36C25621Q0481-Combine Solicitation 03-16-21.pdf

36C25621Q0481

Request for Quote: 36C25621Q0481

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Requirement is being evaluated under the procedures of

FAR Part 13. As such, in accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative analysis evaluation to determine which vendor provides the best value to the government in terms of technical capability and past performance, while also providing a competitive price.

2. The combined synopsis/solicitation number is 36C25621Q0481. It is issued as a Request for

Quote. The Government anticipates awarding one firm-fixed price requirements contract resulting from this solicitation.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-04 (eff. 01/19/21), VAAR Update 2008-27 (eff.

12/23/20)

4. This requirement is a total small business set-aside. The North American Industry

Classification System number is 446110 with a size standard of $30M

5. Place of Performance: See section two in the Statement of Work (SOW)

6. Period of Performance: The period of performance shall be a base period of 12 months with four (4), additional 12-month option periods to be exercised at the Government’s discretion

9. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 11:00A.M. Central Standard Time on

March 19, 2021.

10. Quotes are due no later than March 25, 2021.at 11:00A.M. Central Standard Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

SECTION A

A.1 APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

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

Department of Veterans Affairs

Network Contracting Office 16

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Department of Veterans Affairs

Financial Service Center

PO Box 149971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

35,264.00 EA __________________ __________________

MEDVAMC CBOC'S GENERIC PRESCRIPTIONS:

(Estimated 35,264.00 prescription per year)

Contractor Shall annotate:

Discount from AWP ___% off generic drugs

Contract Period: Base

POP Begin: 04-01-2021

POP End: 03-31-2022

4,208.00 EA __________________ __________________

MEDVAMC CBOC'S NAME BRAND PRESCRIPTIONS:

(Estimated 4,208 prescription per year)

Contractor shall annotate:

Discount from AWP ___% Brand name if no generic exists

39,472.00 EA __________________ __________________

MEDVAMC CBOC'S DISPENSING FEE PER PRESCRIPTION

(Estimated 39,472 prescription per year)

Dispensing Fee:

Contract Period: Option 1

POP Begin: 04-01-2022

POP End: 03-31-2023

Contract Period: Option 2

POP Begin: 04-01-2023

POP End: 03-31-2024

Contract Period: Option 3

POP Begin: 04-01-2024

POP End: 03-31-2025

Contract Period: Option 4

POP Begin: 04-01-2025

POP End: 03-31-2026

GRAND TOTAL __________________

i. Prior to exercising any option the Contracting Officer will ensure that it is still in the governments best interest, with price and other factors considered.

ii. Any extension, in accordance with FAR 52.217-8, shall utilize option 4 pricing.

Thus, the offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and ½ of the 4th option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Thus, providing separate pricing for the optional six-month extension period is not required

B.3 STATEMENT OF WORK (SOW)

Statement of Work (SOW)

Emergent and Interim Medications

1. The Michael E. DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, TX 77030 has a requirement for emergency and interim patient medications for the below listed Community Based Outpatient Clinics (CBOCs) and any future CBOCs established by the MEDVAMC. Contractor shall set up agreements with local pharmacies located close to the clinics. This service allows emergent prescriptions written by VA providers at Community Based Outpatient Clinics to be filled at local pharmacies.

1.1 The Contractor shall set up agreements with at least three (3) Pharmacies within five (5) miles of the each applicable CBOCs and may set up agreements with several other

Pharmacies outside of the five (5) 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 the government require.

1.2 A list of Pharmacies that the Contractor has set up agreements with shall 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 shall 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 shall contain the name, address phone number, point of Contact and estimated miles.

2. Locations: The site of the pharmacy shall be in a reasonable proximity (within 5 miles) of the

CBOCs. The following is a list of the current clinics, and their location. As the MEDVAMC continue to grow and establish new CBOCs, the government will negotiate with current awarded contractor to add the additional clinics at a fair and reasonable price. Contractor shall submit with technical quote a list of proposed pharmacies with address and distance from

CBOCs.

MEDVAMC CBOCs:

2.1 Conroe VA Outpatient Clinic

800 Riverwood Court, Suite 100

Conroe, Texas 77304

County: Montgomery

2.2 Galveston VA Outpatient Clinic

3828 Avenue N

Galveston, Texas 77550

County: Galveston

2.3 Texas City VA Outpatient Clinic

9300 Emmett F. Lowry Expressway, Suite 206

Texas City, Texas 77591

County: Galveston

2.4 Lake Jackson VA Outpatient Clinic

208 S. Oak Drive, Suite 700

Lake Jackson, Texas 77566

County: Brazoria

2.5 Richmond VA Outpatient Clinic

22001 SW Freeway, Suite 200

Richmond, Texas 77469

County: Fort Bend

2.6 Katy VA Outpatient Clinic

750 Westgreen

Katy, Texas 77450

County: Harris

2.7 Tomball VA Outpatient Clinic

1200 Main Street

Tomball, Texas 77375

County: Harris

2.8 Sugarland VA Outpatient Clinic

1327 Lakepoint Pkwy STE 515

Sugarland, Texas 77478

County: Fort Bend

2.9 Humble VA Outpatient Clinic

1485 FM 1960 Bypass RD East STE 340

Humble, Texas 77338

County: Montgomery

3.General Requirements for MEDVAMC and CBOCs

3.1 Hours of Service: The contractor at a minimum shall provide pharmaceutical services from 8:00 a.m. to 5:00 p.m. Monday through Saturday. The CBOCs usual hours of operation are from 8:00 am to 4:30 p.m., Monday through Saturday.

3.2 Prescriptions filled will be in written form provided by an approved CBOC VA physician(s). The VA will provide the vendor with a list of VA-approved providers and their signatures. Dispensing pharmacies shall be able to accept the written prescriptions on VA

Form 10-2577F, Security Prescription Form. Should the state in which the dispensing pharmacy operate require other than the VA Form 10-2577F, Security Prescription Form, it shall be the contractor’s responsibility to provide the VA Medical Center, Chief of

Pharmacy, with the regulation/requirement ordering addresses, and ordering information needed to provide the CBOC with the proper security form.

3.3 The intent of this contract is for emergency medications only. The government expectation is that the drugs will be generic medications. Generic drugs shall be dispensed, if in the professional judgment of the pharmacist the substitute product is available, safe, 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 shall be in compliance with Federal and State requirements. Brand name drugs ONLY if no generic form of the drug exists in the marketplace.

3.4 Medications which typically should be started immediately or should not have an interruption in therapy are antibiotics, acute care pain medications, insulin (especially in the

Type 1 patient with diabetes mellitus), medications that require monitoring levels (e.g., valproic acid), and medications that may have a ‘rebound’ detrimental effect (e.g., paroxetine, clonidine, or beta-blockers [metoprolol & atenolol]). These are primarily the medications that will be considered ‘emergency’ and days supply will be limited to a maximum of 10 days (or up to a 14-day antibiotic course). A Formulary will be developed by the Vendor and approved by the Medical Center. This Formulary will be shared with each CBOC once approved. Each Medical Center’s formulary list may be different, and each list shall be approved by the requisite Medical Center.

3.5 This contractual arrangement is not meant to be utilized for routine (refill) medications or new (non-emergent) medications.

3.6 All Controlled II Class Drugs (e.g., methadone, oxycodone, morphine) will be processed by the Medical Center pharmacy.

3.7 VA beneficiaries will pick up their prescriptions at the dispensing pharmacy. No prescriptions are to be mailed or delivered.

3.8 The contractor shall assure that all persons, whether they be employees, agents, sub-contractors, or anyone acting for or on behalf of the contractor, are properly licensed at all times under applicable state law and/or regulations and may be subject to privileging and or background checks by the VA. The parties agree that such personnel shall not be considered a VA employee for any purpose and shall be considered employees of the contractor.

3.9 The contractor shall provide Pharmacy Management Services to include traditional prescription screening, dispensing and counseling services (by a registered and licensed pharmacist) to eligible veterans presenting authorized prescriptions from providers at the applicable CBOC.

3.10 Printed drug information shall be provided to each patient to supplement verbal instructions. These services shall require a medication history and check for allergies, interactions and duplications.

3.11 Pharmacies authorized to fill prescriptions under the contractor’s plan shall agree to the following conditions:

a. The contractor and its 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 applies to this contract.

b. Representatives of the VA are authorized to visit the premises of any pharmacy filling

VA prescriptions under the contractor’s plan during business hours for the purpose of auditing and evaluation, which may include the inspection of clinical records. VA representative shall be given 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.

c. Contract pharmacies shall maintain a log of VA prescriptions filled and have the patient sign next to each prescription number for each prescription received. A copy of the log shall be maintained at the contract pharmacy and be readily accessible for random

VA inspection.

d. All adverse drug events reported to the contractor’s pharmacies by beneficiaries of the

VA will be reported to COR. Adverse drug events include dispensing errors, drug allergies, and adverse drug reactions.

e. Pharmaceutical care provided to beneficiaries under this contract shall meet all standards applicable to the current Joint Commission accreditation manual for

Ambulatory Care/Pharmaceutical Services.

