36C24723Q0078 Pharmacy Services.pdf

COMBINED SYNOPSIS/SOLICITATION

GENERAL INFORMATION

Subject:

Document Type:

Solicitation Number:

Posted Date:

Response Date:

Product of Service Code:

NAICS Code:

After Hours Pharmacy Services

Combined Solicitation/Synopsis

36C24723Q0078

10/27/2022

11/14/2022 6:00 AM CST

Q517 541214

Contracting Office Address

Network Contracting Officer (NCO) 7, ATTN: Jason Compton

Department of Veterans Affairs

Atlanta VA Medical Center

1670 Clairmont Rd, Decatur, GA 30033

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and

Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05 / 10-25-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is

541214, with a small business size standard of $34.5M.

The Network Contracting Office 7 is seeking After Hours Pharmacy Services

All questions regarding this RFQ must be in writing and may be sent by e‐mail to jason.compton1@va.gov. Questions must be received no later than Nov 07, 2022 at 2:00 PM CST.

No further questions will be accepted after that date and time.

You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer (CO).

All interested companies shall provide quotation(s) for the following:

mailto:jason.compton1@va.gov.

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24723Q0078

6. SOLICITATION ISSUE DATE

10-27-2022

Jason Compton 575-921-8849 11-14-2022

0600 CST

Jason Compton, jason.compton1@va.gov

Department of Veterans Affairs

W.J.B. Dorn VA Medical Center

6439 Garners Ferry Road

Columbia SC 29209-1639

X 100

X

541214

$22 Million

N/A

X

See Delivery Schedule

Department of Veterans Affairs

W.J.B. Dorn VA Medical Center

6439 Garners Ferry Road

Columbia SC 29209-1639

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

After Hours Pharmacy Services for Atlanta VAMC and twenty one Community Based Outreach Clinics

Period of Performance

Base: 01 Jan 2023 - 31 Dec 2023

OY1: 01 Jan 2024 - 31 Dec 2024

OY2: 01 Jan 2025 - 31 Dec 2025

OY3: 01 Jan 2026 - 31 Dec 2026

OY4: 01 Jan 2027 - 31 Dec 2027

See CONTINUATION Page

X X

Jason Compton

36C24723Q0078

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

• Stockbridge CBOC – 175 Medical Boulevard Stockbridge GA 30281

• Ft. McPherson CBOC– 1701 Hardee Avenue, Atlanta GA 30330

• Lawrenceville CBOC – 455 Philip Blvd, Lawrenceville, GA 30046

• Oakwood CBOC – 4175 Tanners Creek Drive, Oakwood, GA 30566

• Newnan CBOC – 39 A Oak Hill Court Newnan GA 30265

• Rome CBOC – 30 Chateau Drive Rome, GA 30161

• Atlanta VA Clinic – 250 N. Arcadia Blvd., Decatur GA 30030

• Blairsville – 1294 Highway 515 East, Suite 100 Blairsville, GA

• Carrollton CBOC – 180 Martin Drive, Carrolton, GA 30117

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

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

Jason Compton, jason.compton1@va.gov

Department of Veterans Affairs

W.J.B. Dorn VA Medical Center

6439 Garners Ferry Road

Columbia SC 29209-1639

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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR

Name Brand Drugs Percentage Discount off of Average Wholesale Price

(AWP)______________

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023

0002 1.00 YR

Generic Drugs Percentage Discount off of Average Wholesale Price

(AWP)_____________

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023

1.00 EA

Prescription Dispensing Fee Contract Period: Option 1 POP Begin: 01-01-2023 POP End: 12-31-2023

INFO ONLY CLIN: Pharmacy Services for an Estimated 10,130 Emergent Prescriptions Annually For #21 Community Based Outreach Clinics (CBOCS).

Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023

1001 1.00 YR

Name Brand Drugs Percentage Discount off of Average Wholesale Price

(AWP)_______________

Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024

1002 1.00 YR

Generic Drugs Percentage Discount off of Average Wholesale Price

(AWP)_____________

Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024

1003 1.00 EA __________________ __________________

Prescription Dispensing Fee Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024

INFO ONLY CLIN: Pharmacy Services for an Estimated 10,130 Emergent Prescriptions Annually For #21 Community Based Outreach Clinics (CBOCS).

Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024

2001 1.00 YR

Name Brand Drugs Percentage Discount off of Average Wholesale Price

(AWP)______________

Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025

2002 1.00 YR

Generic Drugs Percentage Discount off of Average Wholesale Price

(AWP)_______________

Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025

2003 1.00 EA __________________ __________________

Prescription Dispensing Fee Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025

INFO ONLY CLIN: Pharmacy Services for an Estimated 10,130 Emergent Prescriptions Annually For #21 Community Based Outreach Clinics (CBOCS).

Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025

3001 1.00 YR

Name Brand Drugs Percentage Discount off of Average Wholesale Price

(AWP)_______________

Contract Period: Option 3 POP Begin: 01-01-2026 POP End: 12-31-2026

3002 1.00 YR

Generic Drugs Percentage Discount off of Average Wholesale Price

(AWP)_______________

Contract Period: Option 3 POP Begin: 01-01-2026 POP End: 12-31-2026

3003 1.00 EA __________________ __________________

Prescription Dispensing Fee Contract Period: Option 3

POP Begin: 01-01-2026 POP End: 12-31-2026

INFO ONLY CLIN: Pharmacy Services for an Estimated 10,130 Emergent Prescriptions Annually For #21 Community Based Outreach Clinics (CBOCS).

Contract Period: Option 3 POP Begin: 01-01-2026 POP End: 12-31-2026

4001 1.00 YR

Name Brand Drugs Percentage Discount off of Average Wholesale Price

(AWP)______________

Contract Period: Option 4 POP Begin: 01-01-2027 POP End: 12-31-2027

4002 1.00 YR

Generic Drugs Percentage Discount off of Average Wholesale Price

(AWP)______________

Contract Period: Option 4 POP Begin: 01-01-2027 POP End: 12-31-2027

4003 1.00 EA __________________ __________________

Prescription Dispensing Fee Contract Period: Option 4 POP Begin: 01-01-2027 POP End: 12-31-2027

INFO ONLY CLIN: Pharmacy Services for an Estimated 10,130 Emergent Prescriptions Annually For #21 Community Based Outreach Clinics (CBOCS).

Contract Period: Option 4 POP Begin: 01-01-2027 POP End: 12-31-2027

B.3 DELIVERY SCHEDULE

ITEM NUMBER

0001 - 4004 SHIP TO: Department of Veterans Affairs Atlanta VA Medical Center 1670 Clairmont Rd Decatur, GA 30033

USA

MARK

FOR:

Briana Reed

(404) 321-6111 x206408 briana.reed@va.gov

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Pharmaceutical Services for Atlanta VAHCS Community based Outpatient

Clinics (CBOCs) Performance Based Work Statement

2. Scope of Work.

The contractor shall provide emergent/urgent pharmacy prescription services through local pharmacies for VA patients seen at the CBOCs who cannot wait for prescriptions to be filled by the VA pharmacy. In addition, VA patients will be provided emergent/urgent pharmacy prescriptions written by the VA emergency room after the hours of 9:30 PM M-F and 4:30 PM Sat – Sun. Contractor is responsible for including pharmacies that provide 24-hour medication pick-up. Contractor shall provide call center service 7:00 AM – 9:00 PM M-F and 10:00 AM – 3:00 PM Sat. All subsequent prescriptions will be provided by the VA pharmacy unless previously coordinated with contractor. The Clinic’s expected range is approximately 2000 to 9000 patients when fully staffed. VA patients receive their prescriptions from the VA pharmacy; however, in cases where they cannot wait for their prescription fill, local pharmacies are used to provide up to 14-day supply and follow up with VA pharmacy fills. Most patients at the CBOCs are established patients. New patients will be the primary users of the services and only if they cannot wait for their initial medications. The estimated annual number of emergent prescriptions is 10,130.

3. Background:

Pharmaceutical Services have been in place at the Atlanta VA since October 1, 2008. The most recent contract awarded, provided for emergent/urgent pharmacy prescriptions for VA patients seen at the CBOCs and the VA emergency room after 9:30 PM M-F and after 4:30 PM Sat – Sun. The current contractor has a Business Associates Agreement with the VA. The intent of this contract is to expand the scope of patient care satisfaction/Veteran experience throughout the entire Atlanta VA Medical Center organization. Enhanced Veterans care is not only a goal of the local and VISN organization but also the VHA National Strategic Plan.

