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36C24718Q9168 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Q Emergency Script for Dublin VAMC, Tifton, Albany, M'ville, Perry, Macon & Bruns CBO (VA-18-00080275) 31021 36C24718Q9168 06-22-2018 N 325412 Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

DEPARTMENT OF VETERANS AFFAIRS

CARL VINSON VA MEDICAL CENTER

SHERYL HARRIS

CONTRACTING OFFICER

1826 VETERANS BLVD

DUBLIN, GA 31021

DEPARTMENT OF VETERANS AFFAIRS

CARL VINSON VA MEDICAL CENTER

1826 VETERANS BLVD

DUBLIN, GA

31021

USA

va.gov

DEPARTMENT OF VETERANS AFFAIRS

sheryl.harris5@va.gov

CONTRACTING OFFICER

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is 36C24718Q9168 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated NAICS code is 325412, PHARMACEUTICAL PREPARATION MANUFACTURING. This is set-aside for Service Disabled Veteran Owned Small Business. The requirement is for use at the Carl Vinson VA Medical Center. Delivery location is Carl Vinson Veterans Health Administration Medical Center, 1826 Veterans Blvd, Dublin, Georgia 31021.

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

36C24718Q9168 06-13-2018 Sheryl Harris 478-272-1210 ext 2893 06-22-2018 10:00 am Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021 X X 325412 1250 Employees X N/A X See Delivery Schedule

Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page

PLEASE REFERENCE B.3 PRICE/COST DELIVERY SCHEDULE AND

STATEMENT OF WORK.

See CONTINUATION Page X X

SHERYL HARRIS

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS5
B.1 CONTRACT ADMINISTRATION DATA5
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)6
B.3 PRICE/COST SCHEDULE ITEM INFORMATION7
SECTION C - CONTRACT CLAUSES34
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)34
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)40
C.3 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)47
C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)47
C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)47
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)48
C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)49
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)49
C.9 52.216-22 INDEFINITE QUANTITY (OCT 1995)50
C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)50
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS52
WAGE DETERMINATION52
SECTION E - SOLICITATION PROVISIONS63
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)63
E.2 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)67
E.3 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)67
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)67
E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)69
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)69
E.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)85

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 36C247 Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

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
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] MONTHLY

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

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

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

B.3 PRICE/COST SCHEDULE ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
__________________
__________________

Outpatient Prescription services for Albany CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

Contract Period: Base POP Begin: 07-01-2018 POP End: 06-30-2019

12.00
MO
__________________
__________________

Outpatient Prescription services for Macon CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Tifton CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Dublin main campus to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Milledgeville CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Perry CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Brunswick CBOC to cover Base Period--July 1, 2018 through June 30, 2019.

12.00
MO
__________________
__________________

Outpatient Prescription services for Albany CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

Contract Period: Option 1 POP Begin: 07-01-2019 POP End: 06-30-2020

12.00
MO
__________________
__________________

Outpatient Prescription services for Macon CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Tifton CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Dublin main campus to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Milledgeville CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Perry CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Brunswick CBOC to cover Base Period--July 1, 2019 through June 30, 2020.

12.00
MO
__________________
__________________

Outpatient Prescription services for Albany CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

Contract Period: Option 2 POP Begin: 07-01-2020 POP End: 06-30-2021

12.00
MO
__________________
__________________

Outpatient Prescription services for Macon CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Tifton CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Dublin main campus to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Milledgeville CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Perry CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Brunswick CBOC to cover Base Period--July 1, 2020 through June 30, 2021.

12.00
MO
__________________
__________________

Outpatient Prescription services for Albany CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

Contract Period: Option 3 POP Begin: 07-01-2021 POP End: 06-30-2022

12.00
MO
__________________
__________________

Outpatient Prescription services for Macon CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Tifton CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Dublin main campus to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Milledgeville CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Perry CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Brunswick CBOC to cover Base Period--July 1, 2021 through June 30, 2022.

12.00
MO
__________________
__________________

Outpatient Prescription services for Albany CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

Contract Period: Option 4 POP Begin: 07-01-2022 POP End: 06-30-2023

12.00
MO
__________________
__________________

Outpatient Prescription services for Macon CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

12.00
MO
__________________
__________________

Outpatient Prescription services for Tifton CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

12.00
MO
__________________
__________________

Outpatient Prescription services for Dublin main campus to cover Base Period--July 1, 2022 through June 30, 2023.

12.00
MO
__________________
__________________

Outpatient Prescription services for Milledgeville CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

12.00
MO
__________________
__________________

Outpatient Prescription services for Perry CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

12.00
MO
__________________
__________________

Outpatient Prescription services for Brunswick CBOC to cover Base Period--July 1, 2022 through June 30, 2023.

GRAND TOTAL
__________________

Pharmacy Services for the Dublin VAMC, Albany, Macon, Perry, Milledgeville, Brunswick and Tifton Georgia-Community Based Outpatient Clinic (CBOC) Performance Based Work Statement

IN ADDITION TO THE BASIC CONTRACT, THE FOLLOWING PARAGRAPHS APPLY.

1. GENERAL

1.1. DESCRIPTION OF WORK.

1.1.1 The contractor shall provide pharmacy services, on an annual basis, to be located within a ten (10) mile radius or adjacent to the premises of the Department of Veterans Affairs Community Based Outpatient Clinic (CBOC) and for the main Dublin VAMC campus.

1.1.2 The locations are:

Macon CBOC 5398 Thomaston Road, Suite B Macon, GA 31220 Albany CBOC 417 4th Avenue Albany, GA 31701 Tifton CBOC 1824 N. Ridge Avenue Tifton, GA 31794 Dublin VAMC 1826 Veterans Blvd Dublin, GA 31021 Milledgeville CBOC 2249 Vinson Hwy SE Milledgeville, GA 31061 Perry CBOC 2370 S Houston Lake Road Kathleen, GA 31047 Brunswick CBOC 1111 Glynco Parkway Brunswick, GA 31525

1.1.3 This requirement is for non-personal services, contract personnel performing under this contract shall perform services under the control and general supervision of the Chief, Community-Based Outpatient Clinics and/or the Contracting Officer Technical Representative.

2. Performance Measures.

2.1Outcome. The contractor will provide qualified personnel who will fulfill the requirement to provide Pharmacy services at a standard enabling Carl Vinson VAMC to provide such services at a high level of quality.
2.2Standards. Services shall include the dispensing of pharmaceuticals as prescribed by clinic staff. Primarily, new prescriptions will be filled. In rare instances, where refills may be necessary, the Pharmacy filling the prescription will be provided a pre-authorization by the Clinic Manager. Unless otherwise pre-authorized, prescription fills will be limited to a maximum of a ten-day supply. Prescriptions filled under this contract will be, to the extent permitted by law, the least expensive drug product the pharmacy has in stock. Generic drugs will be dispensed whenever possible. A product is not considered a generic equivalent unless the strength, quantity and dosage are the same as the brand name. The generic name must be displayed on all labels for all medication. The authorized pharmacy will provide the date of filling, quantity provided (if other than the prescribed quantity), prescription number and name or initials of the responsible pharmacist. The contractor shall be paid only for those prescriptions that are approved by the VA Clinic. A point of contact (POC) for this contract will be designated within 5 days of the contract award, and the Contracting Officer notified of the POC in writing. The name and address of the local servicing pharmacy will be provided to the Contracting Officer within 10 days of contract award.

3. REQUIREMENTS:

Type of Contract: Indefinite delivery/indefinite quantity, firm fixed price contract with a base year and up to four option years.

4. Period of Performance Base period with four (4) option years

Base Period:
July 1, 2018 – June 30, 2019
1st Option Year Period:
July 1, 2019 – June 30, 2020
2nd Option Year Period:
July 1, 2020 – June 30, 2021
3rd Option Year Period:
July 1, 2021 – June 30, 2022
4th Option Year Period:
July 1, 2022 – June 30, 2023

5. Adverse drug events:

All adverse drug events reported to the contractor’s pharmacies by beneficiaries of the VA will be reported to the Carl Vinson Veterans Affairs Medical Center’s Pharmacy Service. Adverse drug events include dispensing errors, drug allergies, and adverse drug reactions. 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 JCAHO accreditation manual for Ambulatory Care/Pharmaceutical Services.

6. Quality of Service:

Contractor will provide a high level of quality service to both patients and providers. Communication with providers should be open and immediate in order to resolve professional issues. Patient satisfaction is paramount – procedural issues should be immediately resolved with the designated Contracting Officer’s Technical Representative (COTR).

7. Reports:

An electronic Excel document and/or hard copy shall be delivered to the COTR and Contracting Officer on a semi-annual basis, providing the following information:

Month/Year
*Total

Charge *Generic Paid Claims *Brand Paid Claims *Multi Paid Claims *No. of Scripts

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total to Date
$
$
$
$

*Total Charge – the dollar amount invoiced to the VA for that month/year *Generic Paid Claims – the dollar amount invoiced for Generic prescriptions *Brand Name Paid Claims – the dollar amount invoiced for Brand Name prescriptions *Multi Paid Claims – the dollar amount invoiced for Multi (Brand/Generic) prescriptions *No. of Scripts – the number of prescriptions serviced by the Vendor

8. How Measured.

Representatives of the VA are authorized to visit the 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 the inspection of clinical records.

The VA will randomly audit all billings.

9. QUALIFICATIONS.

9.1. Contractor’s personnel assigned to perform the services covered by this contract shall be licensed in the State, Territory, or Commonwealth of the United States or the District of Columbia and all licenses held by the personnel working on this contract shall be full and unrestricted licenses. If the Contractor uses other companies to perform the services required by this contract, then the Contractor must assure those other companies’ personnel assigned to perform the services covered by this contract are licensed in the State, Territory, or Commonwealth of the United States or the District of Columbia and all licenses held by the personnel working on this contract are full and unrestricted licenses.

9.2 Business Associate Agreement – A Business Associate Agreement must be returned to the Contracting Officer (Attachment 2) within 7 days of award notification.

10. CONTRACTOR FURNISHED PROPERTY AND PERSONNEL SERVICES

10.1 The contractor will be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility the Contractor will provide the following for these personnel: workers compensation, professional liability insurance, health examinations, income tax withholdings, and social security payments.

10.2 The parties agree that the Contractor, its employees, agents and subcontractors will not be considered VA employees for any purpose and will be considered employees of the Contractor. The responsibility for any leave, including any sick leave, professional development or vacation time, is the responsibility of the contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment).

11. Monitoring Contracting Officer’s Technical Representative (COTR) will designate appropriate VAMC personnel to monitor Contractor employee(s) work hours/services through one or a combination of the following mechanisms:

a. The COTR will be responsible for verifying contract compliance. Any incidents of Contractor non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

b. Documentation of services performed shall be reviewed prior to certifying payment. The COTR will perform periodic spot checks and document with the using service to ensure reports monitoring. VAMC will pay only for services actually performed and in strict accordance with the schedule of price/costs. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

12. Contractor Furnished Property Contractor Furnished Items and Services. The Contractor shall furnish all necessary items and services required to perform this contract in accordance with the terms of this PWS and the contract except for those items or services specifically stated to be Government furnished.

13. Payment INVOICES: All invoices should be submitted in arrears and must contain the appropriate purchase order number. Submit invoices through Tungsten Network, (1-877-489-6135), http://www.tungsten-network.com . NOTE: If invoice is submitted improperly (too early, incorrect purchase order number, incorrect billing, etc), invoice will be returned to contractor for correction.

Vendor Electronic Invoice Submission Methods

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network (Formerly OB10), to transition vendors from paper to electronic invoice submission. Please go to this website http://www.tungsten-network.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

3. A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Invoice must show service provided and amount due, by CLIN

· Total amount due

Vendor e-Invoice Set-Up Information:

Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:

· OB10 e-Invoice Setup Information: 1-877-489-6135

· OB10 e-Invoice email: VA.Registration@ob10.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Invoices must be submitted within 30 days of service, to include total charges for the period and the contract number. Invoices will be accompanied by supporting documents to include:

Patient’s Name Patients Social Security Number (last four is acceptable) Prescription number Provider name Name of medication NDC number of the dispensed drug Contractor’s charge Date prescription filled Invoices should be sent to:

Department of Veterans Affairs Department of Veterans Affairs
Community Based Outpatient Clinic (CBOC) Community Based Outpatient Clinic (CBOC)
5398 Thomaston Road, Suite B 417 4th Avenue
Macon, GA 31220 Albany, GA 31701

By FedEx, or transmitted electronically, encrypted, to the designated COTR. FedEx or electronic encryption is required due to the sensitive personal information contained in the supporting documents.

13.1 The Carl Vinson VAMC will only pay for services actually performed and in strict accordance with the Schedule of price/costs shown in the contract.

13.2 Invoices rendered by the Contractor to the VAMC for services furnished VAMC patient or beneficiary shall be billed under the terms of this contract. Neither the beneficiary, his insurer nor any third party shall be billed.

13.3 VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the contractor even if VA does not pay for those services. This provision shall survive the termination or ending of the contract

14. Data Security Information Gathered or Created in Performance of Services

14.1. Information, including, but not limited to, veteran individually-identifiable information (ii) and personal healthcare information (PHI), gathered or created by the Contractor in the performance of this contract is the exclusive property of VA and must be received, gathered, stored, backed up, maintained, used, disclosed and disposed of in accordance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies, including VA Directive and Handbook number 6500.

14.2. The Contractor shall provide access to VA information only to employees, subcontractors, and affiliates only: (1) to the extent necessary to perform the services specified in this contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract, and (3) only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees must meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable.

14.3. ALL VAIII AND PHI INFORMATION STORED ON BOTH VA AND NON-VA

EQUIPMENT MUST BE ENCRYPTED I ACCODRANCE WITH THE FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA). Federal standards established by U.S. Department of Commerce apply, including Federal Information Processing Standard 200 (FIPS200), and National Institute of Standards and Technology Special Publication 800-37, Guide for the Security Certification and Accreditation. Contractors and subcontractors shall document compliance and make the document available upon request of the Contracting Officer or COTR. Contractor and subcontractors shall allow physical inspection by VA personnel to assess its physical and environmental security controls.

14.4. Contractor and its subcontractors must ensure that VAIII and PHI is secure at all times and will ensure proper security is used on contractor or subcontractor computers with VA III or PHI information is stored. To avoid risk of loss or theft, VA III and PHI shall NOT be transferred by contractor or its subcontractors to paper, diskettes, CDs, DVDs, USB flash drives, external computer drives, computer notebooks, home computers or any other medium, and shall NOT be removed from the contractor for subcontractor site under any circumstances without specific written authorization of the VA Information Security Officer. The authorized VA III or PHI recipient shall back up files to protect their loss. Back-ups shall be locked and secured. VA III and PHI shall NOT be transferred between contractor or subcontractor computer unless permission is granted by VA for such transfer of data and secure encrypted transmission methods approved by the VA Information Security Officer are utilized. Contractor employees shall be required to sign VA National Rules of Behavior before they can be authorized access to VA information systems.

14.5. The Contractor shall immediately (on the date of discovery of the incident) report any incident of theft, loss or comprise of VA sensitive information to the Contracting Officer, the Contracting Officer’s Technical Representative and any other VA Official designated b the Contracting Officer. This report shall be in writing and contain the fullest explanation possible and all the details of the incident available to the contractor. VA must receive notice from the contractor on the date contractor discovers incident.

14.6. HIPPA Compliance. The Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

14.7. Security Considerations: A security clearance will not be required for this acquisition.

14.8. The C&A requirements do not apply and a Security Accreditation package is not required

14.9. There will be no exchange or sharing of VA sensitive information with the vendor. This is a prescription processing claims service and the Veteran will have the authority to share PII at his/her own choosing to process a claim for a prescription. This information will not be provided by the VA facility.

15. Access Automated Data Processing files:

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 USC 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) sign.

16. Contract Administration Data:

The Contracting Officer is 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 is authorized to make commitments or issue changes, which will 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 to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

17. Designation of Contracting Officer’s Technical Representative:

A VA Medical Center representative of the Contracting Officer shall be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this task order. The foregoing is to be construed as authorization to interpret or furnish advice or information to the Contractor relative to the financial or legal aspects of the task order. Enforcement of these segments is vested and is the sole responsibility of the Carl Vinson VAMC Contracting Officer.

18. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

18.1. The Contractor shall assign to this task order key personnel that will perform under this contract.

Pharmacy Name/Location
Available Start Date

Quality Assurance Surveillance Plan (QASP) The following minimum Quality Assurance Plan applies. The Government may modify inspection methods in accordance with site specific requirements.

PERFORMANCE OBJECTIVE
PERFORMANCE STANDARD
REF PWS
METHOD OF ASSESSMENT
Provides pharmacy services within a ten-mile radius of the Clinic
Written notification received within 5 days of contract award or within 5 days of a change in POC.
Para 1.1.1
Written notification to Contracting Officer
Designate name and address of local servicing pharmacy(ies) writing 10 days of contract award
Written notification received within 10 days of contract award.
Para 2 Thru 2.2
Written notification to contracting officer.
Continuous high level of quality and professional service
Substantiated patient complaints of no more than 6 per year, substantiated provider complaints of no more than 3 per year
Para 2.1
Patient and provider complaints investigated and documented; contractor advised of results
Compliance with approved medication by the Clinical Pharmacist.
No non-approved medications issued without pre-authorization
Para 2.2
Audit of invoices and supporting documentation
Compliance with refill policy
No refills without pre-authorization
Para 2.2
Audit of invoices and supporting documentation
Monthly invoices submitted in accordance with contract terms
Invoices submitted within 60 days of service, to include total charges for the period and the contract number
Para 12 thru 12.2
Audit of invoices and supporting documentation
Monthly invoices supported by documentation in accordance with contract terms
Supporting documents to include:

Patient Name Patient Social Security Number (last four is acceptable) Prescription number Provider name Name of medication NDC number of the dispensed drug Contractor’s charge Date prescription filled

Para 12 thru 12.2
Audit of invoices and supporting documentation
Invoice and supporting document transmission
Transmission by FedEx or encrypted electronic means, due to sensitive patient information
Para 12 thru 12.2
Receipt of documents

B.2 SCHEDULE OF SUPPLIES/SERVICES OF THIS CONTRACT

I PRICE SCHEDULE FOR ALBANY CBOC

CLIN 0001: Albany CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0001AA
Pharmacy Dispensing Fee per Prescription
0001AB
Discount Percentage from AWP* for Brand (AWP - ____%)
0001AC
Discount Percentage from AWP* for Generic (AWP - ____%)
0001AD
Company Administration Fee per Paid Prescription

CLIN 1001: Albany CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1001AA
Pharmacy Dispensing Fee per Prescription
1001AB
Discount Percentage from AWP* for Brand (AWP - ____%)
1001AC
Discount Percentage from AWP* for Generic (AWP - ____%)
1001AD
Company Administration Fee per Paid Prescription

CLIN 2001: Albany CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2001AA
Pharmacy Dispensing Fee per Prescription
2001AB
Discount Percentage from AWP* for Brand (AWP - ____%)
2001AC
Discount Percentage from AWP* for Generic (AWP - ____%)
2001AD
Company Administration Fee per Paid Prescription

CLIN 3001: Albany CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3001AA
Pharmacy Dispensing Fee per Prescription
3001AB
Discount Percentage from AWP* for Brand (AWP - ____%)
3001AC
Discount Percentage from AWP* for Generic (AWP - ____%)
3001AD
Company Administration Fee per Paid Prescription

CLIN 4001: Albany CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4001AA
Pharmacy Dispensing Fee per Prescription
4001AB
Discount Percentage from AWP* for Brand (AWP - ____%)
4001AC
Discount Percentage from AWP* for Generic (AWP - ____%)
4001AD
Company Administration Fee per Paid Prescription

II PRICE SCHEDULE FOR MACON CBOC

CLIN 0002: Macon CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0002AA
Pharmacy Dispensing Fee per Prescription
0002AB
Discount Percentage from AWP* for Brand (AWP - _____%)
0002AC
Discount Percentage from AWP* for Generic (AWP - _____%)
0002AD
Company Administration Fee per Paid Prescription

CLIN 1002: Macon CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1002AA
Pharmacy Dispensing Fee per Prescription
1002AB
Discount Percentage from AWP* for Brand (AWP - _____%)
1002AC
Discount Percentage from AWP* for Generic (AWP - _____%)
1002AD
Company Administration Fee per Paid Prescription

CLIN 2002: Macon CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2002AA
Pharmacy Dispensing Fee per Prescription
2002AB
Discount Percentage from AWP* for Brand (AWP - _____%)
2002AC
Discount Percentage from AWP* for Generic (AWP - _____%)
2002AD
Company Administration Fee per Paid Prescription

CLIN 3002: Macon CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3002AA
Pharmacy Dispensing Fee per Prescription
3002AB
Discount Percentage from AWP* for Brand (AWP - _____%)
3002AC
Discount Percentage from AWP* for Generic (AWP - _____%)
3002AD
Company Administration Fee per Paid Prescription

CLIN 4002: Macon CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4002AA
Pharmacy Dispensing Fee per Prescription
4002AB
Discount Percentage from AWP* for Brand (AWP - _____%)
4002AC
Discount Percentage from AWP* for Generic (AWP - _____%)
4002AD
Company Administration Fee per Paid Prescription

III PRICE SCHEDULE FOR Dublin Main Campus CLIN 0003: Dublin Main Campus Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0003AA
Pharmacy Dispensing Fee per Prescription
0003AB
Discount Percentage from AWP* for Brand (AWP - _____%)
0003AC
Discount Percentage from AWP* for Generic (AWP - _____%)
0003AD
Company Administration Fee per Paid Prescription

CLIN 1003: Dublin Main Campus Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1003AA
Pharmacy Dispensing Fee per Prescription
1003AB
Discount Percentage from AWP* for Brand (AWP - _____%)
1003AC
Discount Percentage from AWP* for Generic (AWP - _____%)
1003AD
Company Administration Fee per Paid Prescription

CLIN 2003: Dublin Main Campus Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2003AA
Pharmacy Dispensing Fee per Prescription
2003AB
Discount Percentage from AWP* for Brand (AWP - _____%)
2003AC
Discount Percentage from AWP* for Generic (AWP - _____%)
2003AD
Company Administration Fee per Paid Prescription

CLIN 3003: Dublin Main Campus Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3003AA
Pharmacy Dispensing Fee per Prescription
3003AB
Discount Percentage from AWP* for Brand (AWP - _____%)
3003AC
Discount Percentage from AWP* for Generic (AWP - _____%)
3003AD
Company Administration Fee per Paid Prescription

CLIN 4003: Dublin Main Campus Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4003AA
Pharmacy Dispensing Fee per Prescription
4003AB
Discount Percentage from AWP* for Brand (AWP - _____%)
4003AC
Discount Percentage from AWP* for Generic (AWP - _____%)
4003AD
Company Administration Fee per Paid Prescription

IV PRICE SCHEDULE FOR Tifton CBOC CLIN 0004: Tifton CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0004AA
Pharmacy Dispensing Fee per Prescription
0004AB
Discount Percentage from AWP* for Brand (AWP - _____%)
0004AC
Discount Percentage from AWP* for Generic (AWP - _____%)
0004AD
Company Administration Fee per Paid Prescription

CLIN 1004: Tifton CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1004AA
Pharmacy Dispensing Fee per Prescription
1004AB
Discount Percentage from AWP* for Brand (AWP - _____%)
1004AC
Discount Percentage from AWP* for Generic (AWP - _____%)
1004AD
Company Administration Fee per Paid Prescription

CLIN 2004: Tifton CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2004AA
Pharmacy Dispensing Fee per Prescription
2004AB
Discount Percentage from AWP* for Brand (AWP - _____%)
2004AC
Discount Percentage from AWP* for Generic (AWP - _____%)
2004AD
Company Administration Fee per Paid Prescription

CLIN 3004: Tifton CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3004AA
Pharmacy Dispensing Fee per Prescription
3004AB
Discount Percentage from AWP* for Brand (AWP - _____%)
3004AC
Discount Percentage from AWP* for Generic (AWP - _____%)
3004AD
Company Administration Fee per Paid Prescription

CLIN 4004: Tifton CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4004AA
Pharmacy Dispensing Fee per Prescription
4004AB
Discount Percentage from AWP* for Brand (AWP - _____%)
4004AC
Discount Percentage from AWP* for Generic (AWP - _____%)
4004AD
Company Administration Fee per Paid Prescription

V PRICE SCHEDULE FOR Milledgeville CBOC CLIN 0005: Milledgeville CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0005AA
Pharmacy Dispensing Fee per Prescription
0005AB
Discount Percentage from AWP* for Brand (AWP - _____%)
0005AC
Discount Percentage from AWP* for Generic (AWP - _____%)
0005AD
Company Administration Fee per Paid Prescription

CLIN 1005: Milledgeville CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1005AA
Pharmacy Dispensing Fee per Prescription
1005AB
Discount Percentage from AWP* for Brand (AWP - _____%)
1005AC
Discount Percentage from AWP* for Generic (AWP - _____%)
1005AD
Company Administration Fee per Paid Prescription

CLIN 2005: Milledgeville CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2005AA
Pharmacy Dispensing Fee per Prescription
2005AB
Discount Percentage from AWP* for Brand (AWP - _____%)
2005AC
Discount Percentage from AWP* for Generic (AWP - _____%)
2005AD
Company Administration Fee per Paid Prescription

