15DDHQ20R00000021 9-2-20.pdf

U. S. Department of Justice Drug Enforcement Administration www.dea.gov

Request for Proposal (RFP): 15DDHQ20R00000021 RFP Issue Date: September 02, 2020

Proposal Due Date: October 20, 2020

Dear Prospective Offeror:

You are invited to submit a Proposal for "Pharmacy Prescription Data." The applicable North American Industry Classification System (NAICS) is 541519—Other Computer Related Services. This solicitation is unrestricted. The Drug Enforcement Administration (DEA) anticipates issuing one firm fixed price contract for one base year and four consecutive option years to the Offeror that meets or exceeds the Government's requirements and provides the Best Value in accordance with the solicitation terms and conditions.

Instructions for the proper preparation of your Proposal are set forth in the RFP Section 7, Instructions to Offeror. Evaluation will be completed as set forth in Section 8 of the RFP.

To facilitate proper evaluation of your Proposal, do not deviate from the format structure outlined in Section 7 of the RFP. The Technical Proposal (Volume I) shall not exceed 30 pages. There is no page limit on the Business Proposal (Volume II). Carefully review all Sections of the RFP and provide information when required.

Your Proposal must be submitted to the issuing office no later than 5:00 PM, Eastern Time (ET), on or before October 20, 2020. Late Proposals will not be considered.

The place designated for receipt of your Proposal is by email at:

Nancy.A.Costello@usdoj.gov SUBJECT LINE; Proposal submitted in response to RFP No. 15DDHQ20R00000021

This solicitation does not commit the Government to pay any costs incurred in the submission of Proposals. It is also noted that the Contracting Officer is the only individual who may legally bind the Government.

All communications concerning the solicitation, including any of a technical nature, shall be made through Nancy Costello, Contract Support Specialist, at nancy.a.costello@usdoj.gov on or before 5:00 PM (ET) on September 29, 2020. All

Office of Acquisiton and Relocation Management 8107 Morrissette Drive Springfield, VA 22152

September 02, 2020 questions and answers will be provided to Offerors as an amendment to the solicitation posted to Contractor Opportunities (FBO). Collect calls will not be accepted.

Sincerely, Amanda J. VanderVeen Contracting Officer Office of Acquisition and Relocation Management Drug Enforcement Administration

Attachment: RFP No. 15DDHQ20R00000021

U.S. DEPARTMENT OF JUSTICE

DRUG ENFORCEMENT

ADMINISTRATION

Request for Proposal (RFP)

Pharmacy Prescription Data

15DDHQ20R00000021

15DDHQ20R00000021

TABLE OF CONTENTS

SECTION 1. SF-1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION 2. SCHEDULE OF SUPPLIES/SERVICES

SECTION 3. STATEMENT OF WORK

SECTION 4. DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

SECTION 5. DEA-2852.204-83 (October 2015) PUBLIC TRUST POSITIONS—DEA CONTRACTOR SECURITY

REQUIREMENTS FOR ACCESS TO SENSITIVE BUT UNCLASSIFIED (SBU) INFORMATION/U.S.

CITIZENSHIP REQUIRED

SECTION 6. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION 7. INSTRUCTIONS TO OFFEROR

SECTION 8. EVALUATION AND BASIS OF AWARD

15DDHQ20R00000021 Page 1 of 58

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

D-20-DC-0045

5. SOLICITATION NUMBER

15DDHQ20R00000021

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/02/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Nancy Costello nancy.a.costello@usdoj.gov

b. TELEPHONE NUMBER (No collect calls)

202-353-1493

8. OFFER DUE DATE / LOCAL

TIME

10/20/2020 17:00 ET

CODE 15DDHQ

DEA

Attn: Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152

9. ISSUED BY X 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: $30 million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

15DDHQCODE15. DELIVER TO

DEA Headquarters 8701 Morrissette Drive Springfield, VA 22152

Ryan Dorsey (DOIT)

CODE 15DDHQ16. ADMINISTERED BY

DEA

Attn: Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

D-HQCODE18a. PAYMENT WILL BE MADE BY

DEA

Attn: Diversion Control Division(DC) Invoice.Diversion@usdoj.gov Springfield, VA 22152

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This is a Request for Proposal (RFP) for Pharmacy Prescription Data software licenses and maintenance as specified in the attached Schedule and Statement of Work.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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 ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 THE CONTRACTING OFFICER (TYPE OR PRINT)

VanderVeen, Amanda J.

