36C24622Q0421_1.docx

36C24622Q0421

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24622Q0421 06-17-2022 harold mcquillia 757-315-3430 06-27-2022 12:00pm

EDT

Harold McQuillia harold.mcquillia@va.gov Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 524292 $35 Million

NET30

N/A X Department of Veterans Affairs Charles George VAMC 1100 Tunnel Road Asheville

NC

28805 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 512-460-5049 512-460-5221 X See CONTINUATION Page

PHARMACEUTICAL BENEFITS SERVICES

Period of Performance: Base Year - 7/1/2022 - 6/30/2023 with four (4) option years.

This RFQ is setaside 100% for Service-Disabled Veteran Owned Small Business (SDVOSB).

See Section B2 for the Schedule of Services.

See Section B3 for the Performance Work Statement.

See Section E1 for the Instructions to Offerors.

See CONTINUATION Page X X Leah Trossen Contracting Officer 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 36C246 Leah Trossen Harold McQuillia harold.mcquillia@va.gov Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

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

Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES

The contractor will provide pharmaceutical benefits management products and services to VA Beneficiaries of the Charles George VA Medical Center Community Based Outpatient Clinics (CBOC): Franklin CBOC 647 Wayah Street, Franklin, NC 28734; Rutherford County CBOC 374 Charlotte Road, Rutherford, NC 28139; Hickory CBOC 2440 Century Place SE, Hickory, NC 28602. The quantities specified in the Schedule are estimates only and are not purchased by this contract.

Base Year July 1, 2022 – June 30, 2023

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Base Year Total Cost:

Option Year 1 July 1, 2023 – June 30, 2024

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Option Year 1 Total Cost:

Option Year 2 July 1, 2024 – June 30, 2025

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Option Year 2 Total Cost:

Option Year 3 July 1, 2025 – June 30, 2026

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Option Year 3 Total Cost:

Option Year 4 July 1, 2026 – June 30, 2027

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

PRINCIPAL NAICS CODE: 524292 - Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Option Year 4 Total Cost:

B.3 PERFORMANCE WORK STATEMENT (PWS)

1.0 Introduction /Background

(a) Per VHA Handbook 1108.05, Section 8a – Supplemental (Emergent Need) and Fee-Basis Pharmacy Services: Every effort must be made to utilize VA pharmacies for prescription services. When appropriate, arrangements can be made for emergency prescription services through a community pharmacy or the Fee Basis program. In these instances, the patient must not incur additional expense. These arrangements are to be made on a selective, individual patient basis, after careful determination of the type and recurring nature of the prescription. Any pharmacy licensed by a state, commonwealth, or territory of the United States is eligible to accept and fill prescriptions for VA patients, when required and approved in accordance with current VHA policy.

A business associate agreement is required for this contract.

2.0 Scope of Work/Objectives

(a) This contract is to provide financial management services to ensure reimbursement of emergent fill pharmacy benefits. The contract is between the Veterans Health Administration (VHA), Charles George Asheville VA Medical Center (CGVAMC), as a health plan, and the contractor, for the purpose of reimbursing the contractor a set price for prescriptions filled at the Veteran’s request for which the Veteran was not charged. This is not a contract for the purpose of filling prescriptions or dispensing medications. It is a financial management services contract. The contractor shall provide emergent pharmaceutical products and services for the following Charles George Asheville VA Medical Center’s (CGVAMC) Community Clinics as listed below. Any additional locations will be added through a contract modification.

(b) Locations

Franklin Community-Based Outpatient Clinic (CBOC) 647 Wayah Street Franklin, NC 28734

Rutherford County Community-Based Outpatient Clinic (CBOC) 374 Charlotte Road Rutherford, NC 28139

Hickory Community-Based Outpatient Clinic (CBOC) 2440 Century Place S.E.

Hickory, NC 28602

(c) Prescription Requirements Only new prescriptions shall be filled through this contract. A new prescription is defined as a written prescription for a drug product and strength that has not been previously dispensed to the beneficiary in the previous 12 months. A repeat order for the same drug product within 12 months, even if transmitted as a new prescription order is not considered a new prescription. In rare instances (i.e., hurricanes or other natural disaster) where refills may be necessary there must be a pre-authorization by the Clinic Consultant (or designee) at the Charles George Asheville VA Medical Center Pharmacy and so noted on the invoice. Exceptions may be made for second courses of antibiotic therapy.

