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Shredding Service Federal contract opportunity
Solicitation number
N6809321Q0047
Issued by
Department of the Navy Naval Supply Systems Command

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N6809321Q0047

Section SF 1449 - CONTINUATION SHEET

SOLICITATION INFORMATION

CAGE: _____________________

DUNS/UEI: _____________________

Vendor POC: _____________________

Vendor Phone: ____________________

Vendor Fax: ______________________

Vendor E-mail: ____________________

Note to Vendor:

-At a minimum, the SF1449 must be completed to be considered for this opportunity. Please respond to blocks 17a and 30a-c on page 1 and the vendor information on page 3, as well as provide your price(s) on the Contract Line Item Number(s) (CLINs). Cursive font signatures will not be accepted.

-No other Terms and Conditions will be accepted. Offers that contain additional terms and conditions will not be considered.

-Vendor to reference request for quotes number (RFQ#) N6809321Q0047 on all inquiries.

-All proposals should be inclusive of all costs (e.g. Shipping and Handling). Shipping should be included in the quote total, but NOT separately priced; shipping costs are always considered in the evaluation process. Only NEW product offers will be accepted.

-Award will be made on the basis of the lowest evaluated price and the capability to meet the requirement detailed in the Performance Work Statement.

PROMPT PAYMENT

For Prompt Payment Act purposes, this contract is subject to the 7 calendar day constructive acceptance period.

Billing / Payment in arrears

For all questions, POC:

Lisa C. Wilk Contract Specialist Materiel Management Department Naval Medical Center Camp Lejeune Phone: (910)450-4226 Fax: (910)450-4922 Email: lisa.c.wilk.civ@mail.mil

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
52
Week

Shredding Service

FFP

Provide 162 lockable consoles/bins for shredding service.

The location and sizes of the consoles/bins can be found in more detail on the Performance Work Statement.

FOB: Destination

PSC CD: R614

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
52
Week
OPTION
Shredding Service

FFP

Provide 162 lockable consoles/bins for shredding service.

The location and sizes of the consoles/bins can be found in more detail on the Performance Work Statement.

PSC CD: R614

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-APR-2022 TO

31-MAR-2023

N/A
NAVAL MEDICAL CENTER CAMP LEJEUNE

SUPPLY OFFICER

100 BREWSTER BOULEVARD

CAMP LEJEUNE NC 28547-2538

910-450-4836

N68093

1001
POP 01-APR-2023 TO

31-MAR-2024

N/A
(SAME AS PREVIOUS LOCATION)