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

541519

15DDHQ20R00000021 Page 2 of 58

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15DDHQ20R00000021 Page 3 of 58

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 CLIN 0001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2020 - 11/30/2021

Base Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 CLIN 0002 Unlimited access to subnational data, state, county, zip, metropolitan, statistical area, core based statistical area. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2020 - 11/30/2021

Base Period

1,100 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 CLIN 0003 Maintenance - Fixed price per year.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2020 - 11/30/2021

Base Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 CLIN 1001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2021 - 11/30/2022

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 CLIN 1002 Unlimited access to subnational data, state, county, zip, metropolitan, statistical area, core based statistical area. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2021 - 11/30/2022

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

15DDHQ20R00000021 Page 4 of 58

AMOUNT

1003 CLIN 1003 Maintenance - Fixed price per year.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2021 - 11/30/2022

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 CLIN 2001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2022 - 11/30/2023

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 CLIN 2002 Unlimited access to subnational data, state, county, zip, metropolitan, statistical area, core based statistical area. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2022 - 11/30/2023

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 CLIN 2003 Maintenance - Fixed price per year.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2022 - 11/30/2023

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 CLIN 3001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2023 - 11/30/2024

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 CLIN 3002 Unlimited access to subnational data, state, county, zip, metropolitan, statistical area, core based statistical area. Fixed price per license per month.

Firm Fixed Price

PSC: R702

1,100 MO $________ $_________________

15DDHQ20R00000021 Page 5 of 58

Line Period of Performance: 12/01/2023 - 11/30/2024

Option Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 CLIN 3003 Maintenance - Fixed price per year.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2023 - 11/30/2024

Option Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 CLIN 4001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2024 - 11/30/2025

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 CLIN 4002 Unlimited access to subnational data, state, county, zip, metropolitan, statistical area, core based statistical area. Fixed price per license per month.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2024 - 11/30/2025

Option Period

1,100 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 CLIN 4003 Maintenance - Fixed price per year.

Firm Fixed Price

PSC: R702

Line Period of Performance: 12/01/2024 - 11/30/2025

Option Period

1 YR $________ $_________________

Grand Total (Base and all option years) $______________________

SECTION 3

Statement of Work

Pharmaceutical Prescription Data

C-1 Background/Objective

The mission of the DEA's Office of Diversion Control is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. Many of the narcotics, depressants, and stimulants manufactured for legitimate medical use are subject to abuse and have, therefore, been brought under legal control. Under federal law, all businesses that import, export, manufacture, or distribute controlled substances; all health professionals licensed to dispense, administer, or prescribe them; and all pharmacies authorized to fill prescriptions must register with the DEA. Registrants must comply with regulatory requirements relating to drug security and recordkeeping. The DEA is also obligated under international treaties to monitor the movement of illicit controlled substances across U.S.

borders and to issue import and export permits for that movement.

Diversion investigations involve, but are not limited to, practitioners and mid-level practitioners who write prescriptions for no legitimate medical need and/or outside the scope of legitimate medical practice, or sell prescriptions to drug dealers or abusers; pharmacists who falsify records and subsequently sell or abuse the drugs; pharmacists who fill prescriptions that they knew or should have known were illegitimate; employees who steal from inventory and falsify records to cover illicit sales; prescription forgers; and individuals who commit armed robbery of pharmacies and drug distributors.

The DEA has a requirement within the Office of Diversion Control for comprehensive, detailed, accessible, and timely prescription, pharmacy, and prescriber information to support the DEA’s mission.

Task 1: Provide and maintain data on a minimum of 85 percent of all prescriptions for Schedule/Class II through V prescription drugs (additional non-controlled items may be requested for possible scheduling actions) written and/or filled in the United States and trust territories:

a) Prescription data shall include, but is not limited to:

• The number of prescriptions filled,

• The number of new prescriptions filled,

• The number of refills filled, by date filled,

• The name of the controlled substance

• The days’ supply for the patient (e.g. 5 days, 15 days, et.),

• The prescribers name and DEA registration number, and specialty

• An encrypted patient identifier to whom the prescription was written

• Date prescription was dispensed

• Payment Type: cash, government payer, commercial payer

• Dosing information: quantity and days’ supply

b) Drug data (controlled substances) shall include the drug class, molecule/ingredient and trade/generic/product name of the drug, strength, NDC code, and dosage form.

c) Other minimal data requirements to be provided are, but not limited to the following:

• Activity for Schedule II-V prescription drugs

• Non-specific patient demographics (gender; age group; city, state, and zip code of residence)

• Initial pharmacy demographics (display zip code information with pharmacy identification in initial query)

• Type of distribution (retail, mail order, outpatient service)

• Drug name, schedule code, form, strength, NDC-11 code, manufacturer

• Prescriber’s identity, NPI, DEANumber, primary address, specialty, sanction history, and other pertinent demographics associated with the prescriber

• Correlation of prescribers and/or pharmacies to DEA divisional offices

• Breakout of NDC-11 code to provide information such as product, form, strength, bottle size, therapeutic class, category and manufacturer

d) The system must include the following data search tools capabilities as it relates to:

Patients

• Number of instances of more than one Schedule II prescription for the same drug, and written within three days of each other by different prescribers

• Number of instances of more than one Schedule II prescriptions for the same drug and written within three days of each other by the same prescriber

• Number of instances of more than two patients, with the same address, receive the same drug in the same quantity from the same doctor on the same day.

• Number of early refills Opiate and Benzo combine

• Number of early Schedule II

• Distance between patient and pharmacy

• Average distance between patient and pharmacy for a combination of

Opiate, Benzo and a muscle relaxer.

• Distance between patient and pharmacy for Schedule II

• Distance between patient and prescriber

• Distance between patient and prescriber for Schedule II

• Number of Opiate and Buprenorphine combinations

• Number of Paid “cash” Schedule II

• Number of Oxycodone 30 MG and 15 MG within five days overlap

• Number of times Opioid Cough Syrup exceeds 90 day supply

• Number of Oxycodone 30 MG and Hydromorphone 8 MG within five days overlap

• Average MME Per Day

• Average Total MME per pharmacy visit

• Number of Opiate and Benzo combine within 3 days

• Number of Opiate and Benzo prescriptions for the same person on the same filled day at different pharmacies.

• Number of Opiate and Benzo prescriptions filled for the same person on the same day from different prescribers

• Number of Opiate and Benzo prescriptions written on the same day to the same person by different prescribers

• Number of Opiate and Benzo filled on the same person on the same day

• Number of Opiate and Benzo filled for the same person on the same day at the same pharmacy Prescriber

• Number of out of state patients

• Percentage of out of state patients

• Percentage of patients receiving an Opioid and Buprenorphine together

• Patient distance traveled to prescriber

• Patient distance traveled to prescriber for a combination of Opiate, Benzodiazapine, and a muscle relaxer

• Average patient distance traveled to prescriber for Schedule II

• Percentage of patients being prescribed an average daily Morphine

Milligram Equivalency (MME) dosage greater than 120

• Average patient MME per day

• Number of paid “Private Pay” Schedule II

• Number of prescriptions that are Schedule II

• Number of Schedule II patients

• Percentage of prescriptions that are Schedule II

Pharmacy

• Number of early refills

• Number of Opiate and Benzo within an overlapping window

• Number of Oxycodone and Buprenorphine within an overlapping window

• Number of combination of Opiate, Benzo and a muscle relaxer within an overlapping window

• Percentage of customers being dispensed an average daily MME dosage greater than 120

• Percentage of early refills

• Percentage of scripts that are Opiate and Benzo within an overlapping window

• Percentage of scripts that are Oxy Buprenorphine within an overlapping window

• Percentage of scripts that are combination of Opiate, Benzo and a muscle relaxer within an overlapping window

• Total number of scripts

e) Prescription level data (historical/current/forecasted/trends) at national, divisional, state, and local level. This includes the following ranking order of:

• Top prescribers, both nationwide and statewide, for Scheduled II and

Schedule III-N substances to include Fentanyl, Oxycodone, Hydrocodone, Tramadol, and Buprenorphine.

• Top pharmacies, both nationwide and statewide, filling Scheduled II and Schedule III-N substances to include, Fentanyl, Oxycodone, Hydrocodone, Tramadol, and Buprenorphine.

f) Fully HIPAA-compliant.

Current pharmacy and prescription data updated on a daily basis.

Task 2: Streamline process for requesting the unmasking of pharmacy information. (PII shall be withheld or redacted unless specifically requested by subpoena.)

Task 3: Streamline subpoena process. Must be able to receive and process official subpoenas and provide response in three (3) business days.

