36C25219A0015-001.pdf

08/28/2019

08/28/2019

FSS Contract Number: 36F79718D0454

BPA Number: 36C25219A0015

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

B.2 GENERAL TERMS

B.3 AUTHORIZED INDIVIDUALS

B.4 SECURITY & PRIVACY CONTROL

B.5 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:

B.6 PRICING ESTIMATES

B.7 STATEMENT OF WORK

B.8 OBLIGATION OF FUNDS

SECTION C - CONTRACT CLAUSES

C.1 FSS ORDER INTRODUCTORY LANGUAGE

C.2 MANDATORY WRITTEN DISCLOSURES

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

C.5 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

C.6 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

A. CONTRACTOR: CAREFUSION SOLUTIONS, LLC (Contractor’s Name)

3750 Torrey View Court (Address)

San Diego, CA 92310-2635 (City-State-Zip)

Tom Norman / Sr. Contract Consultant (Point of Contact / Title)

858-617-3202 (Phone Number) thomas.norman@bd.com (E-Mail Address)

80-139-7204 (DUNS Number)

20-8837112 (Federal Tax ID)

36F9718D0454 (FSS Contract Number)

B. GOVERNMENT: Thomas H. Chesak - Contracting Officer NCO-12

Great Lakes Acquisition Center

115 S. 84th Street, Suite 101

Milwaukee, WI 53295

(414) 844-4813 thomas.chesak@va.gov

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.

3. INVOICES: Invoices shall be submitted monthly in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012).

b. UPON ACCEPTANCE OF ITEMS.

c. Reference the contractor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided quantity, unit price, and total invoice amount. Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2012).

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF

SUBMISSION FOR PAYMENT REQUESTS

For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135.

* Tungsten e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>.

* FSC e-Invoice Contact Information: 1-877-353-9791.

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>.

Vendor inquires: Toll Free Number 1-877-353-9791 / E-mail Address:

www.fsc.va.gov/fsc/vendors.htm mailto:VA.Registration@ob10.com http://ob10.com/ mailto:vafsccshd@va.gov http://va.gov/ http://www.fsc.va.gov/fsc/vendors.htm

5. AUTHORITY: In accordance with FAR 8.404, FAR 8.405-3 and FAR 8.405-6.

6. DATE OF AWARD: For the purposes of this BPA, the date of award will be the date upon which both signatures, Contractor and Contracting Officer, are completed. The effective date for this BPA is

September 1, 2019.

B.2 GENERAL TERMS

The BPA is subject to the duration of the contractor’s current Federal Supply Schedule (hereinafter FSS)

Contract.

All products and services ordered under this BPA, placed against the Federal Supply Schedule Award

Contract(s), are subject to the terms and conditions of the FSS contract. This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by authorized individuals.

2.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this BPA. The Contractor shall communicate with the Contracting Officer on all matters pertaining to BPA administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this BPA. In the event the Contractor effects any such change at the direction of any person other than the Contracting

Officer, the change shall be considered to have been made without authority and no adjustment will be made in the BPA to cover any increase in cost incurred thereof.

2.2 BASIS OF AWARD

Determination has been made this procurement will be fulfilled by sole sourcing a single award BPA with

CAREFUSION SOLUTIONS, LLC, utilizing FSS Contract 36F79718D0454, i/a/w: FAR 8.405-6.

2.3 TYPE OF CONTRACT:

The VA anticipates a Firm-Fixed Price Single Award BPA based on the contents of this solicitation. The contractor shall propose a fixed amount for CLINS.

2.4 HOURS OF COVERAGE

Normal hours of coverage are Monday through Friday from 8:00 am to 5:00 pm, excluding holidays.

Federal Holidays observed by the VA are:

New Years' Day Labor Day - Martin Luther King Day - Columbus Day - Presidents' Day -

Veterans' Day - Memorial Day - Thanksgiving Day - Independence Day - Christmas Day

1. Also included would be any other day specifically declared by the President of the United

States to be a National Holiday.

2. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

2.5 IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS

The Contractor's employees shall wear visible identification always while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VA.

Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

Violations of VA regulations may result in citation answerable in the United States (Federal) District

Court, not a local district, state, or municipal court.

