BUSINESS ASSOCIATE AGREEMENT BETWEEN THE …



FedBizOppsCombined Synopsis/Solicitation Notice*******CLASSIFICATION CODESUBJECTCONTRACTING OFFICE'S ZIP-CODESOLICITATION NUMBERRESPONSE DATE (MM-DD-YYYY)ARCHIVE DAYS AFTER THE RESPONSE DATERECOVERY ACT FUNDSSET-ASIDENAICS CODECONTRACTING OFFICE ADDRESSPOINT OF CONTACT(POC Information Automatically Filled from User Profile Unless Entered)DESCRIPTION*See AttachmentAGENCY'S URLURL DESCRIPTIONAGENCY CONTACT'S EMAIL ADDRESSEMAIL DESCRIPTION ADDRESSPOSTAL CODECOUNTRYADDITIONAL INFORMATIONGENERAL INFORMATIONPLACE OF PERFORMANCE* = Required FieldFedBizOpps Combined Synopsis/Solicitation NoticeRev. March 2010RCopy of 561-18-1-5104-0001|Paper Shredding services for allof VANJHCS's locations12208-3410VA242-17-Q-091308-15-201720N2561990Department of Veterans AffairsSamuel S . Stratton VA Medical Center113 Holland Avenue (2-90NCA)Albany NY 12208-3410MURRAY, ANTHONY518-626-6138ANTHONY.MURRAY2@East Orange VAMC, 385 Tremont Ave East Orange, NJLyons VAMC, , 151 Knollcroft Road Lyons, NJNJ oupatient Clinics per Delivery ScheduleNJ07018USA NJ HEALTH CARE SYSTEMANTHONY.MURRAY2@CONTRACTING OFFICERCOMBINED SYNOPSIS/SOLICITATION DOCUMENT DESTRUCTION SERVICES AT THE NEW JERSEY VA HEALTH CARE SYSTEM (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 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, All Other Support Services, with a small business size standard of $11.0 Million. (v) The Contractor shall provide pricing to provide Document Destruction Services. See table below:PRICING FOR Document Destruction ServicesLine ItemDESCRIPTIONQUANTITYUNITUNIT PRICETOTAL PRICE001ABase year: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins 10/2/17 – 09/30/1812MONTH001BBase year: Lyons VA (15) 96 gallon bins, James J. Howard Clinic(4) 96-gallon bins & Hackensack (2) 96-gallon bins Biweekly services 10/2/17 – 09/30/1812MONTH001CBase year: Jersey City Clinic, Elizabeth Clinic, Patterson Clinic, Hamilton Clinic, Morristown Clinic, Piscataway Clinic, Tinton Falls Clinic (1) 96-Gallon bin per site 10/2/17 – 09/30/1812MONTH001DBase year: Sussex Clinic Monthly Services (1) 50-Gallon bin 10/2/17 – 09/30/1812MONTH002AOption year 1: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins 10/1/18 – 09/30/1912MONTH002BOption year 1: Lyons VA (15) 96 gallon bins, James J. Howard Clinic(4) 96-gallon bins & Hackensack (2) 96-gallon bins Biweekly services 10/1/18 – 09/30/1912MONTH002COption year 1: Jersey City Clinic, Elizabeth Clinic, Patterson Clinic, Hamilton Clinic, Morristown Clinic, Piscataway Clinic, Tinton Falls Clinic (1) 96-Gallon bin per site 10/1/18 – 09/30/1912MONTHOption year 1: Sussex Clinic Monthly Services (1) 50-Gallon bin 10/1/18 – 09/30/1912MONTH003AOption year 2: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins 10/1/19 – 09/30/2012MONTH003BOption year 2: Lyons VA (15) 96 gallon bins, James J. Howard Clinic(4) 96-gallon bins & Hackensack (2) 96-gallon bins Biweekly services 10/1/19 – 09/30/2012MONTH003COption year 2: Jersey City Clinic, Elizabeth Clinic, Patterson Clinic, Hamilton Clinic, Morristown Clinic, Piscataway Clinic, Tinton Falls Clinic (1) 96-Gallon bin per site 10/1/19 – 09/30/2012MONTH003DOption year 2: Sussex Clinic Monthly Services (1) 50-Gallon bin 10/1/19 – 09/30/2012MONTH004AOption year 3 East Orange VA Weekly Document Destruction Services (15) 96-gallon bins 10/1/20 – 09/30/2112MONTH004BOption year 3: Lyons VA (15) 96 gallon bins, James J. Howard Clinic(4) 96-gallon bins & Hackensack (2) 96-gallon bins Biweekly services 10/1/20 – 09/30/2112MONTH004COption year 3: Jersey City Clinic, Elizabeth Clinic, Patterson Clinic, Hamilton Clinic, Morristown Clinic, Piscataway Clinic, Tinton Falls Clinic (1) 96-Gallon bin per site 10/1/20 – 09/30/2112MONTH004DOption year 3: Sussex Clinic Monthly Services (1) 50-Gallon bin 10/1/20 – 09/30/2112MONTH005AOption year 4: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins 10/1/21 – 09/30/2212MONTH005BOption year 4: Lyons VA (15) 96 gallon bins, James J. Howard Clinic(4) 96-gallon bins & Hackensack (2) 96-gallon bins Biweekly services 10/1/21 – 09/30/2212MONTH005COption year 4: Jersey City Clinic, Elizabeth Clinic, Patterson Clinic, Hamilton Clinic, Morristown Clinic, Piscataway Clinic, Tinton Falls Clinic (1) 96-Gallon bin per site 10/1/21 – 09/30/2212MONTH005DOption year 4: Sussex Clinic Monthly Services (1) 50-Gallon bin 10/1/21 – 09/30/2212MONTHTOTAL PRICE(vi) Description of requirement Statement of WorkConfidential Document Destruction Container Collection/Removal2237 # 561-18-1-5104-0001VA New Jersey Health Care SystemSection 1Part 1GeneralThis 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. SCOPE: 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, between the hours of 7:00AM and 4:00PM with a the prescribed maximum of bins at their locations and also to allow for additional locations as requested and negotiated within the New Jersey locations. 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 VA issued identification badge displayed. 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 Onsite shredding of console/bin contents and repeat process until all bins are serviced. 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 VA employee when services are provided. Period of Performance: This is for the period October 1, 2017 to September 31, 2018. No service shall be performed under this contract after last contract option period has been exercised and time expired without contract authorization. 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 IV FY 2022 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) VA New Jersey Healthcare System, 151 Knollcroft Road Lyons, NJ 07939-5001 (908) 647-0180 ext. 4550/4649. 15 bins- At the Lyons location every other Friday starting at 8:30am, Secured containers are strategically replaced through client locations by vendor and content of containers are shredding on-site.East Orange Campus (561), VA New Jersey Healthcare System, 385 Tremont Ave. East Orange, NJ 07018-1023 (973) 676-1000 ext. 1427/1378.15 bins - Every Friday from 8:30am until complete (or until 1pm during Lyons pick up weeks) See page 13 for specific location of additional sites for VAMC in New Jersey with 4 bins , 1 location See page 13 for specific location of additional sites for VAMC in New Jersey with 2 bins , 1 location See page 13 for specific location of additional sites for VAMC in New Jersey with 1 bin , 8 locations 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: New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Hours of Operation: The contractor is responsible for conducting business, between the hours of on Friday between 7:00AM and 4:00PM except Federal holidays, as shown in VII or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. 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 VA. The contractor shall determine the need for and provide any personal protective clothing required. 2. ID BADGES – All contract employees must wear VA provided identification badges. All employees shall wear contractor provided uniforms which are clearly distinguishable and shall display legible identification of the employee's and company's name (i.e., badge). 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 VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR 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. b. 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. 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 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.XII. TRAINING: 1. Consistent 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: 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 VA information and information systems; the event, including: 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 VA privacy training and annually complete required privacy training; and d. 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.] 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 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 c. 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. d. 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. 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 U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 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. ACOR Alternate Contracting Officer's Representative 18. OTHER ACRONYMS: CCE Contracting Center of Excellence CFR Code of Federal Regulations COR Contracting Officer Representative COTR Contracting Officer's Technical 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 InterestPOC Point of Contact 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 ProgramI. 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 ScheduleVA New Jersey Health Care System: Require a minimum of 44 bins that vary in size for each location, in the event of pickup cancellation(s) Contractor must contact Environmental Management Service within 24 hours.?Bin QTYBin SizesFrequencyLocationsa1596 gallonOnce per weekEast Orange VA Medical Center, 385 Tremont Ave East Orange NJ 07018-1023 b1596 gallonBi-weeklyLyons VA Medical Center, 151 Knollcroft Road Lyons NJ 07939-5001 c496 gallonBi-weeklyJames J. Howard (Brick) Outpatient Clinic, 970 Route 70, Brick NJ 08724 d296 gallonBi-weeklyHackensack Outpatient Clinic 385 Prospect Ave, Hackensack NJ 07601 e196 gallonOnce per monthJersey City Outpatient Clinic, 115 Christopher Columbus Dr. Suite 201, Jersey City NJ 07302f196 gallonOnce per monthElizabeth Outpatient Clinic, 654 East Jersey Street, Suite 2A, Elizabeth NJ 07601 g196 gallonOnce per monthPaterson Outpatient Clinic, 11 Getty Avenue, Building 275, Patterson NJ 07503 i196 gallonOnce per monthHamilton Outpatient Clinic, 3635 Quakerbridge Road, Hamilton NJ 08619 j196 gallonOnce per monthMorristown Outpatinet Clinic, 340 West Hanover Ave, Morris Plains NJ 07950 k196 gallonOnce per monthPiscataway Outpatient Clinic, 14 Wills Way, Building 4, Piscataway NJ 08854 l196 gallonOnce per monthTinton Falls Outpatient Clinic, 55 Gilbert St, Building 4, Suite 4101, Tinton Falls NJ 07701 m150 gallonOnce per monthSussex Outpatient Clinic, 222 High Street, Newton NJ 07860 Total44???All work performed will be inspected for completion by the COR or VA authorized personnel. Period of Performance: The base period for this requirement is October 2, 2017 through September 30, 2018 with provision of 4 option years. Contracting Office Address: VISN 2 Network Contracting Office - Albany 20 Madison Ave Extension Albany, New York 12203 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 (MARCH 2016), applies to this acquisition. All offers must reference:solicitation number for this requirement as VA242-17-Q-0913. Name, address and telephone number of offerorTechnical description of services to be performed in accordance with the Statement of WorkTerms of any express warrantyPriceAcknowledgement of any solicitation amendmentsPast 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 52.212-1:52.204-16Commercial and Government Entity Code Reporting (July 2016) 52.204-17Ownership or Control of Offeror (July 2016) 52.204-20Predecessor of Offeror (July 2016) 52.204-22 Alternate Line Item Proposal (Jan 2017)852.209-70Organizational Conflicts of Interest (JAN 2008)852.215-70Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (JUL 2016)852.252-70Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008)852.270-1Representatives of Contracting Officers (JAN 2008)(ix) The provision at FAR 52.212-2, Evaluation—Commercial Items (OCTOBER 2014), applied to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Evaluation Factors for Confidential Document Destruction Container Collection/Removal ServicesEnvironmental Management ServiceTechnical: 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 capability statement of no longer than 5 pages. Price: Vendor’s price must be fair and reasonable as determined by Contracting Officer’s price analysis.Past Performance: 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.The contractor will be evaluated based on the following: reliability, cost, order accuracy, delivery/timeliness, quality, business relations, personnel, customer support, and responsiveness. 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. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.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 - ). 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 52.212-4:52.204-9Personal Identity Verification of Contractor Personnel (JAN 2011)52.217-8Option to Extend Services (NOV 1999)52.217-9Option to Extend the Term of the Contract (MAR 2000)52.228-5Insurance-Work on a Government Installation (JAN 1997)52.232-40Providing Accelerated Payments to Small Business Subcontractors (DEC 2013CL-120Supplemental Insurance Requirements52.232-18Availability of Funds (APR 1984)52.232-40Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)852.203-70Commercial Advertising (JAN 2008)852.215-71Evaluation Factor Commitments (DEC 2009)852.232-72 Electronic Submission Of Payment Requests (NOV 2012)852.237-70Contractor Responsibilities (APR 1984)001AL-11-15- A Limitations on Subcontracting – Monitoring and Compliance (JUNE 2011)001AL-11-15- B Subcontracting Commitments - Monitoring and Compliance (JUNE 2011)(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 (Jul 2013)52.222-3, Convict Labor (June 2003)52.222-21, Prohibition of Segregated Facilities (APR 2015)52.222-26, Equal Opportunity (APR 2015)52.222-50, Combating Trafficking in Persons (MAR 2015)52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)52.222-41, Service Contract Labor Standards (MAY 2014)52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)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 New Jersey VA Health Care System as defined herein.??The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:"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 12:00 PM EST, Tuesday August 15, 2017. The government shall only accept electronic submissions via email, please send all quotations to Anthony.Murray2@. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). RFI’s will not be accepted after Tuesday August 9, 2017 @ 4:00pm EST. (xvi) Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Anthony Murray, Contracting Officer, 518-626-6138; Anthony.Murray2@.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 Department of Veterans Affairs (VA) Veterans Health Administration (VHA) NJ VA HCS 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 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. 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 and and to the VHA Health Information Access Office, Business Associate Program Manager by email at VHABAAIssues@. (3) Business Associate shall not notify individuals or the Department of Health and Human Services directly unless Business Associate is not acting as an agent of Covered Entity but in its capacity as a Covered Entity itself. E. Provide a written report to Covered Entity of any potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement, including any Breach of PHI, within ten (10) business days of the initial notification. (1) The written report of an incident as described above will document the following: (a) The identity of each Individual whose PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, disclosed, modified, or destroyed; (b) A description of what occurred, including the date of the incident and the date of the discovery of the incident (if known); (c) A description of the types of secured or unsecured PHI that was involved; (d) A description of what is being done to investigate the incident, to mitigate further harm to Individuals, and to protect against future incidents; and (e) Any other information as required by 45 C.F.R. §§ 164.404(c) and 164.410. (2) The written report shall be addressed to: and submitted by email to and to the VHA Health Information Access Office, Business Associate Program Manager at VHABAAIssues@ F. To the greatest extent feasible, mitigate any harm due to a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate. G. Use only contractors and Subcontractors that are physically located within a jurisdiction subject to the laws of the United States, and ensure that no contractor or Subcontractor maintains, processes, uses, or discloses PHI in any way that will remove the information from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing. H. Enter into Business Associate Agreements with contractors and Subcontractors as appropriate under the HIPAA Rules and this Agreement. Business Associate: (1) Must ensure that the terms of any Agreement between Business Associate and a contractor or Subcontractor are at least as restrictive as Business Associate Agreement between Business Associate and Covered Entity. (2) Must ensure that contractors and Subcontractors agree to the same restrictions and conditions that apply to Business Associate and obtain satisfactory written assurances from them that they agree to those restrictions and conditions. (3) May not amend any terms of such Agreement without Covered Entity’s prior written approval. I. Within five (5) business days of a written request from Covered Entity: (1) Make available information for Covered Entity to respond to an Individual’s request for access to PHI about him/her. (2) Make available information for Covered Entity to respond to an Individual’s request for amendment of PHI about him/her and, as determined by and under the direction of Covered Entity, incorporate any amendment to the PHI. (3) Make available PHI for Covered Entity to respond to an Individual’s request for an accounting of Disclosures of PHI about him/her. J. Business Associate may not take any action concerning an individual’s request for access, amendment, or accounting other than as instructed by Covered Entity. K. To the extent Business Associate is required to carry out Covered Entity's obligations under Subpart E of 45 CFR Part 164, comply with the provisions that apply to Covered Entity in the performance of such obligations. L. Provide to the Secretary of Health and Human Services and to Covered Entity records related to Use or Disclosure of PHI, including its policies, procedures, and practices, for the purpose of determining Covered Entity’s, Business Associate’s, or a Subcontractor’s compliance with the HIPAA Rules. M. Upon completion or termination of the applicable contract(s) or agreement(s), return or destroy, as determined by and under the direction of Covered Entity, all PHI and other VA data created or received by Business Associate during the performance of the contract(s) or agreement(s). No such information will be retained by Business Associate unless retention is required by law or specifically permitted by Covered Entity. If return or destruction is not feasible, Business Associate shall continue to protect the PHI in accordance with the Agreement and use or disclose the information only for the purpose of making the return or destruction feasible, or as required by law or specifically permitted by Covered Entity. Business Associate shall provide written assurance that either all PHI has been returned or destroyed, or any information retained will be safeguarded and used and disclosed only as permitted under this paragraph. N. Be liable to Covered Entity for civil or criminal penalties imposed on Covered Entity, in accordance with 45 C.F.R. §§ 164.402 and 164.410, and with the HITECH Act, 42 U.S.C. §§ 17931(b), 17934(c), for any violation of the HIPAA Rules or this Agreement by Business Associate.4. Obligations of Covered Entity. Covered Entity agrees that it: A. Will not request Business Associate to make any Use or Disclosure of PHI in a manner that would not be permissible under Subpart E of 45 C.F.R. Part 164 if made by Covered Entity, except as permitted under Section 2 of this Agreement. B. Will promptly notify Business Associate in writing of any restrictions on Covered Entity’s authority to use or disclose PHI that may limit Business Associate’s Use or Disclosure of PHI or otherwise affect its ability to fulfill its obligations under this Agreement. C. Has obtained or will obtain from Individuals any authorization necessary for Business Associate to fulfill its obligations under this Agreement. D. Will promptly notify Business Associate in writing of any change in Covered Entity’s Notice of Privacy Practices, or any modification or revocation of an Individual’s authorization to use or disclose PHI, if such change or revocation may limit Business Associate’s Use and Disclosure of PHI or otherwise affect its ability to perform its obligations under this Agreement.5. Amendment. Business Associate and Covered Entity will take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the HIPAA Rules or other applicable law.6. Termination. A. Automatic Termination. This Agreement will automatically terminate upon completion of Business Associate’s duties under all underlying Agreements or by termination of such underlying Agreements. B. Termination Upon Review. This Agreement may be terminated by Covered Entity, at its discretion, upon review as provided by Section 9 of this Agreement. C. Termination for Cause. In the event of a material breach by Business Associate, Covered Entity: (1) Will provide an opportunity for Business Associate to cure the breach or end the violation within the time specified by Covered Entity; (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 Veterans Health AdministrationNJ VA HCSBy: By: Name: Name: Title: Title: Date: Date: See attached document: P07 WD essex county.See attached document: P07 WD MERCER.See attached document: P07 WD MIDDLESEX.See attached document: P07 WD BERGEN PASSAIC.See attached document: P07 WD MONMOUTH AND OCEAN.See attached document: P07 WD SOMERSET COUNTY. ................
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