36C24618Q0628-001.docx

36C24618Q0628

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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

652-18-2-099-0778 36C24618Q0628 04-12-2018 Anthony D. Long 757-315-3956 04-18-2018 9:00am EST Anthony D. Long Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 424210 250 Employees X N/A X Department of Veterans Affairs Hunter Holmes McGuire 1201 Broad Rock Blvd.

Richmond VA 23249 Anthony D. Long Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 X See CONTINUATION Page Contractor shall provide Pharmaceutical Management Services in accordance with the Performance Work Statement. Services will be provided for the Charlottesville, Fredericksburg North and South Community Base Outpatient Clinics (CBOCs).

652-3680160-0990822499-2631-010022400 X X Anthony D. Long Table of Contents

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

This solicitation includes VAAR 852.219-11 VA Notice of Total 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.1 SCHEDULE OF SERVICES

The Department of Veterans Affairs Medical Center Richmond, Virginia has a need for the services of Pharmaceutical Benefits Management products and services to be provided to the Charlottesville, Fredericksburg North and South Community Base Outpatient Centers (CBOCs). The quantities specified in the Schedule are estimated only and are not purchased by this contract. This is a Firm Fixed-Price Requirement Type contract.

The Veterans Affairs Medical Center (VAMC) reserves the right to terminate this task order with a 30-day written notice to the contractor in the event a permanent VA employee is hired or services are no longer needed.

Base Year – June 1, 2018 through September 30, 2018 Charlottesville CBOC

NTE $16,000,00

NTE $43,000.00

Fredericksburg North CBOC

NTE $23,000.00

NTE $60,000.00

Fredericksburg South CBOC

NTE $2,500.00

NTE $25,000.00

BASE YEAR TOTAL FOR CBOCs:

Option Year 1 - October 1, 2018 through September 30, 2019 Charlottesville CBOC

NTE $32,000

NTE $86,000.00

Fredericksburg North CBOC

NTE $46,000.00

NTE $120,000.00

Fredericksburg South CBOC

NTE $5,000.00

NTE $50,000.00

OPTION YEAR 1 TOTAL FOR CBOCs: $ Option Year 2 - October 1, 2019 through September 30, 2020 Charlottesville CBOC

NTE $32,000

NTE $86,000.00

Fredericksburg North CBOC

NTE $46,000.00

NTE $120,000.00

Fredericksburg South CBOC

NTE $5,000.00

NTE $50,000.00

OPTION YEAR 2 TOTAL FOR CBOCs: $

Option Year 3 - October 1, 2020 through September 30, 2021 Charlottesville CBOC

NTE $32,000

NTE $86,000.00

Fredericksburg North CBOC

NTE $46,000.00

NTE $120,000.00

Fredericksburg South CBOC

NTE $5,000.00

NTE $50,000.00

OPTION YEAR 3 TOTAL FOR CBOCs: $

TOTAL PRICE FOR BASE AND ALL OPTION YEARS: $

B.2 PERFORMANCE WORK STATEMENT

Performance Work Statement Pharmaceutical Services

SECTION 1 GENERAL:

1.1. Under the authority of Public Law 104-262, 38 U.S.C. 8153 and Veterans Affairs Acquisition Regulation (VAAR) Part 873, the Contractor agrees to provide pharmaceutical benefits management products and services to VA Beneficiaries at the patients treated at the Charlottesville Community Based Outpatient Clinic (CBOC) 590 Peter Jefferson Pkwy, 2nd floor, Suite 250 Charlottesville, VA 22911, Fredericksburg North Community Based Outpatient Clinic (CBOC) 130 Executive Center Parkway, Fredericksburg, VA 22401) , Fredericksburg South Community Based Outpatient Clinic (CBOC) V 10401 Spotsylvania Ave., Suite 300, Fredericksburg, VA 22408, VA beneficiaries based out of Richmond Veterans Affairs Medical Center (VAMC), Richmond, VA 23249 may be approved for this benefit by the Pharmacy Chief, Richmond VAMC.

1.1.2 Only new prescriptions will be filled unless refills deemed necessary are pre-authorized by the Chief, Pharmacy Service, or designee, Richmond VAMC.

2. BACKGROUND INFORMATION:

1.All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to any person, except as authorized in writing and per all applicable laws.

2.VAMC representatives are authorized to visit the premises of any pharmacy filling VAMC prescriptions under the contractor's plan during business hours for auditing and evaluation, which may include the inspection of clinical records.