CLIN 3005: Milledgeville CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3005AA
Pharmacy Dispensing Fee per Prescription
3005AB
Discount Percentage from AWP* for Brand (AWP - _____%)
3005AC
Discount Percentage from AWP* for Generic (AWP - _____%)
3005AD
Company Administration Fee per Paid Prescription

CLIN 4005: Milledgeville CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4005AA
Pharmacy Dispensing Fee per Prescription
4005AB
Discount Percentage from AWP* for Brand (AWP - _____%)
4005AC
Discount Percentage from AWP* for Generic (AWP - _____%)
4005AD
Company Administration Fee per Paid Prescription

VI PRICE SCHEDULE FOR PERRY CBOC

CLIN 0006: Perry CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0006AA
Pharmacy Dispensing Fee per Prescription
0006AB
Discount Percentage from AWP* for Brand (AWP - ____%)
0006AC
Discount Percentage from AWP* for Generic (AWP - ____%)
0006AD
Company Administration Fee per Paid Prescription

CLIN 1006: Perry CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1006AA
Pharmacy Dispensing Fee per Prescription
1006AB
Discount Percentage from AWP* for Brand (AWP - ____%)
1006AC
Discount Percentage from AWP* for Generic (AWP - ____%)
1006AD
Company Administration Fee per Paid Prescription

CLIN 2006: Perry CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2006AA
Pharmacy Dispensing Fee per Prescription
2006AB
Discount Percentage from AWP* for Brand (AWP - ____%)
2006AC
Discount Percentage from AWP* for Generic (AWP - ____%)
2006AD
Company Administration Fee per Paid Prescription

CLIN 3006: Perry CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3006AA
Pharmacy Dispensing Fee per Prescription
3006AB
Discount Percentage from AWP* for Brand (AWP - ____%)
3006AC
Discount Percentage from AWP* for Generic (AWP - ____%)
3006AD
Company Administration Fee per Paid Prescription

CLIN 4006: Perry CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4006AA
Pharmacy Dispensing Fee per Prescription
4006AB
Discount Percentage from AWP* for Brand (AWP - ____%)
4006AC
Discount Percentage from AWP* for Generic (AWP - ____%)
4006AD
Company Administration Fee per Paid Prescription

VII PRICE SCHEDULE For Brunswick CBOC CLIN 0007: Brunswick CBOC Pharmacy Svc July 1, 2018 – June 30, 2019

Line Item
Description
0007AA
Pharmacy Dispensing Fee per Prescription
0007AB
Discount Percentage from AWP* for Brand (AWP - ____%)
0007AC
Discount Percentage from AWP* for Generic (AWP - ____%)
0007AD
Company Administration Fee per Paid Prescription

CLIN 1007: Brunswick CBOC Pharmacy Svc July 1, 2019 – June 30, 2020

Line Item
Description
1007AA
Pharmacy Dispensing Fee per Prescription
1007AB
Discount Percentage from AWP* for Brand (AWP - ____%)
1007AC
Discount Percentage from AWP* for Generic (AWP - ____%)
1007AD
Company Administration Fee per Paid Prescription

CLIN 2007: Brunswick CBOC Pharmacy Svc July 1, 2020 – June 30, 2021

Line Item
Description
2007AA
Pharmacy Dispensing Fee per Prescription
2007AB
Discount Percentage from AWP* for Brand (AWP - ____%)
2007AC
Discount Percentage from AWP* for Generic (AWP - ____%)
2007AD
Company Administration Fee per Paid Prescription

CLIN 3007: Brunswick CBOC Pharmacy Svc July 1, 2021 – June 30, 2022

Line Item
Description
3007AA
Pharmacy Dispensing Fee per Prescription
3007AB
Discount Percentage from AWP* for Brand (AWP - ____%)
3007AC
Discount Percentage from AWP* for Generic (AWP - ____%)
3007AD
Company Administration Fee per Paid Prescription

CLIN 4007: Brunswick CBOC Pharmacy Svc July 1, 2022 – June 30, 2023

Line Item
Description
4007AA
Pharmacy Dispensing Fee per Prescription
4007AB
Discount Percentage from AWP* for Brand (AWP - ____%)
4007AC
Discount Percentage from AWP* for Generic (AWP - ____%)
4007AD
Company Administration Fee per Paid Prescription

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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…

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