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FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 14, 2014 FBO #4465
DOCUMENT

S -- Shredding & Recycling Service - Attachment

Notice Date

2/12/2014
 

Notice Type

Attachment
 

NAICS

561990 — All Other Support Services
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 6;100 Emancipation Drive;Hampton VA 23667
 

ZIP Code

23667
 

Solicitation Number

VA24614Q0413
 

Response Due

2/21/2014
 

Archive Date

5/31/2014
 

Point of Contact

Ashley Seffernick
 

E-Mail Address

2-9961<br
 

Small Business Set-Aside

N/A
 

Description

REQUEST FOR QUOTE REQUEST FOR QUOTE NUMBER VA246-14-Q-0257 SENSITIVE DATA REMOVAL (SHREDDING) SERVICES This is a combined synopsis/solicitation for commercial items 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. Quotes shall reference VA246-14-Q-0413. This Request for Quote (RFQ) document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. The Network Contracting Office 6 - SAO East intends to award a firm-fixed-price contract for the disposal of sensitive data located at the Beckley Veterans Affairs Medical Center in Beckley, WV. The intent is to award a six-month base contract with four additional one-year option periods. The option periods may be exercised at the discretion of the Government. The North American Industrial Classification System (NAICS) code for this procurement is 561990 with a small business size standard of $10 million. This requirement is a 100% Small Business set-aside, and only qualified vendors may submit quotes. All offerors must be registered in the System for Award Management (SAM) at https://www.sam.gov to be considered for an award of a federal contract. The record must be complete and not missing elements such as representations and certifications. Questions concerning this solicitation shall be addressed to Ashley Seffernick, Contract Specialist, and e-mailed to ashley.seffernick@va.gov. All questions or inquires must be submitted in writing no later than 5:00 p.m. Eastern Standard Time on 17 February 2014. No phone calls will be accepted. Any amendments to this RFQ will be posted on the Federal Business Opportunities website. The Government will award a contract resulting from this RFQ to the responsible offeror whose quote is the lowest price technically acceptable. Quotes are due by 5:00 PM Eastern Standard time on 21 February 2014. Quotes received after this date and time will be considered late in accordance with 52.212-1(f) and will not be evaluated. Quotes shall be submitted via e-mail to ashley.seffernick@va.gov. The contractor shall furnish all personnel, equipment, containers and transportation required to dispose of sensitive data located at the Beckley Veterans Affairs Medical Center in accordance with the terms and conditions herein. Offers shall propose prices for all of the following Contract Line Item Numbers: Base Year 1 April 2014 - 30 September 2014 LineServiceQTYUnitUnit CostTotal Cost 0001Disposal of sensitive data in accordance with (IAW) the Statement of Work (SOW) for Beckley VAMC. 8Months$$ Base Year Total Cost: $ Option Year 1 1 October 2014 - 30 September 2015 LineServiceQTYUnitUnit CostTotal Cost 1001Disposal of sensitive data IAW the SOW for Beckley VAMC.12Months$$ Option Year Total Cost: $ $ Option Year 2 1 October 2015 - 30 September 2016 LineServiceQTYUnitUnit CostTotal Cost 2001Disposal of sensitive data IAW the SOW for Beckley VAMC.12Months$$ Option Year Total Cost: $ Option Year 3 1 October 2016 - 30 September 2017 LineServiceQTYUnitUnit CostTotal Cost 3001Disposal of sensitive data IAW the SOW for Beckley VAMC.12Months$$ Option Year Total Cost: $ Option Year 4 1 October 2017 - 30 September 2018 LineServiceQTYUnitUnit CostTotal Cost 4001Disposal of sensitive data IAW the SOW for Beckley VAMC.12Months$$ Option Year Total Cost: $ Total Contract Cost (Base + Option Years):$ The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) provisions and clauses are applicable to this acquisition and are available for view at: http://farsite.hill.af.mil/ FAR Provisions: 52.204-7System for Award Management (JUL 2013) 52.212-1 Instructions to Offerors- Commercial Items (JUL 2013) 52.212-2 Evaluation-Commercial Items (JAN 1999) The Government will award a firm fixed priced contract to the responsible offeror who provides the lowest evaluated price meeting or exceeding the technical acceptability standards. The following shall be used to evaluate offers: 1. Offeror shall provide firms' technical approach to perform services required per the Statement of Work. This may include product literature, or other documents, if necessary. 2. Past performance will be evaluated IAW FAR 9.104-1. The Government may obtain past performance information from any source and is not limited to the information provided by the contractor. 