36C25525Q0208.pdf

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

589-25-3-5622-0534

36C25525Q0208 05-06-2025

Parrott, Steve/Stephen.Parrott@va.gov 913-946-1966 05-21-2025

10:00 CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

456110

$37.5 Million

N/A

X

Harry S. Truman VAMC 800 Hospital Drive

Columbia MO 65201-5275

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 is a request for quote for non-personal pharmacy benefit management services in accordance with the terms and conditions stated herein to and for the Harry. S. Truman Memorial VAMC, its outlying Community Based Out Patient Clinics (CBOCS) and Home Based Primary Care patients in accordance with the Performance Work Statement.

This will be a firm fixed price, requirements type contract.

The period of performance is a base with four (4) option years, to be exercised at the discretion of the Government.

Solicitation responses shall be e-mailed to Steve Parrott at stephen.parrott@va.gov.

Questions are due no later than 5/12/2025 and shall be e-mailed to Steve Parrott @ stephen.parrott@va.gov.

See CONTINUATION Page

589-3650160-5622-822400-2660 0100J2100

X X x 1

Steve Parrott Contracting Officer

36C25525Q0208

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-21 REQUIREMENTS (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

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

C.10 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.11 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.16 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..42

C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.12 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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 Steve Parrott

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] 30 days ARO

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.

Financial Services Center http://www.fsc.va.gov/einvoice.asp

B.2 PERFORMANCE WORK STATEMENT

FOR PRESCRIPTION-FILL SERVICES

1. GENERAL

1.1 SERVICES REQUIRED: The Contractor will provide prescription-fill services to eligible veteran beneficiaries assigned to the Harry S. Truman Memorial Veterans’ Hospital’s (HSTMVH) seven community-based outpatient clinics (CBOCs) and its Home Based Primary Care (HBPC) program. Services will also be required for patients at any and all new future CBOC locations and for new HBPC patients within the HSTMVH primary service area. Services required include filling prescriptions, dispensing prescriptions, and counseling patients on all controlled and non-controlled prescriptions written by VA providers. Services will begin on 06/01/2025.

1.2 PLACES OF PERFORMANCE:

1.2.1 The seven CBOC locations are as follows:

Ft. Leonard Wood

Mexico

Jefferson City

700 GW Lane Street

3460 South Clark Street

3430 W Edgewood Dr

Waynesville, MO 65583

Mexico, MO 65265

Jefferson City, MO 65109

Phone: (573) 774-2285

Phone: (573) 581-9630

Phone: (573) 635-0233

Lake of the Ozarks

St. James

Marshfield

940 Executive Drive

207 Matlock Drive

1240 Banning Street

Osage Beach, MO 65065

St. James, MO 65559-1999

Marshfield, MO 65706

Phone: (573) 302-7890

Phone: (573) 265-0448

Phone: (417) 468-1963

Sedalia Kirksville

3320 West 10th Street 1510 North Crown Drive

Sedalia, MO 65301 Kirksville, MO 63501

Phone: (660) 826-3800 Phone: (660) 627-8387

1.2.2 Our HBPC patients are located in the following zip code areas:

63345 63382 63383 63468 63552 65010 65011 65013 65014

65063 65064 65072 65078 65081 65084 65085 65101 65109

65265 65270 65274 65275 65284 65285 65301 65348 65354

65550 65552 65556 65559 65560 65565 65567 65580 65583

65016 65017 65020 65026 65039 65043 65046 65047 65051

65052 65201 65202 65203 65231 65232 65233 65237 65251

65257 65259 65401 65420 65449 65452 65453 65459 65470

65534 65536 65542 65584 65591 65660 65722 65807

1.3 AUTHORITY/POLICY/HANDBOOKS (WITH LINKS): Joint Commission Medication use standards (www.jointcommission.org).

1.4 DEFINITIONS/ACRONYMS: The use of the term “contract” within this Performance Work Statement is used to denote a binding legal contract for the procurement of services.

“Contractor” refers to the awarded holder of this contract. “Contractor employee” is defined as an employee or personnel of the prime contractor or of any subcontractor, affiliate, partner, joint venture or team members with whom the Contractor is associated. It also includes consultants engaged by any of those entities.

2. 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 contract 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 at the time a pharmacy is added to the network. The qualifications of contractor personnel shall also be subject to review by the HSTMVH Chief of Pharmacy and the HSTMVH Chief of Staff. 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.

3. HOURS OF OPERATION:

3.1 Business Hours: The majority of CBOC and HBPC operating hours are 8:00 a.m. to 4:30 p.m. central standard time, Monday through Friday. The services covered by this contract http://www.jointcommission.org/ shall be furnished by the Contractor’s pharmacies during both day and evening hours, Monday through Saturday, excluding the following federal holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Day

When the holiday is on a Saturday, the preceding Friday shall be the federal holiday. When the holiday is on a Sunday, the following Monday shall be the federal holiday. The services specified herein may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer.

4. CONTRACTOR RESPONSIBILITIES:

4.1 SERVICES REQUIRED: The contractor’s pharmacies shall fill and dispense urgent medications from original prescriptions written by VA providers assigned to HSTMVA, the VA CBOCs, and the VA

HBPC

program within 30 minutes from presentation of the prescription by the patient. The services covered by this contract shall be furnished by the contractor’s pharmacies located more than 25 miles from

HSTMVA.

Services shall be provided in accordance with all terms, conditions, and provisions of the resulting contract for one year from date of award with four additional one-year option periods to be exercised at the discretion of the government. The contractor must have a minimum of two licensed pharmacies accepting its plan in each of the seven CBOC locations and within the designated zip code areas. The intent of the Government is that the contractor have at least two licensed pharmacies in all service areas to provide patients with more choices and additional access to pharmacies.

4.2 It is impossible to determine the exact quantities that will be required during the contract delivery order period. The contractor shall be required to fill all prescription orders written during the contract delivery order period. The fact that the estimated dollar value is not obtained shall not constitute a price adjustment under the contract delivery order.

4.3 Prescriptions filled will be in written form provided by an HSTMVA provider, a CBOC provider, or an HBPC VA provider. Dispensing pharmacies must be able to accept the written prescription.

4.4 The Contractor will accept a phone call or an electronic e-mail from the Contracting Officer Representative advising him/her of any new VA providers by providing the National Provider Identifier (NPI)number.

4.5 Urgent prescriptions will be filled and dispensed only for medications listed in the Urgently Needed Medication Formulary List as authorized by the HSTMVA. The HSTMVA Urgently Needed Medication Formulary List will be e-mailed to the contractor at time of contract award and after each update by the Chief of Pharmacy or his/her designee. 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 Urgently Needed Medication Formulary 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 Urgently Needed Medication Formulary List as needed.

4.6 Prescriptions shall be filled and limited to a maximum of a seven (7) day supply except for antibiotics and antibacterials which shall be limited to a maximum of a ten (10) 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.

4.7 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 Orange Book. All generic products used must be in compliance with Federal and State requirements.

4.8 VA beneficiaries or their designees will pick up their prescriptions at the dispensing pharmacy. No prescriptions will be mailed or delivered to patients.

4.9 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.

4.10 The contractor and his/her contract pharmacies shall keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized in writing and according to all applicable laws. The Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) applies to this procurement. Special consideration shall be given to provide privacy of all patient individually identifiable health information. The contractor employee shall provide patients with the utmost care and attention.

All patients shall be assured of their privacy and personal dignity. The contractor and its employees shall ensure strict compliance to the release of Protected Health Information in accordance with the Code of Federal Regulation, Title 45, Public Welfare, Subtitle A, Department of Health and Human Services, Part 164, Security and Privacy (45 CFR 164), paragraph 2.2.3, “Health Insurance Portability and Accountability Act (HIPAA)" and paragraph 2.3, "General Guidelines on Releasing Medical Information".

4.11 The contractor shall report in writing all adverse drug events and medication errors to the Chief, Pharmacy Service, HSTMVA, Columbia, Missouri, and to the prescribing CBOC or HBPC physician. The report should describe the date and nature of the adverse event or medication error and corrective actions taken.

