36C25724Q0001_1.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

671-24-1-056-0010 36C25724Q0001 06-29-2023 Matt Lee 210-694-6337 07-10-2023

5PM

CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio

TX

78240 X X Y 325412 1250 Employees N/A X Department of Veterans Affairs Audie L. Murphy VA Hospital 7400 Merton Minter Attn: Pharmacy Service San Antonio

TX

78229 36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio

TX

78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page This requirement is being procured as a 100% set-aside for

SDVOSB

Please see Section B for Price/Cost Schedule.

Please submit all questions to Matt Lee at matthew.lee5@va.gov by 06/30/2023 @ 5PM NOON CST.

Review FAR52.212 for evaluation criteria.

Please submit all quotes to Matt Lee at matthew.lee5@va.gov by 07/10/2023 @ 5PM CST.

NOTE: RFQ 36C25724Q0001 is replacing RFQ 36C25723Q1060 with no changes.

$0.00 See CONTINUATION Page X X X 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: TBD

b. GOVERNMENT: Contracting Officer 36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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.

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

Community Based Outpatient Clinic Emergent Prescriptions

The PBM vendor will provide formulary management for a list of medications approved by VA Pharmacy and supply a retail pharmacy network that can fill/dispense prescriptions on an emergent basis until therapy is complete or the patient’s assigned VA Pharmacy can deliver a standard supply for continuation of therapy.

South Texas Veterans Health Care System: Bid Proposal Base Year: October 1, 2023, through September 30, 2024

Option Year 1: October 1, 2024, through September 30, 2025

Option Year II: October 1, 2025, through September 30, 2026

Option Year III: October 1, 2026, through September 30, 2027

Option Year IV: October 1, 2027, through September 30, 2028

Flu Vaccinations

Injectable Seasonal Influenza Vaccine (Trivalent) – Per Vaccination

$0.00 Fixed Fee

Injectable Seasonal Influenza Vaccine (Quadrivalent) – Per Vaccination

$0.00 Fixed Fee

Intranasal Seasonal Influenza Vaccine (FluMist) – Per Vaccination

$0.00 Fixed Fee

Intradermal Influenza Vaccine Trivalent (Short Needle) – Per Vaccination

$0.00 Fixed Fee

Intradermal Influenza Vaccine Quadrivalent (Short Needle) and Flublok – Per Vaccination

$0.00 Fixed Fee

Injectable Seasonal Influenza Vaccine High-Dose (Fluzone) – Per Vaccination

$0.00 Fixed Fee

Other Vaccinations $0.00 + $0.00 Administration Fee

SCOPE OF WORK/SPECIFICATIONS

1.0 DESCRIPTION OF SERVICES:

This Statement of Work (SOW) is to establish filling emergent limited supply prescriptions for STX CBOCs. Including some vaccines and other injectables.

2.0 SCOPE OF WORK

The Pharmacy Benefits Management (PBM) vendor must always provide pharmacy services for formulary management and supply a retail pharmacy network to fill/dispense emergent prescriptions up to a ten (10) days’ supply per the requirements defined in this Statement of Work (SOW).

The PBM vendor must always ensure that its network retail pharmacies dispense prescriptions in accordance with VA Pharmacy program’s mandatory generic substitution policy, VHA Handbook 1108.08 (http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2417).

3.0 Specific Requirements

a. For non-personal services; contract personnel performing under this contract shall perform services under the control and general supervision of the Chief, Pharmacy Service, STVHCS and/or the Contracting Officer’s Representative (COR).

b. To provide First Fill prescriptions service for STVHCS facilities to include urgent/emergent vaccinations at a flat administration injection fee.

c. To provide Emergency prescriptions services up to thirty (30) days’ supply for VISN 17 facilities.

d. The contractor will provide qualified personnel who will fulfill the requirement to provide pharmacy services to include urgent/emergent vaccinations with a flat administration of injection fee enabling STVHCS to provide such services at a high level of quality.

e. Services shall include the formulary management and dispensing of pharmaceuticals reflected on the STVHCS urgent/emergent pharmaceutical formulary listing as prescribed by authorized CBOC staff. CBOC providers prescribing urgent/emergent medications for Veterans from the formulary listing will complete a VA Initial Fill Certificate that will contain the Veteran’s full name, and a 9-digit identifier consisting of the last four digits of his/her Social Security Number, the first letter of his/her last name, and his/her four-digit birth year. The Veteran will take this certificate to a local contracted retail pharmacy to have the urgent/emergent prescription filled.

f. The Contractor’s network retail pharmacies must always follow established clinical protocol for registration of new patients to determine a Veteran’s allergy and previous drug history.

g. The Contractor must establish procedures that include instructions for prescribing a maximum ten (10)-day supply of medication(s) without refills when it is determined medically urgent/emergent by the CBOC providers. Retail pharmacy network prescriptions that are not dispensed to the Veteran must always be reversed seven (7) days after the date they were filled. The network retail pharmacies must always provide Veterans the same quality of services provided to beneficiaries of other commercial clients, to the extent allowed by federal law/regulation and this contract.

h. The Contractor must always ensure that all pharmacy documents, and the receipt of the medication by the Veteran or the individual authorized by the Veteran, are in accordance with all applicable state and federal laws. The Contractor must always ensure that network retail pharmacies have procedures to reasonably assess the validity of prescriptions ordered by fax, telephone, and e-prescribing.

