36C24721Q0626 - Virtual Pharmacist Solicitation.pdf

PAGE 1 OF1. 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 70

679-22-1-231-0001

36C24721Q0626

Jacob Tackett 08-06-2021

4:00 EDT

36C247 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

X 100

X

621399

$8 Million

N/A

X

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street

Augusta GA 30901

36C247

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY Services in accordance with the attached Statement of Work.

CS: Jacob Tackett, jacob.tackett@va.gov CO: Laurinda Millage, laurinda.millage@va.gov

See CONTINUATION Page

X

Laurinda Millage, Sup CO

VA-VHA-RPOE-2019-2FAAF4B5

36C24721Q0626

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

Section 1. Introduction

Section 2. Tasks

Section 3. Delivery

Section 4. Personnel Qualifications

Section 5. Services

Section 6. Term of Contract

Section 7. Contractor and Personnel

Section 8. Contractor Key Personnel

Section 9. Invoicing

Section 10. Monitoring Procedures

Section 11. Security Requirements

Section 12. Training Requirements

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...31

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, VISN 07, RPO-E, AND

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)42

52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 CO: Laurinda Millage, ACO: Jacob Tackett

Department of Veterans Affairs

VISN 7 Network Contracting Activity

501 Greene Street

Hatcher Building - Suite 2

Augusta GA 30901

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center

P.O. 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

Statement of Work for Virtual Pharmacist Services Southeast Network VISN 7

Section 1. Introduction Pharmacists are needed to complete pending outpatient mail prescriptions from medical centers within VISN 7 and remote clinic sites. These services are needed due to continued staffing shortages related to vacancies, extended sick leave of pharmacists throughout the network, increasing volume of work related to new patient access and national and VISN initiatives for switching patients to a contracted agent. The below locations will be supported during the term of this contract.

Site Address City State Zip

ATLANTA VAMC 1670 CLAIRMONT ROAD DECATUR GA 30033

AUGUSTA VAMC 1 FREEDOM WAY AUGUSTA GA 30904

BIRMINGHAM VAMC 700 19TH STREET SOUTH BIRMINGHAM AL 35233

CHARLESTON VAMC 109 BEE ST CHARLESTON SC 29401

COLUMBIA VAMC 6439 GARNERS FERRY RD COLUMBIA SC 29209

DUBLIN VAMC 1826 VETERANS BLVD DUBLIN GA 31021

CENTRAL ALABAMA VAMC

(MONTGOMERY)

215 PERRY HILL RD MONTGOMERY AL 36109

TUSCALOOSA VAMC 3701 LOOP ROAD EAST TUSCALOOSA AL 35404

Section 2. Tasks

2.1 The prescriptions will be verified by the pharmacists and sent electronically to the centralized mail-out pharmacy (CMOP).

2.2 The pharmacist will evaluate each prescription for drug-drug interactions, contraindications for recorded drug allergies, appropriate doses, accurate directions and assure the printed label will be understandable to the patient.

2.3 Using formulary information provided by the VISN 7 Pharmacist Executive (VPE), VISN 7 pharmacy informaticist, and/or pharmacy service of specific sites, the pharmacist will review pending prescriptions for formulary status and process only new, renewed, and refills for formulary medications. New non-formulary prescriptions will not be processed by virtual pharmacist services.

2.4 Access to the Veterans Health Information Systems and Technology Architecture (VistA) computer system is required and virtual pharmacists will have to meet all information security and privacy requirements as required by the Department of Veterans Affairs.

2.5 Pharmacists must have knowledge of the VA Formulary and the VistA computer system.

Pharmacists must also have a working knowledge of the processing requirements for proper completion of prescriptions and understand and be competent in accessing Computerized Patient Record System (CPRS) to read notes, check labs, etc prior to completing prescriptions that have questionable doses, special needs, etc.

2.6 Provide excellent customer service to field and site points of contact by responding to inquiries and questions within a timely fashion (24-48 hours).