4.12 The contractor shall provide the COR with copies of pharmacist state licenses on an annual basis.

4.13 The contractor and its pharmacies shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

a. Workers’ compensation

b. Professional liability insurance

c. Health examinations, if applicable

d. Income tax withholding, and

e. Social security payments

4.14 Contractor will 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:

a. Patient name

b. Patient SSN

c. Provider name

d. Drug name

e. Drug strength

f. Quantity

g. Date drug dispensed

h. Dispensing pharmacy

i. Drug AWP

j. Dispensing fee

4.15 As services are needed for new CBOCs in the HSTMVA primary service area, additional pharmacies will be added to this contract delivery order. 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. The COR shall approve additional pharmacies for that area to the CO. Additional pharmacies shall be added to the contract via an amendment to the contract delivery order.

4.16 The Contractor shall designate a program manager (contractor representative) under this contract delivery order and shall provide his/her name, title, address, phone number, fax number, and e-mail address to the CO & COR. The program manager (contractor representative) shall work closely with the COR in regards to all services covered by the contract delivery order and/or any issues arising under the contract delivery order.

4.17 The Contractor shall provide a list of pharmacies within its network that are geographically-accessible to HSTMVA and each CBOC, handicapped-accessible, and which have the most accessible weekday and weekend and day and evening operating hours. The contractor shall provide this list for HSTMVA and each CBOC to the CO and the COR within five

(5) days after receipt of this purchase order and provide updates to this list. The list shall include the following information:

a. HSTMVA and/or CBOC - name and address

b. Pharmacy name, address, phone number, and fax number

c. Pharmacists’ names

d. Pharmacists’ license numbers and expiration dates

e. Handicapped accessibility – yes or no?

f. Distance from HSTMVA and/or CBOC (ie, miles)

g. Availability of drive-up window - yes or no?

h. Hours and days of operation.

i. Normal waiting time from receipt of prescription to final delivery to patient.

4.18 Contractor will offer counseling by a pharmacist to ensure appropriate and optimal outcomes from drug therapy. Counseling should include the following:

a. Name, description, and use of medications

b. Dose, dosage form, and route

c. Special directions and precautions

d. Common side effects and action required if they occur

e. Techniques for self-monitoring drug therapy

f. Action to be taken if a dose is missed

g. Proper storage

h. What the patient can expect from the medication

A pharmacist will 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.

4.19 The contractor shall ensure contractor employees maintain open and professional communication with members of the VHA. Complaints relating to any contractor personnel’s failure to maintain such open and professional communication shall be validated by the COR and shall be reported in writing within 24 hours to the Contracting Officer (CO) and the Contractor for action.

4.20 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.

4.21 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.

4.22 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, this contract, VA handbooks and directives and all federal, state, and local laws and regulations. At a minimum, the contractor shall develop quality control procedures addressing the areas identified in the Service Delivery Summary. The contractor shall develop and implement procedures to identify, prevent, correct, and ensure no recurrence of defective services. The contractor shall provide a copy of the quality control plan to the contracting officer no later than the orientation date, and updated copies as changes occur. Records of all inspections conducted by the contractor and corrective action taken shall be made available to the government upon request.

4.23 The contractor employees shall participate and comply with all VISN 15 Performance Measures.

4.24 Performance shall be according to the requirements contained in this agreement and Veteran’s Healthcare Administration (VHA) rules, regulations, handbooks policies, and standard operating procedures (SOP’s).

4.25 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.

4.26 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.

4.27 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 HSTMVA with a current copy of the REDBOOK and updates throughout the contract term. 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 contract will not be made to any offeror who does not provide sufficient evidence to substantiate the fairness/reasonableness of pricing.

5. GOVERNMENT RESPONSIBILITIES:

5.1 The Chief, Pharmacy Service, HSTMVH, will recommend the assignment of a COR to the CO. The COR will be delegated in writing by the CO, and a copy of the delegation letter will be provided to the Contractor. The COR will monitor the day-to-day performance of the Contractor to verify compliance with the contract. Any incident of contractor non-compliance as evidenced by his/her monitoring shall be forwarded immediately to the CO by the COR.

5.2 HSTMVH staff shall establish and maintain a record keeping system that will record the services provided under this contract delivery order and ensure correct reimbursement of prescriptions/services provided are paid.

5.3 The VA shall randomly audit all prescription fills. The Department of Veterans Affairs shall have free access during regular business hours and upon reasonable notice to such books, records, invoices, and prescription files as deemed necessary to verify claim information, prescription volume, and the usual and customary charges to the general public for covered prescriptions. The contractor shall make all prescription records and invoices available at the time of the audit.

6. SPECIAL CONTRACT REQUIREMENTS:

6.1 The contractor shall continuously meet or exceed Joint Commission Medication use standards related to procurement, preparation, dispensation, control, security, recall, and patient education. Additional information related to these standards can be accessed through the Joint Commission website at www.jointcommission.org. The Contractor shall develop and maintain written policies and procedures for credentialing, certification, and continuing education of employees and/or subcontractors providing services under this contract in accordance with their appropriate professional accreditation agency and state rules and regulations.

6.2 As VA routinely reviews and updates policies and procedures covering contractor computer access, this contract may be modified to reflect new policies and procedures during the term of this agreement. This includes any new training requirements from regulatory sources.

6.3 The Government reserves the right to fill any prescription covered under this contract delivery order through the use of its own resources and/or staff.

6.4 The services specified in the Description/Specifications/Statement of Work can only be changed by written amendment issued by the contracting officer.

6.5 When unacceptable performance occurs, the COR shall inform the Contracting Officer and the contractor. This shall normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's Program http://www.jointcommission.org/

Manager and the Contracting Officer. The contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor’s corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

6.6 Quality assurance monitoring documentation shall become an official Government record of the contractor’s performance.

6.7 The Government may evaluate the quality of professional and administrative services provided by the contractor, but retains no control over the professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b).

6.8 The contractor and all contractor personnel provided under this agreement shall be subject to quality assurance monitoring by VA for contract administration purposes.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR: 06/01/2025 – 05/31/2026

CLIN 0001 Dispensing Fee

Discount from AWP Administration Fee, if any

Description: Provide Pharmacy Benefit Management Services as specified in this RFQ for VA Community Based Out-Patient Clinics and Home-Based Patient Care Program beneficiaries located in HSTMVA primary service area.

$_____ per Prescription.

___ % off generic drugs.

____% off brand name when no generic form exists.

OPTION YEAR 1: 06/01/2026 – 05/31/2027

CLIN 1001 Dispensing

Description: Provide Pharmacy Benefit Management Services as specified in this RFQ for VA Community Based Out-Patient Clinics and Home-Based Patient Care

___ % off generic drugs.

____% off brand name when no generic form exists.

OPTION YEAR 2: 06/01/2027 – 05/31/2028

CLIN 2001 Dispensing

Description: Provide Pharmacy Benefit Management Services as specified in this RFQ for VA Community Based Out-Patient Clinics and Home-Based Patient Care

___ % off generic drugs.

____% off brand name when no generic form exists.

OPTION YEAR 3: 06/01/2028 – 05/31/2029

CLIN 3001 Dispensing

Description: Provide Pharmacy Benefit Management Services as specified in this RFQ for VA Community Based Out-Patient Clinics and Home-Based Patient Care

___ % off generic drugs.

____% off brand name when no generic form exists.

OPTION YEAR 4: 06/01/2029 – 05/31/2030

CLIN 4001 Dispensing

Description: Provide Pharmacy Benefit Management Services as specified in this RFQ for VA Community Based Out-Patient Clinics and Home-Based Patient Care

___ % off generic drugs.

____% off brand name when no generic form exists.

B.4 DELIVERY SCHEDULE

The contractor shall provide all labor, equipment, support, and supervision to provide the pharmacy benefit services and prescription fill and dispensing services described in the Statement of Work above.

Generic and brand name prescription cost shall be based upon the Medi-Span Average Wholesale Price (AWP) which is current at time of prescription fill and dispensing.

The VA is a Cabinet-level department of the federal government. In accordance with FAR

29.302 and VAAR 829.302, the VA is exempt from state and local taxes.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (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. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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 https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

NOV 2021

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 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 through .

(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.

C.4 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 , 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 ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within 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 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance…