36C24820Q0314-002.pdf

36C24820Q0314

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number is 36C24820Q0314. The solicitation is issued as a Request for Quotation (RFQ) to provide necessary personnel and equipment for the job to be performed. Contractor shall conduct a Wall to Wall inventory utilizing a barcode readers technology capturing the NDC/UPC of each item at the VA Caribbean Healthcare System, San Juan, Puerto Rico in accordance with the terms and requirements herein.

This solicitation is being conducted under FAR Part 13 Simplified Acquisition Procedures (SAP), FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items and FAR Part 12, Acquisition of Commercial Items.

This solicitation is set-aside based on an order of priority as established in 38 U.S.C. 8127. TIERED EVALUATIONS INCLUDING VETERANS OWNED SMALL BUSINESS (VOSB): This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns.

If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

All clauses and provisions incorporated in the solicitation are those in effect through the Federal Acquisition Circular, FAC 2020-04 Effective on 01-15-2020. This procurement is set-aside VOSB using tier evaluation based on an order of priority as established in 38 U.S.C 8127. The associated NAICS code is 561990, Product or Service Code: R499 and the small business size standard is $12 million.

A list containing the contract line item number(s), description, unit of issue and quantities (including option periods) is attached. Detailed specifications and requirements are provided in the attached Performance Work Statement (PWS) and associated documents.

The provision at 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018), applies to this acquisition. Addenda to this provision is applicable and contain the evaluation criteria and basis for award. The document is attached.

The provision at 52.212-2, Evaluation -- Commercial Items, is applicable to this acquisition. Evaluation and basis for award is contained in the amendment to 52.212-1.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (OCT 2018), with its offer or complete their representations online.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAY 2019), applies to this acquisition.

Questions Due Date: WEDNESDAY FEBRUARY 5, 2020 at 10:00 a.m. Atlantic Standard Time (AST).

Offers are due on WEDNESDAY FEBRUARY 12, 2019 by 10:00 a.m. AST. Prefer method of submittal is

Medina-Velazquez, Javier Doble check, you have 52.212-2 in the provisions via email to: Rafael.Rodriguez2@va.gov. Mailing and Physical address is: VA Caribbean Healthcare System (VACHS) Network Contracting Office 8, Admin Bldg. #440, Suite 456, 10 Casia Street, San Juan PR 00921-3201.

SECTION B - CONTINUATION

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 36C248 Rafael Rodriguez

Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

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] ANNUALLY- ONCE THE JOB IS COMPLETED

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 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

B.2 STATEMENT OF WORK (SOW)

I. SCOPE:

The Department of Veterans Affairs Caribbean Healthcare System (VACHS) has a requirement to perform an annual Wall to Wall inventory in Pharmacy including San Juan VAMC, Mayaguez and Ponce pharmacies by an independent party. According to VHA Handbook 1761.2. Inventories shall be performed on February of each year (2020; 2021; 2022; 2023; 2024)

II. GENERAL REQUIREMENTS:

Contractor shall provide the necessary personnel and equipment for the job to be performed.

Contractor shall conduct a Wall to Wall inventory utilizing a barcode readers technology capturing the NDC/UPC of each item, the number of pieces and price contracted/open market and should be rounded to the nearest 10th.

III. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

1. Contractor shall provide the handheld scanners needed to perform the inventory.

2. Contractor shall be capturing the barcodes use for the UPDC or NDC on the merchandise.

3. Contractor shall be capturing or entry the prime vendor (MCKESSON CORP.) price of the merchandise.

4. Contractor shall be capturing or entry the number of pieces of the items (if the product is open, the quantity should be estimated to the nearest 10th of a bottle)

(a) Items in the Inpatient Pharmacies (WP and BV) OS-PAC machines SHALL be counted. The Pharmacy department will provide the contractor with the data so the data can be included within the required reports.

(b) Items in the Outpatient Pharmacy Optifill APS machine canisters SHALL be counted. The Pharmacy department will provide the contractor with the data, so the data can be included within the required reports.

(c) Items in the Inpatient Parata machines SHALL be counted. The Pharmacy department will provide the contractor with the data, so the data can be included within the required reports.

(e) Bulk Intravenous solutions SHALL be counted. The contractor will be provided the pricing data by the Pharmacy department, so the data can be included within the required reports.

(f) Opened bottles of medication other than what is used for compounding must be estimated to the nearest tenth (10th) of a bottle.

(g) Unit dose PRE-PACKED items SHALL be counted (these are individual doses or small strip-packages of individual doses).

(h) Items in the Emergency Pharmaceutical Cache WILL NOT be counted.

(i) Prosthetic items in unopened containers with a cost over $500.00 SHALL be counted and the pricing data will be provided by the respective facility. Items in question are located at the Outpatient locations only.

(j) Controlled substances will be counted by the Pharmacy personnel only. However, the contractor will be provided the data by the Pharmacy department, so the data can be included within the required reports.

5. Contractor shall supply at the end of the inventory a report with the information collected.

6. Contractor personnel need to wear the company ID Badges at all moments during the inventory. Pharmacy personnel will serve as escort and assist the contractor if they found problems during inventory (price needed, NDC look up, etc.).

IV. POINT OF CONTACT

San Juan: Herminio Hernandez Administrative Officer - Pharmacy

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach.

Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-

Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of 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.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

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

c. 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.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.