Notice Type: Combine Solicitation
Subject: S-- Shredding & Recycling Service
Classification Code: S - Utilities and housekeeping services
Solicitation Number: VA24614Q0413
Contact: Ashley SeffernickContract Specialist 757-722-9961 mailto:email@example.com
REQUEST FOR QUOTEREQUEST 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
The North American Industrial Classification System (NAICS) code for this procurement is 561990 with a small business size standard of
Questions concerning this solicitation shall be addressed to
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
The contractor shall furnish all personnel, equipment, containers and transportation required to dispose of sensitive data located at the
Line Service QTY Unit Unit Cost Total Cost
0001 Disposal of sensitive data in accordance with (IAW) the Statement of Work (SOW) for Beckley VAMC. 8 Months $ $
Base Year Total Cost:
Option Year 1
Line Service QTY Unit Unit Cost Total Cost
1001 Disposal of sensitive data IAW the SOW for Beckley VAMC. 12 Months $ $
Option Year Total Cost: $
Option Year 2
Line Service QTY Unit Unit Cost Total Cost
2001 Disposal of sensitive data IAW the SOW for Beckley VAMC. 12 Months $ $
Option Year Total Cost:
Option Year 3
Line Service QTY Unit Unit Cost Total Cost
3001 Disposal of sensitive data IAW the SOW for Beckley VAMC. 12 Months $ $
Option Year Total Cost:
Option Year 4
Line Service QTY Unit Unit Cost Total Cost
4001 Disposal of sensitive data IAW the SOW for Beckley VAMC. 12 Months $ $
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/
52.204-7 System for Award Management (
52.212-1 Instructions to Offerors- Commercial Items (
52.212-2 Evaluation-Commercial Items (
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 (
52.217-5 Evaluation of Options (
852.233-70 Protest Content/Alternative Dispute Resolution (
852.233-71 Alternative Protest Procedure (
852.252-70 Solicitation Provisions or
852.270-1 Representatives of Contracting Officers (
852.273-74 Award Without Exchanges (
52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
52.212-4 Contract Terms and Conditions- Commercial Items (
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (
- 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (
- 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (
- 52.219-6 Notice of Total Small Business Set-Aside (
- 52.219-28 Post Award Small Business Program Representation (
- 52.222-3 Convict Labor (
- 52.222-19 Child Labor - Cooperation with Authorities and Remedies (
- 52.222-21 Prohibition of Segregated Facilities (
- 52.222-26 Equal Opportunity (
- 52.222-35 Equal Opportunity for Veterans (
- 52.222-36 Affirmative Action for Workers with Disabilities (
- 52.222-41 Service Contract Act of 1965 (NOV 20007)
This statement is for information only; it is not a wage determination.
Employee Class: 1603 GS 5:
- 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (
- 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (
- 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (
52.217-8 Option to Extend Services (
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 (
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.
52.232-99 Providing Accelerated Payment to Small Business Subcontractors
852.232-72 Electronic Submission of Payment Requests (
852.237-70 Contractor Responsibilities (
Statement of Work Dated
VA Information and Information Security Privacy Language Dated
Business Associate Agreement Sample
VA INFORMATION / INFORMATION SYSTEM SECURITY / PRIVACY LANGUAGE
DISPOSAL OF SENSITVE DATA SERVICES
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.
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
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
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
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
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:
(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
(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
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
The contractor shall furnish all personnel, equipment, containers and transportation required to dispose of sensitive data located at the
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
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
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
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.
3.1. The COR will call the Contractor when service is required. The contractor shall provide next day service if notified by the COR by
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,
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
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,
2. Martin Luther King
8. Veteran's Day
8. BILLING AND PAYMENT
Invoices shall be submitted monthly, in arrears, and shall include at a minimum:
Date of invoice
Purchase Order 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
Scope. Under this Agreement and other applicable contracts or agreements, will provide brIEFLY DESCRIBE SERVICES (i.e., medical device, transcription, publishing)> 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.
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
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
(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.
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 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.
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.
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.
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.
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