2.7 The VA will not provide laptops, computers, or any electronic equipment to the virtual pharmacist services.

2.8 The work will be performed remotely.

2.9 Prescriptions will be verified based on daily backlog (pharmacy pending prescription file).

Section 3. Delivery

3.1 Prescriptions will be verified Sunday through Saturday with emphasis on after hours (after

5:00 pm local time on weekdays) and weekends, to include holidays.

3.2 Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

3.3 Payment will be made upon the verification of the number of prescriptions processed in the prior month.

3.4 Contract could be expanded to higher number of prescriptions per day if workload growth continues and contractor agrees.

Section 4. Personnel Qualifications

4.1 Pharmacists must be citizens of the United States.

4.2 Graduate of a degree program in pharmacy from an American College of Pharmacy Education (ACPE) accredited college or university.

4.3 Full current and unrestricted license to practice pharmacy in a State, Territory, Commonwealth of the United States, or the District of Columbia.

4.4 Pharmacists to have working knowledge of VistA and CPRS and can process pending prescriptions for mail without training. Experience with VistA and CPRS must have been gained within the last three (3) years.

4.5 Pharmacists are familiar with VA formulary and restrictions including Prior Authorization requirements and Criteria for use of non-formulary drugs.

4.6 Must always be able to provide at least six (6) qualified pharmacists.

4.7 Pharmacists must provide their own computer equipment and must be able to obtain clearance from the VISN 7 Department Veterans Affairs Medical Center Information Security Officer.

4.8 Personnel assigned by the contractor to perform the services covered by this contract shall be licensed (as applicable) in a State, Territory, or Commonwealth of the United States or the District of Columbia. The qualifications of such personnel shall also be subject to review by VA Service Line Executives, Specialty Care, VA Chief of Staff, and approval by the VA Network Director. Pharmacists shall be citizens of the United States.

Section 5. Services The services specified to be performed by the contractor will be under the direction of the delegated Contracting Officer’s Representative.

Section 6. Term of Contract The initial period of performance shall be October 1, 2021 through September 30, 2022. There will be an additional 4 option periods that may be exercised at the Government’s discretion based on current need, contractor performance and the availability of funding. No service shall be performed by the contractor without written consent from the Contracting Officer.

Section 7. Contractor and Personnel

7.1 The contractor must be a U.S. based company capable of providing pharmacy services to be completed via a secure web-based system provided by the contractor. The contractor will connect to the VA Veterans Health Information System and Technology Architecture (VISTA) computer system utilizing a Virtual Private Network (VPN) via VA Citrix Access Gateway (CAG). The contractor will have access to the VISTA Pharmacy package and CPRS patient chart at each medical center. The contractor shall provide enough licensed pharmacists to process all orders to completion.

7.2 This Contract is for non-personal services. It does not create employment rights with the U.S.

Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the Contractor acknowledges that he/she is not, and shall not become, an employee of the U.S. Government. The Contractor further agrees that he/she shall not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

7.3 The Contractor shall provide and document a general orientation for all contractor pharmacists who provide work on this contract before commencement of work. Documentation of the orientation shall be provided to the Contracting Officer. This orientation shall include the following topics:

7.3.1 Fire and safety policy and procedure

7.3.2 Infection control policy and procedure

7.3.3 Emergency Preparedness/Disaster policy and procedure

7.4 The VA will monitor the Contractor employees’ work to ensure contract compliance.

7.5 Notwithstanding other contract requirements, upon request of the Contracting Officer, the Contractor shall remove from the work site, any Contractor employee who does not comply with orientation requirements or meet competency requirements for the work being performed.

7.6 Where the contract does not require TJC accreditation or other regulatory body requirements, the Contractor must perform the required work IAW the TJC standards. A copy of these standards may be obtained from: TJC, One renaissance Blvd., Oakbrook Terrace, IL 60181.

7.7 This Contract is a “non-personal services Contract” as defined in FAR 37.101. It is, therefore, understood and agreed that the Contractor and/or the Contractor’s employees or subcontractor:

7.7.1 Shall perform the services specified herein as independent Contractors, not as employees of the government.

7.7.2 Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this Contract.

7.7.3 Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified.