3.Contractor maintains a Drug Utilization Review system which proactively identifies for the pharmacist potential drug allergies and adverse drug restrictions. All adverse drug reactions will be reported by the pharmacist to the prescriber.

4.Medication therapy management provided to beneficiaries under this contract shall meet all standards applicable to Medicaid recipients in the State where the services are provided and standards set forth in the current Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

3. HOURS OF OPERATION:

The normal duty hours for these services will be Monday through Friday from 0730am until 5:00pm (Eastern Standard Time). No operations will be required to perform on weekends, federal holidays, or after the normal duty hours.

4.QUALIFICATION:

a. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

b. Qualified personnel must be American citizens (or offer evidence of a green card).

c. Contractor’s employee(s) shall be technically proficient in the skills necessary to fulfill the Government's requirements, to include the ability to speak, understand, read & write English fluently.

d. Proof of Insurance

e. Proof/certification that all persons are compared against and are not listed on the OIG excluded parties list

f. The qualifications of such personnel shall also be subject to review by the Chief of Pharmacy services.

5. CONTRACT REQUIREMENTS

a. Schedule of Supplies/Services may be changed by written modification to this contract. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.

b. Contractor shall provide scheduled services throughout the contract period. Other necessary personnel for the operation of the services contracted for services for the VA will be provided by the Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies, procedures and regulations of the medical staff by laws of the VA facility.

d. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. The Contracting Officer and Contracting Officer's Technical Representative shall deal with issues raised concerning contract personnel's conduct. The final arbiter on questions of acceptability is the Contracting Officer.

e. If the Contractor is involved and named in a validated patient complaint the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

f.VA Medical Center personnel shall brief Contractor on VAMC policies and procedures on the first scheduled duty day.

g. Contractor rendering services is subject to professional or technical direction from the COR.

h. The VA shall provide the Contractor the name, title, and telephone number of the COR at the time of contract award.

i. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

j. The services to be performed by the contractor will be under the direction of the Chief, Pharmacy Service or his/her designee.

6.CONTRACT QUALITY MONITORS:

a. The following monitors will be implemented at the contract inception and be maintained indefinitely until it expires.

b. To ensure The Contractor remains compliant with the terms of this contract, pharmacy will:

1. Review random samples (approximately 25% of all prescriptions dispensed by the Contractor and its subsidiaries) on a quarterly basis to confirm that they only fill prescriptions with medications that have been approved under the purview of this agreement.

2. Follow up on all patient/provider complaints regarding prescriptions being rejected.

3. Randomly select approximately 10% of prescriptions dispensed by the Contractor and its subsidiaries monthly from the list of prescriptions filled and verify that they are in fact for VA patients.

B.3 SPECIAL CONTRACT REQUIREMENTS

1. Under the authority of Public Law 104262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

a. The services specified in Section B. - Schedule of Supplies/Services may be changed by written modification to this contract. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.

b. Contractor shall provide scheduled services throughout the contract period. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. If required providers must maintain current and active Drug Enforcement Agency (DEA) and provide copy of BLS certification to Contracting Officer Representative (COR) every two years.

d. The services to be performed by the contractor shall be performed in accordance with VA policies, procedures and regulations of the medical staff by laws of the VA facility.

e. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and Contracting Officer Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

f. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. If the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

g. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

h. The VA shall provide the Contractor the name, title, and telephone number of the COR at the time of contract award.

i. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. Qualified personnel must be American citizens (or offer evidence of a green card). Contractor's employee(s) shall be technically proficient in the skills necessary to fulfill the Government's requirements, to include the ability to speak, understand, read & write English fluently. The qualifications of such personnel shall also be subject to review by the Chief of Pharmacy services.

2. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein.

b. The following terms have the following meanings:

(1) Normal working hours: Monday through Friday from 7:00 a.m. - 9:00 p.m. No weekend or holiday services are required to be provided.

(2) Federal Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Off Duty hours: Hours other than those described in 2(b) (1).

3. TERMS OF THE CONTRACT:

The contract is effective January 1, 2018 through September 30, 2018. The contract is subject to availability of VAMC appropriations. The Contractor shall perform no services after September 30th each year until the contracting officer authorizes such services in writing. The contract is for one year with the option to exercise three, one-year option periods.

a. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in costs incurred thus thereof.

b. The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

4. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.

5. CREDENTIALING AND PRIVILEGES:

Contractor’s employee(s) shall be fully credentialed and privileged by The Medical Executive Board of this VAMC prior to performing any work under this contract.

a. Prior to acceptance, all contract providers must comply with hospital credentialing guidelines, providing all required information on the timeline established by the Medical Center Credentialing Officer. Credentialing and privileging shall be completed in accordance with the provisions of VHA Handbook 1100.19 dated October 15, 2012 found at the web address below.