N68093

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.203-7
Anti-Kickback Procedures
JUN 2020
52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-18
Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-3
Taxpayer Identification
OCT 1998
52.204-6
Unique Entity Identifier
OCT 2016
52.204-7
System for Award Management
OCT 2018
52.204-8
Annual Representations and Certifications
SEP 2021
52.204-8 Alt I
Annual Representations and Certifications (SEP 2021) Alternate I
SEP 2021
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-12
Unique Entity Identifier Maintenance
OCT 2016
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
AUG 2020
52.204-17
Ownership or Control of Offeror
AUG 2020
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-20
Predecessor of Offeror
AUG 2020
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
OCT 2020
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.204-26
Covered Telecommunications Equipment or Services--Representation.
OCT 2020
52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.211-2
Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
JUL 2021
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.212-5
Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items
SEP 2021
52.213-3
Notice to Suppliers
APR 1984
52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991
52.217-5
Evaluation Of Options
JUL 1990
52.219-1 Alt I
Small Business Program Representations (SEP 2021) Alternate I
SEP 2015
52.219-4 (Dev)
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008)
SEP 2021
52.219-28
Post-Award Small Business Program Rerepresentation
SEP 2021
52.219-31
Notice of Small Business Reserve
MAR 2020
52.219-32
Orders Issued Directly Under Small Business Reserves
MAR 2020
52.219-33 (Dev)
Nonmanufacturer Rule (DEVIATION 2020-O0008)
SEP 2021
52.222-3
Convict Labor
JUN 2003
52.222-4
Contract Work Hours and Safety Standards - Overtime Compensation
MAY 2018
52.222-22
Previous Contracts And Compliance Reports
FEB 1999
52.222-25
Affirmative Action Compliance
APR 1984
52.222-26
Equal Opportunity
SEP 2016
52.222-50
Combating Trafficking in Persons
OCT 2020
52.222-54
Employment Eligibility Verification
OCT 2015
52.223-1
Biobased Product Certification
MAY 2012
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2021
52.225-18
Place of Manufacture
AUG 2018
52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.226-1
Utilization Of Indian Organizations And Indian-Owned Economic Enterprises
JUN 2000
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-18
Availability Of Funds
APR 1984
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
52.232-28
Invitation to Propose Performance-Based Payments
MAR 2000
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-34
Payment By Electronic Funds Transfer--Other Than System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.242-15
Stop-Work Order
AUG 1989
52.244-6
Subcontracts for Commercial Items
JUL 2021
52.249-4
Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
52.252-1
Solicitation Provisions Incorporated By Reference
FEB 1998
52.252-5
Authorized Deviations In Provisions
NOV 2020
52.252-6
Authorized Deviations In Clauses
NOV 2020
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7006
Billing Instructions
OCT 2005
252.204-7007
Alternate A, Annual Representations and Certifications
MAY 2021
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016
Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019
Notice of NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.204-7021
Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement
NOV 2020
252.204-7022
Expediting Contract Closeout
MAY 2021
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.209-7993 (Dev)
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation)
FEB 2014
252.213-7000
Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
SEP 2019
252.215-7014
Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.
JUN 2018
252.215-7015
Program Should-Cost Review
NOV 2019
252.215-7998 (Dev)
Pilot Program to Accelerate Contracting and Pricing Processes (DEVIATION 2020-O0020)
AUG 2020
252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7050 (Dev)
Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. (DEVIATION 2021-O0006)
JUN 2021
252.225-7053
Representation Regarding Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation
AUG 2021
252.225-7054
Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation
AUG 2021
252.225-7970 (Dev)
Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation. (DEVIATION 2020-O0018)
MAY 2020
252.225-7971 (Dev)
Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation - Representation. (DEVIATION 2020-O0018)
MAY 2020
252.225-7972 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015)
MAY 2020
252.225-7974 (Dev)
Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.229-7999 (Dev)
Foreign Contracts in Afghanistan (Deviation)
JUL 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.232-7015
Performance-Based Payments--Representation
APR 2020
252.232-7016
Notice of Progress Payments or Performance-Based Payments
APR 2020
252.232-7017
Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration
APR 2020
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.239-7001
Information Assurance Contractor Training and Certification
JAN 2008
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JAN 2021
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 6 months.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 6 months 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 24 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Clauses http://acquisition.gov/far DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause--

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

INVOICE TYPE: Receiving Report (Combo)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE TYPE: 2-in-1

(2) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
HQ0490
Issue By DoDAAC
N68093
Admin DoDAAC
N68093
Inspect By DoDAAC
N/A
Ship To Code
HT0460
Ship From Code
N/A
Mark For Code
N/A
Service Approver (DoDAAC)
HT0460
Service Acceptor (DoDAAC)
HT0460
Accept at Other DoDAAC
N/A
LPO DoDAAC
N/A
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
N/A

(3) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(4) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

WAWF Acceptor/COR Email Address: jeffrey.a.conaway.civ@mail.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

PERFORMANCE WORK STATEMENT

Performance Work Statement

1. GENERAL SCOPE

1.1. Contractor shall provide and maintain lockable 40 gallon consoles and 95 gallon bins. Lockable consoles and bins shall be delivered to the Naval Medical Center Camp Lejeune (NMCCL) Camp Lejeune, NC, and associated off-site locations as specified below. Contractor shall also retrieve all consoles and bins at the conclusion of the contract at NO ADDITIONAL CHARGE. Contractor shall provide removal and destruction of paper products placed in all bins and consoles supplied by the Contractor.

1.2. Every week each console and bin shall be emptied. A document shredding person shall collect all paper contained in the bins and consoles provided by the Contractor. The person shall shred, on-site (on Premise), all materials collected from the NMCCL and all associated clinics and off-site Locations.

1.3. The selected Contractor shall be AAA certified by the National Association of Information Destruction (NAID) and Maintain that Certification throughout the term of the contract. All employees assigned to collect and shred materials collected from the NMCCL and associated sites must be vetted through a background check and must be subject to random drug testing.

1.4. It is the contractor’s sole responsibility to obtain and maintain access to the federal facilities where the consoles and bins are located for the duration of the contract.

1.5. All shred bins/consoles must have tracking capability in order to create a record indicating the date and time the bins/consoles were serviced. The servicing log must be provided to the NMCCL upon request. The Contractor shall keep a record of that log for the duration of the contract.

1.6. The Contractor shall ensure that each bin/console has the Contractor’s “professional informative label” affixed in front of the bin/console.

1.7. The Contractor shall ensure that each bin/console has an affixed sign placed on top of the bin/console with the following wording: “SHREDDING DOCUMENTS ONLY. THIS IS NOT A RECYCLE BIN.”

1.8. All shredded material shall be removed and recycled at no additional cost to the Government.

1.9. Contractor shall furnish all labor, materials and supervision to complete work in a professional manner that complies with all Federal, State, Local and HIPAA requirements.

1.10. Contractor shall provide all requested secure containers (consoles or bins) spread throughout the hospital and several off-site locations/clinics.

1.11. In the event the scheduled truck is not working properly, the Contractor shall have the ability to re-route another truck to the hospital or off-site locations to complete the required task.

1.12. Contractor shall maintain all required insurance and bonding needed to legally service NMCCL. The Contractor shall maintain all certifications through NAID and shall continue to comply with all GSA schedule requirements.

1.13. Contractor shall provide all containers or bins in Exhibit A. Once a week, the Contractors will shred on-site all materials collected from designated consoles and bins as well as haul away the shredded waste for recycling, a certification of destruction shall be issued via e-mail after each destruction period.

Submit destruction certificate to:

bryan.w.ritter.civ@mail.mil

1.14. This purchase order does not allow for the additional work in the form of excess paper, x-ray, CD, discs, tapes and/or film destruction.

1.15. In the event additional work is needed the contractor shall only perform that work when (1) this contract is modified to cover that required service or (2) an additional purchase order is issued by this office to cover the required service. The Contractor shall only accept instructions in reference to this contract from the Contracting Officer.

Exhibit A Devil Dog Camp – Bldg DD-48

1 – 40- Front desk

Veterinarian Clinic – TT245-M

1-40- Side office

1-40- Clinic

Camp Johnson Medical clinic – M407A

1-40- Front desk

Wallace Creek Gym –

1-40- Room 111

MCX Pharmacy -

1-95 - Pharmacy

Building 65 -

1-40- 2nd floor copy room

1-40- 2nd floor Room 263

1-40- 1st floor room 134

1-40- 1st floor Reception

Building 4 -

1-40- Copy Room

Building 15-

1-40- Medical Records

1-40- Room 150

Building 36 -

1-40- Front

Building H-1 -

1-40- Office

Building HP 402-

1- 40- Reception

Building HP 416 -

1-40- Front

1-40- Team Room

Building 326 -

1-40- Front Desk

1-40- 2nd Floor reception

Building FC308 -

1-40- Medical side back hall

1-40- Medical side Reception

1-40- Medical Records

1-40- Lab

Building BB118 -

1-40- Left side

Courthouse Bay Gym -

1-40- Room 131

Midway Park Building LC 4012B -

1-95- Front

1-95- Front

Camp Geiger Medical Clinic G 770 -

1-40- Reception

1-40- Admin

Camp Geiger Smart Center G 615 -

1-40- Office

New River Air Station Building AS100 -

1-95- Reception

1-40- Break Room

1-40- X-Ray

1-95- Locked office left side

HP206

1-40 - Front desk

1-40 - Provider Pod

Intrepid Spirit

1-40- Front desk

1-40- Copy room

M407

1-40- Office

NH 121 BEQ

1-40- Front desk

NH 109

1-40- Upstairs

NH 118

1-40- Copy room

1-40- Copy room

NH 160

1-40- Back

NH 161

1-40- Front Hall

NHR 167

1-40- Office

NHR 166

1-40- Office

1-40- Office

NH152

1-40 - Staff education and training

NH174

1-40 - Room E101

NH172

1-40- Pediatric Dept waiting area

1-40- Pediatric Dept

NHR 155

1-40- Trailer behind Hospital

NHR 162

1-40- MRI trailer behind Hospital

NHR 169

1-40- Budget Mgt trailer behind Hospital

NHR 168

1-40- Supply Room

NHR 165

1-40- Office

NH 152

1-40- Front door

NH 153

1-40- Back corner

NH200

1-95- Reception

1-40- Dermatology

1-40- EDIS

1-40-Pharmacy

1-40- Sleep Lab

1-40- IT

Building 40

1-95- Room 134

1-95- Room 134

WC2

1-40- Office

Wounded Warrior Office

1-40- Office

Wounded Warrior Trailer PP6E

1-40- Office

Wounded Warrior Trailer PP6B

1-40- Office

NMCCL NH 100

1-95- PHARMACY 121A

1-95- Orthopedic SW151A

1-40- MED RECORDS

1-40- UROLOGY CLINIC

1-95- ER RM SE208

1-40- ER RECEPTION

1-40- ER NURSE STATION

1-95- ER ROOM SE264

1-40- X-RAY RM S234

1-40- X-RAY RM S214

1-40- SURGERY RM C232

1-40- SURGERY C264

1-40- NURSE STATION

1-40- 2ND FL NURSE STATION

1-40- 2ND FL CRITICAL CARE

1-40- 2ND FL CRITICAL CARE RM N240

1-40- 2FL PROVIDER WR N273

1-40- 2ND FL BREAK ROOM

1-40- 2ND FL NICU

1-40- 4TH FL BEHAVIORAL

1-40- 4TH FL NURSE STATION

1-40- 4TH FL ACROSS FROM N404

1-40- 3RD FL NURSE STATION

1-40- 3RD FL NURSE STATION

1-40- 3RD FL SAME DAY SURGERY

1-40- 3RD FL N334

1-40- 1ST FL ADMISSIONS C106

1-40- 1ST FL RM S119

1-40- 1ST FL MRI BACK

1-40- 1ST FL NUC MED S120B

1-95- LAB S102

1-95- LAB S102

1-40- LAB

1-40- 2ND FL RM-C 205

1-40- NW213A

1-40- W265A

1-40- NW292

1-40- NW201A

1-40- NW254

1-40- NW265

1-40- W202

1-40- W204A

1-40- W235

1-40- 2ND MENTAL HEALTH W282A

1-40- 2ND MENTAL COPY RM W277

1-95- PHARMACY C110

1-40- PHARMACY C110

1-40- PHARMACY

1-40- PHARMACY

1-40- 1ST E126

1-40- 1ST C118

1-95- Med Boards N127D

1-40- CLINICAL SERVICES N119

1-40- CHAPLAIN N102

1-40- N014

1-40- N111

1-40- N114

1-40- N135A

1-40- N152

1-40- HR

1-40- HR

1-40- C134

1-40- LOADING DOCK

1-40- BLOOD DONOR E102

1-40- BLOOD DONOR E159

1-40- E120

1-40- Mat Man E116A

1-95- Mat Man E116

1-40- E115

1-40- POST OFFICE

1-40- E112

1-40- E106

1-40- MED RECORDS

1-40- MED RECORDS

1-40- MED RECORDS

1-40- MED RECORDS

1-40- SW109

1-40- SW162

1-40- NW100A

1-40- NW100A

1-40- SW101

1-40- RECEPTION

1-40- W150B

1-40- W151A

1-40- W159A

1-40- CALL CENTER

1-40- OBGYN W105

1-40- OBGYN W105

1-40- E160

1-40- C117

PRIVACY & SECURITY OF PHI

PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02, as amended. Additional requirements will be addressed when implemented.

a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02.

(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.

(5) Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfm

f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.

g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.

h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.

i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

k. The Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

2. General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02 if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.

3. Specific Use and Disclosure Provisions

a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.

b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

4. Obligations of the Government

Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions

a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Business Associate’s permitted or required uses and disclosures.

c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

5. Permissible Requests by the Government

The Government shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Business Associate as otherwise permitted by this clause.

6. Termination

a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.

b. Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such Protected Health Information.

7. Miscellaneous

a. Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.

b. Survival. The respective rights and obligations of Business Associate under the “Effect of Termination” provision of this Clause shall survive the termination of this Contract.

c. Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02, the HIPAA Privacy Rule or the HIPAA Security Rule.

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File details come from the government source that posted it. Updated .