7.7.4 Shall, pursuant to the government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the Contract objective.

Section 8. Contractor Key Personnel Contracted Personnel performing under this contract shall be in the position for a minimum of 90 days and shall be available to perform during the contact performance date. Contractor shall inform Government of any changes to contracted staff performing under this contract and ensure replacement or backup personnel are in place within 30 days.

Name Title/Position Start Date

Section 9. Invoicing

9.1 The Contractor will be responsible for submitting a bill monthly for services provided to the

OB1-/Tungsten electronic invoice system. The bill for services provided in a month should be received by the Fiscal Office by the 10th of the following month; however, every month of service completed should be billed no later than 90 days from date of service. Failure to comply with these requirements will result in non-payment.

9.2 Billings rendered by the Contractor to the VA for services furnished a VA beneficiary under the terms of this contract shall be billing in full. Neither the beneficiary, his/her insurer, nor any other third party shall be billed.

Section 10. Monitoring Procedures 10.1Monitoring will be based on procedures established by the VA Pharmacy Service to ensure services are appropriate, complete, and satisfactory. The Contracting Officer’s Representative (COR), to be designated upon contract award, will be responsible for monitoring contract compliance and reporting any noncompliance as evidenced by the established monitoring procedures to the Contracting Officer for necessary action.

10.2The COR 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.

10.3Documentation of services performed shall be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure reports monitoring. VAMC will pay only for services 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.

10.4Contractor’s performance shall be monitored by the COR or his/her designee and reported to the VISN 7 VPE, Pharmacy Chiefs and vendor. The contract Virtual Pharmacy Services shall be monitored through a variety of mechanisms including:

TASK INDICATOR STANDARD ACCEPTABLE

LEVEL

METHOD OF

SURVEILLANCE

Process Outpatient Rx’s in queue in a timely manner

Process Rx’s to extent to keep backlog in queue less than 72 hours

100% Monthly report of Rx’s processed by pharmacist

RX

Processing (Task 2.1, & 2.3) Does not process

Non-formulary Rx’s without approval

No NF Rx’s processed without approval 98%

Per documented service user discrepancy

Evaluates lab data, drug interactions, adverse drug events, and screens for allergies when processing Rx

Review of appropriate patient safety monitors when processing Rx

99% Per documented service user discrepancyDrug

Information Source (Task 2.2,2.3, & 2.5)

Med Error reporting

Rx’s will be processed accurately (correct drug, dose, sig, comments copied appropriately, etc.)

and errors reported and investigated

99% Per documented service user discrepancy

Customer Service (Task 2.6)

Provides excellent customer service to field and site POC

Will respond to inquiries/questions timely (usually within

99% Per documented service user discrepancy

24 hours)

Section 11. Security Requirements

11.1 Contractor shall ensure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the Veterans Affairs Medical Center, may be subject to fines of up to $20,000.00.

11.2 Records: Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the contractual duty for which access was obtained. Violation of these statutory provisions as stated in department regulations by the Contractor’s employees may involve imposition of criminal penalties.

11.3 System of Records: The Contractor personnel will have access to The Veterans Administration system(s) of records to maintain patient medical records.

11.4 Procedures for User Access: Access requirements to VA information systems by Contractors and Contractor personnel shall meet or exceed those required for Veteran’s Health Administration (VHA) employees as described in VistA Directives (and others) and in any subsequent VistA policy statements. A written and signed request for user access by VistA Management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the Privacy Act and VA Confidentiality regulations and transfer.

11.5 Contractor will be required to sign and abide by the VA Computer Access Security Agreement and Confidentiality Agreement.

11.6 Contractor Personnel Security Requirements: All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA.

11.7 The position sensitivity has been designated as a low risk.

11.8 The level of background investigation commensurate with the required level of access is National Agency Check with Inquiries.

11.9 The contractor, their personnel, and their subcontractors if applicable shall be subject to the Federal laws, regulations, standards, and VA Directives and handbooks regarding information and information system security as delineated in this contract.

