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36C25520Q0204
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
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. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C25520Q0204 02-13-2020 Roberts, Esperanza Esperanza.Roberts@va.
gov 913-946-1979 02-21-2020
5:00 PM
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 621399 $8 Million N/A X Department of Veterans Affairs Kansas City VA Medical Center 4801 East Linwood Blvd.
Kansas City MO 64128-2226 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048
36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 See CONTINUATION Page This solicitation is for Pharmacy Benefit Management services to eligible veterans assigned to the Kansas City VA Medical Centers, CBOCs & HBPCs.
This will be a Blanket Purchase Agreement.
Base Year: 4/1/2020 - 3/31/2021 Option Year 1: 4/1/2021 - 3/31/2022 Option Year 2: 4/1/2022 - 3/31/2023 Option Year 3: 4/1/2023 - 3/31/2024 Option Year 4: 4/1/2024 - 3/31/2025 See CONTINUATION Page X X X Jessica Edwards Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PERFORMANCE WORK STATEMENT (PWS) | 5 |
| Performance Standard | 18 |
| B.3 PRICE/COST SCHEDULE | 20 |
| ITEM INFORMATION | 20 |
| B.4 DELIVERY SCHEDULE | 21 |
| SECTION C - CONTRACT CLAUSES | 22 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 22 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 27 |
| C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) | 27 |
| C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 29 |
| C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 29 |
| C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) | 30 |
| C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) | 30 |
| C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 31 |
| C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS | 31 |
| C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 32 |
| C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) | 32 |
| C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 32 |
| C.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 33 |
| C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 33 |
| C.15 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019) | 34 |
| C.16 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019) | 35 |
| C.17 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 35 |
| C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019) | 36 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 43 |
| SECTION E - SOLICITATION PROVISIONS | 44 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 44 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 47 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 48 |
| E.4 52.214-21 DESCRIPTIVE LITERATURE (APR 2002) | 49 |
| E.5 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS (APR 1984) | 49 |
| E.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990) | 50 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 50 |
| E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 50 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 51 |
| E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 51 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019) | 52 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
36C25520Q0204
B.2 PERFORMANCE WORK STATEMENT (PWS)
Kansas City VAMC Prescription Fill Services Part 1 General Information
1. GENERAL: This is a non-personal services contract to provide Pharmacy Benefits Management (Emergency Prescription Fill and After Hours) services to eligible Veteran beneficiaries assigned to the Kansas City Veterans Administration Medical Center’s (KC VAMC) Community Based Outpatient Clinics (CBOCS) and Home-Based Primary Care (HBPC) program. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Pharmacy Benefits Management as defined in this Performance Work Statement (PWS), section 5 except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.
1.2 Background: In the event a Veteran is unable to obtain emergent prescriptions from the KC VAMC, due to the geographic location of the CBOC or HBPC location where they are seen by the provider, the VA needs a Pharmacy Benefit Management vendor to coordinate the billing and formulary management.
· Objectives: SERVICES:
Emergency Fill and After-Hour Service Specifications Required: The contractor’s pharmacies shall dispense urgent medications from original prescriptions written by VA providers assigned to KCVAMC, the VA CBOCs, and the VA HBPC program within 30 minutes from presentation of the prescription by the patient.
Prescriptions filled will be in written form provided by a KCVAMC provider, a CBOC provider, or an HBPC VA provider. Dispensing pharmacies must be able to accept the written or electronic prescription (when available). The Contractor shall fill “ONLY NEW PRESCRIPTIONS” on form 'KC- CBOC-PRESCRIPTION' pharmacy non-VA medication order template.
In the event of unusual circumstances that require a verbal or telephonic prescription fill, the Pharmacy will follow the proper protocol procedures in order to complete the prescription within the 30-minute fill requirement. VA key personnel from KCVAMC Pharmacy Service are only authorized to provide approval for changes to the Contracted Pharmacy Formulary, Chief of Pharmacy and Outpatient Supervisor. Urgent therapeutic equivalent substitutions as a result of back order or approved formulary product unavailability can be approved through the KCVA Pharmacist on call, who can be reached 24/7 at 816-255-2506. In the event this number changes, alternate contact can be provided up on award. This includes but is not limited to urgent therapeutic equivalent substitutions as a result of back order or approved formulary product unavailability.
Urgent prescriptions will be filled and dispensed only for medications listed in the Medication Formulary List as authorized by the KCVAMC (See attachment #2 KC VAMC ER Formulary Listing). An updated Emergent Formulary Medication List will be e-mailed to the contractor at time of BPA award and after each update by the Chief of Pharmacy or his/her designee. Listing will consist of drug name, strength, and form(s) for each drug that is added along with the National Drug Codes. There shall be a mechanism in place, provided by the contractor, to provide real-time messaging and hard edits to the pharmacies in order to limit dispensed medications to the specified Emergent Formulary Medication List to prevent non-formulary or prior authorization medications from being dispensed without specific prior approval by the Chief of Pharmacy or his/her designee. In addition, there must be a mechanism in place to update the Emergent Formulary Medication List as needed.
The contractor must have a minimum of two licensed pharmacies accepting its plan in each of the CBOC locations and within the designated zip code areas. The intent of the Government is that the contractor has a minimum of two licensed pharmacies in all service areas to provide patients with more choices and additional access to pharmacies.
Prescriptions shall be filled and limited to the maximum quantity and day supply defined in the KCVAMC ER Formulary List. The maximum amount of emergency fill prescriptions will not exceed the ten (10) day supply (unless repackaging is not an option). In this case, the contractor will dispense as indicated on the prescription. Antibiotics shall not exceed a fourteen (14) day supply. No prescription refills will be authorized. The contractor shall only fill new prescriptions with no refills. All prescriptions must have proper auxiliary labels attached and appropriate counseling and drug interaction sheets provided.
Prescriptions shall be filled with generic drugs to the extent permitted by law, and the least expensive drug product the pharmacy has in stock will be dispensed. Generic drugs shall be dispensed if, in the professional judgement of the pharmacist, the substitute product is available, safe, and effective, and to the greatest extent possible, contains the same chemical ingredients of the same strength, quantity, and dosage of the brand name. All generic products used must be AB rated per the Red Book. All generic products used must be in compliance with Federal and State requirements.
Prescriptions must be filled with an appropriate AB rated equivalent product. In the case of a Dispense as Written (DAW) provider signed prescription the contracted pharmacy must contact the KCVAMC Pharmacy for approval.
VA beneficiaries or their designees will pick up prescriptions at the dispensing pharmacy. No prescriptions will be mailed or delivered to patients. All patients will adhere to the serving pharmacies pick up process and procedures.
Contract pharmacies shall maintain an electronic record of VA prescriptions filled and require the patient to sign next to each prescription number for each prescription received.
The Contractor shall provide a Program Manager (contractor representative) under this BPA and shall provide his/her name, title, address, phone number, fax number, and e-mail address. The program manager (contractor representative) shall work closely with the COR in regard to all services covered by the BPA and/or any issues arising under the BPA. Program Manager will have oversight on all contractual obligations that are stated within the PWS and responsible for the meeting the reporting requirements and evaluation factors.
All patients shall be offered counseling by a pharmacist to ensure appropriate and optimal outcomes from drug therapy. Counseling should include the following:
· Name, description, and use of medications
· Dose, dosage form, and route
· Special directions and precautions
· Common side effects and action required if they occur
· Techniques for self-monitoring drug therapy
· Action to be taken if a dose is missed
· Proper storage
· What the patient can expect from the medication
A pharmacist shall be available to answer any drug-related questions a patient may have after the prescription is filled. This may be in the form of written and/or verbal information.
The contractor shall have sufficient qualified employees to support all services in the event an employee scheduled to work becomes ill, resigns, is terminated by the contractor, or is otherwise unavailable to work. Contract requirements are not altered or mitigated by inclement weather.
The contractor shall accept a call from the COR advising him/her of all existing and/or new VA provider's state license numbers and his/her federal and/or state drug license numbers. The contractor shall immediately notify its contract pharmacies of the provider information so as to avoid delay in patient services. Notification of provider information may occur on either the day the VA provider fills in at the CBOC or prior to CBOC duty as time allows.
· PRICING:
As services are needed for new CBOCs in the KCVAMC primary service area, additional pharmacies will be added to the BPA. If a new CBOC is to be opened, the Contracting Officer (CO) will notify the contractor in advance of the opening. At that time, the contractor shall submit a listing of proposed pharmacies for that area to the CO and supporting licenses/state certifications documents. The KCVAMC Chief of Pharmacy shall approve additional pharmacies for that area to the CO. Additional pharmacies shall be added to the BPA only through the Contracting Officer by a bilateral modification and the issue of Notice to Proceed.
The contractor shall be required to fill all prescription orders written during the BPA period of performance. The fact that the estimated dollar value is not obtained shall not constitute a price adjustment under the BPA task order.
Reimbursements shall be determined by the Average Wholesale Price (AWP) discounted by the applicable percentage plus the applicable dispensing fee. The total price charged to the VA shall not exceed that charged to the general public and shall not exceed the price charged by the Contractor’s lowest third-party reimbursement plan.
Average Wholesale Price (AWP) will be based on the current Pharmacy Fundamental Reference Redbook and Redbook Updates published by Medical Economics Data, Inc. Contractor shall be required to provide KCVAMC COR with a current copy of the REDBOOK at the time of BPA award and provide any updates throughout the BPA terms. If a contractor offers to use any other means of providing pricing, they shall provide appropriate documentation similar to that of the REDBOOK and its updates. Award of a BPA will not be made to any offeror who does not provide sufficient evidence to substantiate the
· QUALIFICATIONS:
Pharmaceutical care provided to beneficiaries under this contract shall meet all standards applicable to Medicaid recipients in the State where the services are provided. Personnel assigned by the Contractor to perform the services covered by this BPA shall be licensed in good standing without restrictions in a State, Territory, or Commonwealth of the United States or District of Columbia. Offerors are required to verify all Federal, State, and/or local licenses and certification(s) applicable to the provision of Pharmacy Services. All Pharmacies state licenses and Proof of Liability Insurance must be in an active state, not be expired. The qualifications of contractor personnel shall be subject to a review by the KCVAMC Chief of Pharmacy and the KCVAMC Chief of Staff. Contractor shall provide evidence of all employed Pharmacists, confirming that each Pharmacist has a current valid state license for that servicing pharmacy location. The Contractor, its employees, agents, and subcontractors shall not be VA employees for any purpose. Contractor employees shall read, understand, speak, and write English fluently.
· The contractor shall verify that all Licensed Pharmacists are:
· Licensed in the States applicable to employment
· Able to collect, synthesize and interpret patient prescriptions, and disease data
· Able to verify for factual and potential drug related problems, including (but not limited to):
· Therapeutic duplication
· Drug –disease interactions
· Incorrect drug dosage
· Drug-allergy
· Able to identify, clarify, and resolve drug related problems with the prescriber and patient
· Able to answer any drug related questions that a patient may have after prescription is filled
· Treats all patients with dignity, courtesy, and respect.
1.2
1.4 Scope: Pharmacy Benefits Management Services. The Contractor shall provide the following:
Emergency Fill and After-Hour Service Specifications Required: The contractor’s pharmacies shall dispense urgent medications from original prescriptions written by VA providers assigned to KCVAMC, the VA CBOCs, and the VA HBPC program within 30 minutes from presentation of the prescription by the patient.
1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12- month option years. Due to the current contract POP, and to ensure there isn’t a gap in service, the Period of Performance will need to be effective 3/21/2020 or aligned with the end of the current contract end date.
| Base Year | 4/2020 – 3/2021 | |
| Option Year I | 4/2021 – 3/022 | |
| Option Year II | 4/2022 – 3/2023 | |
| Option Year III | 4/2023 – 3/2024 | |
| Option Year IV | 4/2024 – 3//2025 |
1.6 1.6 General Information
1.6.1 Federal Observed Holidays: The Kansas City VAMC observes the following Federal Holidays. Pharmacy Benefits Management services may be needed in emergent situations, and patients may present with prescriptions to the contracted retail pharmacy locations regardless of Federal Holidays.
| New Year’s Day | Labor Day | ||
| Martin Luther King Jr.’s Birthday | Columbus Day | ||
| President’s Day | Veteran’s Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
1.6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 8am – 5pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.
1.6.2.1 Emergency Points of Contact: The KC VAMC COR and/or KC VAMC Pharmacist will be the POC for emergent situations, clarification on prescriptions, and approval for prior authorizations. Contact information to be provided upon award.
1.6.3 Place of Performance: The work to be performed under this contract will be performed for the Kansas City VAMC, CBOCs, and HBPC Program, the work will take place at the Vendor identified Retail Pharmacy locations based on the VA locations identified below.
Johnson County Radiation Oncology CBOC 10500 Mastin St.
Overland Park, KS 66212
Phone: 816-922-2750 Fax: 913-227-0962 Belton CBOC 209 Cunningham Parkway Belton, MO 64012
Phone: 816-922-2161 Fax: 816-922-4690 Cameron CBOC 1111 Euclid Dr.
Cameron, MO 64429
Phone: 816-922-2500 Fax: 816-632-1962
Excelsior Springs CBOC 197 McCleary Rd.
Excelsior Springs, MO 64024
Phone: 816-922-2970 Fax: 816-637-2480 Honor Annex 4251 Northern Avenue Kansas City, MO 64133
Phone: 816-861-4700 Fax: 816-922-4814 Mobile Medical Unit 4801 Linwood Blvd Kansas City, MO 64128
Phone: 816-861-4700 Fax: 816-637-2480
Nevada CBOC 322 South Prewitt Nevada, MO 64772
Phone: 417-448-8905 Fax: 417-549-6218 Paola CBOC 510 South Hospital Drive Paola, KS 66071
Phone: 816-922-2160 Fax: 913-294-2198 Warrensburg CBOC 702 East Young Street Warrensburg, MO 64093
Phone: 816-922-2500 x54281 Fax: 660-422-6354
Kansas City VAMC Hospital 4801 Linwood Blvd Kansas City, MO 64128
Phone:816-861-4700 Fax: 816-637-2480 Johnson County Major CBOC Projected to Open in 2021
Thompson Ave & W 113th Street Lenexa, KS 66219
Phone: TBD Fax: TBD
Home Based Primary Care (HBPC) Patients are located in the following areas.
30 Mile Radius of Kansas City VA Medical Center 64011, 64012, 64013, 64014, 64015, 64016, 64017, 64018, 64024, 64028, 64029, 64030, 64034, 64048, 64050, 64051, 64052, 64053, 64054, 64055, 64056, 64057, 64058, 64060, 64063, 64064, 64065, 64066, 64068, 64069, 64070, 64072, 64073, 64074, 64075, 64077, 64078, 64079, 64080, 64081, 64082, 64083, 64086, 64088, 64089, 64090, 64092, 64097, 64101, 64102, 64105, 64106, 64108, 64109, 64110, 64111, 64112, 64113, 64114, 64116, 64117, 64118, 64119, 64120, 64121, 64123, 64124, 64125, 64126, 64127, 64128, 64129, 64130, 64131, 64132, 64133, 64134, 64136, 64137, 64138, 64139, 64141, 64144, 64145, 64146, 64147, 64148, 64149, 64150, 64151, 64152, 64153, 64154, 64155, 64156, 64157, 64158, 64161, 64163, 64164, 64165, 64166, 64167, 64168, 64170, 64171, 64179, 64180, 64184, 64187, 64188, 64190, 64191, 64195, 64196, 64197, 64198, 64199, 64444, 64492, 64734, 64999, 66007, 66012, 66013, 66018, 66027, 66030, 66031, 66043, 66048, 66051, 66052, 66061, 66062, 66063, 66083, 66085, 66086, 66101, 66102, 66103, 66104, 66105, 66106, 66109, 66110, 66111, 66112, 66113, 66115, 66117, 66118, 66119, 66160, 66201, 66202, 66203, 66204, 66205, 66206, 66207, 66208, 66209, 66210, 66211, 66212, 66213, 66214, 66215, 66216, 66217, 66218, 66219, 66220, 66221, 66222, 66223, 66224, 66225, 66226, 66227, 66250, 66251, 66276, 66282, 66283, 66285, 66286 50 Mile Radius of Excelsior Springs, MO 64001, 64011, 64012, 64013, 64014, 64015, 64016, 64017, 64018, 64019, 64020, 64021, 64022, 64024, 64028, 64029, 64030, 64034, 64035, 64036, 64037, 64040, 64048, 64050, 64051, 64052, 64053, 64054, 64055, 64056, 64057, 64058, 64060, 64061, 64062, 64063, 64064, 64065, 64066, 64067, 64068, 64069,64070, 64071, 64072, 64073, 64074, 64075, 64076, 64077, 64078, 64079, 64080, 64081, 64082, 64083, 64084, 64085, 64086, 64088, 64089, 64090, 64092, 64093, 64096, 64097, 64098, 64101, 64102, 64105, 64106, 64108, 64109, 64110, 64111, 64112, 64113, 64114, 64116, 64117, 64118, 64119, 64120, 64121, 64123, 64124, 64125, 64126, 64127, 64128, 64129, 64130, 64131, 64132, 64133, 64134, 64136, 64137, 64138, 64139, 64141, 64144, 64145, 64146, 64147, 64148, 64149, 64150, 64151, 64152, 64153, 64154, 64155, 64156, 64157, 64158, 64161, 64163, 64164, 64165, 64166, 64167, 64168, 64170, 64171, 64179, 64180, 64184, 64187, 64188, 64190, 64191, 64195, 64196, 64197, 64198, 64199, 64401, 64422, 64429, 64430, 64436, 64439, 64440, 64443, 64444, 64448, 64454, 64459, 64465, 64469, 64474, 64477, 64484, 64490, 64492, 64493, 64494, 64497, 64501, 64502, 64503, 64504, 64505, 64506, 64507, 64508, 64601, 64620, 64622, 64623, 64624, 64625, 64633, 64637, 64638, 64640, 64643, 64644, 64647, 64649, 64650, 64654, 64656, 64664, 64668, 64670, 64671, 64680, 64682, 64686, 64689, 64701, 64743, 64999, 65321, 65327, 65339, 65351, 66002, 66007, 66012, 66013, 66018, 66020, 66024, 66027, 66043, 66048, 66051, 66052, 66061, 66062, 66063, 66085, 66086, 66101, 66102, 66103, 66104, 66105, 66106, 66109, 66110, 66111, 66112, 66113, 66115, 66117, 66118, 66119, 66160, 66201, 66202, 66203, 66204, 66205, 66206, 66207, 66208, 66209, 66210, 66211, 66212, 66213, 66214, 66215, 66216, 66217, 66218, 66219, 66220, 66221, 66222, 66223, 66224, 66225, 66226, 66227, 66250, 66251, 66276, 66282, 66283, 66285, 66286 50 Mile radius of Belton, MO
64011, 64012, 64013, 64014, 64015, 64016, 64017, 64018, 64019, 64024, 64028, 64029, 64030, 64034, 64036, 64037, 64040, 64048, 64050, 64051, 64052, 64053, 64054, 64055, 64056, 64057, 64058, 64060, 64061, 64062, 64063, 64064, 64065, 64066, 64067, 64068, 64069, 64070, 64071, 64072, 64073, 64074, 64075, 64076, 64077, 64078, 64079, 64080, 64081, 64082, 64083, 64084, 64085, 64086, 64088, 64089, 64090, 64092, 64093, 64097, 64098, 64101, 64102, 64105, 64106, 64108, 64109, 64110, 64111, 64112, 64113, 64114, 64116, 64117, 64118, 64119, 64120, 64121, 64123, 64124, 64125, 64126, 64127, 64128, 64129, 64130, 64131, 64132, 64133, 64134, 64136, 64137, 64138, 64139, 64141, 64144, 64145, 64146, 64147, 64148, 64149, 64150, 64151, 64152, 64153, 64154, 64155, 64156, 64157, 64158, 64161, 64163, 64164, 64165, 64166, 64167, 64168, 64170, 64171, 64179, 64180, 64184, 64187, 64188, 64190, 64191, 64195, 64196, 64197, 64198, 64199, 64444, 64492, 64701, 64720, 64722, 64723, 64725, 64726, 64730, 64733, 64734, 64735, 64739, 64742, 64743, 64745, 64746, 64747, 64761, 64770, 64779, 64788, 64999, 66006, 66007, 66012, 66013, 66014, 66018, 66020, 66021, 66025, 66026, 66027, 66030, 66031, 66033, 66036, 66040, 66042, 66043, 66044, 66045, 66046, 66047, 66048, 66049, 66050, 66051, 66052, 66053, 66054, 66056, 66061, 66062, 66063, 66064, 66067, 66071, 66072, 66075, 66078, 66079, 66080, 66083, 66085, 66086, 66092, 66101, 66102, 66103, 66104, 66105, 66106, 66109, 66110, 66111, 66112, 66113, 66115, 66117, 66118, 66119, 66160, 66201, 66202, 66203, 66204, 66205, 66206, 66207, 66208, 66209, 66210, 66211, 66212, 66213, 66214, 66215, 66216, 66217, 66218, 66219, 66220, 66221, 66222, 66223, 66224, 66225, 66226, 66227, 66250, 66251, 66276, 66282, 66283, 66285, 66286 50 Mile Radius of Paola, KS 64012, 64013, 64014, 64015, 64028, 64029, 64030, 64034, 64040, 64050, 64051, 64052, 64053, 64054, 64055, 64056, 64057, 64061, 64063, 64064, 64065, 64070, 64075, 64078, 64080, 64081, 64082, 64083, 64086, 64090, 64092, 64101, 64102, 64105, 64106, 64108, 64109, 64110, 64111, 64112, 64113, 64114, 64116, 64117, 64118, 64119, 64120, 64121, 64123, 64124, 64125, 64126, 64127, 64128, 64129, 64130, 64131, 64132, 64133, 64134, 64136, 64137, 64138, 64139, 64141, 64144, 64145, 64146, 64147, 64148, 64149, 64150, 64151, 64152, 64161, 64168, 64170, 64171, 64179, 64180, 64184, 64187, 64188, 64190, 64191, 64196, 64197, 64198, 64199, 64701, 64720, 64722, 64723, 64725, 64730, 64734, 64739, 64742, 64743, 64745, 64746, 64747, 64752, 64765, 64778, 64779, 64999, 66006, 66007, 66010, 66012, 66013, 66014, 66015, 66018, 66021, 66025, 66026, 66030, 66031, 66032, 66033, 66036, 66039, 66040, 66042, 66043, 66044, 66045, 66046, 66047, 66049, 66050, 66051, 66052, 66053, 66054, 66056, 66061, 66062, 66063, 66064, 66067, 66071, 66072, 66073, 66075, 66076, 66078, 66079, 66080, 66083, 66085, 66086, 66091, 66092, 66093, 66095, 66101, 66102, 66103, 66104, 66105, 66106, 66109, 66110, 66111, 66112, 66113, 66115, 66117, 66118, 66119, 66160, 66201, 66202, 66203, 66204, 66205, 66206, 66207, 66208, 66209, 66210, 66211, 66212, 66213, 66214, 66215, 66216, 66217, 66218, 66219, 66220, 66221, 66222, 66223, 66224, 66225, 66226, 66227, 66250, 66251, 66276, 66282, 66283, 66285, 66286, 66409, 66414, 66429, 66451, 66510, 66524, 66528, 66537, 66542, 66543, 66701, 66716, 66738, 66751, 66754, 66755, 66767, 66769, 66871
1.6.4 Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.5 Type of Contract: The Government will award a FIRM FIXED PRICE contract.
1.6.6 Special Qualifications: The contractor shall develop and maintain a quality control program to ensure services are performed in accordance with commonly accepted commercial practices, The Joint Commission, VHA Handbook 1108.05 Outpatient Pharmacy Services, VHA Directive 2008-028, Access to urgently needed Outpatient Prescription Medications, VHA Directive 2013-001, Extended Hours Access for Veterans Requiring Primary Care Including Women's Health and Mental health Services at Department of Veterans Affairs medical Centers and Selected Community Based Outpatient Clinics, all federal, state, and local laws and regulations, to include the Quality Assurance Surveillance Plan (QASP).
The contractor employees, upon request, shall provide quality data and information related to services provided and participate in the VA’s performance improvement programs when requested to do so. The contractor shall report in writing all adverse drug events and medication errors to the Chief, Pharmacy Service, KCVAMC, Kansas City, Missouri, and to the prescribing CBOC or HBPC physician within 24 hours of discovery. The report should describe the date and nature of the adverse event or medication error and corrective actions taken.
Contractor shall provide electronic monthly, quarterly and annual reports to the COR. The reports will show the total number of prescriptions filled and the total dollar amount per location. Reports will be due by the 15th day following the end of the month, quarter, or year. Monthly reports will also reflect expenditures to the COR including but not limited to:
· Patient name
· Patient SSN
· Provider name
· Drug name
· Drug strength
· Quantity
· Date drug dispensed
· Dispensing pharmacy
· Drug AWP
· Dispensing fee
· National Drug Code (NDC)
1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The CO and Contracting Officer’s Representative (COR) shall meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the Contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.
1.6.9 Contracting Officer’s Representative (COR): The COR Management System Tool (eCOR File)- for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed: Not applicable, this does not apply.
1.6.12 Facility Access:
Kansas City VA Medical Center Attn: Pharmacy (1st floor Valor Building) 4801 Linwood Blvd Kansas City, MO 64128
1.6.13 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on U.S Government facilities.
1.6.14 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Auditing and Reports provided by vendor for monthly invoicing.
1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO, and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.16 Phase In/Phase Out: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have key personnel on board during the Implementation period phase in/ phase out periods. The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in and phase-out services for up to 10 months after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in and phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
Ongoing Support shall be provided at to ensure troubleshooting and contract maintenance. Support can be provided by a designated account representative or identified group that is available for the KC VA COR and community pharmacies for claims processing and Pharmacy Benefits Management support.
1.6.17 Contractor Employees Who Require Specialized Training outlined in VA form 6500.6. All contractor employees that require specialized training; i.e. Privacy, HIPPA must be registered in FAITAS (Federal Acquisition Institute Training Application System at commencement of services and must successfully complete the required classes and provide the COR and CO a copy of the certificates of completion. The contractor shall contact the NCO 15 training officer to become registered in FAITAS. (The CO will provide that information upon award notification if required).
1.6.2 Incident Reporting
1.6.20.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the CO or COR within 30 minutes of the incident.
1.6.20.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.
PART 2
SPECIFIC TASKS
2. SPECIFIC TASKS:
2.1. Basic Services: The Contractor shall provide services for Pharmacy Benefits Management services for the Kansas City VAMC Patients.
2.1.1 Formulary Management for prescriptions filled through Vendor’s pharmacy network.
2.1.2 Limiting the days supply as agreed upon per the formulary.
2.1.3 Authorized prescriptions will be processed at a $0 copay to the patient.
2.1.4 An invoice for all prescriptions and services will be provided to the KC VAMC Pharmacy monthly in arrears.
2.1.5 Billing information will be provided to the KC VAMC with a unique identifier for each location (CBOC/HBPC/Hospital).
2.1.6 Prescriptions not meeting criteria will be processed as a prior authorization for the designated Pharmacy POC to review/approve.
2.1.7 The PBM vendor must be able to support formulary changes as identified by the KC VAMC.
2.1.8 Pharmacy counseling and prescription verification shall be provided to patients.
2.1.9 All Pharmacies and Pharmacist must be licensed per state requirements.
2.1.10 The PBM vendor must be able to restrict prescribers to only authorized staff identified by KC VAMC
PART 3
APPLICABLE PUBLICATIONS
3. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)
3.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.
Attachment: The VHA Handbook 1108.05 Outpatient outlines requirements for Outpatient Pharmacy Services, and the Federal requirements that the VA is held to.
PART 4
ATTACHMENT/TECHNICAL EXHIBIT LISTING
4. ATTACHMENT/TECHNICAL EXHIBIT LIST:
4.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary Attachment: Emergency Prescription Fill Template
TECHNICAL EXHIBIT 1
Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Required Services (Tasks)
| Performance Standard |
| Acceptable Quality Level (This is the maximum error rate. It could possibly be “Zero deviation from standard”) |
| Method of Surveillance |
| Frequency |
| Incentive (Positive and/or Negative) (method of correction) |
# 1.
Fill and dispense urgent medications from original prescriptions written by VA providers assigned to Kansas City VAMC, the VA CBOCs and the VA HBPC program within 30 minutes from presentation of the prescription by the patient.
The contractor shall provide a copy of the quality control plan as part of the solicitation package and updated copies as changes occur.
90% compliance Required
| Validated User/Customer complaints and periodic inspection |
| Upon report of complaint from customer |
| Incentive: Favorable past performance rating. |
Disincentive: If less than acceptable, the Government may request a replacement provider for future coverage.
# 2 Contractor will have a minimum of two licensed pharmacies accepting its plan in each of the seven CBOC locations and within the designated zip code areas.
(See example provided in 1.)
100% compliance required
| Random inspection of records |
| Random inspection of records |
| Incentive: Favorable past performance rating. |
Disincentive: If less than acceptable, the Government may request a replacement provider for future coverage.
# 3 Prescriptions shall be filled and limited to a maximum of a ten days supply, with the exception of items outlined in the formulary list provided.
(See example provided in 1.)
100% compliance required
| Periodic and random sampling of records. |
| Monthly reports shall be provided no later than the 15th of each month, or as agreed upon at the time of award. |
| Incentive: Favorable past performance rating. |
Disincentive: If less than acceptable, the Government may request a replacement provider for future coverage.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| Provide all labor, tools, materials, equipment, technology and supervision to perform services as outlined in the Performance Work Statement |
Contract Period: Base Year POP Begin: 04/2020 POP End: 03/2021
| 1.00 |
| YR |
| $0.00 |
| $0.00 |
| 0002 |
| Provide all labor, tools, materials, equipment, technology and supervision to perform services as outlined in the Performance Work Statement |
Contract Period: Option 1 POP Begin: 04/2021 POP End: 03/2022
| 1.00 |
| YR |
| $0.00 |
| $0.00 |
| 0003 |
| Provide all labor, tools, materials, equipment, technology and supervision to perform services as outlined in the Performance Work Statement |
Contract Period: Option 2 POP Begin: 04/2022 POP End: 3/2023
| 1.00 |
| YR |
| $0.00 |
| $0.00 |
| 0004 |
| Provide all labor, tools, materials, equipment, technology and supervision to perform services as outlined in the Performance Work Statement |
Contract Period: Option 3 POP Begin: 04/2023 POP End: 3/2024
| 1.00 |
| YR |
| $0.00 |
| $0.00 |
| 0005 |
| Provide all labor, tools, materials, equipment, technology and supervision to perform services as outlined in the Performance Work Statement |
Contract Period: Option 4 POP Begin: 04/2024 POP End: 3/2025
| 1.00 |
| YR |
| $0.00 |
| $0.00 |
| GRAND TOTAL |
| $0.00 |
SECTION C - CONTRACT CLAUSES
C.1 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 common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
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