2.6 DELIVERY INSPECTION AND ACCEPTANCE

All deliverables shall be delivered FOB DESTINATION. Price is all inclusive of all charges associated with the services being provided. Inspection and acceptance shall be accomplished as follows: The

Government, for all deliverables furnished under any resulting order, hereby designates the facility point of contact Kimberly Bell at the Clement J. Zablocki VAMC and the Milo C. Huempfner Green Bay

Community Based Outpatient Clinic (CBOC) as the point of contact for the final inspection and acceptance.

2.7 MISCELLANEOUS REPORTING

Required registration with contractor performance assessment reporting system (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs

(VA) evaluates contractor past performance on all contracts that exceed the thresholds outlined in FAR

Part 42.15, and shares those evaluations with other Federal Government contract specialists and procurement officials through the Past Performance Information Retrieval System (PPIRS). The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to the posting of each report. To fulfill this requirement VA uses an online database, the Contractor

Performance Assessment Reporting System (CPARS). The CPARS database information is uploaded to the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. Each contractor whose contract award is estimated to exceed the thresholds outlined in FAR

Part 42.15 is required to provide to the contracting officer contact information for the contractor’s representative with their response to the solicitation. The contractor is responsible to notify the contracting officer of any change to the contractor’s representative during the contract performance period. Contractor’s representative contact information consists of a name and email address.

The Government will register the contract within thirty days after contract award. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Intermediate reports will be filed each year until the last year of the contract, when the final report will be completed. Each report shall be forwarded in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have thirty days to submit any comments and return the report to the VA contracting officer. Failure by the contractor to respond within those thirty days will result in the Government’s evaluation being placed on file in PPIRS without contractor’s comments.

2.8 PRODUCT MODIFICATION, REMOVAL OR RECALL

If any product awarded under this BPA requires modification, is removed or recalled by the Contractor or manufacturer, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

A. Notify the Contracting Officer, in writing, by the most expeditious manner possible. Provide two copies of the notification which shall include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers and the contract number of this BPA.

(2) Reasons for modifications, removal or recall.

(3) Necessary instructions for return for credit, replacement or corrective action.

Contractor shall be responsible for any costs associated with the above.

B.3 AUTHORIZED INDIVIDUALS

3.1 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this agreement is:

Thomas Chesak - Contracting Officer NCO-12

Great Lakes Acquisition Center

115 S. 84th Street, Suite 101

Milwaukee, WI 53295

(414) 844-4813 thomas.chesak@va.gov

The point of contact at the Clement J. Zablocki VAMC and the Milo C. Huempfner Green Bay CBOC for this agreement is:

Kimberly Bell - Associate Chief of Pharmacy Operations

(414)384-2000 ext. 41153 kimberly.bell@va.gov

B.4 SECURITY & PRIVACY CONTROL

Appropriate background investigation level is: NACI

Contractor will also need to sign the Rules of Behavior and a Non-Disclosure agreement.

1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/sub-contractor 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.

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.

2. VA INFORMATION CUSTODIAL LANGUAGE

HIPPA Compliance Statement:

Department of Veterans Affairs is fully compliant with the HIPAA Standards for Privacy, Electronic

Transactions and Security (including the HITECH Act and the Omnibus Rule of 2013). Department of

Veterans Affairs has implemented policies, processes, and procedures designed to ensure compliance with

Federal and State information security laws, regulations, rules and monitors ongoing compliance efforts and maintains various reporting mechanisms that are required by law or requested by its customers.

Department of Veterans Affairs recognizes that it is a key business partner with its customers and will continue to provide all of its various programs and services in accordance with the relevant requirements of all state and federal laws and regulations, including, as applicable, HIPAA.

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 contractor/ 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.

3. 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.

4. 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:

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

(2) Description of the event, including:

(a) date of occurrence;

(b) 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 $35.00 dollars for each user breach.

5. 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:

(1) 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;

(2) Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA Privacy training and annually complete required privacy training; and

(4) Successfully complete any additional Information Security/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.5 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:

(SF 1449, Continuation of Blocks 19 – 24)

The Contractor shall provide all Pharmacy Automated Dispensing Cabinets, including support services, necessary to replace those at the end of life, in addition to new ones required for the Clement J. Zablocki

VAMC and the Milo C. Huempfner Green Bay CBOC.

This Pharmacy Automated Dispensing Cabinets BPA shall have a base period of 1-year, plus four 1-year option periods. The exercising of the option periods shall be at the Governments full discretion.

5.1 BASE PERIOD

PERIOD OF PERFORMANCE SEPTEMBER 01, 2019 – AUGUST 31, 2020:

Premium Drawers are the Cubie Drawers, that are secured, locked and with a lid.

Non-Premium Drawers are open matrix drawers.

Profiled is inclusive of software that interfaces with the Pharmacy Information System and allows the clinician access to only the meds that have been reviewed and approved by a pharmacist for that particular patient.

LINE

ITEM

Product

ID

Description UNIT

UNIT

PRICE

0001 306 7-Drawer Auxiliary Tower - 5-Premium Drawers EA $39,927.00

0002 303 6-Drawer Main - 3-Premium Drawers (profiled) EA $51,197.00

0003 303 6-Drawer Main - 3-Premium Drawers EA $40,007.00

0004 303 6-Drawer Main - 4-Premium Drawers (profiled) EA $53,557.00

0005 303 6-Drawer Main - 5-Premium Drawers (profiled) EA $55,916.00

0006 303 6-Drawer Main - 5-Premium Drawers EA $44,726.00

0007 303 5-Drawer Main w/ Bin - 2-Premium Drawers EA $36,753.00

0008 345 Smart Remote Managers EA $4,539.00

0009 306 Monthly Support for 7-Drawer Auxiliary Tower - 5-

Premium Drawers

MO $51.00

0010 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers (profiled)

MO $110.00

0011 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers

MO $106.00

0012 303 Monthly Support for 6-Drawer Main - 4-Premium

Drawers (profiled)

MO $110.00

0013 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers (profiled)

MO $110.00

0014 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers

MO $106.00

0015 303 Monthly Support for 5-Drawer Main w/ Bin - 2-

Premium Drawers

MO $106.00

0016 345 Monthly Support for Smart Remote Managers MO $20.00

5.2 OPTION YEAR ONE (1)

PERIOD OF PERFORMANCE SEPTEMBER 01, 2020 – AUGUST 31, 2021:

ITEM

Product

ID

Description UNIT

UNIT

PRICE

1001 306 7-Drawer Auxiliary Tower - 5-Premium Drawers EA $39,927.00

1002 303 6-Drawer Main - 3-Premium Drawers (profiled) EA $51,197.00

1003 303 6-Drawer Main - 3-Premium Drawers EA $40,007.00

1004 303 6-Drawer Main - 4-Premium Drawers (profiled) EA $53,557.00

1005 303 6-Drawer Main - 5-Premium Drawers (profiled) EA $55,916.00

1006 303 6-Drawer Main - 5-Premium Drawers EA $44,726.00

1007 303 5-Drawer Main w/ Bin - 2-Premium Drawers EA $36,753.00

1008 345 Smart Remote Managers EA $4,539.00

1009 306 Monthly Support for 7-Drawer Auxiliary Tower - 5-

Premium Drawers**

MO $51.00

1010 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers (profiled)**

MO $110.00

1011 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers**

MO $106.00

1012 303 Monthly Support for 6-Drawer Main - 4-Premium

Drawers (profiled)**

MO $110.00

1013 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers (profiled)**

MO $110.00

1014 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers**

MO $106.00

1015 303 Monthly Support for 5-Drawer Main w/ Bin - 2-

Premium Drawers**

1016 345 Monthly Support for Smart Remote Managers** MO $20.00

5.3 OPTION YEAR TWO (2)

PERIOD OF PERFORMANCE SEPTEMBER 01, 2021 – AUGUST 31, 2022:

Product

ID

Description UNIT

UNIT

PRICE

2001 306 7-Drawer Auxiliary Tower - 5-Premium Drawers EA $39,927.00

2002 303 6-Drawer Main - 3-Premium Drawers (profiled) EA $51,197.00

2003 303 6-Drawer Main - 3-Premium Drawers EA $40,007.00

2004 303 6-Drawer Main - 4-Premium Drawers (profiled) EA $53,557.00

2005 303 6-Drawer Main - 5-Premium Drawers (profiled) EA $55,916.00

2006 303 6-Drawer Main - 5-Premium Drawers EA $44,726.00

2007 303 5-Drawer Main w/ Bin - 2-Premium Drawers EA $36,753.00

2008 345 Smart Remote Managers EA $4,539.00

2009 306 Monthly Support for 7-Drawer Auxiliary Tower - 5-

Premium Drawers**

MO $51.00

2010 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers (profiled)**

MO $110.00

2011 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers**

MO $106.00

2012 303 Monthly Support for 6-Drawer Main - 4-Premium

Drawers (profiled)**

MO $110.00

2013 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers (profiled)**

MO $110.00

2014 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers**

MO $106.00

2015 303 Monthly Support for 5-Drawer Main w/ Bin - 2-

Premium Drawers**

2016 345 Monthly Support for Smart Remote Managers** MO $20.00

5.4 OPTION YEAR THREE (3)

PERIOD OF PERFORMANCE SEPTEMBER 01, 2022 – AUGUST 31, 2023:

Product

ID

Description UNIT

UNIT

PRICE

3001 306 7-Drawer Auxiliary Tower - 5-Premium Drawers EA $39,927.00

3002 303 6-Drawer Main - 3-Premium Drawers (profiled) EA $51,197.00

3003 303 6-Drawer Main - 3-Premium Drawers EA $40,007.00

3004 303 6-Drawer Main - 4-Premium Drawers (profiled) EA $53,557.00

3005 303 6-Drawer Main - 5-Premium Drawers (profiled) EA $55,916.00

3006 303 6-Drawer Main - 5-Premium Drawers EA $44,726.00

3007 303 5-Drawer Main w/ Bin - 2-Premium Drawers EA $36,753.00

3008 345 Smart Remote Managers EA $4,539.00

3009 306 Monthly Support for 7-Drawer Auxiliary Tower - 5-

Premium Drawers**

MO $51.00

3010 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers (profiled)**

MO $110.00

3011 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers**

MO $106.00

3012 303 Monthly Support for 6-Drawer Main - 4-Premium

Drawers (profiled)**

MO $110.00

3013 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers (profiled)**

MO $110.00

3014 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers**

MO $106.00

3015 303 Monthly Support for 5-Drawer Main w/ Bin - 2-

Premium Drawers**

3016 345 Monthly Support for Smart Remote Managers** MO $20.00

5.5 OPTION YEAR FOUR (4)

PERIOD OF PERFORMANCE SEPTEMBER 01, 2023 – AUGUST 31, 2024:

ITEM

Product

ID

Description UNIT

UNIT

PRICE

4001 306 7-Drawer Auxiliary Tower - 5-Premium Drawers EA $39,927.00

4002 303 6-Drawer Main - 3-Premium Drawers (profiled) EA $51,197.00

4003 303 6-Drawer Main - 3-Premium Drawers EA $40,007.00

4004 303 6-Drawer Main - 4-Premium Drawers (profiled) EA $53,557.00

4005 303 6-Drawer Main - 5-Premium Drawers (profiled) EA $55,916.00

4006 303 6-Drawer Main - 5-Premium Drawers EA $44,726.00

4007 303 5-Drawer Main w/ Bin - 2-Premium Drawers EA $36,753.00

4008 345 Smart Remote Managers EA $4,539.00

4009 306 Monthly Support for 7-Drawer Auxiliary Tower - 5-

Premium Drawers**

MO $51.00

4010 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers (profiled)**

MO $110.00

4011 303 Monthly Support for 6-Drawer Main - 3-Premium

Drawers**

MO $106.00

4012 303 Monthly Support for 6-Drawer Main - 4-Premium

Drawers (profiled)**

MO $110.00

4013 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers (profiled)**

MO $110.00

4014 303 Monthly Support for 6-Drawer Main - 5-Premium

Drawers**

MO $106.00

4015 303 Monthly Support for 5-Drawer Main w/ Bin - 2-

Premium Drawers**

4016 345 Monthly Support for Smart Remote Managers** MO $20.00

** = This pricing is based upon the Federal Supply Schedule (FSS), current at the time of award. Pricing is subject to the potential increase in FSS pricing.

B.6 PRICING ESTIMATES

ESTIMATES

BASE PERIOD

Period of

Performance:

Start:

09/01/2019

Ends:

08/31/2020

OPTION YEAR 1

Start: 09/01/2020

Ends: 08/31/2021

OPTION YEAR 2

Start: 09/01/2021

Ends: 08/31/2022

OPTION YEAR 3

Start: 09/01/2022

Ends: 08/31/2023

OPTION YEAR 4

Start: 09/01/2023

Ends: 08/31/2024

$1,849,911.00

$397,769.00

ESTIMATED TOTAL VALUE OF BPA

$3,796,955.00

B.7 STATEMENT OF WORK

7.1 BACKGROUND

The Clement J. Zablocki VAMC and the Milo C. Huempfner CBOC needs updated automated dispensing cabinets (ADC), including support services, to replace the current cabinets which are at end of life.

Currently the facilities utilize the Pyxis Medstation 4000 system. Only the cabinets are being replaced.

The server and all software will continue to operate on the MedStation 4000 platform. In addition to continuing to use the MedStation 4000 platform, the current CII safe, single and double auxiliary towers will be maintained. The required cabinets shall be compatible with the Pyxis MedStation 4000 platform and auxiliary towers currently in use.

7.2 INTENT

The facilities need the ADCs for care of Veteran patients. Since the facilities currently utilize the Pyxis

Medstation 4000 system, it is in the best interest of the Government to establish a sole source BPA as the

ADCs utilized shall be fully compatible with the existing equipment and only the provider of the equipment, CAREFUSION SOLUTIONS, LLC, can provide the requirement, including support services.

Pursuant to Federal Supply Schedule (FSS), it is the intent to establish a Pharmacy ADC Blanket

Purchase Agreement (BPA) for the cabinets. The award of this BPA is pursuant to Federal Supply

Schedule (FSS) FSC Group 65, Part II A (Medication and Supply Packaging and Dispensing Equipment and Federal Acquisition Regulation (FAR) 8.404 authorizing the establishment of a BPA to the FSS contract holder offering the ‘best value’ to the Government. The Government will award a BPA to a single contractor for the ADCs. Contractor agrees to the following terms of the BPA exclusively with the

Clement J. Zablocki VAMC and the Milo C. Huempfner Green Bay CBOC.

7.3 SUPPORT / PREVENTIVE MAINTENANCE SERVICES

At the request of the facility, CareFusion shall perform on-site preventative maintenance and analysis of

Pyxis Products once every two (2) years. Worn or defective parts shall be replaced when necessary, as per manufacturer’s specifications; with the exception of hard drives or other devices storing patient identifiable information which shall be left on site. Preventive maintenance inspections shall be scheduled at least three (3) days in advance with the facility point of contact. Support also includes all necessary intervening service calls required to replace any worn or defective part needed due to instrument failure.

The VA shall try to resolve any problem first before calling the Contractor.

Support / Preventive Maintenance Services included "Instruments and Accessories" means those instruments or accessories made or approved by Pyxis for use with the Pyxis “System”, meaning all items comprising all Pyxis equipment, certain hardware components (“Hardware”), software program elements

(“Software”) and related documentation (“Documentation”), that Government may purchase and license hereunder. Contractor shall use parts sourced by Contractor, which may, at Contractor's discretion, include reconditioned parts, (“Equivalent to New” or “ETN”). ETN parts are components, assemblies, or partial products which have had prior usage, but have been inspected, reworked, and tested as required so that their function, performance, and appearance shall be essentially equivalent to that of new parts.

Regardless of whether parts are new or ETN, Contractor’s appropriate warranties apply. The contractor shall provide on-site field service necessary to keep the Pyxis Products and CareFusion’s side of any interfaces (collectively, the “Pyxis System”) performing in accordance with the material specifications of the applicable user manuals (“Properly Performing”).

Contractor shall:

(A) Adjust parts on the System from time to time;

(B) Repair System operational malfunctions;

(C) Replace all CUBIE Pockets that fail to work for any reason other than external cause

(D) Replace and install Software, Hardware, and mechanical equipment for safety and reliability;

(E) Provide twenty-four (24) hours per day, seven (7) days per week (24 x 7) remote diagnostic testing and support by qualified service personnel;

(F) Provide and install Software upgrades for feature enhancements. Software upgrades and Service with respect to additional equipment not included as part of the System as originally delivered to VA may be subject to separate terms to be agreed upon by the parties;

(G) Perform System preventative maintenance inspections as necessary to maintain factory specifications

7.4 ADDITIONAL SERVICES

Contractor guarantees all equipment covered in this BPA shall be in optimum working condition at the

BPA expiration date provided that the Contractor is notified of any deficiencies at least one (1) day before the BPA expiration date. Any changes, updates or retrofits made on any component or system shall be reported to the facility point of contact or designee for annotation on station equipment manuals and records. For any service call made during normal working hours, the Contractors’ technician shall report their arrival and departure as outlined below (7.8). Contractor shall include, at no extra charge, any engineering and software update necessary for continued optimum operation of the equipment listed in this BPA. The Contractors’ technician shall complete a service report, in writing, after each service call

(emergency or scheduled) and submit either a hard copy or an electronic version of this report to the facility point of contact or designee within 5 days after the service day.

7.5 PERFORMANCE AND RESPONSE TIME

1. The Contractor shall respond to service calls, within eight (8) hours. This requirement for response time shall be the same for both services calls during the VA normal business hours and after-hour service calls.

2. All work shall be performed by competent, experienced and factory-trained to work on the specific equipment. All work performed shall be accomplished in accordance with manufacturer’s instructions, including but not limited to adjustments, calibrations, cleaning, lubricating, testing, disassembly, check-out, replacement of worn or defective parts, etc., required to keep the equipment in first-class operating condition. All work shall be performed to the satisfaction of the facility point of contact who shall inspect the technician’s work and indicate approval on a signed statement prior to the technician’s departure from the premises.

3. Service calls during the VA normal business hours and related to malfunctions not successfully preempted by preventive maintenance services shall be at no additional cost to the Government. Repair service calls shall not take time away from preventive maintenance and other requirements required under this contract.

4. The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc.

7.6 OTHER SERVICES

In addition to covered services, Contractor shall provide equally responsive, competent service for additional work on covered equipment when requested by the VA, during regular business hours or after hours, which shall be paid via separate purchase order at a pre-determined cost if unrelated to maintenance requirements of the BPA. No work shall be performed prior to obtaining approval and a new purchase order number.

7.7 DOCUMENTING

a) The Contractor shall maintain a separate maintenance record on each piece of equipment covered under this BPA. All maintenance records shall be readily available anytime upon request for inspection by the

Contracting Officer, facility point of contact or designee. The maintenance record is the property of the government and shall be turned over to the Government at the end of the BPA. The maintenance record shall be a chronological file that includes the following information:

(1) Date

(2) Nature of work (i.e. PM or repair services)

(3) Description of work performed (contractor should be brief and concise)

(4) Any indication of problems experienced

(5) Initial or signature of technician performing work

7.8 PROCEDURE FOR REPORTING OF ARRIVAL AND DEPARTURE FOR ONSITE WORK

The Contractor’s representative shall report his arrival and departure for onsite work in accordance with the following procedure:

1. For Medstation service calls, the Contractor shall report to Pharmacy. Pharmacy personnel shall stay with the contractor until the work is complete. This will ensure the facility will always be aware of the

Contractor’s presence at the facility. For Supply service calls, the Contractor shall report to the Chief of

Logistics or designee. Response time shall be determined by the first appearance of a service representative at the appropriate office in response to a call.

2. Upon each departure, Contractor shall serve notice of disposition of work to the facility point of contact or designee. In addition, the Contractor shall furnish the Pharmacy point of contact or designee a copy of a work order, service sheet or other such written notification of services performed. Such reports shall include at a minimum the following information:

• Name and address of contractor

• Name of contractor employee(s) performing the work

• Date(s) work performed, and hours spent.

• Brief description of work performed, including preventive maintenance services and identification of equipment worked on.

• Signature of contractor’s employee(s) and signature of facility point of contact or his designee.

• If the report is not submitted, it will indicate to the Government that no inspection or maintenance was performed, and payment may be withheld and/or delayed.

7.9 ORDERS

All products ordered under this BPA, placed against the Federal Supply Schedule Award Contract(s), are subject to the terms and conditions of the FSS contract. This BPA does not obligate any funds. The

Government is obligated only to the extent of authorized orders issued under the BPA.

7.10 ESTIMATED QUANTITIES

The Government estimates the below quantities but does not guarantee volumes as listed; they are estimates ONLY.

ID Description

Estimated

Quantity Base

Year

Estimated

Quantity

Option Year 1

Estimated

Quantity

Option Year 2

Estimated

Quantity

Option Year 3

Estimated

Quantity

Option Year 4

7-Drawer Auxiliary

Tower - 5-Premium

Drawers 2 1 1 1 1

6-Drawer Main - 3-

Premium Drawers

(profiled) 1 1 1 1 1

6-Drawer Main - 3-

Premium Drawers 2 1 1 1 1

6-Drawer Main - 4-

Premium Drawers

(profiled) 3 1 1 1 1

6-Drawer Main - 5-

Premium Drawers

(profiled) 19 2 2 2 2

6-Drawer Main - 5-

Premium Drawers 2 1 1 1 1

5-Drawer Main w/

Bin - 2-Premium

Drawers 4 1 1 1 1

Smart Remote

Managers 27 2 2 2 2

Monthly Support for

7-Drawer Auxiliary

Tower - 5-Premium

Drawers

24 12 12 12 12

Monthly Support for

6-Drawer Main - 3-

Premium Drawers

(profiled)

12 12 12 12 12

Monthly Support for

6-Drawer Main - 3-

Premium Drawers 24 12 12 12 12

Monthly Support for

6-Drawer Main - 4-

Premium Drawers

(profiled)

36 12 12 12 12

Monthly Support for

6-Drawer Main - 5-

Premium Drawers

(profiled)

228 24 24 24 24

Monthly Support for

6-Drawer Main - 5-

Premium Drawers 24 12 12 12 12

Monthly Support for

5-Drawer Main w/

Bin - 2-Premium

Drawers

48 12 12 12 12

Monthly Support for

Smart Remote

Managers 324 24 24 24 24

7.11 TERM OF BPA

This will be a single award, firm-fixed price BPA with one base year and four, one year options and shall be effective for the term of the FSS Contract including additional FSS extensions. The Contractor is required to immediately notify the Contracting Officer (CO), in writing, if at any time the FSS contract upon which this BPA is based, is no longer in force. In addition, where a new FSS contract replaces

Contractor’s current FSS contract, the resulting BPA may be reassigned under the new FSS contract for the remaining term of the BPA with written agreement between Contractor and the contracting officer.

This BPA is not a contract. This BPA shall be reviewed annually. The Government intends to establish the base year of the agreement as September 01, 2019 through August 31, 2020.

PERIOD OF BPA PERFORMANCE:

BASE YEAR: 09/01/2019 to 08/31/2020

OPTION YEAR 1: 09/01/2020 to 08/31/2021

OPTION YEAR 2: 09/01/2021 to 08/31/2022

OPTION YEAR 3: 09/01/2022 to 08/31/2023

OPTION YEAR 4: 09/01/2023 to 08/31/2024

7.12 IDENTIFICATION

Delivery Orders issued shall be identified by their applicable FSS Contract Number and BPA Number.

FSS & BPA identification numbers are assigned through the VHA Procurement Activity: CO.

7.13 ADDRESSES FOR FACILITY DELIVERIES

The Pharmacy ADCs will be acquired for two (2) facilities. The facility where an item shall be delivered will be identified clearly on resulting delivery orders. The addresses for delivery at the facilities is listed below.

NAME OF FACILITY ADDRESS

Clement J. Zablocki VAMC (695)

5000 W. National Avenue

Building 111

Milwaukee, WI 53295

Milo C. Huempfner Green Bay CBOC (695) 2851 University Avenue

Green Bay, WI 54311

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds nor is the Government obligated to make any purchases under this

BPA. The Government is obligated only to the extent of authorized orders issued under the BPA by the

Contracting Officer.

SECTION C - CONTRACT CLAUSES

C.1 FSS ORDER INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all task or delivery orders issued under the contract. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of an order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the

FSS contract will take precedence.

C.2 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of…