11.9.1 The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days.

11.9.2 The contractor shall prescreen all personnel requiring access to the Computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

11.9.3 The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

11.9.3.1 Standard Form 85P, Questionnaire for Public Trust Positions

11.9.3.2 Standard Form 85P-S, Supplemental Questionnaire for Selected

Positions

11.9.3.3 FD 258, U.S. Department of Justice Fingerprint Application Chart

11.9.3.4 VA Form 0710, Authority for Release of Information Form

11.9.3.5 Optional Form 306, Declaration for Federal Employment

11.9.3.6 Optional Form 612, Optional Application for Federal Employment

11.9.4 The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

11.9.5 Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

11.10 Government Responsibilities:

11.10.1 The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor’s employees after receiving a list of names and addresses.

11.10.2 Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

11.10.3 The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor will reimburse the VA facility within 30 days.

11.10.4 The VA Office of Security and Law Enforcement will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM.

11.10.5 The contracting officer will ensure that the contractor provide evidence that investigations have been completed or are in the process of being requested.

11.11 The contractor shall take all necessary precautions to prevent damage to any government property. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor unless corrective action is taken. Any damaged material (i.e., shelving, pharmacy equipment, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the government, upon approval of the Contracting Officer.

11.12 Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity’s option, VA information gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all VA information has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all VA information retained will be safeguarded to prevent unauthorized Uses or Disclosures.

11.13 Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

11.14 If in the event the contract is Terminated for any reason and the vendor maintains any records whether hardcopy or electronic, they must be returned to the VA per contract and VA regulations by vendor. All files (hardcopy or electronic) shall not be shared with a 3rd party (unauthorized) unless authorized in writing by the COR or contracting Officer. If any disclosures of VA records to any 3rd party, an accounting of the disclosure must be kept by the vendor.

11.15 The contractor will comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and maintain the minimum necessary protected health information data required for the survey process. The contractor will develop and use proprietary patient satisfaction measurement tools, methodologies, and databases to advise and assist health care providers improve the quality of patient care. The VISN 7 Network and pharmacies are each a health care provider and will engage the contractor to assist with health care operations, specifically to provide services to help the medical center with internal quality oversight review, with conducting quality assessment and improvement activities which include evaluating outcomes, and evaluating practitioner and provider performance. In connection with services to be provided by the contractor, the VISN 7 Network and pharmacies may disclose patient information (as defined below) which the medical centers have obtained or created as part of the patient’s treatment. Under the business relationship between the contractor and the VISN 7 Network and pharmacies, the medical centers will allow the contractor limited access to certain patient information, which is the sole property of the medical centers. The contractor will provide reasonable administrative, technical, and physical safeguards to protect the integrity and confidentiality of patient information within its control. The contractor will also prevent reasonably anticipated threats to the security or integrity of such patient information as well as unauthorized uses or disclosures of such patient information and will secure compliance by its representatives.

11.16 Restrictions on the use and re-release of patient information: The parties agree that the contractor and its representatives may use patient information (a) to do statistical analyses and create reports to be released only to the VISN 7 Network and pharmacies.

The contractor will not re-release patient information or the VISN 7 Network and pharmacies’ information to any person other than to the VISN 7 Network and pharmacies and to contractor representatives who have a need to know such information for providing services to the VISN 7 Network and pharmacies in accordance with the underlying agreement between the parties, except with the written consent of The VISN 7 Network and pharmacies. All contractor representatives will be required to sign a non-disclosure agreement as a condition of their employment, a copy of which is available for review upon request by the VISN 7 Network and pharmacies. The vendor will be required to perform background checks on all contractor representatives having access to the VISN 7 Network and pharmacies’ patient information and be able to provide information upon request related as to the information obtained in the background check to the VISN 7 Network and pharmacies.

11.17 De-identification of patient information: Within the contractor’s base, any VISN 7 Network and pharmacies’ patient information will be required to be de-identified and stripped of indicators such that one skilled in administering medical records could not link medical information to a specific patient. Data which has been stripped of patient identifying indicators such as patient name and address and incorporated into the contractor’s comparative or benchmark databases shall cease to be patient information creates large comparative or benchmark patient satisfaction databases to help health care providers improve the efficiency and effectiveness of health care delivery. The contractor may include in their database data that has been de-identified and stripped of indicators such that one skilled in administering medical records could not link medical information to a specific patient.