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

b. This Veterans Health Administration (VHA) Handbook provides updated VHA procedures regarding credentialing and privileging, to include incorporating: VHA policy concerning VetPro; the Expedited Medical Staff Appointment Process; credentialing during activation of the facility Disaster Plan; requirements for querying the Federation of State Medical Boards (FSMB); credentialing and privileging requirements for Telemedicine and remote health care; clarifications for the Summary Suspension of Privileges process in order to ensure both patient safety and practitioner rights; and the credentialing requirements for medical personnel. The credentialing, but not privileging, requirements of this Handbook apply to Registered Nurses, dentists, and other practitioners allowed by law and the facility to practice independently who are assigned to Research or administrative positions not involved in patient care.

c. Contractor and/or applicant shall provide all necessary documents and complete the Vet Pro application process (30) days in advance for full privileges-which requires three (3) current references, plus application for VA privileges to include a copy of privileges from most recent work assignment from another hospital. Contractor shall also provide a copy of current license and malpractice insurance certificate.

d. Name of individuals providing services under the contract and their applicable licenses must be submitted to the Contracting Officer with the offer, including individual Social Security Numbers, dates of birth, place of birth (city, state and country) and addresses to comply with VA Credentialing and Privileging requirements.

6. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES:

a. In accordance with The Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

b. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a minimum and maximum Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against health care providers and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

By signing the offer, the Contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer was signed.

7. MANAGEMENT AND SUPERVISION:

a. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.

b. The Contractor shall have written policies and procedures regarding staff credentials.

c. The VAMC will provide to the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the Contractor upon request and when policy procedures or process changes.

d. The Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

8. RECORD KEEPING:

a. Contractor’s employee(s) shall report to the COR or Administrative Officer, upon arrival at the VA Medical Center. VAMC personnel shall brief Contractor employee(s) on VAMC policies and procedures on the first scheduled duty day.

b. The VAMC, Pharmacy Service, shall establish and maintain a record keeping system that will record the services performed by the Contractor’s employee(s). This recordkeeping system shall consist of time and attendance reports to ensure that required services have been received by the VA Medical Center. Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting officer.

c. Documentation of services performed shall be reviewed prior to certifying payment. Contractor shall be present at the VAMC and shall be performing the required services as specified in the contract to receive reimbursement. The VAMC shall pay for services performed and in strict accordance with Section B, Schedule of Supplies/Services above. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

d. Contractor’s employee must complete daily shift and perform the required services as specified per the work schedule. The Contractor’s invoice shall be decreased accordingly and adjustments shall be made by subtracting the value of the schedule not performed (calculated based on number of hours not preformed). If the amount owed to the government exceeds the total amount due on the final invoice, the government will issue a claim for reimbursement to the Contractor for the difference.”

e. Should the VAMC, in case of emergency, require services to be performed by the Contractor during non-work hours or on a federal holiday as described above, the VAMC shall be responsible for payment to the Contractor in accordance with the prices outlined in the Schedule.

9. QUALITY ASSURANCE:

10. TORT CLAIMS:

Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

11. AUTOMATIC DATA PROCESSING (ADP) SECURITY RESPONSIBILITIES:

In performance of official duties, the Contractor’s employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor’s employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor’s employee(s) signs.

12. COMPUTERIZED PATIENT MEDICAL RECORD SYSTEM:

13. CONFIDENTIALITY OF PATIENT RECORDS:

14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):

In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and do not require a Business Associate agreement for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract. The Contractor must adhere to all VA security policies and applicable confidentiality statutes, include 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 U.S.C. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).

15. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15

(a) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(b) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will be able to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(c) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(d) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(e) The following guidelines apply concerning your use of the past performance evaluation:

(f) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(g) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

17. CONTRACTOR CERTIFICATION

Citizenship-related requirements. Contractor must return a signed certification as found in Section D of this solicitation. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

18. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

http://www.iprm.oit.va.gov/docs/VA_Handbook_6500_6_Contract_Security_030210_Final.pdf

19. CONTRACTOR SECURITY REQUIREMENTS:

All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.

http://www.iprm.oit.va.gov/docs/VA_Handbook_6500_6_Contract_Security_030210_Final.pdf

20. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE:

1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

2. VA INFORMATION CUSTODIAL LANGUAGE