In order to receive reimbursement, prescriptions filled by the contractor’s dispensing pharmacies will be in written form and in accordance with VA policy and procedures as well as applicable state and federal regulations.

Only prescriptions from VA authorized practitioners shall be filled under the contract. Prescriptions will be written on VA prescription form 10-2577F, Security Prescription Form, or locally developed prescription blanks and hand carried by the beneficiary, faxed from a VA clinic practitioner, given verbally by a VA Clinic practitioner, or stamped with the words “Authorized VA Emergent Prescription”.

Prescriptions from non-VA authorized practitioners shall not be filled under the contract.

Unless otherwise pre-authorized, prescription fills shall be limited to a maximum of a 14-day supply. Prescriptions shall be filled as expediently as possible, but in no more than 24 hours. Prescriptions filled under this contract shall be, to the extent permitted by law, the least expensive generic equivalent drug product the pharmacy has in stock.

The filling of prescriptions shall be inclusive of patient medical profile review and proper filling and labeling in accordance with proper pharmacy practices and state requirements.

Procedures shall include necessary patient education and counseling.

(d) Emergent Drug List Prescriptions reimbursed through the financial management services for emergent fill pharmacy benefits contract will be limited to medications of urgent need as determined by VA clinical staff and will follow safe and effective formulary management principles practiced within the VA. The adjudication of medications on a case-by-case basis must follow the local medical center procedure. The Charles George Asheville VAMC Pharmacy Benefits Management (PBM) Committee shall develop a list of emergent drugs that can be reimbursed for under the contract without prior authorization. The Contracting Officer Representative will email this “emergent drug list” to the contractor at the time of contract award and provide updates to the list as necessary. Generic drugs shall be used whenever available. All medicines reimbursed for under this contract must meet FDA standards.

Prescriptions shall be filled for legend drugs listed on the Charles George Asheville VAMC Emergent Drug List. The Contractor shall review all prescriptions to ensure that the product listed on the emergent formulary. The Charles George Asheville VAMC reserves the right to add or delete drugs from the emergent formulary at any time.

The Charles George Asheville VAMC is not responsible for payment of any prescription for products not on the emergent drug list even if ordered by a VA authorized practitioner. If a VA authorized practitioner prescribes a product not on the emergent drug list, the pharmacists shall notify the patient that the prescription is not covered and that the patient will be responsible for the cost, payable at the time of service.

Any other exceptions to the prescription requirements of the contract must be preauthorized Charles George Asheville VAMC Pharmacist. Decisions of the Medical Centers are final; Charles George Asheville VAMC may retroactively approve exceptions but the decision to retroactively consider, review, or approve retroactive requests for exceptions are solely at the discretion of the Charles George Asheville VAMC.

Generic drugs shall be dispensed whenever possible. A product is not considered a generic equivalent unless the strength, quality, and dosage are the same as the brand name. The generic name shall be displayed on all labels for all medication.

(e) VA DO NOT Substitute List The contractor must comply with the below VA Do Not Substitute List. This is a list of pharmaceutical products for which substitution is not permitted. A modification to the contract will be issued to address future changes that may occur throughout the life of the contract.

· Amiodarone: Amiodarone naïve patients should start on the Upsher-Smith brand Pacerone®. Patients on Cordarone® may continue. Patients receiving a generic amiodarone will be switched to the Pacerone® product. Bioequivalency cannot be guaranteed when switching from one generic to another: therefore, additional monitoring may be required.

· Clozapine: Clozapine by Mylan is required for Clozapine naïve patients. Clozaril® can be continued on existing patients. There is no mandatory conversion.

· Phenytoin (Mylan) extended-release capsules 100mg

· Levothyroxine (Synthroid®)

(f) Adverse Event Reporting

1) All medication errors, adverse drug reactions, or allergy reactions related to medication being dispensed under this contract shall be reported to the Cognizant Pharmacy Contact of the responsible VA Medical Center (see http://www2.va.gov/directory/guide/region.asp?ID=19 ).

(i) Contractor must have a minimum of one pharmacy within a 10-mile radius of each Charles George Asheville VA Community Clinics (CBOCs, APOC, or any other designated location). Exceptions to the availability or distance requirement may be made by mutual agreement of Charles George Asheville VAMC and the contractor.

(ii) Additional areas may be added to this contract by mutual agreement as services are needed for new clinics in the Charles George Asheville VAMC service area. Contract requirements and rates will be as stated in the proposal and subsequent contract.

(g) Reports:

1) The contractor shall provide monthly reports providing the list of drugs dispensed by:

a) Pharmacy

b) Provider

c) Patient

d) Drug

e) Quantity

f) Billing Pharmacy

2) Reports will contain the following information:

a) Beneficiary Name

b) Beneficiary Social Security Number

c) Dispensing Pharmacy

d) Prescription Number

e) Date of fill

f) Drug (generic name)

g) Drug Strength

h) Quantity Dispensed

i) NDC Number of Product Dispensed

j) Cost of Drug

k) Dispensing fee

l) Name of approving official (clinic contact at cognizant VA Medical Center) if prescription was an approved exception to the Charles George Asheville VAMC emergent formulary drug list.

m) Cumulative quarterly and annual reports shall also be provided to the approving official, the Contracting Officer’s Representative (COR), and the Contracting Officer (CO). Quarterly reports will include, in addition to the reports listed above, a controlled substance use report, and a non-formulary report.

4) The CO requires a quarterly report comparing the dollar amount of drugs dispensed under the contract price compared to Average Wholesale Price (AWP).

(h) Protected Health Information (PHI)

1) The contractor is prohibited from transferring PHI by fax or email to and/or from a VA Medical facility unless they have been issued a VA PKI “partner” certificate to allow encrypted email exchange. Invoices, authorizations, and reports can then be sent via PKI encrypted email.

2) If prior authorization for the payment of an emergent pharmaceutical is necessary and the contractor does not have a VA issued PKI “partner” certificate, verbal contact is sufficient to obtain the pharmaceutical payment authorization.

3) The contractor is encouraged not to store any VA patient information on a mobile device.

4) The contractor will not have, nor require, access to VA systems that contain PHI.

The only interaction the contractor will have with PHI relates to approved prescriptions being filled through this contract, in which case the information will be transmitted to the contractor through the contract pharmacy.

(I) Contractor’s Pharmacies

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

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

2) Representatives of VA including Joint Commission surveyors are authorized to visit premises of any pharmacy filling VA prescriptions under the Contractor’s plan during business hours for the purpose of auditing and evaluation, which may include inspection of clinical records.

3) On request, Contractor’s pharmacy will provide a hard copy of VA patient’s medication profiles to include all drugs dispensed and associated dosages, dispensing dates, and quantities.

4) Pharmaceutical care 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.

(b) Pharmacies with which the contractor has a business relationship shall only be reimbursed for prescriptions that were filled and dispensed from original prescriptions written by VA, or VA contracted providers assigned to the particular medical center, or clinic.

3.0 Payment Requirements

a. The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012. The contractor shall invoice for reimbursement at the established contract prices. Drug prices are based off a discount from the Drug Topics MediSpan Average Wholesale Price (AWP).

AWP minus 55% established contract percentage for Generic AWP minus 15% establish contract percentage for Brand name

More frequent billing cycles are negotiable. The Charles George Asheville VAMC will randomly audit all billings. Pharmacies under contract shall make records available to the VA auditor in a timely manner at the location where dispensed.

Invoices - All invoices shall reference the following information:

Contract Number Date of Invoice Invoice number Claim period the invoice relates to Rx Cost per Clinic location Number of Rx dispensed per clinic location Dispensing Fee per Rx Total Cost of Invoice

4.0 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their POC/COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

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.

2.0 BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

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

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINTS OF CONTACT:

Contracting Officer’s (CO) Contracting Officer (CO)/Administrator

Leah Trossen, Deputy Director of Contracting Harold L. McQuillia, CO Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office (NCO) 6 Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Hampton, Virginia 23667

Point of Contact (POC)

TBD

Department of Veterans Affairs Charles George Veterans Affairs Medical Center 1100 Tunnel Road Asheville, North Carolina 28805

5.0 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

(a) 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 in order to record your contract performance as required by FAR 42.15

(b) 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.

(c) 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 have the ability 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.

(d) 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.

(e) 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.

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

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason, you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) 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.

(h) 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.

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 52.216-18 ORDERING (AUG 2020)

(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 effective date of the contract through the end of the effective period..

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.2 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 $1.00, 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 $6,900.00;

(2) Any order for a combination of items in excess of $6,900.00; or

(3) A series of orders from the same ordering office within one (1) 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 three (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.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 the expiration of this contract..

(End of Clause)

C.4 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 of contract expiration.

(End of Clause)

C.5 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 of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled 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 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) C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency…