36C25524R0073.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

TBD

36C25524R0073 04-23-2024 Chattman, Courtney 913-946-1975 05-07-2024 10:00

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 493110 $34 Million N/A X Department of Veterans Affairs St. Louis VA Health Care System John J. Cochran/ Jefferson Barracks 915 N Grand Blvd St. Louis MO 63106 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 Reverse Pharmaceutical Distribution - STL VA Health Care System.

The purpose of this solicitation is to establish a Firm-Fixed Priced, Definite-Delivery Indefinite-Quantity Contract for Reverse Pharmaceutical Distribution Services.

A contract will be awarded in accordance with FAR 16.5 in conjunction with FAR 13 procedures.

The anticipated Period of Performance is a Base plus four (4) Option Years.

See Section B.2 for Statement of Work.

See Section B.3 for Price/Cost Schedule.

See Section E.

for Instructions to Offerors.

See Section E.

for Evaluation Factors.

All questions are due no later than April 30, 2024, at 10AM CDT and shall be emailed to Courtney.Chattman@va.gov.

$0.00 See CONTINUATION Page

TBD

X X X Courtney Chattman Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Contractor SAM UEI#:

Company Name and Address:

Point of Contact:

Phone Number:

Email Address:

b. GOVERNMENT: Courtney Chattman Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth, KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System For Award Management.

3. INVOICES: Invoices shall be submitted in arrears upon completion and acceptance.

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.

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

36C25524R0073

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B.2 STATEMENT OF WORK

Department of Veterans Affairs St. Louis Veterans Affairs Health Care System Reverse Pharmaceutical Distribution

Introduction: The St. Louis Veterans Affairs Health Care System’s (STLVAHCS) pharmacy has a need for reverse distribution services to include tracking of medications for redistribution, on-site service processing, shipping, tracking of processing and payments and reconciliation of payments received.

Background: Medications that have not been used for patient care will expire and become inappropriate for distribution to patients. VA pharmacies have an obligation to minimize waste while maximizing available compensation from manufacturers for out of date, short dated or unusable products through a reverse distribution process. Management of inventory for reverse distribution and the reverse distribution process are labor intensive, require specialty knowledge and compensation is enhanced using third-party vendors for interface with manufacturers accepting returns for payment. During Fiscal Year 2023, the STLVAHCS submitted less than 1000-line items for credit (combined facility data) with a 62% eligible for returns.

Services To Be Provided: The Contractor shall provide all labor, travel, training, materials and supplies necessary to provide Pharmaceutical Reverse Distribution Services to the St. Louis Veterans Affairs Health Care System located in St. Louis, Missouri. All cost associated with performing Reverse Pharmaceutical Distribution services shall be include in the contract line items and shall not be separately priced.

Period of Performance: Base plus four (4) option years.

Government Participants: The Contractor shall provide reverse distribution services for the two (2) St. Louis VA Health Care System facilities below:

· VA St. Louis VA Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr, Building 55 Pharmacy St. Louis, MO 63125

· VA St. VA Louis Health Care System John Cochran Division 915 North Grand Boulevard Building 1, 4th floor Pharmacy St. Louis, MO 63106-1621 Regulatory Compliance: The Contractor shall be required to provide all plant, equipment, materials, and labor needed to process credit return and/or arrange for proper disposal of designated pharmaceuticals. The Contractor shall be responsible for complying with all applicable federal regulations such as the Code of Federal Regulations (CFR) Title 21 Food & Drugs, Title 29 Hazardous Materials, Title 40 Protection of the Environment, Title 49 Transportation; U.S. Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), Drug Enforcement Administration (DEA) and VA regulations. Reverse Distribution services must be compliant with VHA Directive 1108.07, recommendations from OIG and PBM guidance. The Contractor shall also comply with applicable state and local regulations and consult with regional offices of federal regulatory agencies that have jurisdiction over their operations to ensure compliance with laws and regulations. Accordingly, the Contractor shall arrange for, recommend, and/or advise the returning drug distribution point of the proper means of transporting the returned products to the Contractor's central processing facility. Pharmaceuticals designated as return for credit must be stored in a secure locked area with limited access and separated from normal inventory.

Licenses, Permits, Registration, Insurance: All necessary permits and licenses required by Federal, state, and local authorities shall be acquired and maintained by the Contractor for the life of the contract. This includes required licenses, certifications, etc. for individual contractor staff as well as any required permits and licenses for interstate transport, and storage/disposal of hazardous and non-hazardous unserviceable and non-returnable items or returns. This includes but is not limited to DEA, DOT, EPA, FDA, OSHA and individual state regulations. A copy of all renewals shall be forwarded to the contracting officer for retention in the contract file. The Contractor shall maintain Workers Compensation, General Liability and Property Damage Liability insurance as required by the state of Missouri, including environmental remediation coverage. Insurance coverage shall be provided to the Contracting Officer, upon request.

Contractor And Subcontractor License Qualifications Requirements: The Contractor and any respective subcontractors shall maintain all necessary licenses, permits and certifications required by the Resource Conservation and Recovery Act (RCRA), Clean Air Act (CAA), Clean Water Act (CWA), and all licenses and permits required by local agencies for reverse distribution operations. All vehicles shall have proper state and Federal Department of Transportation (DOT) licenses required for the transportation of hazardous wastes for each jurisdiction in which they will be operating under this contract.

Shipping/Processing Arrangements: The Contractor shall provide on-site reverse distribution services once per month for the Jefferson Barracks and John J. Cochran Divisions. The Contractor shall provide on-site servicing within 10 business days from the date of the facility request. The Contractor will work on-site to electronically scan and generate a list of all pharmaceuticals and prepare their outdated products for shipment to the reverse distribution facility for processing. The Contractor shall prepare a list of pharmaceuticals removed from the pharmacy and the facility must validate the contents of the list for accuracy. Any discrepancies shall be resolved prior to the removal of the pharmaceuticals from the facility by the Contractor. The Contractor must have a web-based system to cross reference site electronic record against contractor electronic record to identify discrepancies. Within 30 days of receiving the returned goods, the Contractor shall process all designated items by sorting, listing, and processing items through either a manufacturer's credit program in accordance with all applicable federal, state and local regulations. The Contractor is responsible for the shipment and associated costs from the facility to the Contractor’s reverse distribution facility. Product status shall be provided via the contractor’s web-based reporting system.

The Contractor will be escorted by a Pharmacist Staff employee while in pharmacy areas. Any secured doors that will need to be opened, will have to be opened by Pharmacy Staff only. Space will be provided for the storage units. Designation of locations will be determined by Pharmacy Management and/or Pharmacy Operations. Scheduling will be as requested by VA site for mutually agreed upon time once per month. The Contractor shall comply with participating customers’ additional security requirements and procedures for access to facilities.

Pharmaceuticals Qualifying For Manufacturer's Return: Products qualifying for manufacturer’s return are pharmaceuticals, including partials pharmaceuticals, in the original manufacturer containers. Everything else is considered waste and facilities must follow applicable federal, state, and local laws and ordinance for waste disposal. Any items removed during a facility’s service event will be processed and associated to a single order that is unique to that service event. In the event that a product is eligible for credit, credit is rendered, and the manufacturer only requires photographic evidence for credit, the product shall be destroyed by the Contractor.

Pharmaceuticals Ineligible for Credit From Manufacturer: The Contractor shall list all items (including non-controlled substances, non-hazardous and hazardous substances) designated for disposal on a disposal manifest. This list will include at a minimum product name, National Drug Code (NDC) or catalog number, quantity, total estimated return value, and reason for non-eligibility for credit. Separate manifests shall be provided for when disposing of hazardous waste products as defined by the EPA’s RCRA regulations. A Certificate of Destruction including the disposal date, destruction method, destruction location, weight, disposal company name and proof of destruction affidavit shall be available to the returning facility and maintained on the reporting website upon completion of destruction. All Manifests shall be available to the returning facility within 30 calendar days of Contractor's item receipt. Non-credit worthy products will be destroyed by the Government in accordance with the St. Louis Healthcare System’s Green Environmental Management Service (GEMS) Program. In the event that a product that was originally expected to be eligible for return is later determined to be ineligible, shall be destroyed by the Contractor.

Payments: This contract is issued under 40 U.S. Code § 503 - Exchange/Sale Authority, allowing the government to retain reverse distributed pharmaceutical proceeds for the sole purpose of procuring additional pharmaceuticals. Such proceeds are referred to as “credits” throughout this contract to align with commercial practice. When actual credits are received, the Contractor shall update its database reflecting the actual credits received from the manufacturer and reconcile the difference between the estimated return value and the actual credits received based on the manufacturers’ credit memos. Credit memos must be requested by the Reverse Distributor from the manufacturers for all credits issued. Credit memos will be provided by the Reverse Distributor to each facility receiving credits. Awards shall be paid directly to the Reverse Distributor from the Government, not through credits, under a firm-fixed priced contract. The exact payment amount to be made to the Contractor shall include only the awarded firm-fixed contract price for return and disposal services. To ensure adequate tracking of credits from inception to disposition, the Contractor shall provide the Pharmaceutical Prime Vendor (PPV) confirmation of credit statements received from the manufacturers at least on a monthly basis. The Contractor shall instruct manufacturers to issue all credits directly to the PPV since the PPV has credit accounts established for each authorized user of the PPV Program for purposes including reverse distribution. Any credits received by the Contractor from the manufacturer shall be forwarded to the PPV. In addition, each facility that receives credits directly from the manufacturers as a result of reverse distribution processing will be instructed to notify the Contractor of receipt of such credits so that the Contractor can update their electronic reporting system. Credits will be deposited into the facility’s account by the PPV upon receipt of credit statements. The credit statements provided by the Contractor to the PPV shall include the customer account number and appropriate invoice number to facilitate this process and for tracking purposes. Based on the above, any arrangements to facilitate the processing of credits through the PPV must be made solely between the Contractor and the PPV. Any fees associated with this arrangement shall not be removed from the facility credits due. Credits may NOT be used by VA PPV customers for additional value-added services from the Contractor, such as report customization or additional site visits. The Contractor is encouraged to establish a working relationship with each manufacturer and comply with each manufacturer’s return goods policy to ensure maximum credit receipt and reduce the cost of returning non-returnable items. The Contractor is responsible for contacting the manufacturer to ensure credits are received and to assist in resolving issues of inadequate or non-payment of outstanding credits. If manufacturers have an established reverse distributor that handles their credit and return process, the Contractor shall make every effort to work with these reverse distributors that have current agreements directly with the manufacturers. To ensure full visibility of all credit amounts against the item(s) credited, the contractor must also be a reverse distributor for the PPV.

The Contractor’s pricing shall cover all costs including, but not limited to, packaging, shipping, processing, web-based application access, waste disposal, travel and any other applicable costs incurred to perform reverse distribution services.

Reports: The Contractor shall provide a return detail report by manufacturer to each returning facility within 30 calendar days after processing for all credit returns. This report should include at a minimum, the customer account number, applicable order or invoice number, product name, NDC or catalog number, lot or batch number, quantity returned, date returned, unit of measure, estimated return value, and a list of non-returnable pharmaceuticals with the weight and cost for disposal. An additional credit report shall be provided showing both the estimated credits and actual credits received, including total actual credit received and credit received by unit of measure for each NDC, as well as the date that the credit was issued, and identify contractor fees taken for each pharmaceutical return. The Contractor shall make available copies of the manufacturer credit memos with this report to ensure adequate tracking of credits from inception to disposition.

Dashboard Reporting Requirement: The Contractor shall provide a web-based corporate level dashboard and reverse distribution information system available to the user at each facility for the purpose of managing, tracking, and comparing the processing of unused pharmaceutical returns. The digital dashboard and reverse distribution information system shall be configured to track the flow of business processes associated with the return, destruction, disposal, waste, credit, or other disposition of unused pharmaceuticals processed through the Reverse Distributor. The system shall provide graphic representation (i.e., dials, graphs, charts, etc.) of high-level processes and allow for drill-down into low level data. The dashboard shall use standardized metrics and key performance indicators and display these data points. The digital dashboard shall display data elements in both a control panel format and database table format. Users will be able to generate and export data from the control panel into a downloadable spreadsheet (e.g., Excel spreadsheet). The digital dashboard and reverse distribution information system will allow users to monitor the return of unused pharmaceuticals. Features and benefits of the dashboard and reverse distribution information system shall include the following: visual presentation of performance measures; ability to identify and correct negative trends; measure of efficiencies/inefficiencies; ability to generate detailed reports showing new trends; overall visibility of the activities; efficient identification of data outliers and correlations.

Training & Troubleshooting: The Contractor shall provide, orientation, and training for each facility on the various reports and functionality of reports to assist the facilities in monitoring and tracking potential credits. Training shall include actual demonstration and operation of the Contractor’s web-based electronic service request ordering system. In addition, the Contractor shall provide updates and system changes, and training prior to the adoption of changes as they occur throughout the term of the contract. Training should be provided on-site at each facility. The Contractor shall notify both facilities at least 14 calendar days prior to scheduled training. Training shall cover at a minimum the following:

· Full web access and reports training, including targeted data extrapolation;

· Credit detail reports displaying estimated and actual credits; and

· Potential inventory management strategies.

An instructional user guide with step-by-step instructions on the above topics shall also be provided via a link on the reporting website. A contact person and telephone number shall be provided to each facility in the event additional instruction is necessary or if there is a change in personnel.

Federal Government Holidays: The following information is provided to assist the Contractor in scheduling returns when on-site service is required:

(Note: If these holidays fall on a Saturday or Sunday, the contractor should contact the returning facility to determine on which day (Friday or Monday) they will be observed.)

Pharmaceutical Prime Vendor/ Funds (Credit) Management: Funds from credit worthy returned product must be forwarded to McKesson for distribution to VA Prime vendor account. Funds received from reverse distribution must be received within 90 days of onsite services. The Contractor must demonstrate a clear mechanism for reconciliation of distributed funds. Invoicing and payment for services and credits received through reverse distribution must be visible and accessible by the local facility through the Contractor’s secure web-based system.

The following represents the current VA PPV as of the date of this solicitation. The Contractor will be given notice via e-mail within 90 days when a change occurs.

McKesson Corp. Pharm. Group 2975 Evergreen Drive Duluth GA 30096 Phone: 678-471-0632

(End of Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Pharmaceutical Liquidation - St. Louis VA Health Care System - Jefferson Barracks Division Contract Period: Base POP Begin: 05-21-2024 POP End: 05-20-2025 PRINCIPAL NAICS CODE: 493110 - General Warehousing and Storage PRODUCT/SERVICE CODE: R706 - Support - Management: Logistics Support

Pharmaceutical Liquidation - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2024 POP End: 05-20-2025

Pharmaceutical Disposal - St. Louis VA Health Care System - Jefferson Barracks Division

POP Begin: 05-21-2024 POP End: 05-20-2025

Pharmaceutical Disposal - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2024 POP End: 05-20-2025

Pharmaceutical Liquidation - St. Louis VA Health Care System - Jefferson Barracks Division Contract Period: Option 1 POP Begin: 05-21-2025 POP End: 05-20-2026

Pharmaceutical Liquidation - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2025 POP End: 05-20-2026

Pharmaceutical Disposal - St. Louis VA Health Care System - Jefferson Barracks Division

POP Begin: 05-21-2025 POP End: 05-20-2026

Pharmaceutical Disposal - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2025 POP End: 05-20-2026

Pharmaceutical Liquidation - St. Louis VA Health Care System - Jefferson Barracks Division Contract Period: Option 2 POP Begin: 05-21-2026 POP End: 05-20-2027

Pharmaceutical Liquidation - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2026 POP End: 05-20-2027

Pharmaceutical Disposal - St. Louis VA Health Care System - Jefferson Barracks Division

POP Begin: 05-21-2026 POP End: 05-20-2027

Pharmaceutical Disposal - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2026 POP End: 05-20-2027

Pharmaceutical Liquidation - St. Louis VA Health Care System - Jefferson Barracks Division Contract Period: Option 3 POP Begin: 05-21-2027 POP End: 05-20-2028

Pharmaceutical Liquidation - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2027 POP End: 05-20-2028

Pharmaceutical Disposal - St. Louis VA Health Care System - Jefferson Barracks Division

POP Begin: 05-21-2027 POP End: 05-20-2028

Pharmaceutical Disposal - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2027 POP End: 05-20-2028

Pharmaceutical Liquidation - St. Louis VA Health Care System - Jefferson Barracks Division Contract Period: Option 4 POP Begin: 05-21-2028 POP End: 05-20-2029

Pharmaceutical Liquidation - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2028 POP End: 05-20-2029

Pharmaceutical Disposal - St. Louis VA Health Care System - Jefferson Barracks Division

POP Begin: 05-21-2028 POP End: 05-20-2029

Pharmaceutical Disposal - St. Louis VA Health Care System - John J. Cochran Division

POP Begin: 05-21-2028 POP End: 05-20-2029

B.4 DELIVERY SCHEDULE

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

Courtney.Chattman@va.gov

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

VA St. Louis Health Care System Jefferson Barracks Division 1 Jefferson Barracks Dr., Building 55 Pharmacy St. Louis, MO 63125

USA

VA St. Louis Health Care System John Cochran Division 915 North Grand Blvd., Bldg. 1, 4th floor Pharmacy St. Louis, MO 63106 1621

USA

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far (FAR) https://www.va.gov/oal/library/vaar/ (VAAR)

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful offeror must present to the Contracting Officer, prior to performance, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the total contract value;

(2) Any order for a combination of items in excess of the total contract value; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to perform the services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-20 DEFINITE QUANTITY (OCT 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end of the effective period.

(End of Clause)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the base year. 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 base year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.12 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s listing in the SBA certification database.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.13 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND BPAS (JAN 2023) (DEVIATION)

(a) The Contractor agrees, if selected on the basis of having certified service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status (see 13 CFR 128), to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/subcontracting in accordance with 852.208–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more certified SDVOSB/VOSB listed in the SBA certification database for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.14 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.15 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission.