36C25024Q0222.docx

36C25024Q0222

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

Multiple Requisition No's PO Numbers: TBD 36C25024Q0222 01-11-2024 Miller, Teri

(317) 988-1543 02-08-2024 13:30

EST

36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis

IN

46240 X X 456110 $45.5 Million N/A X 36C250 Department of Veteran Affairs

VHA VISN 10

Multiple Medical Centers Please See SOW for Medical Center and facility information

36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis

IN

46240

Financial Management System P O Box 149971 Austin

TX

78714-9971 512-242-7300 N/A See CONTINUATION Page Contractor shall provide non-VA Pharmacies for first-fill and/or Urgent fill prescriptions for VA beneficiaries seen at VA Facilities, Community Based Clinics (CBOCs) & other facilities within VISN 10 in accordance with the Statement of work.

Period of performance: 4/1/2024 - 3/30/2025 with four (4) option years, exercisable at the Government's discretion.

This acquisition will be conducted using FAR 12 and FAR 13 procedures, under the authority of FAR 13.5.

The award shall be based on the best overall value to the Government using price, past performance, and technical factors as specified in Section E of this solicitation.

Questions are due no later than 1:30 PM EST on 2/5/2024.

All responses shall be emailed to Teri.Miller@VA.gov no later than 1:30 PM EST on 2/8/2024. Any quote not compliant with RFQ requirements will not be considered.

See CONTINUATION Page x X x Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 John M. Ryan

Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

Veterans Integrated Service Network Serving Indiana, Michigan, and Ohio (VISN 10) First or Emergent Prescriptions Fills for VA Beneficiaries seen at VISN 10 Medical Centers, CBOCs and Non-VA Clinics INTRODUCTION: VISN 10 has identified the need to have a non-VA pharmacy fill first and/or urgent prescriptions for Veterans Affairs (VA) beneficiaries seen at VA facilities and Community Based Outpatient Clinics (CBOCs) or non-VA locations throughout the VISN 10 catchment area. Urgent prescriptions to be filled under this contract are for medications that a VA beneficiary cannot wait to receive through the mail.

LOCATION OF SERVICES: The vendor will have a minimum of two (2) authorized pharmacies within ten (10) miles of the VA facilities and CBOCs listed below. However, it is preferred that the vendor have more than two (2) in all areas to provide patients with multiple choices.

Table 1 - List of VISN 10 Facilities

Lieutenant Colonel Charles S. Kettles VA Medical Center 2215 Fuller Rd Ann Arbor, MI 48105 POC information will be provided at contract award

Adrian, MI 49221

Flint, MI 48532

Ann Arbor, MI 48105

Howell, MI 48843

Michigan Center, MI 49257

Canton, MI 48187

Ann Arbor, MI 48108

Toledo, OH 43614

Battle Creek VAMC 5500 Armstrong Rd Battle Creek, MI 49037 POC information will be provided at contract award

Benton Harbor, MI 49022

Grand Rapids, MI 49503

Lansing, MI 48911

Muskegon, MI 49441

Wyoming, MI 49519

Chillicothe VAMC 17273 State Route 104 Chillicothe, OH 45601 POC information will be provided at contract award

The Plains, OH 45780

Cambridge, OH 43725

Lancaster, OH 43130

Marietta, OH 45750

Portsmouth, OH 45662

Wilmington, OH 45177

Cincinnati VAMC 3200 Vine St Cincinnati, OH 45220 POC information will be provided at contract award

Bellevue, KY 41073

Cincinnati, OH 45244

Greendale, IN 47025

Florence, KY 41042

Georgetown, OH 45121

Hamilton, OH 45011

Cincinnati, OH 45219

Norwood, OH 45212

Cincinnati, OH 45202

Louis Stokes VAMC 10701 East Blvd Cleveland, OH 44106 POC information will be provided at contract award

Akron, OH 44319

Canton, OH 44702

Youngstown, OH 44504

Cleveland, OH 44103

Cleveland, OH 44106

Mansfield, OH 44906

Calcutta, OH 43920

Willoughby, OH 44094

Sheffield Village, OH 44035

New Philadelphia, OH 44663

Parma, OH 44129

Ravenna, OH 44266

Sandusky, OH 44870

Akron, OH 44311

Warren, OH 44485

Chalmers P. Wylie Outpatient Clinic 420 North James Rd Columbus, OH 43219 POC information will be provided at contract award

Columbus, OH 43219

Newark, OH 43055

Grove City, OH 43123

Marion, OH 43302

Zanesville, OH 43701

Dayton VAMC 4100 West Third St Dayton, OH 45428 POC information will be provided at contract award

Lima, OH 45804

Middletown, OH 45005

Richmond, IN 47374

Springfield, OH 45503

John D. Dingell VAMC 4646 John R St Detroit, MI 48201 POC information will be provided at contract award

Detroit, MI 48202

Pontiac, MI 48341

Yale, MI 48097

Richard L. Roudebush VAMC 1481 West 10th St Indianapolis, IN 46202 POC information will be provided at contract award

Bloomington, IN 47403

Brownsburg, IN 46112

Indianapolis, IN 46222

Indianapolis, IN 46204

Indianapolis, IN 46216

Ortho Indy Foundation YMCA Indianapolis, IN 46254

Lafayette, IN 47905

Martinsville, IN 46151

Bloomington, IN 47403

Shelbyville, IN 46176

Terre Haute, IN 47803

Edinburgh, IN 46124

Northern Indiana

Marion 1700 East 38th St Marion, IN 46953

Fort Wayne 2121 Lake Ave Fort Wayne, IN 46805 POC information will be provided at contract award

Defiance, OH 43512

Huntington, IN 46750

Hoosier VA Clinic

1496 W Hoosier Blvd Peru, IN 46970

Jackie Walorski VA Clinic

1540 Trinity Place Mishawaka, IN 46545

VA Health Clinic

3401 N Morrison Street Muncie, IN 47304

VA Outpatient Annex

2500 E State Street Fort Wayne, IN 46805

Aleda E. Lutz VAMC 1500 Weiss St Saginaw, MI 48602 POC information will be provided at contract award

Bad Axe, MI 48413

Cadillac, MI 49601

Mackinaw City, MI 49701

Clare, MI 48617

Traverse City, MI 49685

Grayling, MI 49738

Alpena, MI 49707

Gaylord, MI 49735

Oscoda, MI 48750

Saginaw, MI 48603

Saginaw, MI 48603

VISN 10

Pharmacy Benefits Management (119)

POC information will be provided at contract award

SCOPE OF SERVICES/DESCRIPTIONS:

1. The vendor’s pharmacies will fill and dispense prescriptions that are written by a VA provider assigned to one of the CBOCs and/or the main facilities located throughout VISN 10. The pharmacies will also fill prescriptions written by providers contracted by the VA to provide patient care services. Prescriptions written by non-VA providers require pre-authorization by designated VA pharmacy staff. Each participating VA facility will be responsible for providing and maintaining the list of designated pharmacy staff with the ability to provide pre-authorizations.

2. The operating hours of most VA facilities and CBOCs are 8:00 a.m. to 4:30 p.m., Monday-Friday, at a minimum, excluding federal holidays. There are clinics with expanded operating hours including Saturdays. The vendor’s pharmacies will be available to fill prescriptions Monday through Friday during operating hours. A minimum of one pharmacy shall be available to fill prescriptions on Monday - Saturday from 9:00 a.m. until a minimum of 9 p.m.

3. Prescriptions will be written on a VA prescription form (or electronic equivalent). At the discretion of the VA facility or CBOC, prescriptions may also be faxed. VA beneficiaries will be identified as being approved for prescription services via this contract by a specific card, voucher, or other system mutually agreed upon by the VA and the vendor. Prescriptions written under this contract are only good for 48 hours. With continuously changing technology, the potential for electronic submission will be discussed annually with the vendor.

