36C24118Q0351-001.docx

36C24118Q0351

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24118Q0351 05-29-2018 David Heslin 603-624-4366 x 5863 06-12-2018

4:30PM EST

Department of Veterans Affairs Network Contracting Office 1 (NE) VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester NH 03104-7007 X X 524114 $38.5 Million X N/A X Department of Veterans Affairs

VISN 1

Specific Locations as in SOW

Department of Veterans Affairs Network Contracting Office 1 (NE) VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester NH 03104-7007

All Invoices from the Contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp See CONTINUATION Page This is a Request for Quotation (RFQ) for Indefinite Delivery Indefinite Quantity (IDIQ) contract for First Fill (Emergency) Pharmacy Prescription Fulfillment Services in support of Veterans Integrated Service Network Region 1 (VISN 1).

Period of Performance: Five Years from Date of Award.

Pricing is to be identified in Schedule B4 See CONTINUATION Page X X X Table of Contents

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:

b. GOVERNMENT: Contracting Officer 36C241 David Heslin Adminstering CS

Department of Veterans Affairs Network Contracting Office 1 (NE) VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester NH 03104-7007

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

All Invoices from the Contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 Statement of Work

Background:

The Veterans Integrated Service Network Region (VISN) 1 Medical Centers, Community Based Out-Patient Clinics (CBOCs) and Mobile Coach Locations have a requirement for First Fill (Emergency) prescription fulfillment services. The intent is for an Indefinite Delivery/Indefinite Quantity Contract with a performance period of five years from date of award.

Historical Quantities:

The VISN 1 Stations, in one historical contract year, had the following numbers of prescriptions filled on an urgent/emergent basis.

Scope of Service:

1. The contractor shall provide pharmaceutical products and services to VA beneficiaries seen at Medical Center Emergency Rooms, Urgent Care, CBOCs and Mobile Coaches during periods when an Outpatient Pharmacy is unavailable. The locations are as specified below.

a. These services shall include the dispensing of pharmaceuticals listed on the VA National Drug Formulary (www.pbm.va.gov/) when clinic professional staff determine that the need for pharmaceutical(s) is emergent and it is in the best interest of patient care.

· Patients must be examined at the VA Medical Center/CBOC/Mobile Coach before a prescription can be written.

· Patients presenting at the contractor pharmacy must provide a written prescription issued by the VA provider (No faxed or electronically transmitted prescriptions). Only new prescriptions shall be filled. A new prescription is defined as a written, physically hand carried prescription for a drug product and strength that has not been previously dispensed to the beneficiary in the past twelve (12) months.

· A repeat order for the same drug product within twelve (12) months, even if transmitted as a new prescription order, is not considered a new prescription. Exceptions may be made for second courses of antibiotic therapy. In rare instances where refills of drugs listed on the VA National Drug Formulary may be necessary, there must be an authorization referenced on the invoice.

· Patients must pick up the prescriptions at the contracted pharmacy.

· Contractor shall not mail or deliver filled prescriptions to the patient.

b. Only prescriptions from VA authorized practitioners may be filled under the contract.

· Prescriptions shall be written on VA prescription form 10-2577F, and hand carried by the beneficiary, from a VISN 1 provider’s office.

· The contractor must review all prescriptions to ensure that the prescriber is a VA authorized practitioner.

· Prescriptions from non-VA authorized practitioners may not be filled under the contract and will not be reimbursed.

· Herbal products or non-formulary over-the-counter products will not be reimbursed.

· The Contracting Officer’s Representative (COR) for each of the VISN 1 Station locations, as numbered below, will provide a list of providers authorized to prescribe for supported locations.

c. Prescriptions will be filled for only drugs listed in the VA National drug formulary.

The contractor must review all prescriptions to ensure that the product is listed on the formulary.

The VA reserves the right to add or delete drugs from the formulary.

The VA shall not be responsible for payment for drugs not on the VA National formulary even if ordered by a VA authorized practitioner. If a VA authorized practitioner prescribes a drug not on the formulary, the contractor pharmacist shall inform the patient that the prescription is not covered and that the patient will be responsible for the cost, payable at that time.

d. Requests to review retroactive requests for exceptions will only be accepted if the emergent prescription need was presented at the contract pharmacy during the hours that the VA Medical Center Outpatient Pharmacy was closed.

2. Prescription fills for authorized drugs shall be limited to a maximum of a 7-day supply. Exceptions: 1) Antibiotics may be filled with up to a 10 day supply. 2) Any instance where the minimum dispensing unit (vial, inhaler) as prescribed, exceeds the limit. 3) VA formulary Class II prescriptions are limited to a 3 day supply.

3. Prescriptions should be filled within two (2) hours but shall not incur a more than a twenty-four (24) hour delay when necessary to obtain the drug. The prescription must be picked up by the patient and may not be mailed or delivered.

4. Prescriptions filled under this contract must be filled using the least expensive AB rated generic equivalent drug product the pharmacy has in stock.

a. The Contractor shall, to the greatest extent practicable, use generic medications. Brand name drugs shall be issued only if generic versions are not available. Generic drugs shall be FDA AB rated, have identical active ingredients, dosage, safety, strength, usage directions, quality, performance and intended use as brand-name versions. Generic drugs shall be dispensed, if in the professional judgment of the pharmacist, the product is safe, effective, of equal strength, quantity, quality and dosage as the brand name drug. Generic drugs shall meet all federal and state regulatory specification as brand name drugs. The generic name shall be displayed on all medication labels.

Any standing exceptions to the generic substitution requirement will be provided as applicable per covered location.

5. The filling of prescriptions will be inclusive of patient medication profile review and proper filling and labeling in accordance with standard pharmacy practices and state law/regulation/requirements.

6. Procedures will include appropriate patient education and counseling to the veteran or caregiver for each prescription filled. Counseling offered will be consistent with the Omnibus Budget Reconciliation Act (OBRA) 1990 requirement to ensure appropriate use and optimal outcomes from drug therapy. Counseling at a minimum shall include the following information:

(a) Name, description and use of the medication

(b) Dose, dosage form and route

(c) Special directions and precautions

(d) Common side effects and action required if they occur

(e) Techniques for self-monitoring drug therapy

(f) Action to be taken if a dose is missed

(g) Proper storage

(h) What the patient can expect from the medication

(i) Food-drug interactions

The VA does not consider the signing of a prescription log appropriate counseling. The counseling shall include patient appropriate written information. An appropriate counseling area for patient privacy and counseling shall be provided. A pharmacist shall be available to answer any drug-related questions that a patient may have after the prescription is filled. Patient refusal, demonstration of patient understanding or any other pertinent issue such as “provided to the caregiver” shall be documented.

7. Medication errors, adverse drug reactions or allergy reactions related to medications dispensed under this contract must be reported immediately to the VA provider who wrote the prescription. This communication must be documented in the Pharmacy’s patient prescription record and must include the name of the person contacted and the time and date the communication took place.

8. The contractor must have a pharmacy within a 10 mile radius of each VA covered location. Exceptions to the distance requirement may in specific circumstances be considered by the VA.

The pharmacy hours should cover at a minimum:

9:00 AM Through 9:00 PM (Monday through Friday)

10:00 AM Through 5:00 PM (Saturday, Sunday and Holidays observed by the federal and state governments)

The offeror shall provide a list of all pharmacies that meet these requirements for each of the covered locations. (See attachment in Section D for required format.)

9. Additional geographic locations for new CBOCs and/or Mobile Coaches may be added to the contract. Contract terms and conditions for the added locations will be identical to existing locations.

10. The Contractor shall provide a monthly report (within 10 days following the last day of the month services were rendered) electronically by Excel spreadsheet to the COR(s) designated for the covered locations providing information regarding the prescriptions dispensed. The report will contain a summary and an itemized report, each containing information as described below for the billing period:

(a) Summary report: Per VISN 1 Station: the total number of UNIQUE VA patients utilizing this emergency prescription benefit; the total number of prescriptions filled, total drug cost, total filling fee, total processing fee, total of all costs by Medical Center, CBOCs and Mobile Coaches and grand totaled representing the full amount due to the contractor for the month.

(b) Itemized report: Per VISN 1 Station: patient full name; Rx number; drug name, strength and dosage form; quantity dispensed; provider name; unit cost; total cost; associated dispensing fee; date Rx was filled; date Rx was picked up by the patient and if the patient received medication counseling. The report must also include any adverse drug events, drug allergies or medication errors related to the prescriptions filled.

(c) Optional Reports: Covered locations may request reports specific to their location which would include tracking by provider, patient and/or medication.

11. Offeror shall quote the most favorable discounts from the Medispan average wholesale price (AWP) for Generic and Brand Name drugs and the most favorable dispensing fee. The total price charged to the VA shall not exceed that charged to the general public and shall not exceed the price charged by the Contractor’s lowest third party reimbursement plan. Veterans shall not be charged a prescription or medication co-pay.

12. Payments made by the Department of Veterans Affairs (VA) shall constitute payment in full of services provided by the Contractor. Contractor in no event shall bill, charge, collect deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against the beneficiary, the beneficiary’s family, private insurer, Medicare or any other entity acting on the beneficiary’s behalf, for services provided pursuant to this contract.

13. Qualifications: The Contractor shall ensure all employees, agents, sub-contractors, or anyone acting for or on behalf of the Contractor, is properly licensed under applicable federal and state law.

14. Contract Monitoring Procedures:

The Chief of Pharmacy Service at each VISN 1 Station, unless another VA employee is designated, shall be the Contracting Officer’s Representative (COR) and is the VA official responsible for verifying contract compliance.

15. Special Conditions

The Contractor’s pharmacies shall agree to the following conditions:

a. On request by the applicable VISN 1 Station, or the patient, the Contractor’s pharmacy shall provide a hard copy of VA patient’s medication profiles to include all drugs dispensed and associated dosages, dispensing dates and quantities.

b. Pharmaceutical care provided to beneficiaries under the contract shall meet all standards applicable to Medicaid recipients in the state where the services are provided.

16. Confidentiality and Security

a. The contractor and its contract pharmacies shall ensure the confidentiality and security of all patient information. The contractor shall comply with the provisions of the Privacy Act of 1974.

b. In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPPA), the Contractor shall be required to enter into a Business Associate Agreement (BAA) with the Department of Veterans Affairs. (See attachment in Section D2.)

17. Quality

a. The Contractor shall implement and maintain a program for performance monitoring throughout the life of the contract. The program shall include a communication process for reporting, tracking and resolving performance issues. The quality process shall reflect standards that are usual and customary for commercial non-governmental entities. A written copy of the quality process shall be provided to the CO.

18. Invoices

a. Invoices shall be submitted in arrears following the last day of the month in which services are rendered. One invoice should be submitted per VISN 1 Station. The invoice shall include a separate line item for each of the covered locations within that VISN 1 Station.

VISN 1 Locations Covered:

1. Station 402 - VAMC Togus

VAMC TOGUS

1 VA Center Augusta, ME 04330-6796

CBOCs

Mobile Coach Location:

Bingham Clinic 241 Main St.

Bingham, ME 04920

2. Station 689 - VA Connecticut Healthcare System

CBOCs

New London, CT 06320

3. Station 650 - VAMC Providence VAMC Providence 830 Chalkstone Ave Providence, RI 02908-4734

CBOCs

New Bedford 175 Elm Street New Bedford, MA 02740

OTHER

The following two VAMC Providence related locations do not have CBOCs, however Pharmacy coverage is required.

(VA Choice providers are located on these islands and contact information for them will be provided by the COR subsequent to award.)

Martha’s Vineyard, MA Nantucket, MA

4. Station 631 - VA Central/Western Massachusetts

VAMC Northampton 421 Main Street Leeds, MA 01053-9764

CBOCs

Greenfield 143 Munson Street Greenfield, MA 01301

5. Station 523 - VA Boston Healthcare System

VAMC West Roxbury 1400 VFW Parkway West Roxbury, MA 02132-4927

CBOCs

Framingham 61 Lincoln Street, Suite 112 Framingham, MA 01702

6. Station 518 - VAMC Bedford VAMC Bedford 200 Springs Road Bedford, MA 01730-1114

CBOCs

Haverhill 108 Merrimack Street Haverhill, MA 01830

7. Station 608 - VAMC Manchester VAMC Manchester 718 Smyth Road Manchester, NH 03104-7007

CBOCs

Portsmouth, NH 03803

8. Station 405 -VAMC White River Junction

VAMC WRJ

215 North Main Street White River Junction, VT 05001-3833

CBOCs

Mobile Coach Location

Androscoggin Valley Hospital 59 Page Hill Road Berlin, NH 03570

B.4 PRICE/COST SCHEDULE

The guaranteed minimum award amount for this contract is $500.00. This minimum is applicable to the first year of the contract and is a onetime guarantee. The maximum aggregate value of orders for the five year period of performance under this contract is $6,900.000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

The total price charged to the VA shall not exceed that charged to the general public and shall not exceed the price charged by the Contractor’s lowest third party reimbursement plan. Veterans will not be charged prescription or medication co-pay.

Please quote the best percentage discounts from the Medispan average wholesale price (AWP) for Generic and Brand Name drugs and the most favorable dispensing fee.

ITEM INFORMATION: VISN 1 First Fill Pharmacy Prescription Fulfillment Services.

Estimated total number of prescription fills for five year period of performance is 190,000 of which 184,300 are Generic and 5,700 are Brand Name. (These are estimated quantities).

The estimated historical average wholesale price (AWP), before discount, for a generic drug is $54.03.

The estimated historical average wholesale price (AWP), before discount, for a brand name drug is $482.36.

EA

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through five years from date of award..

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $350,000.00;

(2) Any order for a combination of items in excess of $350,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 72 Months from date of award.

(End of Clause)

C.5 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of Clause)

C.6 52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.

(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of Clause)

C.7 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause) C.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(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.

(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. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of ME, VT, NH, MA, RI and CT. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(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 Internal 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 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:

[X] (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).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (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).

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008)…