3.12 The VA Contracting Officer Representative (COR) will provide contractor, via phone, all existing and/or new VA physicians’ state license number, federal and/or State drug license number, and National Provider Identifier (NPI). The contractor shall immediately notify its contract pharmacies of the physician information so as to avoid delay in patient services.

Notification of physician information may occur on either the day the VA physician fills-in at the CBOC or prior to CBOC duty as time allows.

3.13 Medical supplies, injectable and prosthetic items are not included in this contract except for emergency supply of insulin vials and syringes.

4. Insurance: The contractor shall be responsible for:

4.1 Contractor shall submit concurrent with quote documentation that the required insurance has been obtained.

4.2 Worker compensation and employer's liability: The Contractor shall comply with applicable Federal and State Worker Compensation and occupational disease statutes.

4.3 General Liability: The Contractor shall have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per

Occurrence

4.4 Property Damage Liability: The Contractor shall have Property Damage

Liability insurance coverage of at least $500,000

5. Price Schedule:

5.1 The contract rate is an all-inclusive rate. No separate fees shall be allowed for such incidental costs of malpractice insurance coverage, supplies, equipment, etc. The price for the medications shall be based on a negotiated percentage of the Average Wholesale Price

(AWP) and a dispensing fee. The total price charge 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.

5.2 Contractor shall provide dispensing fee prescription and discounts offered, as well as indicate the AWP source (Blue Book, Medispan, or Red Book) it is using to base their discount on in their technical quote.

6. Environment of Care: The contractor shall maintain a clean and safe environment at all times.

7. Contracting with Parties Listed on the OIG List of Excluded Individuals/Entities: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Office of Inspector

General has established a list of parties and entities excluded from Federal health care programs.

Specifically, the listed parties and entities may not receive Federal payments due to fraud and/or abuse of the Medicare and Medicaid programs. The list of excluded individuals/entities can be found on the OIG web site at www.hhs.gov/oig. At the signing of the contract, the contractor is affirming that OIG site has been reviewed and that none of the contractor’s employees are on this list.

8. Invoices/ Payments: 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.

8.1 All invoices shall be submitted in arrears, properly prepared in accordance with FAR

52.212-4, contain sufficient details, and match with the services for the work rendered.

8.2 The monthly summary invoice shall include a subtotal of each clinic with the number of scripts written at that clinic and the overall costs. There shall also be an attached spreadsheet that reflects: Patient’s name, last 4 of social security number, medication, days fill, total medication dispensed and cost for each of the clinics.

8.3 Payment for services rendered by the Contractor under the terms of this contract shall be made monthly upon receipt of a properly executed invoice. Invoice shall be submitted within ten (10) workdays following the end of a month in which the Contractor rendered services.

VA will verify services performed and certify invoice for payment within thirty (30) days following date of receipt. Any identified discrepancy(s) in billings shall be cause for extending provisions of this paragraph until such time as the discrepancy or other identified problem with the billing invoice has been resolved.

8.4 The Contractor shall send a copy of each invoice, via encrypted email to the COR for validation, and for funds management.

8.5 The Contractor shall accept payment for services rendered under this contract as payment in full and shall not bill the Veteran or their third-party insurer for any services covered under this contract. Contractor shall not under any circumstances charge VA beneficiaries or their insurance companies for services rendered by the contractor even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

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

10. No personal information, social security number, etc., concerning the Veteran patient is conveyed by the VA to the contracted pharmacies.

11. Government personnel observed Holidays: The Government hereby provides notice and

Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by the President’s Proclamation

12. Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

13. Performance Requirement Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance

Objectives

Standard Performance

Standard

Method of

Surveillance

Corrective Measure

3.3. Generic

drugs shall be dispensed, if in the professional judgment of the pharmacist the substitute product is available, safe, effective, and to the greatest extent possible, contains the same chemical ingredients of

Generic drugs dispensed without delay or issues.

98 % Inspection to include visit the premises

Analysis of

Contractor’s

Reports

Contract Deficiency

Report (CDR)

Reductions in payments at the discretion of the contracting officer.

Additionally, a negative past performance review of the contractor could affect future contract awards the same strength, quantity and dosage of the brand name. All generic products used shall be in compliance with

Federal and State requirements.

Brand name drugs ONLY if no generic form of the drug exists in the marketplace.

3.4 Medications

which typically should be started immediately or should not have an interruption in therapy are antibiotics, acute care pain medications, insulin

(especially in the Type 1 patient with diabetes mellitus), medications that require monitoring levels

(e.g., valproic acid), and medications that antibiotics, acute care pain medications, insulin dispensed without delay or issues.

98 % Inspection to include visit the premises

Analysis of

Reductions in payments at the discretion of the contracting officer.

Additionally, a negative past performance review of the contractor may have a

‘rebound’ detrimental effect

(e.g., paroxetine, clonidine, or beta-blockers

[metoprolol & atenolol]).

All adverse drug events reported to the contractor’s pharmacies by beneficiaries of the VA will be reported to COR.

Adverse drug events include dispensing errors, drug allergies, and adverse drug reactions.

Contractor reported adverse drug on time to VA COR.

98 % Inspection to include visit the premises

Analysis of

Reductions in payments at the discretion of the contracting officer.

Additionally, a negative past performance review of the contractor could affect future contract awards

Invoice/Payment Contractor submitted monthly summary invoice that include a subtotal of each clinic with the number of scripts written at that clinic and the overall costs.

98 % Inspection to include visit the premises and Monthly summary submitted

Contract Deficiency

Report (CDR)

Reductions in payments at the discretion of the contracting officer.

Additionally, a negative past performance review of the contractor could affect future contract awards

Invoice/Payment Contractor submitted an attached spreadsheet that reflects: Patient’s name, last 4 of social

98 % Inspection to include visit the premises and security number, medication, days fill, total medication dispensed and cost for each of the clinics

Spreadsheet submitted

Reductions in payments at the discretion of the contracting officer.

Additionally, a negative past performance review of the contractor

B.4 REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Department of Veterans Affairs (VA) has implemented

Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval

System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract. Each person granted access will have the ability to provide comments in the Contractors portion of the report and state whether or not the

Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions.

Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for Online Training for

Contractor Representatives, and a practice application may be found at this site.

(e) The Assessing Official will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. The Contractor Representative has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the Assessing Official. The Contractor

Representative has a total of 60 days following the Assessing Official’s evaluation signature date to send comments. If the Contractor Representative sends comments within the first 14 days following the Assessing Official’s signature date and the Assessing Official or Reviewing

Official closes the evaluation, the evaluation will become available in PPIRS-RC within 1 day.

On day 15 following the Assessing Official’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without Contractor Representative comments and whether or not it has been closed by the Assessing Official or Reviewing Official. If no

Contractor Representative comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC. If the Contractor Representative sends comments at any time prior to 61 days following the Assessing Official’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the Assessing

Official’s evaluation signature date, the Contractor Representative will be “locked out” of the evaluation and may no longer send comments.

(f) The following guidelines apply concerning Contractor Representative use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting

Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

SECTION C - CONTRACT CLAUSES

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.1 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 April 1, 2021 through March 31, 2026.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.2 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 78,944;

(2) Any order for a combination of items in excess of 78,944; 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.

(End of Clause)

C.3 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 March 31, 2026.

(End of Clause)

C.4 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) year.

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond 03-31-2022. 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 03-31-2022, 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.6 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/

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Food and Drug Administration (FDA), United States Pharmacopeia (USP), Health Insurance Portability and Accountability Act (HIPAA)

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Food and Drug Administration (FDA), United

States Pharmacopeia (USP), Health Insurance Portability and Accountability Act (HIPAA)

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

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.

[] 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.

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

[X] 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.

[] 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 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.219-75 Subcontracting Commitments Monitoring and

Compliance.

(b) The Contractor is advised that in performing contract administration functions, the Contracting

Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(NOV 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 2020) (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 (JUN 2020), with Alternate I

(OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[x] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[X] (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 (JUN 2020)

(Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (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. (JUN 2020) (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]

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 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 (JUN 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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (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 (NOV 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 (JUN 2020) (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 (JUN 2020) (29 U.S.C. 793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (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 (OCT 2020) (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 High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[X] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of…