4. Prescriptions will be filled and dispensed only for medications listed on the specific facility formulary for this contract. Any medications not listed on the formulary require pre-authorization by designated VA pharmacy staff prior to filling. Each VA facility will be responsible for the creation and maintenance of their formulary list. The VA may update the formulary list as needed without contract modification.

5. Prescriptions will be filled and dispensed only for medications written by providers authorized by the VA. Each VA facility will be responsible for the creation and maintenance of their provider list. A process will be established with the vendor to add, remove, and/or change provider information, as needed, without modification of the contract. The vendor will have a method to immediately notify its contracted pharmacies of the updated provider information.

6. The vendor’s pharmacies will fill new prescriptions only. No refills will be authorized.

7. Most prescriptions will be limited to a maximum of ten (10) days. An antibiotic may be filled for up to a fourteen (14) day supply. The VA facility may set a different day supply for a specific patient and/or medication. Prescriptions written for more than a 10-day supply, with the exception of an antibiotic, require pre-authorization by designated VA pharmacy staff.

8. Facilities will have the option to expand the utilization of this contract during an emergency (i.e., natural disaster, un/planned downtime, national emergencies, etc.) and remove restrictions on the provider and formulary lists as deemed appropriate by the facility for a designated period of time without a contract modification. Facilities are responsible for being judicious in the use of this service during an emergency due to the difference in costs (VA versus contract) and send medications priority mail/overnight when possible.

9. Prescriptions filled under this contract will be for generic medications. Prescriptions will be filled with the least expensive medication the pharmacy has in stock. All generic medications used must be in compliance with Federal and State requirements. The VA will only reimburse for the brand name drug if no generic form of the drug exists in the marketplace.

The following table identifies all prescriptions filled on an urgent/emergent basis in support of the VISN 10 facilities during 9/1/2019 – 12/20/23. The numbers provided below are to be used for informational purposes only and are not indicative of any future performance and/or guarantees.

Table 2 – VISN 10 First Fill – Prescription Historical Data 9/2019 - 12/20/23

Chalmers P. Wylie VAACC (Columbus, OH)

John D. Dingell VAMC (Detroit, MI)

Aleda E. Lutz VAMC (Saginaw, MI)

10. VA beneficiaries will pick up prescriptions at the dispensing pharmacy. No prescriptions are to be mailed or delivered.

11. Veterans shall not be charged a prescription or medication co-pay by the vendor.

12. The VA facility may randomly audit prescription fills. The VA will have access during regular business hours, upon reasonable notice, to any written or electronic information deemed necessary to verify claim information, prescription volume, and the usual and customary charges to the general public for covered prescriptions. The vendor and/or the contracted pharmacy will make all VA prescription records and invoices available at the time of the audit. Representatives of the VA are authorized to visit the vendor’s site and/or the premises of any pharmacy filling VA prescriptions during regular business hours for the purposes of auditing and evaluation, which may include the inspection of clinical records. Inspection shall be limited to VA records.

13. The vendor’s pharmacy will have a means of documenting that the VA beneficiary picked up the prescription. This documentation must include pick-up date, prescription number, and signature. A copy of the documentation must be maintained with the vendor and/or at the contract pharmacy and be readily accessible for random VA audit.

14. Auxiliary labels will be affixed to the prescription as needed. The vendor’s contracted pharmacy will provide appropriate counseling and drug interaction sheets. The VA does not consider signing for a prescription to be appropriate counseling.

15. The reimbursement amount will be determined by the Average Wholesale Price (AWP) discounted by the applicable percentage plus the applicable dispensing fee. The total price charged to the VA will not exceed the price charged to the general public or the vendor’s lowest third-party reimbursement plan. All pricing information is to remain confidential. AWP pricing shall be at the time the prescription is filled at the pharmacy.

16. Average Wholesale Price (AWP) will be based on the current Pharmacy Fundamental Reference REDBOOK and REDBOOK updates published by the Medical Economics Data, Inc. The vendor will provide access to the REDBOOK throughout the contract term. If a vendor offers to use any other means of pricing, they will provide appropriate documentation similar to that of the REDBOOK AND ITS UPDATES. Award of a contract will not be made to any offeror who does not provide sufficient evidence to substantiate the fairness/reasonableness of their pricing.

17. The vendor shall submit monthly electronic invoices in arrears through the VA’s Tungsten Network portal: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/. There should be one invoice per VA facility broken down by facility and/or clinic.

18. The vendor shall contact the VISN Pharmacy points of contact whenever an item not on the facility formulary costing greater than $2,000 is requested.

19. The vendor shall provide monthly electronic reports (within ten (10) days following the last day of the month services were rendered) of prescriptions filled via email to the facility POC/COR, Pharmacy Chief, and VISN COR. The data should be provided in Excel or other similar format that allows the facility to sort and analyze the data. The data must be sent via a secure method that adheres to VA privacy and security regulations. There should be one report per VA facility broken down by facility and/or clinic. At a minimum, the report must include the following columns.

a. Patient name

b. Patient unique identification number

c. Prescription number

d. Medication name and strength

e. NDC

f. Quantity

g. Prescriber

h. Fill Date

i. Days Supply

j. AWP

k. Product Cost (Charge to the VA)

l. Dispensing Fee

m. VA Facility, Clinic, or CBOC

20. The vendor shall reimburse their contracted pharmacies within 30 days of receiving an invoice.

21. The vendor’s contracted pharmacies will keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized in writing and according to all applicable laws. The Privacy Act of 1974, Public Law 93-579, December 31, 1974 (USC 552a) applies to this procurement.

22. Pharmacies authorized to fill prescriptions under the vendor’s plan must agree to the following conditions:

a. Pharmacists will review allergy history with patients prior to filling prescriptions.

b. The vendor will report all adverse drug events reported by VA beneficiaries to designated VA pharmacy staff and the prescribing provider. This notification will be made via telephone followed by written notification.

c. The vendor will report all medication errors regarding VA beneficiaries to designated VA pharmacy staff and the prescribing provider. This notification will be made via telephone followed by written notification.

d. Pharmaceutical services provided to VA beneficiaries under this contract will meet all standards applicable to Medicaid recipients in the State where services are provided.

e. The vendor will continuously meet or exceed The Joint Commission medication management standards related to procurement, preparation, storage, dispensing, security, recall, and patient education. Additional information related to these standards is available at the Joint Commission website at www.jointcommission.org.

23. The Government reserves the right to add or remove any additional Medical Centers, CBOC’s or other facilities to the contract as they become available. Furthermore, the Government reserves the right to increase or decrease quantities to allow for fluctuations of client demand that are otherwise unknown at time of solicitation. The total contract value may increase up to 20% of the base award.

24. When new CBOCs are opened and services are needed, they will be added to this contract. The Contracting Officer will notify the vendor. The vendor will submit a listing of proposed pharmacies for that area to the facility point of contact or Contracting Officer Representative (COR). The Contracting Officer will approve additional pharmacies via a supplemental agreement to the contract.

25. No Cost Medications shall be reimbursed at a set administrative fee defined in the price cost schedule.

DELIVERABLES:

1. The contractor must have pharmacy locator list (with Map and address locator available on a website). The ability to enter a zip code and obtain a list of pharmacies available to Veteran is a MUST.

2. The vendor shall have a website accessible to the VA. The website should include a link to identify covered pharmacies that Veterans may use via this contract and a list of the items on the formulary for each participating VISN 10 location.

3. At least two (2) pharmacies will be located within ten (10) miles of each VA facility location identified and should be available or directed by the local facility.

4. The vendor shall provide individual vouchers for each location which include website that has a link to a pharmacy locator and a description of the process along with information for processing the prescription. The vendor should be appropriately identified on the voucher. Prior to implementation, the voucher will be reviewed and approved by the location.

5. The vendor shall provide a Disaster Response Plan and steps that the Government must take in order to activate and inactivate the contingency effort. The disaster plan should be implemented within eight (8) hours of request from the CO or COR. Additional funding will be within scope of this contract at rates set forth in the contract.

SECURITY REQUIREMENTS

1. The contractor, their personnel, and their subcontractors 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. 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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

b. 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.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of 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.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. 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.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

4. 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 COTR 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.

5. 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.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

i. Nature of the event (loss, theft, unauthorized access);

ii. Description of the event, including:

1. date of occurrence;

2. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

3. Number of individuals affected or potentially affected;

4. Names of individuals or groups affected or potentially affected;

5. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

6. Amount of time the data has been out of VA control;

7. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

8. Known misuses of data containing sensitive personal information, if any;

9. Assessment of the potential harm to the affected individuals;

10. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

11. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $ 37.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

i. Notification;

ii. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

iii. Data breach analysis;

iv. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

v. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

vi. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6. TRAINING

a. 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:

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

ii. Successfully complete the VA Cyber SecurityAwareness and Rules of Behavior training and annually complete required security training;

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

iv. 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.]

b. The contractor shall provide to the contracting officer and/or the COTR 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.

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.

B.3 PRICE / COST SCHEDULE

The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The guaranteed minimum of this contract is $50,000.00. The guaranteed amount shall be expended in the initial fiscal year in which this contract is awarded. The maximum total value of the contract, inclusive of the base year and all options exercised, shall not exceed $2,400,000.00. Individual task orders shall be funded annually. The Contracting Officer is the only authorized individual that can place annual task orders against this contract for the estimated amount of services for the specific timeframe, and the task orders shall be issued to the contractor. Offerors shall offer pricing for the entire estimated quantity for each CLIN.

Task order minimums and maximums are addressed in clause 52.216-19.

Some items listed below are estimated quantities: CLINS/SLINS 0001, 0002, 0003, 0004, and subsequent option year CLINS/SLINS.

Vendor shall invoice monthly, for ONLY actual services rendered. DO NOT perform other than those identified, unless the ACO has issued a modification to the contract to add a CLIN for that specific action.

Contractor shall invoice for actual performance and shall indicate CLINs/SLINS on all Tungsten Network invoices.

All Offerors shall fill out 24Q0113_Price-Cost Schedule.xlsx file and submit with their quote response.

ITEM INFORMATION

0.00

Generic prescription claims

0001AA

Lt. Colonel Charles S. Kettles VAMC (Ann Arbor, MI) and Supported CBOC's Estimated Average Cost was derived from estimated AWP divided by estimated quantities.

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025

0001AB

Battle Creek VAMC and supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AC

Chillicothe VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AD

Cincinnati VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals Contract Period: Base

0001AE

Louis Stokes VAMC (Cleveland, OH) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AF

Chalmers P. Wylie VAACC (Columbus, OH) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AG

Dayton VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AH

John D. Dingell VAMC (Detroit, MI) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AJ

Richard L. Roudebush VAMC (Indianapolis, IN) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AK

Northern Indiana Health Care System (Fort Wayne and Marion, IN) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0001AL

Aleda E. Lutz VAMC (Saginaw, MI) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G8 through G12).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0.00

Brand Name Prescriptions

0002AA

Lt. Colonel Charles S. Kettles VAMC (Ann Arbor, MI) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AB

Battle Creek VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AC

Chillicothe VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AD

Cincinnati VAMC Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AE

Louis Stokes VAMC (Cleveland, OH) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AF

Chalmers P. Wylie VAACC (Columbus, OH) and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AG

Dayton VAMC and Supported CBOC's

Offeror's are to provide discount from AWP (excel file cell G17 through G21).

Estimated Quantity, not to exceed, bill for actuals.

Contract Period: Base

0002AH

John D. Dingell VAMC (Detroit, MI) and…