36C25222Q0185 Virtual Pharmacy.docx

36C25222Q0185

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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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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

36C25222Q0185 12-27-2021 Antanette Shellaugh, Contracting Officer 414-844-4814 01-05-2022 13:00

CST

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476 X X 561320 $30 Million N/A X 36C676 Tomah Veterans Affairs Medical Center Department of Veterans Affairs 500 E Veterans Street Tomah

WI

54660 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page The Tomah VA Medical Center is seeking Virtual Pharmacy Services in accordance with specifications, terms, conditions, and pricing contained herein.

This is a 100% Small Business Set-Aside.

38 U.S.C. 513 X X one Antanette Shellaugh Contracting Officer Table of Contents

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION MATTERS WILL BE HANDLED BY:

a. Contractor’s Name/Address/City-State-Zip (please print or type):

Point of Contact/Title: ____________________________________________ Telephone Number: _____________________________________________ Fax Number: ___________________________________________________ Email: ________________________________________________________ Dun & Bradstreet Number: ________________________________________ Federal Taxpayer Identification Number: _____________________________

b. Government:

Patrice Bond, Contracting Officer Antanette Shellaugh, Contract Specialist

Department of Veterans Affairs Great Lakes Acquisition Center 115 S. 84th Street, Suite 101 Milwaukee, WI 53214-1476

Telephone: (414) 379-2540/ (414) 844-4814 Fax: (414) 844-4891 e-mail: Patrice.Bond@va.gov / Antanette.Shellaugh@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (31 U.S.C. 3332).

3. INVOICES:

Payments shall be made monthly in arrears upon receipt of a properly prepared invoice.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Corporation customer service may be contacted at 1-877-489-6135.

All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, provider name, unit price (flat hourly rate) and the total number of monthly scripts with the unit price. In addition, a detailed invoice shall be submitted to the COR detailing the services being billed by veteran and line item. Invoices shall also include any payment discount terms.

For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791.

4. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

5. POST AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes.

[End of Contract Administration Data]

B.2 SCHEDULE OF SERVICES/PRICE

AUTHORITY: This procurement is being conducted under the authority of 38 U.S.C. 513, Contracts and Personal Services. The Great Lakes Acquisition Center is contracting for these services in support of the Tomah Veterans Affairs Medical Center (VA), 500 East Veterans Street, Tomah, WI 54660.

PURPOSE: To provide professional inpatient pharmacy services for pending Urgent Care orders (inpatient and outpatient orders) during off tour hours for the Tomah VA.

Ordering Period: The estimated ordering period will be five (5) years with a start date of October 1, 2021. The quantities listed on the Price Schedule are the Government’s estimated annual volumes. The Government does not guarantee to order these quantities.

General Ordering Authority & Process: An order is deemed placed when a VA practitioner enters a prescription into the electronic health record for processing and verification during off-tour hours.

The resultant award will be a fixed price Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

General Ordering Authority & Process: An order is deemed placed when a VA practitioner enters a clinic or outpatient prescription order for an Urgent Care patient.

The Government’s guaranteed minimum to be ordered during the fiscal year in which the contract is awarded is $10,000.00. The Government’s contract ceiling amount is $100,000.00.

Pricing Instructions: Offerors are to provide firm-fixed (unit) pricing in accordance with the estimated annual volumes of Line Item Numbers (LINs) listed below for each Ordering Period.

In accordance with FAR Part 13.5 Simplified Procedures for Certain Commercial Items, the Great Lakes Acquisition Center is seeking a contractor to provide Virtual Pharmacy Services. As such, the Government will utilize simplified procedures for soliciting competition, evaluation, award documentation, and notification.

BASIS FOR AWARD: One award will be made to the offeror whose quote represents the best value to the Government considering price and non-price factors as listed in clause FAR 52.212-2 Evaluation-Commercial Items. Contract will be firm-fixed (unit) price by LIN.

The Government may award a contract on the basis of initial quotes received, without discussions. Therefore, each initial quote should contain the offeror's best terms from a price and technical standpoint. Instructions to offerors on price quotes and technical submissions are found under clause 52.212-1, ADDENDUM TO FAR 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS.

PRICE SCHEDULE

YEAR 1 – October 1, 2021 through September 30, 2022

LIN

DESCRIPTION

UNIT

PRICE

ESTIMATED TOTAL

YEAR 2 – October 1, 2022 through September 30, 2023

UNIT

PRICE

ESTIMATED TOTAL

YEAR 3 – October 1, 2023 through September 30, 2024

UNIT

PRICE

ESTIMATED TOTAL

YEAR 4 – October 1, 2024 through September 30, 2025

UNIT

PRICE

ESTIMATED TOTAL

YEAR 5 – October 1, 2025 through September 30, 2026

UNIT

PRICE

ESTIMATED TOTAL

ESTIMATED GRAND TOTAL – 5 Years: $________________

[End of SCHEDULE OF SERVICES AND PRICE]

B.3 STATEMENT OF WORK

1. Contractor shall provide professional virtual pharmacy services to complete pending clinic and outpatient prescription orders in the Urgent Care Department (including on-call availability) of the Tomah VA during off tours when the inpatient pharmacy is not staffed. Contractor shall provide enough licensed Pharmacists to perform remote prescription order review/order entry services for inpatient pharmacy services. This includes the professional review and problem solving needed to assure safe and appropriate medication processing. The contractor shall provide pharmacists, technical support personnel, medical and telecommunication equipment, supplies, and supervision necessary to perform and implement virtual pharmacy services to meet the needs of the Tomah VA. The contractor must be a U.S. based corporation capable of providing remote pharmacy services to be completed via secure web-based system provided by the contractor.

2. Duties and responsibilities include, but are not limited to the following:

A. Medication orders shall be verified by the pharmacist(s).

B. The pending orders queue (PENDING/NON-VERIFIED ORDERS) shall be checked every 15 minutes. All pending orders shall be verified within 15 minutes of the order being entered into the queue. Order verification is required within 15 minutes or less with a performance level >=90%. Orders that are urgent should also be finished after pharmacist is notified of need by Urgent Care staff.

C. Contracted pharmacist shall be available during scheduled hours to receive calls from Urgent Care to review/verify orders and to answer clinical questions.

D. Contracted pharmacist shall be available by phone for emergency orders/consultation. emergent medication needs. Emergent medication orders must be processed within 10 minutes of contact.

E. Contracted pharmacist shall evaluate each prescription for drug-drug interactions, contraindications for recorded drug allergies, appropriate doses, appropriate indication, and accurate directions and assure the final order will be understandable to the VA nurses administering medication. Pending medication orders not meeting standards for completeness, restrictions, lacking clinical information and those requiring consults will be clarified with the prescriber prior to processing.

F. Contracted pharmacist will enter correct dose/units of use. No more than one incident per quarter of noncompliance.

G. Contracted pharmacist/computer system must be available >= 95% of the time.

a. Using formulary information provided by Tomah VA, the pharmacist will review pending orders and make efforts to utilize formulary agents. If efforts are not successful, the order will be processed, and follow-up actions will be taken by the facility.

b. Access to the VISTA computer system is required, and virtual pharmacists will have to meet all information security requirements as required by the Department of Veterans Affairs.

c. Pharmacists must have knowledge of the VA Formulary and the VISTA computer system. Pharmacists must also have a working knowledge of the processing requirements for proper completion of medication orders, understand and be competent in accessing CPRS to read notes, check labs, etc. prior to completing prescriptions that have questionable doses, special needs, etc.

d. Contract pharmacist shall evaluate the patient’s age and health status-related vulnerability to illness by assessing the patient for the following:

i. Drug interactions

ii. Slowed metabolism by the liver

iii. Renal function decline

iv. Altered end-organ effects

v. Undesirable drugs for older patients

e. The VA will not provide laptops, computers or any electronic equipment to the virtual pharmacist services. However, appropriate access to VISTA and CPRS systems will be made available.

f. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

g. The work will be performed remotely.

i. VA sensitive data shall not be stored on hard drives or a non-VA network.

ii. Contractor shall notify the VA upon termination of employees serving the VA.

iii. Contractor’s employees shall sign into the system at least every 30 days to keep accounts active.

3. IMAGE AND DATA TRANSMISSION AND SECURITY:

A. System Connectivity. The contractor shall utilize a site-to-site VPN with the Department of Veterans Affairs that has received the required approvals from the VA Enterprise Change Control Board. All required/supporting documentation including but not limited to Memorandum of Understanding and Interconnected Security Agreement shall be completed with appropriate signatures and shall be updated as changes occur.

B. The contractor shall provide and maintain the means for enabling and maintaining system connectivity. The contractor shall install and maintain external communication systems required for secure, VA-compliant image and data delivery to its pharmacists and shall configure, install and maintain all remote workstation software at its pharmacists’ reading stations. Routine and recurrent preventive maintenance inspections shall be the responsibility of the contractor. The contractor shall expeditiously provide all requested information to the Tomah VAMC Information Security Officer (ISO), Chief, Information Manager, and the COR – before contractor is able to provide services.

C. The contractor shall comply with all VA information security requirements including initial and annual security awareness training, background checks, and using equipment that meets VA security standards. The contractor shall conform to all Rules of Behavior set forth by Office of Cyber & Information Security (OCIS). To have remote access, contractor shall apply for and install the One-VA VPN. The contractor shall apply for network access and sign Rules of Behavior/Security Agreement. No costs for modifications/upgrades of equipment, additional equipment or software that may be required shall be incurred by the VA.

D. Tomah VAMC shall provide a point-to-point connection via T1 line or VPN access to the contractor’s location. Tomah VAMC shall provide a firewall (for VA protection only) to the connection if needed. If a firewall is needed for the contractor side, the firewall shall be the responsibility of the contractor.

E. The contractor shall provide telephone numbers and contact persons to be used by Tomah VAMC for inquires and problem solving at the time of contract award and whenever there is a change. The contractor shall provide the names and telephone numbers of technical directors and pharmacists available for consultation. This listing shall be updated and always available.

F. The contractor shall secure and maintain the communications link between the contractor’s facility and the VA at the contractor’s expense.

G. Due to the confidential nature of patient information, services that are completed within the contractor’s office or home facilities (if the contractor provides services from the home) shall employ a security system adequate to maintain confidentiality.

H. The connectivity/functionality shall be approved and verified by the COR, OI&T and ISO prior to acceptance. The contractor shall be responsible for any costs associated with connectivity to VA System, to include configuring the system for connectivity to the VA and/or any costs incurred on the contractor’s side.

I. Contraction shall provide VA with all identifiable VA patient treatment records or other information in its possession, as well as any copies made within seven (7) calendar days of the completion of the contract.

J. Upon completion of the contract, VPN software shall be removed from the contractor’s equipment. All network accounts will be disabled.

[End of Statement of Work]

B.4 SPECIAL CONTRACT REQUIREMENTS

1. SERVICES

a. The services specified herein may be changed by written modification to this contract. The VA Contracting Officer will prepare the modification (reference FAR clause 52.212-4(c), Changes) and, prior to becoming effective, shall be properly executed. Only the Contracting Officer is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

b. This is a non-personal services contract as defined in FAR 37.101. There is no employer-employee relationship between the Government and the contractor or the contractor’s employee(s). Contractor personnel are not subject to the supervision and control of a Government officer or employee. Rather, contractor personnel perform their duties in accordance with the Statement of Work. Supervisory functions such as hiring, firing, directing, and counseling of contractor personnel are not performed by the Government. The healthcare provider who furnishes services under this contract is subject to Government technical oversight of the services. The Government retains the right to reject services for contractual non-performance.

c. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered.

d. Contractor is required to maintain medical liability insurance for the duration of this contract. Medical liability insurance must cover the provider for services in all states where services are rendered by the provider.

e. The services to be performed by the contractor will be performed in accordance with VA policies, procedures, regulations, and the medical staff bylaws of the VA facility (copies and/or links will be provided upon request). In all cases, dignity of the patient shall be given the highest regard and the precepts of the American Hospital Association’s “Bill of Rights for Patients” shall be observed.

f. Contractor shall provide the required services listed herein throughout the contract period. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

g. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

2. TERM OF CONTRACT

The contract is effective for an ordering period of five (5) years from the effective date of award.

Availability of Funds During a Continuing Resolution: At the beginning of each new fiscal year (October 1st) the federal government or parts thereof may be operating under a Continuing Resolution (CR) and only be funded for a limited period of time rather than for the entire fiscal year. If, at any time, funds for this contract are provided under a CR, funds will only be available for performance under this contract up to and including the expiration date of the CR, and any extension thereof. The government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the government for any payment may arise for performance under this contract beyond the expiration date of the CR, and any extension thereof, until funds are made available to the contracting officer for performance and until the contractor receives notice of availability.

3. WORK SCHEDULE

The required hours of service are required during off-tour hours. The Virtual Pharmacist must perform services Saturday (7:00 a.m. – 5:00 p.m.), Sunday (11:00 a.m. – 5:00 p.m.) and all Federal Holiday Weekdays (3:30 p.m. – 5:00 p.m.).

3.1 FEDERAL HOLIDAYS

Contractor is required to provide services on Federal holidays.

The 11 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King’s Birthday (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Juneteenth Day (June 19th), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

4. QUALIFICATIONS OF PERSONNEL

a. Personnel assigned by the contractor to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia recognized by the National Association of Boards of Pharmacy. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director. The Contracting Officer will be notified prior to any changes in personnel. VA reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the contract. Contractor pharmacists who have current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action, or denied upon application will not be considered.

b. Pharmacist must have at least two (2) years of clinical practice experience.

c. Personnel assigned by the contractor to perform the services covered by this contract shall be proficient in written and spoken English (38 USC 7402).

d. Contractor’s assigned personnel must be computer literate as patient documentation is directly inputted in the patient’s electronic medical record. Proficiency in the use of the Veterans Health Information Systems and Technology Architecture (VISTA) system and the Computerized Patient Record System (CPRS).

e. Any new requirements for mandatory education and/or competency reassessment, which occur during the contract period must be completed by the individual contractor employee(s) within established timeframes.

5. CREDENTIALING AND PRIVILEGING

a. Credentials Requested: An application package will be provided by the Credentialing Coordinator and shall be completed by the providers working under this contract and returned within two weeks of receiving the application package. This includes: Facility-specific paperwork, curriculum vitae/resume, current references, signed release of information from candidate, licenses or certifications, competencies, statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and any additional credentialing forms.

Candidate will also be required to complete an application through the VetPro Internet process within two weeks of being enrolled in VetPro. Candidate will need to be enrolled in VetPro by VA personnel. The website address is: https://fcp.vetpro.org. Facility ID number is as follows: 676.

b. National Provider Identifier (NPI): Prior to starting work, the contracted individual or contractor must provide the VA with the contracted individual's National Provider Identifier (NPI) number. If the contracted individual does not have an NPI number he/she must make application and receive the number prior to beginning work at the VA. The website for an on-line application is: https://nppes.cms.hhs.gov/NPPES/Welcome.do. It may take up to a few weeks to receive the NPI number - so early application is advised. NPI number is required as part of the VetPro application.

c. In accordance with the requirements and procedures of the Health Care Quality Improvement Act of 1986 – title IV (Public Law 99-660), which established the National Practitioners Data Bank (NPDB), the facility director will ensure that all individuals who hold clinical privileges are properly screened through the NPDB.

6. APPROVAL OF CONTRACTOR PERSONNEL

The VA reserves the right to refuse acceptance of any contractor employee or subcontractor employee under this contract when that individual does not qualify under the requirements of VHA Handbook 1100.19 (https://www1.va.gov/vhapublications/publications.cfm?pub=2) and/or the specific VA Hospital/Medical Center Policy on Credentialing and Privileging or fails to perform at the proficiency level expected by the VA Facility Director.

In addition, VA reserves the right to restrict the services or require dismissal of any contractor employee or subcontractor employee under this contract if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, physical or verbal abuse, or other conduct resulting in formal complaints by the patient(s). Standards of conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and the Contracting Officer’s Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final decision maker on questions of acceptability is the Contracting Officer.

7. KEY PERSONNEL & PERSONNEL SUBSTITUTIONS

a. During the first ninety (90) days of performance, the Contractor shall make NO changes of key personnel unless the change is necessitated by the individual’s illness, death, or termination of employment or if mutually agreed upon by the Contracting Officer and the contractor. The Contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (b) below. After the initial 90-day period of the Contract, the Contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 15 days prior to making any permanent substitutions. The Contracting Officer must approve all substitutions.

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

c. Prior to rendering services, substitutes must be credentialed and privileged by the medical facility and obtain a medical staff appointment, in accordance with VA Bylaws, Rules and Regulations.

d. When computer systems/internet service are down, the contractors is responsible for providing a replacement Pharmacist to fulfil contract.

8. HHS/OIG

To ensure that the individuals providing services under the Contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (https://exclusions.oig.hhs.gov/) for each person providing services under this Contract. The listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. During the performance of this Contract the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. Any healthcare provider or entity that employ or enter into Contracts with excluded individuals or entities may have a Civil Monetary Penalty (CMP) imposed against them. By signing this offer, the Contractor certifies that all persons or entities listed in the contractor’s proposal have been compared against the OIG list and are NOT listed as of the date the offer was signed.

9. JOINT COMMISSION STANDARDS

Although Joint Commission accreditation is not required, the contractor shall perform the required work in compliance with Joint Commission Standards. A copy of these standards may be obtained from the Joint Commission on Accreditation of Healthcare Organizations, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

The Contractor will be responsible to ensure the contractor employees or subcontractors providing work on this contract are fully trained and completely competent to perform the required work. Contractor will gather all credentialing documents requested by the VA as well as any other documentation that the carrying out of this contract may require. However, the contractor is neither able to nor is the contractor required to make clinical competence determinations on behalf of the VA.

10. GUIDELINES

Contractor shall perform the functions required under this contract in accordance with the rules of medical ethics, federal, state and local laws, rules and regulations, Joint Commission, and American College of Clinical Pharmacy for communication and pharmaceutical services. The contractor shall not participate nor be a party to any activities, which conflict with federal and/or state guidelines. In the event the contractor encounters said conflicting situations, the contractor shall notify the COR or the Contracting Officer in writing to resolve such issues. The Contracting Officer will document and be responsible for resolution of any such situations.

11. PERSONNEL POLICY

a. The contractor shall be responsible for protecting the personnel furnishing services under this Contract. To carry out this responsibility, to the extent required by law, the contractor shall provide the following for these personnel:

· Workers’ compensation

· Professional liability insurance

· Health examinations/immunizations

· Income tax withholding, and

· Social security payments.

b. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

12. RECORD KEEPING SYSTEM - CONTRACTOR

Contractor must establish a record keeping system of contractor hours worked and scripts processed.

13. MEDICAL RECORDS

Clinical or other medical records of VA veteran patients treated by Contractor under this contract are VA records.

14. CONFIDENTIALITY OF PATIENT RECORDS

a. The contractor, as a VA provider, will assist in the provision of health care to patients seeking such care from or through VA. As such, the contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA provider for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the Contract, the contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

b. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of Claimants Records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of Certain Medical Records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. In addition, the following policies and laws are applicable to the services to be provided under this contract:

i. Computer Security Act of 1987, PL 100-235

ii. Privacy Act of 1974, 5 U.S.C. 552a

iii. Healthcare Insurance Portability and Accountability Act of 1996 (HIPAA)

iv. Fraud and Related Activity in Connection with Access Devices and Computers, 18 U.S.C. 1029-1030

v. Electronic Communications Privacy Act of 1986, PL 99-508

vi. U.S.C. 3301, Confidential Nature of Claims

vii. U.S.C. 3305, Confidentiality of Medical Quality Assurance Records

viii. U.S.C. 4132, Confidentiality of Certain Medical Records

c. The contractor shall comply with VA computer and end user security requirements:

i. Access only data for which the contractor has authorized privileges.

ii. Maintain confidentiality of sensitive data or information.

iii. Protect any assigned user ID’s, passwords, electronic signatures, and other access keys from disclosure.

iv. Secure sensitive printed information in approved storage containers when not in use.

v. Practice good housekeeping with equipment and work areas.

vi. Log off systems before leaving a computer unattended.

vii. Refrain from the illegal reproduction or use of copyrighted and licensed software.

viii. Utilize the data only to the need necessary to perform the requirements of this contract.

d. The contractor understands and agrees that the medical records of a patient and radiology reports generated are strictly confidential. Each person assigned to this contract shall be required to sign a confidentiality statement. Each person allowed access to the VISTA system shall sign an automated information security agreement annually.

e. MAINTENANCE AND TECHNICAL SUPPORT: Contractor shall provide maintenance on all contractor-provided equipment and installed systems. Contractor shall make provisions for the proper maintenance and functioning of associated equipment, facilities and fixtures as may reasonably be required by pharmacist to perform services hereunder. Provide after-hours support for problems with call-back periods not to exceed 30 minutes from the placement of a call for assistance.

f. UPTIME: Contractor shall provide a system that maintains at least a 95% uptime performance rate. Downtime shall not exceed 30 minutes per calendar week. VA personnel shall be notified immediately of any equipment malfunctions that would hinder the transmission of images. In the event of a system failure, contractor shall work cooperatively with the VA facility to remedy the situation as quickly as possible. The contractor will contact the following individual immediately when known connection issues are occurring:

Tomah VAMC, Admissions at 608-372-3971 x61751 to alert Chief of Pharmacy to service disruption and need for patient care coverage.

15. HIPAA COMPLIANCE

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the contractor will be required to enter into a Business Associate Agreement (BPA).

16. DESIGNATION OF CONTRACT REPRESENTATIVE

Name and contact information for the Contracting Officer’s Representative (COR) designated to represent the Contracting Officer will be provided at the time of contract award. The COR will furnish technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. The extent and limitations of this designation will be provided in the COR Delegation Memo.

17. CONTRACT PERFORMANCE MONITORING

a. The Chief, Pharmacy Service will provide professional evaluation of services. The COR will be responsible for verifying contract compliance. COR will designate appropriate VA personnel to monitor services through one or a combination of the following mechanisms:

1. Departments being served will monitor Contractor performance to ensure that services called for in the contract have been received by VA in a timely manner. The COR will be responsible for verifying contract compliance. Any incidents of Contractor noncompliance, as evidenced by the monitoring procedures, will be forwarded immediately to the Contracting Officer.

2. Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records are properly monitored. VA will pay only for services provided, and in strict accordance with the Price Schedule. Contract monitoring, and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

3. Tomah VA Chief, Pharmacy Service or designee, shall establish and maintain a record keeping system that will record the services performed by the contractor. A monthly review by VA will be completed to verify prescriptions were verified by the contracted pharmacist. Any incidents of contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting Officer.

4. The using service, through the COR, will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the Contract have been fulfilled as agreed. This summary evaluation will be submitted 20 days prior to expiration of contract (and/or prior to election of option renewals, if applicable).

b. Contractor's employee(s) may not certify bills for payment.

18. QUALITY ASSURANCE PROGRAM AND MONITORING

a. Monitoring: Contractor shall maintain a Quality Control Program for evaluating remotely verified prescriptions. This program shall comply with VA goals for meeting Joint Commission requirements and shall comply with applicable American College of Clinical Pharmacy guidelines. The program shall include systematic activities to monitor and evaluate the care delivered according to predetermined objective standards and to effect improvement as needed. Prescriptions will be randomly sampled and reviewed using a standardized QA template to measure variables including timeliness of verification and appropriateness of therapy. Data from these reviews will be collected monthly by the COR. Any deficiency’s notes will be reported to the Contracting Officer for appropriate action to be taken with the Contractor.

b. Reporting Performance Trends. The contractor shall inform VA promptly of any errors or significant deviations from accepted practice within 24 hours of discovery. Trend analysis shall be performed by the contractor on a quarterly basis and reported to the COR at VA.

c. Quality Control. The contractor's facilities, methodologies, and quality control procedures may be examined by the Contracting Officer or his (her) designee, at any time during the life of the contract.

d. Quality factors that VA may consider when monitoring quality of care may include, but are not limited to: patient medical records, availability of contract staff, security/privacy, and patient satisfaction.

e. Reporting Adverse Events. The contractor shall have an established program to monitor 100% of adverse events (including medication errors, drug reactions, or unusual situations in which the patient may be involved) associated with care of VA patients. The contractor shall collect and report the program information on a quarterly basis. The contractor shall notify the VA of adverse events (as defined above) involving VA patients during contracted services. The VA may review specific findings, conclusions, recommendations, written plans for corrective action taken in response to conclusions and recommendations and evaluation for those corrective actions.

f. VA personnel will perform quality assurance surveillance of contractor’s performance under this contract. Factors that VA may consider when monitoring quality of care include but are not limited to: order verification, computer system availability, emergency medication review/verification, logging into the VA system every 15 minutes to process orders, competent in applying VA policies into treatment, and provides adequate staffing. These monitoring procedures are further illustrated in the following Performance Requirements Summary Matrix.

19. PLANNING AND INSTALLATION:

a. Contractor shall develop a project implementation strategy to include preparation of buildings, establishing telecommunications VISTA interface, policies and procedures for clinical history, credentialing, privileging and training staff, quality control procedures, reporting procedures, operational readiness, phase in schedule, and other actions mutually deemed necessary for the contract to proceed and operate successfully.

b. The service provider shall be required to utilize a point-to-point VPN between themselves and Tomah VAMC. All security requirements need to be met.

c. Contractor shall provide a system that maintains a minimum of 95% up time performance rate. Failure to provide this shall result in a deduction on the contract by 1/30th for each day down and possibly contract termination.

d. Contractor shall provide hardware necessary to connect remotely and will be utilized at contractor site.

e. Contractor shall provide facsimile, telephone, computer/laptops, networking, and other telecommunications equipment to be utilized at contractor facility.

f. Contractor shall provide all supplies, services, maintenance, repairs, and upgrades required at contractor facility to provide services as described above.

g. Contractor’s equipment, hardware, software, and supplies shall be compatible with the VA’s software and hardware used during performance of this contract, including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request.

h. Contractor’s network and security system shall be compatible with the VA’s network and security system.

i. Contractor shall use any VA furnished items in conjunction with, and exclusively for, performance under this contract.

20. RECORD MANAGEMENT:

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of,…