52.212-3 Certifications and & Representations (NOV 2013) 52.217-5Evaluation of Options (JUL 1990) VAAR Provisions: 852.233-70Protest Content/Alternative Dispute Resolution (JAN 2008) 852.233-71Alternative Protest Procedure (JAN 1998) 852.252-70Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) 852.270-1Representatives of Contracting Officers (JAN 2008) 852.273-74Award Without Exchanges (JAN 2003) FAR Clauses: 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (SEP 2013) 52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.212-4 Contract Terms and Conditions- Commercial Items (SEP 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (SEP 2013) -52.204-10Reporting Executive Compensation and First-TierSubcontract Awards (JUL 2013) -52.209-6Protecting the Government's Interest When Subcontractingwith Contractors Debarred, Suspended, or Proposed forDebarment (AUG 2013) -52.219-6Notice of Total Small Business Set-Aside (NOV 2011) -52.219-28Post Award Small Business Program Representation (JUL2013) -52.222-3Convict Labor (JUN 2003) -52.222-19 Child Labor - Cooperation with Authorities and Remedies(MAR 2012) -52.222-21 Prohibition of Segregated Facilities (FEB 1999) -52.222-26 Equal Opportunity (MAR 2007) -52.222-35 Equal Opportunity for Veterans (SEP 2010) -52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) -52.222-41Service Contract Act of 1965 (NOV 20007) This statement is for information only; it is not a wage determination. Employee Class: 1603 GS 5: $15 - $19.50 -52.222-43Fair Labor Standards Act and Service Contract Act-PriceAdjustment (Multiple Year and Option Contracts) (SEP 2009) -52.223-18Encouraging Contractor Policies to Ban Text MessagingWhile Driving (AUG 2011) -52.232-33Payment by Electronic Funds Transfer- System for AwardManagement (JUL 2013) 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract expiration. 52.217-9 Option to Extend Term of the Contract (MAR 2000) a) The Government may extend the term of this contract by written notice to the Contractor within no later than 15 days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. 52.232-99Providing Accelerated Payment to Small Business Subcontractors (DEV) (AUG 2012) 52.252-2 Clauses Incorporated by Reference (FEB 1998) VAAR Clauses: 852.203-70Commercial Advertising (JAN 2008) 852.232-72Electronic Submission of Payment Requests (NOV 2012) 852.237-70Contractor Responsibilities (APR 1984) Attachments: Statement of Work Dated 12 February 2014 VA Information and Information Security Privacy Language Dated 12 February 2014 Business Associate Agreement Sample ? VA INFORMATION / INFORMATION SYSTEM SECURITY / PRIVACY LANGUAGE DISPOSAL OF SENSITVE DATA SERVICES BECKLEY VAMC 1.GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a.A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b.All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. VA INFORMATION CUSTODIAL LANGUAGE a.Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the Contracting Officer Representative (COR). 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 VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. 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. 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 VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. LIQUIDATED DAMAGES FOR DATA BREACH a.Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b.The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c.Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. TRAINING a.All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] The contractor shall provide to the contracting officer and/or the COR 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. 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. ? Statement of Work Disposal of Sensitive Data Services Beckley Veterans Affairs Medical Center (VAMC) 12 February 2014 1. GENERAL The contractor shall furnish all personnel, equipment, containers and transportation required to dispose of sensitive data located at the Beckley Veterans Affairs Medical Center in Beckley, WV. Services shall be performed on-site. 2. SCOPE 2.1 The contractor shall provide for the convenient, safe and secure destruction of a variety of media to include paper, magnetic tape, microfilm, microfiche, plastic, cassette tapes or CD diskettes. Destruction and disposal shall conform to the regulations and standards referenced in Section 4 of this Performance Work Statement (PWS). The contractor shall be licensed, insured and bonded to operate within the state of West Virginia. 2.2. The contractor shall provide twenty six, 96-gallon locking containers, and 300 Locking Personal Document Containers (LPDC's) to collect and store materials to be shredded until such time that shredding occurs. All containers and carts shall possess locking mechanisms and locks that can be opened with a master key. The contractor shall supply the COR keys to all containers. 2.3. Containers are located within various offices within Beckley VAMC located at 200 Veterans Avenue, Beckley, West Virginia 25801 as well as adjacent buildings located within the Beckley VAMC campus. 2.4. The Contractor shall distribute and pick-up all lockable collection containers as required, and take to an on-site shredding location for document destruction. On site shredding shall occur at the Administrative Building located off Airport Road, 357 Industrial Drive, Beaver, West Virginia 25813. 