4. Period of Performance:

This contract is effective for One (1) year from date of award plus Four (4) one (1) year renewal periods that may be exercised by the VA. The contract is subject to the availability of VA funds. The contractor shall perform no services after December 31, each year until the contracting officer authorizes such services in writing.

5. Type of Contract: Firm-Fixed-Price based on percentage discount

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

C. GENERAL REQUIREMENTS

1. Contractor shall provide pharmaceutical services to VA beneficiaries seen by the Atlanta Veterans Affairs Medical Center Community Based Outpatient Clinics (CBOC’s) at the following locations:

• Stockbridge CBOC – 175 Medical Boulevard Stockbridge GA 30281

• Ft. McPherson CBOC– 1701 Hardee Avenue, Atlanta GA 30330

• Lawrenceville CBOC – 455 Philip Blvd, Lawrenceville, GA 30046

• Oakwood CBOC – 4175 Tanners Creek Drive, Oakwood, GA 30566

• Newnan CBOC – 39 A Oak Hill Court Newnan GA 30265

• Rome CBOC – 30 Chateau Drive Rome, GA 30161

• Atlanta VA Clinic – 250 N. Arcadia Blvd., Decatur GA 30030

• Blairsville – 1294 Highway 515 East, Suite 100 Blairsville, GA

• Carrollton CBOC – 180 Martin Drive, Carrolton, GA 30117

• Gwinnett CBOC-1970 Riverside Pkwy, Lawrenceville, GA 30043

• Atlanta VAHCS/Emergency Room–1670 Clairmont Rd., Decatur, GA 30033

• Covington CBOC-10155 Eagle Drive, Covington, GA 30014

• Northeast Cobb CBOC-2217 Roswell Road, Suite 140, Marietta, Ga 30062

• Pickens County CBOC-934 East Church Street, Jasper, GA 30143

• West Cobb CBOC-333 Midway Road, Marietta, GA 30064

• Pike County CBOC-9528 US Highway 19 Zebulon, GA 30295

• Cobb County CBOC-1263 Cobb Parkway NW, Marietta, GA 30066

• South Fulton CBOC-1800 Phoenix Blvd, Building 100, Suite 120, College Park, GA 30349

• South Cobb CBOC-2400 Herodian Way SE Smyrna, GA 30080

• North Fulton CBOC-309 Parklake Drive NE, Northlake Atlanta, GA 30345

• Henderson Mill CBOC-2296 Henderson Mill Road, Suite 402 Atlanta, GA 30345

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Special Task: The contractor shall provide pharmaceutical services to VA beneficiaries seen at the Department of Veterans Affairs CBOC locations as indicated above, and to be prepared to provide service to any additional CBOC in the Atlanta VAMC catchment area that may become active during the terms of this contract.

1. These services shall include the dispensing of pharmaceuticals when clinic staff determine that they are emergent, and it is in the interest of patient care. Only new prescriptions will be filled. In rare instances where refills may be necessary, there must be a pre-authorization by the Clinic Manager or designee. Unless otherwise pre-authorized, prescription fills will be limited to a maximum of a fourteen-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 he displayed on all labels for all medication. The following drug products must be dispensed by brand name only:

• Lanoxin

• Synthroid

• Golden State Warfarin

• Dilantin

2. The authorized pharmacy will provide the date of filling, quantity provided (if other than the prescribed quantity), prescription number and name or initials of responsible pharmacist. All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to any person, except as authorized in writing and according to all applicable laws. 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. 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.