Task 4: Search, query, reporting, exporting, and importing capabilities.

a) Flexible and robust reporting capabilities that include standard reports, customized reports, ad-hoc reporting capability, and ability to modify all reports by the customer. Also provide the ability to export and print reports in formats such as Excel.

b) Robust query functionality that includes the ability to individually define time periods, markets, various data elements, and specific practices or pharmacies.

Also provide the ability to export and print queries in formats such as Excel.

Task 5: Maintenance.

a) Technical support for approximately 1,100 domestic users.

b) Access shall be provided for up to 1,100 DEA employees to have capability of accessing the online system simultaneously

c) The contractor must possess the ability to provide the technical support and training for utilization of the data provided to DEA.

d) If data is made available via online Internet access, the contractor will provide training to DEA on query capabilities and use of the online system. . As such, training capabilities need to be available on a quarterly basis to address the needs of newly licensed users.

e) The Contracting Officer’s Representative (COR) will initiate a request for technical assistance and support by contacting the Contractor by telephone and providing a description of the problem. The contractor shall respond to the problem over the telephone or coordinate a date and time with the COR for an on-site visit to resolve the issue.

f) The Contractor shall schedule all required on-site visits within 72 hours of the initial telephone call placed by the COR.

g) The contractor will provide training manuals and quick-start guides, in-person and online training.

h) The Contractor shall provide technical assistance and support to DEA, as needed, on the installation and operation of quarterly updates to the subscription service.

i) The contractor shall support the integration of future requirements based on evolving diversion trends and schemes with a streamline responsive change request process.

j) The contractor shall provide various levels of user access such as Administrator, Read Only, Read and Write, and Reports which is defined by DEA.

k) The contractor shall, maintain a high level of system availability and reliability with a minimal downtime, advance notification of downtime, and quick response to outages/problems. For instance, it is requested that a DEA be given at least 48 hours’ notice, when possible, before any system downtime.

l) The contractor shall, maintain and upgrade the solution. All upgrades shall be tested prior to deployment and advance notification provided to DEA of such upgrades to the system.

m) The solution shall have GIS mapping capability with regularly updated mapping information (updated at least semi-annually).

n) Ability for the DEA to publish and share information gleaned from the solution with other agencies, as appropriate.

Task 6: Must make requested data downloadable into other databases such as Power BI for off line use and analytics

Task 7: Must already possess approvals from data suppliers to sale requested pharmaceutical data to Drug Enforcement Administration.

C-2 Requirements

The Contractor shall:

• Furnish the necessary personnel, materials, services, facilities, and other items necessary for or incidental to the provision of the work described in this document. The Contractor must the entity that collects data and establishes databases.

• Provide and maintain data on a minimum of 85 percent of all prescriptions for

Schedule/Class II through V prescription drugs (additional non-controlled items may be requested for possible scheduling actions) written and/or filled in the United States and trust territories

• Provide data access to DEA in a database format which allows DEA to search and query the database and produce output reports (and have the capability of exporting data to a spreadsheet application software such as MS-Excel or Power BI for data manipulation and production of charts/graphs).

• Current pharmacy and prescription data updated on a daily basis.

• Streamline process for requesting the unmasking of pharmacy information.

• Streamline subpoena process. Must be able to receive and process official subpoenas and provide response in three (3) business days.

• Must already possess approvals from data suppliers to sale requested pharmaceutical data to Drug Enforcement Administration.

• Contractor will make data available via online access with query capabilities. Data shall be available to DEA 24 hours a day 7 days a week.

C-3 Use of Data

The Contractor shall grant DEA the authorization to share reports containing trend information or aggregate data with outside agencies and/or organizations without prior review by the Contractor. Such information will primarily be shared with the U.S. Department of Health and Human Services (HHS), the U.S. Department of Justice, and some State and Local agencies.

These data and trends may have been developed through an analysis of the Contractor's pharmaceutical data provided under this contract.

The Contractor shall also allow DEA to provide a third party DEA contractor with any data received. DEA will stipulate that the information will be used only by the third party contractor in the performance of its duties and will not be given to outside sources (those without a contractual agreement with DEA).

C-4 Ad Hoc Reports

The Contractor shall, as required, provide special ad hoc reports for various types of audit data contained in its database. The ad hoc reports will be coordinated between the COR and Contractor prior to a request being issued from the Contracting Officer in order to insure that the data is available and can be presented to the Government in a concise, useable format. Upon receipt of the request form, the contractor shall promptly provide DEA with a price quotation for providing the requested ad-hoc report(s). Following agreement by the parties on all aspects of the request, DEA will issue an appropriate Delivery/Task Order.

C-5 Period of Performance

The estimated period of performance for furnishing supplies or services is from date of award through 1 year [to be determined (TBD)], with four twelve-month option periods, subject to need and availability of funds. In the event the options are exercised, the period of performance shall be:

Option I: 1 year TBD Option II: 1 year TBD Option III: 1 year TBD Option IV: 1 year TBD

Throughout the life of the contract at specified intervals, vendors shall submit information identifying those employees supporting DEA efforts in accordance with DEA Provision titled: Contractor Personnel Reporting Requirements (CPRR). The CPRR will be provided to the vendor upon award of the contract.

C-6 Contracting Officer’s Representative

TBD.

C-7 Invoice Requirements

A. The contractor shall submit an invoice(s) monthly to:

The original invoice shall be submitted to the Contracting Officer’s Representative (COR) at the following address:

DEA Headquarters 8701 Morrissette Drive Springfield, VA 22152 Attn: COR TBD, and Invoice.Diversion@usdoj.gov

An additional copy of the invoice, clearly marked as an information copy, shall be submitted to the

Contracting Officer, to increase efficiency in the inspection and acceptance of delivered goods and services and the receipt of corresponding payment.

In addition to the items required in FAR clause 52.232-25, PROMPT PAYMENT, at (a)(3)(i) through (viii), a proper invoice must also include the following minimum additional information and/or attached documentation.

• Separate, distinct invoice number

• Delivery or Task Order Number

• Total/cumulative charges for the billing period

• Dates upon which items were delivered

• A Taxpayer Identification Number (TIN) on all invoices for goods and services regardless of the dollar amount

• A statement signed by a responsible official of the concern substantially similar if not identical to the following:

“I certify that the items above have been delivered in accordance with the contract, and that all charges are true, correct, and have not been previously billed.”

C-8 Security Considerations

The personnel security access level for this contract is Sensitive But Unclassified (SBU). Only U.S. citizens shall be permitted to perform services on this contract. Under no circumstances shall contractors have access to National Security Information (NSI) or NSI systems. The risk level associated with this contract is “Moderate” and the personnel working on this contract effort must undergo the appropriate background investigation or be issued a waiver by the Office of Security Programs, Personnel Security Section (ISR) prior to commencing work on this contract. ISR will conduct suitability reviews on all contractor personnel requiring access to DEA facilities, information technology systems, or SBU materials. ISR will make a final suitability determination on each contractor meeting the specified requirements.

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

Updated through FAC 2020-05

March 2020 Page 1 of 20

SOLICITATION #: 15DDHQ20R00000021

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/far-smart-matrix.

(End of provision)

CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2018) WITH ALTERNATE I OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

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(c) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 12.602]

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2020)

Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

***Paragraph (i) contracting officer fill-in information***

Note: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows:

[when applicable, enter item numbers with country of origin in parentheses and separated by commas]

***Paragraph (k) contracting officer fill-in information***

Contracting officer — select applicable item when an exemption to the Service Contract Labor Standards statute applies.

Paragraph k(1) is applicable. Paragraph k(2) is applicable.

https://www.acquisition.gov/content/52209-7-information-regarding-responsibility-matters https://www.acquisition.gov/content/52209-12-certification-regarding-tax-matters https://www.acquisition.gov/content/52211-6-brand-name-or-equal https://www.acquisition.gov/content/52212-1-instructions-offerors-commercial-items https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112620 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items https://www.acquisition.gov/content/part-4-administrative-matters#i1121876

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Offerors – Paragraph (v) was added to provision 52.212-3 by FAC 2020-03. If the DEC 2019 or later version of provision 52.212-3 is not included in your annual representations and certifications, you must either update your annual representations and certifications or complete paragraph (v) below.

(v) Covered Telecommunications Equipment or Services—Representation. Section 889(a)(1)(A) of Public Law 115–232.

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ‘‘covered telecommunications equipment or services’’.

(2) The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)

DEA-2852.209-75 NATIONAL SECURITY RISK ASSESSMENT (JUN 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

(e) Failure to provide any such requested information may render a proposal unacceptable.

CONTINUED ON NEXT PAGE

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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 address: https://www.acquisition.gov/far-smart-matrix.

(End of clause)

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES, IN ALL SOLICITATIONS AND CONTRACTS (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) WITH ALTERNATE I (JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Sec.889(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (Executive Order 13658).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer: Check the corresponding box for each clause that applies to this order.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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