2.5. Upon request by the Contracting Officers Representative (COR), the Contractor shall shred boxes of records from records storage located under Building 6 of Beckley VAMC. 2.6. The facility shall be charged a flat rate of per pound. The number of pounds destroyed shall be documented in the Certificate of Destruction referenced in Section 5 of this PWS. 3. COORDINATION 3.1. The COR will call the Contractor when service is required. The contractor shall provide next day service if notified by the COR by 2:00 PM EST. 3.2. Witness of Destruction. Only appropriately approved employees of the contractor shall destroy sensitive material. These individuals shall have a full understanding of their responsibilities and have completed the appropriate privacy training prior to performance of the destruction of sensitive material. 3.2.1. For non-sensitive material, a member of the contractor's staff shall witness destruction. 3.2.3. The COR may accompany the contractor and view the destruction process at any time. 4. APPLICABLE REGULATIONS, GUIDELINES AND STANDARD OPERATING PROCEDURES Sensitive information identified for destruction shall be destroyed completely to preclude recognition or reconstruction of the sensitive information in accordance with the federal regulations and guidelines listed below. These guidelines and regulations are designed to protect sensitive and private information from being disclosed to unauthorized parties. The contractor shall adhere to the following regarding sensitive information and document destruction: 1.VA Handbook 6300 2.NIST Special Publication 800-88 (NISTSP 800-88) Guidelines for Media Sanitization 3.Homeland Security Presidential Directive-12 (HSPD-12) 4.NIST 800-53, Office of Management and Budget (OMB) guidance M-05-24, as amended 5.Federal Information Processing standards Publication (FLPS PUB) Number 201, as amended Contractor 6.Privacy Act of 1974 7.Health Insurance Portability and Accountability Act of 1996 5. CERTIFICATE OF DESTRUCTION A signed certificate of destruction must be issued upon completion of each job. The certificate shall indicate the date of destruction, identify the material destroyed, method of destruction, the number of pounds destroyed and signed by the individuals designated to destroy and witness the destruction. 6. CONTRACTOR IDENTIFICATION While on VA Medical Center premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements All contractor vehicles and collection bins will be clearly identified with the company's name. 7. WORK HOURS: Work shall be accomplished Monday through Friday, 8:00 am to 4:30 pm. Unless directed by the Contracting Officer (CO), work at the site(s) shall not take place on Federal holidays or weekends. When a holidayfalls on Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the U.S. Government agencies. The following Federal holidays are observed: 1.New Year's 2.Martin Luther King Jr Day 3.President's Day 4.Memorial Day 5.Fourth of July 6.Labor Day 7.Columbus Day 8.Veteran's Day 9.Thanksgiving 10.Christmas 8. BILLING AND PAYMENT Invoices shall be submitted monthly, in arrears, and shall include at a minimum: Date of invoice Contract Number Purchase Order Number Vendor Name Invoice Number CLIN & Date of service ? BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION AND Purpose. The purpose of this Business Associate Agreement (Agreement) is to establish requirements for the Department of Veterans Affairs (VA) Veterans Health Administration (VHA) 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 services to, for, or on behalf of VHA. In order for to provide such services, VHA will disclose Protected Health Information to, and will use or disclose Protected Health Information 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 VHA. "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 Director, Health Information Governance, by email to VHABAAIssues@va.gov. (3) Business Associate shall not notify individuals or HHS 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: Director, Health Information Governance Department of Veterans Affairs - Veterans Health Administration Office of Informatics and Analytics (10P) 810 Vermont Avenue NW Washington, DC 20420 and submitted by email at VHABAAIssues@va.gov 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 3 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 11 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. ? Department of Veterans Affairs COMPANY/ORGANIZATION Veterans Health Administration By: By: Name:Name: Title: Title: Date: Date:
 

Web Link

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Document(s)

Attachment
 

File Name: VA246-14-Q-0413 VA246-14-Q-0413.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1205356&FileName=VA246-14-Q-0413-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1205356&FileName=VA246-14-Q-0413-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03287126-W 20140214/140212234208-e05c9a37b61ac6dcc92726ca46066c87 (fbodaily.com)
 

Source

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