36C25620Q0655.docx

36C25620Q0655

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

520-21-1-119-0002 36C25620Q0655 06-04-2020 Tina Harris 228-523-5066 06-26-2020 10:59pm Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 X X 446110 $30 Million N/A X Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714 8972 See CONTINUATION Page Non-Personal Services, First Fill Pharmacy for the Gulf Coast Veterans Health Care Systems Biloxi & 4 CBOC Locations as per the statement of work within.

All Questions are due by 10:59pm CST, Friday, June 12, 2020 via email to tina.harris3@va.gov All Responses due by 10:59pm CST, Friday June26, 2020 via email to tina.harris3@va.gov

***PLEASE PAY CLOSE ATTENTION TO 52.212-1 INSTRUCTIONS TO

OFFEROR AND 52.212-2 EVALUATION***

This solicitation utilizes FAR 13.106-2(b)(3) Comparative Analysis Evaluation This solicitation will result in a Firm Fixed Price Contract See CONTINUATION Page X X X Tina Harris Contracting Officer Table of Contents

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 36C256 Tina Harris tina.harris3@va.gov Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714 8972

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Pharmaceutical Services for Biloxi, MS and CBOC’s in Mobile, AL, Pensacola, FL Eglin, FL and Panama City Beach, FL

VA Gulf Coast Veterans Health Care System, Biloxi MS

BACKGROUND: The VA Gulf Coast Veterans Health Care System (VAGCVHCS) is responsible for establishing a “pharmacy benefit management services” contract for emergency services for its Community-Based Outpatient Clinics (CBOCs) and it is up to the government add or change locations.

There is the main hospital in Biloxi, MS 39531 and currently (4) VA operated CBOC—five (4) (located in Mobile, AL, Pensacola, FL 32507, Eglin, FL 32542 and Panama City, FL 32408).

CBOC Location

Biloxi, MS 400 Veterans Ave Biloxi, MS 39531

Mobile Outpatient Clinic 4444 Demetropolis Road Mobile, AL 36995

Pensacola Outpatient Clinic 790 Veterans Way Pensacola, FL 32507

Eglin Outpatient Clinic 100 Veterans Way Eglin AFB, FL 32542

Panama City Outpatient Clinic 2600 Veterans Way Panama City Beach, FL 32408

1. SERVICES, NON-PERSONAL; The Contractor shall provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VAGCVHCS CBOCs in accordance with the services outlined in this Statement of Work (SOW).

The Contractor shall be required to fill all prescription orders written by VA CBOC physicians/providers during the contract period through the use of local Pharmacies that fully meet all Federal, State, and Local Laws, Guidelines, etc., and whose Pharmacists are fully trained and licensed. The fact that the estimated total amount or the estimated number of prescriptions to be filled is not obtained shall not constitute a price adjustment under the contract delivery order.

All prescriptions to be filled must contain medication in the VA’s Formulary. In the event that a prescribed medication is not in the VA’s Formulary, approval must be obtained from the VAGCVHCS Chief of Pharmacy or their designated representative before it is filled. The VA’s Formulary can be accessed through the following website: http://www.pbm.va.gov/Default.aspx

It is the sole responsibility of the Contractor to coordinate and set up agreements with local Pharmacies to fill Veterans’ Prescriptions. The Contractor must set up agreements with at least four (4) Pharmacies within fifteen (15) miles of the each applicable CBOCs and may set up agreements with several other Pharmacies outside of the fifteen (15) mile range if they feel that it will benefit our Veterans. Again, the Contractor is free to set up agreements with any Pharmacies it wants to within the applicable ranges listed above. A list of Pharmacies that the Contractor has set up agreements with must be provided to the Contracting Officer’s Representative (COR) so that the list can be provided to the CBOCs to provide to our Veterans. As the list is updated or changed, a copy of the revised list must be provided to the COR within two (2) workdays of the change so that our CBOCs and Veterans can be advised of the change. The list must contain the name, address phone number, point of Contact and estimated miles.

2. The Contractor’s Pharmacies shall fill and dispense up to a 10-day supply of medication from original prescriptions written by VAGCVHCS physicians/providers assigned to VAGCVHCS within the primary service area. It is anticipated that the 10-day supply of medication will allow the patient to begin therapy, etc., until a continuing supply of medication can be provided by the VA Pharmacy. Refills will not be honored by the Contractor’s Pharmacies when presented by the VA beneficiary. The Contractor’s Pharmacies must be capable of providing pharmacy services and shall be properly licensed by Federal, State, and Local authorities to provide said services. The Contractor’s may be required to provide copies of all licenses and permits indicated in the SOW.

3. EMERGENCY OCCURENCES (Natural Disaster Non-Personal Services:

Contractor to provide Pharmacy Benefit Management Services (aka First-Fill)

4. Pharmacy services shall be available between the hours of 9:00am and 6:00pm Monday through Saturday, as a minimum, excluding Federal holidays. The ten (10) Federal Holidays observed by the Federal Government for this requirement are:

When a Federal holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a Federal holiday falls on a Saturday, the proceeding Friday is observed as a Federal holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a Federal Holiday.

5. Prescriptions filled will be in written form provided by the VAGCVHCS CBOC Physicians/provider. Contractor’s dispensing Pharmacies must be able to accept the written prescription on either an overprinted VA Form 1158, Doctor’s Orders or on VA Form 10-2577F, Security Prescription Form. VA uses the VA Form 10-2577F for Schedule II drugs. Should the State in which the dispensing Pharmacy operate require other than the VA Form 10-2577F, Security Prescription Form, it will be the Contractor’s responsibility to provide the VAGCVHCS Chief of Pharmacy (located in Biloxi, MS), with the regulation/requirement, ordering addresses, and ordering information needed to provide the CBOC with the proper security form. The successful offeror may obtain a sample of each VA Form from the COR.

Definitions & Acronyms

1. HIPAA Compliance: Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protest the Privacy and Security of Protected Health Information (PHI).

1. OBRA – Omnibus Budget Reconciliation Act

1. HIPAA – Health Insurance Portability and Accountability Act

1. COR – Contracting Officer Representative

Specific Tasks

Pharmaceutical services shall be performed in such a manner as to be least disruptive to medical center operations. The following services shall be for filling and dispensing of prescriptions and will consist of but not limited to:

1. All prescriptions will be filled utilizing low-cost generic equivalent medications as mandated and readily available, with the exception of the following drugs which must be dispensed as “brand name” only and where bioequivalence is questionable. The Contractor is to call the COR to review bioequivalence issues.

0. phenytoin – dispense as Dilantin

0. warfarin – dispense as Coumadin

0. digoxin – dispense as Lanoxin

0. disulfiram – dispense as Antabuse

1. Medication Order Review: The Contractor’s Pharmacists will check for actual and potential drug related problems to include but not limited to:

1. Therapeutic duplication

1. Drug-disease contraindications

1. Drug-drug interactions

1. Incorrect drug dosage

1. Drug-allergy interactions

1. Clinical misuse/abuse

1. Patient Focused Care: All patients will be offered counseling by a pharmacist consistent with Omnibus Budget Reconciliation Act (OBRA) 1990 requirement to insure appropriate use and optimal outcomes from drug therapy. Counseling includes the following information:

2. Name, description and use of the medication

2. Dose, dosage form and route

2. Special directions and precautions

2. Common side effects and action required if they occur

2. Techniques for self-monitoring drug therapy

2. Levothyroxine – dispense as Synthroid

A pharmacist will be available to answer any drug-related questions that a patient may have after the prescription is filled. This may be in the form of written and/or verbal information

3. Prescriptions shall be filled within one-hour from presentation by patient.

4. Quality Assurance: The VAGCVHCS may review the following:

a. Compliance/Accuracy with Filling Prescriptions: random view of Contractor’s reports completed by the VA Gulf Coast Veterans Health Care System Pharmacy representative or COR.

b. Quality of Patient Education: review of patient education materials and random patient interviews conducted by VA Gulf Coast Veterans Health Care System Pharmacy representative or COR.

c. Review of Errors: Contractor will track and report all medication errors and medication related incidents to the provider and the Chief, Pharmacy Service, VA Gulf Coast Veterans Health Care System, or designee, as discovered to prevent the perpetuation of the error by the system.

5. The Contractor shall notify the VA Gulf Coast Veterans Health Care System Contracting Officer in writing whenever a malpractice claim involving a VA Gulf Coast Veterans Health Care System patient has been filed against the Contractor within three (3) working days.

6. The parties agree that the Contractor’s personnel will not be considered VA Gulf Coast Veterans Health Care System employees for any purpose and shall be considered employees of the Contractor.

7. Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a defendant in a Tort Claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier. The Contractor shall notify the VA of the action or non-action.

8. Invoice shall be entered into the OB10 tungsten electronic system for payment.

NOTE: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

A. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

B. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).The X12 EDI Web site http://www.x12.org Customer support: 1-877-752-0900 or 1-877489-6135

Invoices must include:

a. Name and address of Contractor

b. Invoice date

c. Period of performance (Month)

d. Purchase order Number i.e. (520-C?????)

e. Terms of prompt payment discount offered.

f. Name and address of official to whom payment is to be sent to

g. Name, title and phone number of persons to be notified in the event there is a question on the invoice

h. Patient name

i. Patient social security number (or last four)

j. Date dispensed

k. Physician

l. Drug and NDC number

m. Strength and dosage

n. Quantity

o. Total charge

The VA Gulf Coast Veterans Health Care System may randomly audit all billings. The Contractor must make prescription records available to the auditor in a timely manner at the location where dispensed. A month is defined as the first calendar day of the month until the last calendar day of the month.

9. The Contractor shall maintain a log of VA Gulf Coast Veterans Health Care System prescriptions filled and have the patient sign next to each prescription number for each prescription received. A copy of this log must be sent with the corresponding invoices.

10. The Contractor understands that all information concerning VA Gulf Coast Veterans Health Care System beneficiaries shall be kept confidential and shall not be disclosed to any person, except in accordance with applicable Federal laws and when authorized in writing. The Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of a breach of confidentiality. Breach of confidentiality is grounds for termination of contract. The Contractor is subject to all federal and state statutes, rule and regulations regarding patient privacy. Said statutes, rules and regulations which include but are not limited to, are 5 USC Section 552(a), 38 USC Section 5319, and 38 USC Section 7332 are available from the Contracting Officer upon request.

11. All prescriptions must be filled in a manner that meets or exceeds current State of Mississippi, Alabama & Florida and Federal requirements that govern the filling and dispensing of prescriptions.

12. The Contracting Officer’s Representative (COR) will be the Chief, Pharmacy Service or designee, from the VA Gulf Coast Veterans Health Care System.

13. Confidentiality of Information: The Contractor shall insure the confidentiality of all patient information and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provision of the Federal Privacy Act of 1974 (Public Law 93-579), HIPAA (Public Law 104-191), and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 83-255), as well as other statues regarding confidentiality of patient information during and after the execution of this contract. Because of the confidential medical record information that may be accessible and/or visible to Contractor employees during performance of their daily duties, the Contractor shall obtain a signed “confidentiality certificate” form each employee prior to allowing them to start work under this contract. Any information about an individual that is maintained by the VA, including, but not limited to education, financial transactions, medical history, and criminal or employment history or any record that contains the person’s name, or the identifying number, symbol or other identifying particular assigned to the individual shall be kept CONFIDENTIAL. A copy of this certificate shall be provided to the COR upon request.

14. HIPPA Compliance: Health Insurance Portability and Accountability Act of 1996:

The Contractor shall be required to be in compliance with HIPAA requirements and will be required to sign a Business Associate Agreement with the VA and return it to the Contracting Officer. A signed copy of the Business Associate Agreement will be returned to the Contractor for their files.

15. Privacy Training: The Contractor’s employees directly involved with this contract will be required to complete annual web-based Privacy Training. The time associated with completed the web-based Privacy Training is estimated to be 1 hour. The COR will coordinate with the Contractor on how to access the Privacy Training website. Copies of the completed Privacy Training Certificates shall be provided to the COR within five (5) business days of completion. Any new employees shall complete the web-based Privacy Training prior to starting any work on the contract. Copies of the completed web-based Privacy Training Certificates for all new employees shall also be provided to the COR within five (5) business days of completion.

16. Period and Place of Performance: The Period of Performance shall be one year beginning 1 October 2020 through 30 September 2021 with four option periods. Performance shall start three (3) to five (5) days after award.

Applicable Publications and Forms:

VA Prescription Blank - (VA Form 10-2577F) VA Form 1158

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Services, Non-Personal; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VA Gulf Coast Veterans Health Care System (VAGCVHCS) Community Based Outpatient Clinics (CBOCs) in accordance with the services outlined in the Statement of Work.

(Pricing to be based on estimated 6000 prescription per year)

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

EMERGENCY OCCURENCES (Natural Disaster) - Non-personal Services; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services from eligible pharmacy locations with the Gulf Coast Veterans Health Care System Locations (Biloxi, MS; Mobile, FL; Pensacola, FL; Panama City, FL; and Eglin, FL)

(Pricing to be based on estimated 2000 prescription per year)

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

Services, Non-Personal; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VA Gulf Coast Veterans Health Care System (VAGCVHCS) Community Based Outpatient Clinics (CBOCs) in accordance with the services outlined in the Statement of Work.

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

EMERGENCY OCCURENCES (Natural Disaster) - Non-personal Services; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services from eligible pharmacy locations with the Gulf Coast Veterans Health Care System Locations (Biloxi, MS; Mobile, FL; Pensacola, FL; Panama City, FL; and Eglin, FL)

Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Services, Non-Personal; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VA Gulf Coast Veterans Health Care System (VAGCVHCS) Community Based Outpatient Clinics (CBOCs) in accordance with the services outlined in the Statement of Work.

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

EMERGENCY OCCURENCES (Natural Disaster) - Non-personal Services; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services from eligible pharmacy locations with the Gulf Coast Veterans Health Care System Locations (Biloxi, MS; Mobile, FL; Pensacola, FL; Panama City, FL; and Eglin, FL)

Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Services, Non-Personal; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VA Gulf Coast Veterans Health Care System (VAGCVHCS) Community Based Outpatient Clinics (CBOCs) in accordance with the services outlined in the Statement of Work.

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

EMERGENCY OCCURENCES (Natural Disaster) - Non-personal Services; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services from eligible pharmacy locations with the Gulf Coast Veterans Health Care System Locations (Biloxi, MS; Mobile, FL; Pensacola, FL; Panama City, FL; and Eglin, FL)

Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

Services, Non-Personal; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services) for the VA Gulf Coast Veterans Health Care System (VAGCVHCS) Community Based Outpatient Clinics (CBOCs) in accordance with the services outlined in the Statement of Work.

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

EMERGENCY OCCURENCES (Natural Disaster) - Non-personal Services; Contractor to provide Pharmacy Benefit Management Services (aka First-Fill Pharmacy Services from eligible pharmacy locations with the Gulf Coast Veterans Health Care System Locations (Biloxi, MS; Mobile, FL; Pensacola, FL; Panama City, FL; and Eglin, FL)

Contractor Must annotate:

Dispensing Fee per prescription Discount from AWP ___% off generic drugs ___% Brand name if no generic exist Administration fee, if any

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

Base Period Total

Option Year One (1) Total

Option Year Two (2) Total

Option Year Three (3) Total

Option Year Four (4) Total

Contract GRAND TOTAL

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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 52.216-18 ORDERING (OCT 1995)

(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 October 1, 2020 through September 30, 2025.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 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 20.00, 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 6000.00;

(2) Any order for a combination of items in excess of 6000.00; 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 3 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.

C.4 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 with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period 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 September 30, 2025.

(End of Clause)

C.5 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.6 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 60 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.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2021. 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 September 30, 2021, 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.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[X] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

C.11 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (MAR 2020) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and…