RFQ SENSITIVE TRASH DESTRUCTION 36C77025Q0002.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

NCO 15 Contracting Ofc - CMOP

766-25-1-604-0004

36C77025Q0002

Shannon Imbrigiotta 913-758-9923 08-28-2024

15:00 CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

X

562219

$47 Million

N/A

X

36766

Department of Veterans Affairs Charleston CMOP 766 4136 Carolina Comerce Pkwy

North Charleston SC 29456

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

The purpose of this requirement is for sensitive trash destruction for the Charleston CMOP

See Statement of Work for additional details.

BAA must be in place and submitted with the offerer's quote.

ALL QUESTIONS MUST BE SUBMITTED BY 3:00 PM, AUG 28th, 2024.

See CONTINUATION Page

X

Shannon Imbrigiotta

36C77025Q0002

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK

Sample Business Associate Agreement

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

TBD

b. GOVERNMENT: Contracting Officer 36C770

Department of Veterans Affairs

NCO 15 Contracting Ofc - CMOP

3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other X SEE SOW

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

STATEMENT OF WORK

CHARLESTON CMOP HIPAA/PII DESTRUCTION SERVICES

1) SCOPE

The Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP) Charleston located at 4136 Carolina Commerce Pkwy, North Charleston, SC 29456 requires Sensitive Material destruction and disposal services. Contractor will provide destruction (e.g.: burning, shredding, etc.) and disposal of material containing Health Insurance Portability and Accountability Act (HIPAA), Personally Identifiable Information (PII) data, and VA Sensitive Information, which consists of a variety of trash steams. These streams include but are not limited to paper, labels, pharmaceutical bottles with affixed labels, mylar and bubble mailers with affixed labels, and printer ribbons. The vendor must minimize the trash segregation schema to prevent negative impacts to production throughput. Contractor must also complete a Business Associates Agreement (BAA), as shown in paragraph 4 below and meet the appropriate security requirements of the solicitation. Destruction will be accomplished in accordance with the descriptions contained in paragraph 5.d.4.d.3 below.

2) PERIOD OF PERFORMANCE

The Government is seeking to establish a service contract of a base year with four option years:

BASE YEAR

OCTOBER 01, 2024 TO SEPTEMBER 30, 2025

OPTION YEAR 1 OCTOBER 01, 2025 TO SEPTEMBER 30, 2026

OPTION YEAR 2 OCTOBER 01, 2026 TO SEPTEMBER 30, 2027

OPTION YEAR 3 OCTOBER 01, 2027 TO SEPTEMBER 30, 2028

OPTION YEAR 4 OCTOBER 01, 2028 TO SEPTEMBER 30, 2029

3) INVOICES

Contractor shall invoice the CMOP facility for services monthly. The issuing contracting officer is responsible for any necessary oversight to ensure proper invoice processing. The invoicing method used by the vendor must be in accordance with VAAR 852.232-72, Electronic Submission of Payment Requests (Nov 2018). The EFT rule (31 CFR Part 208) requires that most federal payments be made electronically. Waivers are available to agencies and to individual recipients, however, no waivers are available to vendors. As a result, any vendor of the Federal government is required to receive payment by direct deposit (electronic funds transfer (EFT)).

4) BUSINESS ASSOCIATES AGREEMENT (BAA)

This document is required to fulfill certain requirements of the Health Insurance Portability and Accountability Act (HIPAA). The VA requires the offeror to have a BAA in place and submitted with the offeror's quotation. If a prospective offeror does not have a BAA with the VA, the BAA draft at the end of this Work Statement is an example of what needs to be in place prior to the POP start date, signed by the offeror. Offeror must be able to fully execute a valid BAA prior to commencement of the contract.

5) WORK STATEMENT

A. INTRODUCTION

The Charleston Consolidated Mail Outpatient Pharmacy (CMOP) is located at 4136 Carolina Commerce Pkwy, North Charleston, South Carolina 29456. Charleston CMOP dispenses approximately 115,000 prescriptions daily for direct to patient delivery. Charleston CMOP operates two shifts, Monday through Friday from 6:00AM until Midnight. Charleston CMOP generates over 25 tons of bulk trash weekly, which consists of eight (8) tons of recyclable cardboard, four (4) tons of food and general, solid waste, and thirteen (13) tons of production related solid waste co-mingled with the sensitive information. The sensitive information comprises approximately 15% or an estimated two (2) tons. The sensitive information includes, but not limited to the following:

• VA patient Personally Identifiable Information (PII)

• HIPAA information

• VA Sensitive Information

The material includes but not limited to the following media types:

• Printed paper

• Labels

• Plastic bottles with adhesive labels

• Mylar shipping bags and padded mailers with labels

• Printing Ribbon

• Coolers with labels

• Cardboard boxes with labels

Charleston CMOP requires shredding, burning, or other acceptable method of sufficient destruction to dispose of this protected information in accordance with National Association for Information Destruction (NAID) and National Archives and Records Administration (NARA) regulations, whichever is more restrictive. The service shall not interfere with production work and should minimize the impact on productivity of the individual workstations. The service may be conducted on or off-site. Appropriate documentation of proper disposal is required (see

Administration). Contractor shall be able to process the mixed stream, solid waste from the CMOP without significant separation or onsite storage of trash.

B. SYSTEM FUNCTION AND PERFORMANCE

(1) CMOP produces an estimated thirteen (13) tons of mixed stream, solid waste weekly from the processing of orders for Veteran patients. Charleston CMOP must properly destroy and dispose of the various media in the trash stream. CMOP must also properly destroy paper records including VA Sensitive Information from offices and official records. An estimated 15% (two tons) of the waste stream is VA Sensitive or Patient Sensitive Information. This portion of the mixed trash stream includes office paper, adhesive labels on plastic bottles, mylar and padded mailer bags. The non-sensitive solid waste stream contains shrink wrap, plastic bottles and caps, paper and pamphlets, vinyl and nitrile gloves, and other general trash. All waste streams will be collected at over 150 workstations with a minimal impact on production staff cycle times and minimal separation requirements. There is insufficient space at the production workstations to have multiple bin types and a complex trash segregation schema.

Housekeeping Staff pull the bags when full and remove from the work area at least once per shift. The segregation schema and collection requirements should not significantly increase the amount of cycles that Housekeeping Staff perform to prevent the need for modification to that contract vehicle and increased cost to the Government.

(2) Currently, CMOP separates Patient Sensitive Information and general trash at each workstation into two (2) open top, Slim Jim type trash cans. Charleston CMOP has contract Housekeeping Staff that consolidate the Patient Sensitive and general trash material into a 34 yd compacting dumpster for transport to the designated destruction facility via a separate waste management contract. The ribbon material is consolidated into a common area receptacle in each of the Production Sub-Areas. Housekeeping Staff consolidate these containers into a lockable, 4 yd Closed Top dumpster for transport to the designated destruction facility. Once received at the designated destruction facility, all media with privacy information must be destroyed in accordance with federal, state, VA directives and regulations and appropriate documentation of destruction provided to the VA CMOP Charleston.

(3) CMOP currently has a waste management contract for two (2) 10-yd closed top dumpsters for food waste and general landfill disposal, Cardboard recycling pick-ups, and a 34-yd compacting dumpster for all processing related trash (including the Sensitive Material) for transport to a regional, certified destruction facility. If these services will need to be altered or deleted, contractor must note this in the proposal.

(4) CMOP requires Sensitive Material destruction services to process the stated volume of trash without impact to production rates or increase in trash storage requirements.

(a) CMOP operators are required to process 100+ orders/hr to maintain proper rates and meet the demand of Veteran patient workload. As such, they cannot leave their workstation to approach a common area bin whenever they encounter a situation that requires a discard of sensitive information. In some high-volume areas, a common area bin is the only solution based on size and volume, but this is limited to a few dozen areas.

To ensure that workstations are ergonomic and highly efficient, the number and size of trash receptacles at each workstation must be minimal. Operators cannot be expected to keep high processing rates if there is a complex segregation schema with multiple bins. The concentration needed to track proper trash segregation will negatively impact production rates. Additionally, the receptacles cannot have a thin slit for paper because the bags, bottles and materials must be easily placed into the receptacle.

(b) CMOP has a severely limited footprint and additional storage of containers on-site is not likely. Housekeeping Staff consolidate the bags from the individual containers into rolling carts and immediately place the processing trash and sensitive material into the compacting dumpster. There is no standing storage of trash or containers inside the building. The seven

(7) containers that are used for ribbon disposal are immediately taken outside to the locked dumpster when they become full. The only reason for the ribbon segregation is for evaluation of the impact of the ribbon on the current shredding equipment at the destruction facility. This will likely not be continued beyond the end of FY24.

Workstations are extremely constrained by space and adding additional trash containers to each station will inhibit ease of movement and add to the congestion potentially creating safety hazards.

(c) CMOP alters schedules around Federal Holidays which requires 4-6 schedule adjustments during the year. During holiday and overtime periods, an additional service may be required to handle unexpected volumes of trash (<10% of the total number of service visits).

(d) Destruction may be conducted on-site or off-site, but the security of the material must be maintained in either case. CMOP reserves the right to conduct spot inspections during destruction operations to ensure the proper disposal of Sensitive Material.

(i) On-Site: Fire lanes and parking areas adjacent to the facility must remain clear. Any staff that will need to access the building will need to either be properly vetted and issued a PIV card. If staff consistency is not tenable, then they will need to have a VA escort at all times. This will require advance notice and coordination of pick-ups so that escorts are available. If timely coordination is not provided, access will be denied and the pick-up rescheduled at VA convenience.

(ii) Off-Site: Chain of custody and security of the material must be maintained. Any loss of control of sensitive information requires immediate notification of CMOP Contracting Officer’s Representative (COR). Charleston CMOP has an existing contract which provides transport of the 34yd compacting dumpster to locations within the local area (<25 miles). If the vendor will provide material transport to off-site locations, then contractor must note this in the proposal. If existing transport is required to travel

>25miles, additional cost will be passed to the vendor.

(iii) Destruction Requirements: Material must be destroyed in a manner that meets all

Federal, State and VA Requirements for HIPAA material, VA Sensitive Information, or NARA requirements for Government Records destruction, whichever is more restrictive. VA Directive 6371 and NIST Special Publication 800-88 provide guidance.

Proof of destruction must be provided to CMOP COR.

C. ADMINISTRATION

(1) Invoices must be submitted no less than monthly. Invoices must include all information to properly certify the invoice, including but not limited to: date(s) of service, unit of measure, unit cost, total cost, date, invoice number. Invoices must be submitted following destruction, and contractor shall deliver copies of destruction. Service will not be considered completed until certificate of destruction is received either electronically or hard copy. Verification must indicate the method of destruction.

(2) Contractor shall maintain licenses and/or permits required by Federal, State, County and City laws, rules, and regulations governing removal of waste materials and recycling.

(3) Background checks for personnel requiring PIV badges will be at the contractor’s expense, including any replacement of lost/damaged badges.

(4) Vendor must have a Business Associates Agreement with the VA and provide documentation at time of quote.

(5) Vendor must provide a Point of Contact for the administration of this contract to the CMOP COR. This person will be the primary for making adjustments to the schedule, invoices, and all administrative and operational matters. The POC must work with the Contracting Officer for any matters that could impact cost or contractual changes to the services.

Sample Business Associate Agreement

PHI has been compromised based on a risk assessment using at least the listed factors in the Breach Notification Rule.

“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 of Covered Entity.

“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 or Business Associate, 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 data owned by 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, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule and that such de-identified information is used solely for purposes of providing or improving Business Associate’s services for Covered Entity or for another lawful purpose approved in advance and in writing by Covered Entity. Business Associate shall not sell or market de-identified data sets created from Covered Entity’s PHI.

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 no later than twenty-four (24) hours after Business

Associate’s discovery (as described in (1) below) of any incident, such as a potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement “that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of VA information or a VA information system” accessible by VA users “or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies,” per the Federal Information Security Management Act, 44 USC 3501- 3518.

(1) For purposes of this notification, an incident as described above will be treated as discovered by Business Associate when such event is known to any employee, officer, or other agent (other than the individual who committed the incident) of Business Associate or, by exercising reasonable diligence, would have been known to an employee, officer, or other agent of Business Associate.

(2) Notification shall be sent to the <Insert local VHA Privacy Officer’s name(s) and email address(es)> and to the VHA Health Information Access Office, Business Associate Program Manager by email at VHABAAIssues@va.gov.

(3) Absent Covered Entity’s request or approval, Business Associate shall not directly notify individuals or the Department of Health and Human Services of incidents involving PHI created or received by Business Associate as an agent of Covered Entity.

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 to the Covered Entity.

(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 Security 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:

mailto:VHABAAIssues@va.gov

<Insert local VHA Privacy Officer’s name(s) and facility address> and submitted by email to <Insert local VHA Privacy Officer’s email address(es)> and to the VHA Health Information Access Office, Business Associate Program Manager 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. To the extent feasible, use only agents and Subcontractors that are physically located within a jurisdiction subject to the laws of the United States or its Territories.

H. Enter into Business Associate Agreements with contractors and Subcontractors as appropriate under the HIPAA Rules and this Agreement. In doing so, 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) Unless approved by Covered Entity in advance and in writing, may not amend any terms of such Agreement, in any way to make them inconsistent with the obligations of Business Associate or any contractors or Subcontractors in connection with or in consideration of the HIPAA Rules or this Agreement.

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 shall not take any action in response to an individual’s request for access, amendment, or accounting and shall direct the individual to contact the VHA Privacy Office at 1-877-461-5038.

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 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 HIPAA Rules or this Agreement and use or disclose the information under this Agreement only for the purpose of making the return or destruction feasible, as required by law, or as 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 agree to enter into good faith negotiations to amend this Agreement, as necessary, for Covered Entity and Business Associate 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 of this Agreement by

Business Associate, Covered Entity:

(1) Will provide Business Associate written notice of the material breach and an opportunity for Business Associate to cure the breach or end the violation within the reasonable time specified by Covered Entity and;

(2) May terminate this Agreement if Business Associate does not cure the breach or end the violation within the reasonable 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 Section 3 above shall survive the termination of this Agreement as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate Agreement is in place.

7. No Third-Party Beneficiaries. Nothing expressed or implied in this Agreement confers any rights, remedies, obligations, or liabilities whatsoever upon any person or entity other than Covered Entity and Business Associate, including their respective successors or assigns.

8. Other Applicable Law. This Agreement does not abrogate any responsibilities of the parties under any other applicable law.

9. Review Date. The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability and accuracy of the Agreement based on the circumstances that exist at the time of review.

10. Effective Date. This Agreement shall be effective on the last signature date below.

Department of Veterans Affairs COMPANY/ORGANIZATION Veterans Health Administration

<Insert Facility Name>

By: By:

Name: Name:

Title: Title:

Date: Date:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

360.00 DY

SENSITIVE TRASH DISPOSAL AND DESTRUCTION FOR THE

CHARLESTON CMOP

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

360.00 DY

TRANSPORTATION FUEL SURCHARGE (4.5% PER TON COST)

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Charlestion CMOP 766 4136 Carolina Commerce Pkwy North Charleston, SC 29456

USA

360.00

MARK FOR: Richard Wheat 843-737-2897 richard.wheat@va.gov

0002 SHIP TO: Department of Veterans Affairs Charlestion CMOP 766 4136 Carolina Commerce Pkwy North Charleston, SC 29456

USA

360.00

MARK FOR: Richard Wheat 843-737-2897 richard.wheat@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 (5) years.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission.