36C24219Q0128-001.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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 61

36C24219Q0128 11-27-2018

Brooks Campbell, Janice 718-741-4320 12-07-2018

10:00AM

36C242

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

X 100

X

524292

$32.5 Million

N/A

See Delivery Schedule

36C242

Department of Veterans Affairs

James J. Peters VA Medical Center

Network Contracting Office 2

130 West Kingsbridge Road

Bronx NY 10468-3904

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

Provide First Fill/Emergency Prescription Phamarcy

Services BPA, for the VISN 2 VA Healthcare System.

This solicitation and resulting Blanket Purchase Agreement

(BPA) are in accordance with Federal Acquisition Regulation

(FAR) Part 13.

Please review Statement of Work on page 6-15 and complete the Price Cost Schedule on page 17.

Complete table in section 4 and 5 of the statement of work.

The deadline for the submittal of all questions is 2 December 2018, 10:00AM EST.

Contractors should pay close attention to Section: 52.212-1, 52.212-2 and Section D1 & D2 before submitting a quote.

X 1

Janice Brooks Campbell

Contracting Officer

36C24219Q0128

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL

2018)

B.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

B.4 STATEMENT OF WORK

B.5 OTHER BPA TERMS AND CONDITIONS

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.2 MANDATORY WRITTEN DISCLOSURES

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (JUL 2016)(DEVIATION)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION INFORMATION

D.2 NEW YORK WAGE DETERMINATION SAMPLE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

E.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)

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:

James J. Peter VA Medical Center

130 W. Kingsbridge Road

Bronx, NY 10468

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

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

3. INVOICES: Invoices shall be submitted in arrears:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

b. Monthly

c. Reference PO IFCAP: _____________ on all invoices to avoid delay in payment.

Tungsten Network:

http://www.tungsten-network.com/us/en/veterans-affairs.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR Clause 852.219-10, VA Notice of Total Service-Disable Veteran-

Owned Small Business Set Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the http://www.tungsten-network.com/us/en/veterans-affairs

FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting

Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

B.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting

Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting

Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

B.4 STATEMENT OF WORK

FIRST FILL & EMERGENCY RX PHARMACY SERVICES FOR

VISN2 VA HEALTHCARE SYSTEM

STATEMENT OF WORK / DESCRIPTION OF SERVICES

1. Description of services needed:

a. to provide First Fill prescription services for VISN 2 facilities.

b. to provide Emergency backup prescription services For VISN 2 facilities.

2. SPECIFICIATIONS: First Fill or emergency medication shall include, but not limited to the following:

a. All prescriptions filled must be written on VA prescription blanks (VA form 10-

2577F) or another prescription blank that has been authorized in writing by the

VA Contracting Officer or the Chief of Staff of the applicable VA Medical

Center.

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

c. Prescriptions will be filled and dispensed only for drugs that are on the VA

Formulary https://www.pbm.va.gov/PBM/National Formulary.asp Formulary includes representative NDCs. Any other drug not on this list will require prior approval from the VA.

i. Non-formulary and “non-emergent” medications (i.e. Viagra, any expendable stock /supply items [non- drug products], and cosmetics, over-the counter medications, nutritional supplements, vitamins or herbal supplements) as identified by not being on the provided VA

Formulary are not to be dispensed by the pharmacy without prior authorization.

ii. First Fill does NOT cover Schedule 1 controlled substances

iii. For a non-formulary medication to be dispensed, CBOC provider will call applicable VA COR (listed in Section 4) for prior approval. VA COR (or designee) will then call Contractor Designee to have a prior authorization input into the system, allowing the medication to be dispensed for the veteran.

iv. The VA formulary will be updated as necessary and provided to the

Contractor Designee. VA will provide drug name, strength and form(s) for each drug to be added along with the representative NDC number.

v. It is the responsibility of the contractor (vendor) to supply copies of the

VA Formulary to each of the dispensing pharmacies in their network.

vi. Making the Formulary available to non-network pharmacies will be considered a breach of contract and cause for the immediate cancellation of this contract.

d. Medications shall be dispensed with a maximum 10-day (NO REFILLS) supply for all medications EXCEPT antibiotics (unless repackaging is not an option; (i.e.: of insulin, oral inhalers, etc.)

https://www.pbm.va.gov/PBM/National

e. Antibiotic prescriptions shall be dispensed in a quantity up to a 14-day supply when authorized by the physician.

f. Filling pharmacies are NEVER authorized to fill prescriptions from non-VA providers or refill prescriptions previously filled in non-VA pharmacies.

g. Medications shall be dispensed in the generic form unless otherwise stipulated by the VA Pharmacy Service. A product is not considered a generic equivalent unless the strength, quantity and dosage is the same as the brand name. The generic name must be indicated on the drug label for all medications.

h. Prescriptions filled under this contract will be, to the extent permitted by law, the least expensive drug product the pharmacy has in stock is required to be used.

i. “Follow VA Drug Standardization List” as is posted on the link below https://www.pbm.va.gov/PBM/nationalformulary/VA_Drug_Standardization_List

_March_2016.pdf

j. Medications shall be dispensed in appropriate containers, consistent with federal guidelines and New York/New Jersey State Laws.

k. All adverse drug events reported to filling pharmacy will be reported to the VA originating site. These include dispensing errors, drug allergies and adverse drug reactions.

l. No refills of prescriptions will be authorized. The contractor shall fill ONLY

NEW PRESCRIPTIONS. A new prescription is defined as a written or telephonic prescription for a drug product and strength that has been written as a new prescription by the provider and has a new, unique prescription number.

m. NO PRESCRIPTIONS WILL BE MAILED. All prescriptions are to be picked up at the filling pharmacy by Veteran or designee with ample identification.

n. Patients must show a current (in date) PHOTO ID and sign for all prescriptions upon pickup. There can be no exceptions to this requirement.

o. VA reserves the right to add or delete areas of services based on patient demand. Changes in service areas shall be addressed in a written bilateral modification to this contract issued by the Contracting Officer

p. All patients shall be offered counseling from a Pharmacist for each prescription filled. The counseling shall include, but not limited to:

i. Name, description and use of medication https://www.pbm.va.gov/PBM/nationalformulary/VA_Drug_Standardization_List_March_2016.pdf https://www.pbm.va.gov/PBM/nationalformulary/VA_Drug_Standardization_List_March_2016.pdf

ii. Dose, dosage, form, and route

iii. Special directions and precautions

iv. Common side effects and action required if side effects occur

v. Techniques for self-monitoring drug therapy

vi. Action to be taken if a dose is missed

vii. Proper storage

viii. What the patient can expect from the medication

ix. The balance of the patient’s prescribed medication shall be mailed from the VA Mail-Out Pharmacy

q. Pharmacy Services covered by this contract, at a minimum, shall be furnished by the contractor Monday through Sunday (7 days a week) to include Holidays and weekends, Hours of operation (0000 hrs. to 2400 hrs.) daily.

r. The contractor shall provide Registered Pharmacists who shall be (but not limited to):

i. Registered in the State of New York and New Jersey (as applicable).

ii. Collects, synthesize, and interprets patient prescription, and disease data

iii. Checks for factual and potential drug related problems, including (but not limited to):

(1) therapeutic duplication

(2) drug-disease contraindications

(3) drug-drug interactions (including interactions with over the counter drugs)

(4) incorrect drug dosage

(5) drug-allergy interactions

i. Identify, clarify, and resolve drug related problems with the prescriber and patient.

ii. Be available to answer any drug related questions that a patient may have after the prescription is filled.

iii. Treat all patients with dignity, courtesy and respect.

s. Waiting times for prescription dispensing shall be on average 30 minutes but shall not exceed one hour.

t. Upon contract award, VA will provide Contractor Designee with all the provider names for each VA Facility Location and both their respective NPI

(National Provider Index) and DEA (if applicable) that will be used (notify if a provider does not use a DEA). VA DEA numbers may be utilized for providers at some locations. VA will notify the contractor of this usage if applicable.

i. ** Please note, NPI for providers, even though utilizing a VA DEA must still be supplied to the contractor.

3. LOCATIONS / PLACES OF PERFORMANCE INFORMATION:

VA HUDSON VALLEY HEALTHCARE SYSTEM

Montrose VA Medical Center Campus

Route 9A/P.O. Box 100

Montrose, NY 10548-0100

Carmel/Putnam County Community Clinic

1875 Route 6

Warwick Savings Bank - 2nd Floor

Carmel, NY 10512

Eastern Dutchess Community Clinic

2881 Church St, Rt. 199

Pine Plains, NY 12567

Monticello Community Clinic

Jefferson Professional Plaza

60 Jefferson St., Unit 3, Monticello, NY

12701

Goshen Community Clinic

30 Hatfield Lane, Suite 204

Goshen, NY 10924

Port Jervis Community Clinic

150 Pike Street

Port Jervis, NY 12771

New City/Rockland County

Community Clinic

20 Squadron Boulevard, Suite 400

New City, NY 10956

Castle Point VA Medical Center Campus

Castle Point, NY 12511

Poughkeepsie Community Clinic

488 Freedom Plains Road

Poughkeepsie, NY 12603

VA NEW JERSEY HEALTH CARE SYSTEM

East Orange VA Medical Center

Campus

385 Tremont Avenue

East Orange, NJ 07018-1095

Elizabeth Community Clinic

654 East Jersey Street, Suite 2A

Elizabeth, NJ 07206

Jersey City Community Clinic

115 Christopher Columbus Dr

Jersey City, NJ 07302

Lyons VA Medical Center Campus

151 Knollcroft Road

Lyons, NJ 07939

Trenton Community Clinic

171 Jersey Street—Building 36

Trenton, NJ 08611-2425

New Brunswick Community Clinic

317 George Street

New Brunswick, NJ 08901

Fort Monmouth Community Clinic

Paterson Army Health Clinic

Building 1075, Stephenson Avenue

Fort Monmouth, NJ 07703

Hackensack/Bergen County

Community Clinic

385 Prospect Avenue

Hackensack, NJ 07601

Morristown Community Clinic

340 West Hanover Avenue

Morristown, NJ 07960

James J. Howard Community

Clinic

970 Route 70

Brick, NJ 08724

Newark Community Clinic

20 Washington Place

Newark, NJ 07102

Paterson Community Clinic

St. Joseph's Hospital & Medical Center

275 Getty Avenue

Paterson, NJ 07503

VA NEW YORK HARBOR HEALTHCARE SYSTEM

Brooklyn VA Medical Center

800 Poly Place

Brooklyn, NY 11209

New York VA Medical Center

423 East 23rd Street

New York, NY 10010

Staten Island Community Clinic

Southport Plaza

1150 South Avenue

3rd Floor – Suite 301

Staten Island, NY 10314

St. Albans Community Living

Center

179th Street & Linden Boulevard

St. Albans, NY 11425

Chapel Street Community Clinic

40 Flatbush Extension—8th Floor

Brooklyn, NY 11201

Harlem Community Clinic

55 West 125th Street—11th Floor

New York, NY 10027

Opiate Substitution Program

BRONX, NEW YORK

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx, NY 10468

Yonkers Community Clinic

124 New Main Street

Yonkers, NY 10701

Bronx Community Clinic

953 Southern Blvd

Bronx, NY 10459

White Plains Community Clinic

23 South Broadway

White Plains, NY 10601

Queens Community Clinic

41-03 Queens Blvd.

Sunnyside, NY 11104

437 West 16th Street

New York, NY 10011

NORTHPORT, NEW YORK

Northport VA Medical Center

79 Middleville Road

Northport, NY 11768

Westhampton Community Air Base

(by appointment only)

150 Old Riverhead Road

Westhampton, NY 11978

Plainview Community Clinic

1425 Old Country Road

Plainview, NY 11803

Patchogue Community Clinic

4 Phyllis Drive

Patchogue, NY 11772

Albany VA Medical Center

113 Holland Avenue

Albany, NY 12208

CBOCs

Bainbridge

109 North Main Street

Bainbridge, NY 13733

Catskill

Columbia Greene Medical Arts

Building

Suite D305, 159 Jefferson Hgts

Catskill, NY 12414

Clifton Park

963 Route 146

Clifton Park, NY 12065

Fonda

2623 State Highway 30A

Fonda, NY 12068

Glens Falls

84 Broad St.

Glens Falls, NY 12801

Kingston

324 Plaza Road

Kingston, NY 12401

Plattsburgh

80 Sharron Avenue

Plattsburgh, NY 12901

Saranac Lake

33 Depot St.

Saranac Lake, NY 12983

Schenectady

1346 Gerling Street

Sheridan Plaza

Schenectady, NY 12308

Troy

295 River Street

Troy, NY 12180

Westport

7426 NYS Route 9N

Westport, NY 12993

Canandaigua VA Medical Center

400 Fort Hill Avenue

Canandaigua, NY 14424

CBOCs:

Rochester

465 Westfall Road

Rochester, NY 14620

Bath VA Medical Center

76 Veterans Avenue

Bath, NY 14810

Coudersport

24 Maple View Lane Suite 2

Coudersport, PA 16915

Elmira

1316 College Avenue

Elmira, NY 14901

Wellsboro

1835 Shumway Hill Road

Wellsboro, PA 16901

Wellsville

3458 Riverside Drive, Route 19

Wellsville, NY 14895

VA Western New York Healthcare System

3495 Bailey Avenue

Buffalo, NY 14215

Dunkirk

166 East 4th Street

Dunkirk, NY 14048

Jamestown

608 West 3rd Street

Jamestown, NY 14701

Lackawanna

1234 Abbott Road

Lackawanna, NY 14218

Lockport

5883 Snyder Drive

Lockport, NY 14094

Niagara Falls

2201 Pine Avenue

Niagara Falls, NY 14301-2300

Olean

VA Outpatient Clinic

465 North Union Street

Olean, NY 14760-2658

Springville

15 Commerce Drive

Springville, NY 14141

Syracuse VA Medical Center

800 Irving Avenue

Syracuse, NY 13210

Auburn

17 Lansing Street

Auburn, NY 13021

Binghamton

203 Court Street

Binghamton, NY 13901

Massena

6100 St. Lawrence Centre

Massena, NY 13662

Oswego

437 State Route 104 E

Oswego, NY 13126

Rome

125 Brookley Road, Building 510

Rome, NY 13441

Tompkins/Cortland

1451 Dryden Road

Freeville, NY 13068

Watertown

144 Eastern Blvd.

Watertown, NY 13601

4. PERIOD OF PERFORMANCE: This will be a five (5) year BPA with period of performance of -1-2019 to 12-31-2023.

BASE YEAR: JANUARY 1, 2019 to DECEMBER 31, 2019

OPTION YEAR (1) JANUARY 1, 2020 to DECEMBER 31, 2020

OPTION YEAR (2) JANUARY 1, 2021 to DECEMBER 31, 2021

OPTION YEAR (3) JANUARY 1, 2022 to DECEMBER 31, 2022

OPTION YEAR (4) JANUARY 1, 2023 to DECEMBER 31, 2023

Estimated Quantities

The following estimates are estimated amount based on VA historical needs. The estimates are not a guarantee to the Contractor. Actual estimates on BPA calls issued against BPA could be equal, lesser, or greater than estimated amounts listed:

5. PRICING:

Prices will be based on a discount from MediSpan Average Wholesale plus any additional

Administrative and/or Dispense fees. Please provide what your current costs/charges would be for each of the medications below. To provide an NDC for each product is not practical. Our products received can vary depending on availability. Include the price of the medication and the dispensing fee /Administrative fee associated with each product listed below.

These are the medications that perhaps could use a bit more clarification from the table.

Prescription strengths, formulations and amounts.

1. AMOXICILLIN/CLAVULANATE P 875/125 Short Acting tablets- 7 Day Regimen

2. METHYLPREDNISOLONE DOSE P- 21 4mg tablets (6-day regimen)

3. VENTOLIN HFA- /90mcg inhaler #1

4. ACETAMINOPHEN/CODEINE PHO #3-Codeine phosphate 30mg, acetaminophen

300mg #30 tablets

5. SULFAMETHOXAZOLE/TRIMETHO DS- Sulfamethoxazole 800mg, trimethoprim 160mg #28 tablets

6. PROAIR HFA-/90mcg inhaler #1

7. OSELTAMIVIR PHOSPHATE-75mg #10

8. FLUTICASONE PROPIONATE-50mcg/spray 160 sprays #1

9. SYMBICORT-160/4.5mcg 120 inhalations #1

6. RADIUS REQUIREMENT: The contractor must have three (3) or more Pharmacy locations within a five (5) mile radius of each urban VA Facility. The contractor shall provide the name, address, and phone number of each pharmacy and the VA shall approve the use of at least one pharmacy per VA facility site.

7. EMERGENCY NETWORK: In the event of an emergency and a Medical Center is unable to supply medications to patients because of a national or local emergency as declared by the

Medical Center Director or designee vendor will be notified and in turn will notify their network of participating pharmacies. Vendor will supply to the VA the names of two or more Vendor employees authorized to activate their emergency network, who the VA will contact, and conversely the VA will advise Vendor of the name of the VA employee authorizing the emergency activation.

In the event of a VA called emergency only, prescriptions can be filled from empty current dated vials less than 90 days old if refills do exist. Refills will be for a maximum 30-day supply.

Filling pharmacy must record the following information:

Patient Name

Patient Address

VA ID Number

VA RX # (if a VA refill)

Name of Provider

Prescription number

Filling pharmacist

Charge to VA site (to be determined) that originated RX

8. AUDITING

Representatives of the VA are authorized, at any time, to visit the premises of any pharmacy filling VA prescriptions under the vendor’s plan during regular business hours for the purposes of auditing and evaluation, which may include the inspection of clinical records.

9. REPORTING REQUIREMENTS

a. Contractor shall provide a monthly summary (for each contracted Pharmacy or CBOC) to the VA Pharmacy Service detailing the following information for services provided:

• Patient Name and Address

• Medication Name and Strength

• Quantity Dispensed

• NDC (National Data Code)

• Prescription Number

• Prescription Cost

• Prescriber Name

• Days’ Supply

b. Invoices are to be sent to applicable POC/COR’s listed in Section 3 above, by the 10th day in the following month. Invoices must include date dispensed, patient's name, patient’s last four of SSN, provider name, Prescription number name of medication and

NDC number of dispensed drug, strength, days’ supply dispensed, quantity, total charge, and contract number. The contractor shall provide for quality control/performance improvement purposes the following information:

i. All medication errors and medication related incidents will be recorded and investigated and reported to the VA on a monthly basis. Medication errors or events that result in required hospitalization, clinical intervention or significant negative events will be reported to the VA immediately.

ii. Customer complaints/suggestions/compliments shall be recorded and reported to the VA on a quarterly basis (or more frequently if a significant problem occurs).

10. STATUTORY REQUIREMENTS

Services required under this contract shall be performed in accordance with the following:

• New York and New Jersey State Board of Pharmacy; Pharmacy Law

• Code of Federal regulations, Title 21

• United States Code, Title 21

11. CONFIDENTIALITY AND SECURITY

Contractor shall ensure the confidentiality and security of all patient information and shall be held liable in the event of breach of confidentiality. All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to persons, except as authorized in writing and according to all applicable laws the Contractor shall comply with the provisions of the

Privacy Act of 1974 (5 USA 522a), confidentiality of Drug Abuse, Alcohol Abuse, Sickle Cell

Anemia and HIV/AIDs Treatment Records (38 USC 7332) and Confidentiality of Medical

Quality Assurance Records (38 USC 5705). The Contractor shall comply with all pertaining confidentiality and security statutes. Contractor shall be HIPAA (Health Insurance Portability and Accountability Act) compliant. Failure to comply with statutes regarding confidentiality and security of patient health information/Individually identifiable information may result in financial sanctions.

B.5 OTHER BPA TERMS AND CONDITIONS

Authorized Limits

Minimum and maximum orders allowable are set forth in FAR Clause 52.216 (Order

Limitations) of BPA and are also listed here:

Minimum Order: $5,000 per BPA call

Maximum Order: $500,000 per BPA call

Obligation of Funds

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized BPA calls actually issued and awarded under the BPA by the Contracting Officer.

Precedence

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. The Contractor's unconditional acceptance of this

BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first BPA call placed hereunder by a Contracting Officer. Failure of the Contractor to comply with any of the terms and conditions of the BPA and/or any BPA calls placed hereunder may be cause for the cancellation of this BPA.

Cancellation of BPA

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance. BPA cancellation does not release the Contractor from their duty to continue task order performance.

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 16,500.00 EA __________________ __________________

Provide Emergent/First Fill services for VISN 2 facilities.

Firm Fixed Price

Dispensing Fee Plus

Discounted AWP Percentage __________ - AWP% Brand Name

__________ - AWP% Generic

Contract Period: Base

POP Begin: 01-01-2019

POP End: 12-31-2019

1001 16,500.00 EA __________________ __________________

Provide Emergent/First Fill services for VISN 2 facilities.

Firm Fixed Price

Dispensing Fee Plus

Discounted AWP Percentage

Contract Period: Option 1

POP Begin: 01-01-2020 POP End: 12-31-2020

2001 16,500.00 EA __________________ __________________

Firm Fixed Price

Dispensing Fee Plus

Discounted AWP Percentage

Contract Period: Option 2

POP Begin: 01-01-2021

POP End: 12-31-2021

3001 16,500.00 EA __________________ __________________

Firm Fixed Price

Dispensing Fee Plus

Discounted AWP Percentage

Contract Period: Option 3

POP Begin: 01-01-2022

POP End: 12-31-2022

4001 16,500.00 EA __________________ __________________

Firm Fixed Price

Dispensing Fee Plus

Discounted AWP Percentage

_________ - AWP% Generic

Contract Period: Option 4 POP Begin: 01-01-2023

POP End: 12-31-2023

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

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

EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

C.2 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years.

C.5 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.6 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…