4. Adverse Drug Events: All adverse drug events reported to the contractor's pharmacies by beneficiaries of the VA will be reported to the Atlanta VA 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 Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

5. Quality of Service: Contractor will provide a high level of quality service to both patients and providers. Communications 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 Representative (COR). Contractor shall provide a listing of licensed pharmacies in Georgia that will accept its plan. The VA will designate pharmacy/pharmacies the contractor shall utilize. On occasion, VA healthcare providers will write prescriptions for a patient as a convenience for medications that do not meet the emergency guidelines. These prescriptions are not covered for reimbursement by the Atlanta VA Medical Center and will have a stamp on the reverse side of the prescriptions as follows: This prescription will not be paid for by the Department of Veterans Affairs. It has been provided to the patient for their convenience and is not covered by the Atlanta VA Medical

Center’s pharmacy contract. The veteran will be responsible for payment to the pharmacy for this prescription. This prescription will not be filled at government expense. Contract pharmacies that receive prescriptions from patients that bear the above stamp are not to submit them for reimbursement as they will not be paid. The patient will be responsible for payment to the pharmacy of this prescription as it does not meet the emergent guidelines set by the Atlanta VA Medical Center. The VA National Formulary may be accessed at:

http://www.vapbm.org/PBM/natform.htm

6. 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 contractor shall bill the VA Hospital monthly for services rendered. The VA will randomly audit all billings.

E. SCHEDULE FOR DELIVERABLES

If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed.

This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

F. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

http://www.vapbm.org/PBM/natform.htm

G. REPORTING REQUIREMENTS

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

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 Vendor

This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation.

H. PAYMENT

1. The contractor shall bill the VA Hospital monthly for services rendered. The VA will randomly audit all billings. All invoices will reference the following information:

• Contract Number,

• Patient name,

• Patient's social security number,

• Prescription number,

• Name of medication and NDC number of dispensed drugs,

• Contractor's charge

• Date prescription filled

2. The Atlanta VAMC will only pay for services performed and in strict accordance with the Schedule of prices/cost in the contract.

3. Invoices rendered by the Contractor to the VAMC for services furnished: VAMC patient of beneficiary shall be billed under the terms of this contract. The beneficiary, his insurer, or any third party shall not be billed.

4. VA beneficiaries shall not under any circumstances be charged nor their insurance 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.

I. 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.

J. CONTRACTOR EXPERIENCE REQUIREMENTS

1. Personnel assigned by the contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States of the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel may be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed in accordance with the requirements of the state in which the services are being provided. The contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this contract. The VA reserves the right to refuse employment under this contract or require dismissal from the contract work any contract employee whom, by reason of previous unsatisfactory performance at the VA.

2. Contractor will be required to create an account in the Talent Management System (TMS) and take the Privacy & HIPAA training course #10203, and the Information Security training also before being given access and annually thereafter.

3. The contractor shall provide the following for all personnel furnishing services under this contract:

• Workers’ compensation

• Professional liability insurance

• Health examinations

• Income tax withholding

• Social security payment

4. The parties agree that the contractor, its employees, agents, and subcontractors shall 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).

K. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

L. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

1. Information, including but not limited to veteran individually-identifiable information 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.

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 of 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.

3. ALL VA III AND PHI INFORMATION STORED ON BOTH VA AND NON-VA

EQUIPMENT MUST BE ENCRYPTED IN ACCORDANCE 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 Security Certification and Accreditation. Contractors and subcontractors shall document compliance and make the document available upon request of the Contracting Officer or COR. Contractor and subcontractors shall allow physical inspection by VA personnel to assess its physical and environmental security controls.

4. Contractor and its subcontractors must ensure that VA III and PHI is secure at all times and will ensure proper security is used on contractor or subcontractor computers with VA III and PHI information is stored. To avoid risk of loss of theft., VA III and PHI shall NOT be transferred by contractor or its subcontractors to paper, diskettes, CDs, DVD, USB flash drives, external computers drives, computer notebooks, home computers or any other medium, and shall NOT be removed for the contractor or 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 the VA for such transfer of data and secure encrypted transmission methods approved by 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

5. The contractor shall immediately (on the date of discovery of the incident) report any incident of theft, loss or compromise of VA sensitive information to the Contracting Officer, the Contracting Officer’s Representative, and any other VA Official designated by 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.

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

7. The contractor and third-party servicers accessing VA information sign the Contractor Rules of Behavior, the VA National Rules of Behavior do not need to be signed if the VA Contractor Rules of Behavior” are signed (VA Handbook 6500.6 Appendix D)

8. Background investigations of all contractors must adhere to the results of the PDAT per VA Directive and Handbook 0710, Personnel Suitability and Security Program.

9. Upon award, Contractor is required to enter and sign a Business Associate Agreement.

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

ACCESS AUTOMATED DATA PROCESSING FILES

The contractor will be required to design, develop, or operate system of records on individuals, to accomplish an agency function subject to the privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violations of the Act may involve the imposition of criminal penalties. The Contractor’s employee(s) are responsible for (1) protecting 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.

CONTRACT ADMINISTRATION DATA

1. 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 on adjustment will be made in the contract price to cover an increase in cost incurred as a result thereof

2. Contractor will be required to enter into a Business Associate agreement upon award of the contract or a copy of national BAA is attached with this paperwork. (See VHA HIA BAA template)

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 subcontractor personnel requiring the same access.

M. MONITORING

1. Upon contract award, the Contracting Officer will appoint a Contracting Officer’s Representative (COR) to assist with the contract monitoring requirement. The COR, VA Medical Center, Atlanta, GA shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

2. The 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.

3. Documentation 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 actually performed and in strict accordance with the schedule of prices/cost.

Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

N. DESIGNATION OF CONTRACTING OFFICER’S 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 Network Contracting Officer of record.

O. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS

The contractor shall assign to this contract the following key personnel

1. The contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing with 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (6.1.3) below.

2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the contracting officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer shall notify the Contractor with 15 days after receipt of all required information of the decision on the proposed substitutes. The contract shall be modified to reflect any approved changes of key personnel.

3. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive workdays or more, the contractor shall have comparable qualification to the key person. Any period exceeding two weeks shall require the procedure as stated above.

QASP- Quality Assurance Surveillance Plan- Pharmaceutical Service Contract - 2023

Performance Objective Performance Standard Acceptable Quality Level

Method of Assessment

Provides pharmacy services within a three-mile radius of clinic

Written notification received within 5 days of contract award or within 5 days of a change in POC

100% to standard

Written notification to Contracting Officer

Designate name and address of local servicing pharmacies within 10 days of contract award

Written Justification received within 10 days of contract award.

Written notification to Contracting Officer

Continuous high level of quality and professional services

Substantiated patient complaints of no more than 6 per year.

Substantiated provider complaints of no more than 3 per year.

99.99% to standard

Patient and provider complaints investigated and documented:

contractor advised of results

Compliance with refill policy

No refills without pre-authorization

Audit of invoices and supporting documentation

Compliance with approved medication list furnished by the

Contracting Officer

No non-approved medications issued without pre-authorization

Audit of invoices and supporting documentation

Monthly invoices submitted in accordance with contract terms

Invoices submitted with 60 days of service, to include total charges

Audit invoices and supporting documentation for the period. Include contract number

Monthly invoices supported by documentation in accordance with contract terms

The contractor shall bill the VA Hospital monthly for services rendered. The VA will randomly audit all billings. All invoices will reference the following information:

Contract Number, Patient name, Patient's social security number, Prescription number, Name of medication and NDC number of dispensed drugs, Contractor's charge

Date prescription filled

Audit invoices and supporting documentation

Invoice and supporting document transmission

Transmission by encrypted electronic means, due to sensitive patient information

Receipt of Documents

OFFEROR’S QUALIFICATIONS:

Technical acceptability will be based upon offerors’ submitting sufficient evidence of adequate equipment, personnel, and necessary experience to establish responsibility and integrity to meet the requirements of this contract. Any offeror, who does not have adequate experience, personnel and/or equipment, in the opinion of the Contracting Officer, will be rejected. To assist in this determination, offeror is required to furnish the following information:

A. Number of years’ experience performing the type of services indicated in the SOW

B. Number of personnel regularly employed on a full-time basis

**ALL factors must be rated ACCEPTABLE to be considered for award.

1. Technical Factors: Contractor to submit copies of the documentation listed below in order to be determined responsive.

• Offeror shall submit a Capabilities Statement

• Offeror shall submit proof of Liability Insurance

2. Relevant Experience/Past Performance: The Relevant Experience/Past Performance evaluation will assess the relative risks associated with offeror’s likelihood of success in performing the requirement as indicated by that offeror’s record of Relevant Experience/Past Performance.

• Offeror must provide at least three (3) customers of reference which shall demonstrate relevant past performance. These references shall contain name, address of facility, contact name, phone number, dates of service, and contract number, if applicable. The experience shall be of similar size and scope.

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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.