11.18 On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

Section 12. Training Requirements

12.1 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

12.1.1 Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VA HANDBOOK 6500.6 APPENDIX D relating to access to VA information and information systems;

12.1.2 Successfully complete the appropriate VA privacy training and annually complete required privacy training: VA Privacy and Information Security Awareness and Rules of Behavior -VA10176 and Privacy and HIPAA Focused Training-

VA10203;

12.1.3 The contractor is to self-enroll into TMS via the link: http://www.tms.va.gov.

(See Attachment VHA Mandatory Training for Contractor Course Guide) and,

12.1.4 Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

12.2 The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

12.3 Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

12.4 In order for a Contractor Employee to work at VA, you are required to complete mandatory training programs titled VA Privacy and Information Security Awareness and Rules of Behavior (VA10176) and Privacy and HIPAA Focused Training (VA10203). This training is available through the VA Talent Management System (TMS). The TMS offers web-based training to VA employees and its partners.

12.5 To use the TMS, you must self-enroll and create a profile at http://www.tms.va.gov. Once you are at the TMS website, follow the steps listed below to create your profile, launch the mandatory training course and complete the content prior to your coming to VA to begin your clinical training. Required information to register for TMS will be provided upon award of the contract.

12.6 The COR/Contracting officer must have copies of Privacy Training Certificate prior to assignment, and as these are updated. The Contractor is to ensure that all employees of the Contractor that will be assigned under this contract have the appropriate background investigation.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

0001 12.00 MO _____________

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY

(PRESCRIPTION VERIFICATION) SERVICES FOR VISN 7 IAW

PERFORMANCE WORK STATEMENT AND CONTRACT TERMS

AND CONDITIONS. Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022

1001 12.00 MO _____________

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY

(PRESCRIPTION VERIFICATION) SERVICES FOR VISN 7 IAW

PERFORMANCE WORK STATEMENT AND CONTRACT TERMS

AND CONDITIONS. Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

2001 12.00 MO _____________

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY

(PRESCRIPTION VERIFICATION) SERVICES FOR VISN 7 IAW

PERFORMANCE WORK STATEMENT AND CONTRACT TERMS

AND CONDITIONS. Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

3001 12.00 MO _____________

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY

(PRESCRIPTION VERIFICATION) SERVICES FOR VISN 7 IAW

PERFORMANCE WORK STATEMENT AND CONTRACT TERMS

AND CONDITIONS. Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

4001 12.00 MO _____________

CONTRACTOR SHALL PROVIDE VIRTUAL PHARMACY

(PRESCRIPTION VERIFICATION) SERVICES FOR VISN 7 IAW

PERFORMANCE WORK STATEMENT AND CONTRACT TERMS

AND CONDITIONS. Contractor will process a minimum of 10,000 prescriptions per month with a projected maximum of 100,000 prescriptions per month (for all VISN 7 sites combined).

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

GRAND TOTAL _____________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

QUANTIT

Y

DELIVERY

DATE

0001 SHIP TO: 501 Green Street, Suite 2 Hatcher Building Augusta, GA 30901

USA

12.00 10/1/2021 - 9/30/2022

MARK FOR: Jacob Tackett jacob.tackett@va.gov

1001 SHIP TO: 501 Green Street, Suite 2 Hatcher Building Augusta, GA 30901

USA

12.00 10/1/2022 - 9/30/2023

MARK FOR: Jacob Tackett jacob.tackett@va.gov

2001 SHIP TO: 501 Green Street, Suite 2 Hatcher Building Augusta, GA 30901

USA

12.00 10/1/2023 - 9/30/2024

MARK FOR: Jacob Tackett jacob.tackett@va.gov

3001 SHIP TO: 501 Green Street, Suite 2 Hatcher Building Augusta, GA 30901

USA

12.00 10/1/2024 - 9/30/2025

MARK FOR: Jacob Tackett jacob.tackett@va.gov

4001 SHIP TO: 501 Green Street, Suite 2 Hatcher Building Augusta, GA 30901

USA

12.00 10/1/2025 - 9/30/2026

MARK FOR: Jacob Tackett jacob.tackett@va.gov

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.