4.0 Schedule of Deliverables:

The Contractor must always be prepared to comply with requests for information, including those originating from Congress, using company letterhead, complete sentences, and professional English. The Contractor must always comply with the request of Government and independent auditors during audits of this contract and all associated contract documentation, including but not limited to, invoices and medical records.

a. Delivery Address – Deliverables must always be submitted to the COR designated in the appointment letter, unless otherwise specified in the SOW.

b. Method of Delivery – Electronic copies must always be delivered using Microsoft Office (for example: word, excel, PowerPoint) unless otherwise specified in the SOW or by the COR.

c. Government Acceptance – the COR will have 10 business days after receipt to review deliverables, notate deficiencies, or make other comments. The vendor must always have 5 business days after receipt of returned deliverables to make corrections. Upon receipt of the resubmitted deliverables, the COR will have 5 business days for final review prior to acceptance or providing documented reasons for rejection or for failure to comply with the contract requirements. In the event of a rejected deliverable, the vendor will be notified in writing by the COR of the specific reasons for rejection. The vendor must always have 5 business days to correct the rejected deliverable and return it per delivery instructions.

d. Schedule of Deliverables – Monthly deliverables must always be delivered on the 10th day after the end of the previous month, unless otherwise specified in the SOW. Quarterly deliverables will be delivered on the 15th day of the VA fiscal quarter.

5.0 Quality Assurance Surveillance Program (QASP)

The Vendor will ensure quality pharmacy services are provided timely, by qualified and competent staff, and that any related PHI and EPH is safe guarded always in accordance with VA requirements.

6.0 Security Considerations:

Safeguarding PHI and EPHI is a primary concern for VA staff and must be a primary concern for the vendors personnel providing services under this contract. The vendor will ensure that should the vendor personnel cause and/or identify a breach of PHI or EPHI, such will be reported immediately to the Chief, Pharmacy Service, South Texas Veterans Health Care System and/or the COR.

7.0 Privacy Information:

The C&A requirements do not apply, and security accreditation package is not required.

a. Information Systems Officer, Information Protection – The vendor will not have access to a VA Desktop computer, nor will they have access to online resources belonging to the government while conduction services.

b. Privacy Officer – The vendor will have access to Veterans’ patient health information in the form of Veteran’s full name, a 9-digit identifier consisting of the last four digits of his/her Social Security Number, first letter of his/her las name, and four-digit birth year provided by the VA CBOC via a hardcopy initial prescription fill certificate. The vendor will not have the capability of accessing other patient information during the services provided to the VA.

1. Security Incident Investigation

a. The term “security incident” means an event that has, or could have resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The vendor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in systems to which the vendor has access.

b. To the extent known by the vendor, the vendor notice to the VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when and where the VA information or assets were placed at risk or compromised), and any other information that the vendor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The vendor, its employees, and its sub-vendor and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The vendor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

2. Liquidated Damages for Data Breach:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the vendor processes or maintains under this contract.

b. The vendor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

1. Nature of the event (loss, theft, unauthorized access);

2. Description of the event, including:

a. date of occurrence;

b. data elements involved, including any PII, such as full name, social security number date of birth, home address, account number, disability code;

3. Number of individuals affected or potentially affected;

4. Names of individuals or groups affected or potentially affected;

5. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

6. Amount of time the data has been out of VA control;

7. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

8. Known misuses of data containing sensitive personal information, if any;

9. Assessment of the potential harm to the affected individuals;

10. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

11. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $31.50 per affected individual to cover the cost of providing credit protection service.

1. Notification;

2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3. Data breach analysis;

4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. S to affected individuals consisting of the following:

c. Records Manager:

(1) Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

(2) Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

(3) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

(4) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

(5) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

(6) The Government Agency owns the rights to all data/records produced as part of this contract.

(7) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

(8) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

(9) No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

(10) Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

8.0 Contract Documents or Attachments

1. VISN 17 Locations and POC contact information.

Disaster Response Protocols PBM Contractor Contacts:

Customer Care – XXX-XXX-XXXX Normal Operating Hours Disaster Response Operating Disaster Response Account Manager

Plan Parameters:

If you receive a call from the VISN or Retail Pharmacist:

Q: What are the criteria for a veteran who needs a non-emergent prescription refill or new prescription?

A: Veterans should contact their home VA to provide updated address information, and request refills/renewals as they normally would. For any veteran unable to reach their home VA they should call the PBM Contractor at 1-XXX-XXX-XXXX

Q: What are the criteria for re-filling urgent medications?

A: At this time, the criteria for filling these emergency fills and refills are:

1. Veteran must have either:

a. An empty vial of medications from a VA Pharmacy that is not older than 6 months and it indicates there are refills available.

b. A new prescription on a valid VA prescription form.

2. The medication is not a controlled substance

3. Veteran must present a valid ID that confirms they are the person to whom the vial or prescription belongs.

Q: How many days’ supply will be given?

A: PBM Contractor will confirm that the pharmacy is not to dispense more than a 30-day supply of any medication.

Q: What if the Veteran doesn’t have a current vial, how can he/she get refills?

A: The veteran should go to the nearest VA facility for assistance. If the veteran cannot access a VA facility, the retail pharmacy may call PBM Contractor Customer Care Center (XXX-XXX-XXXX) and a representative will provide the retail pharmacist the proper certificate number, all processing information (BIN#, etc.), and the number to a VA Pharmacist to verify drug and criteria over the phone to dispense those prescriptions.

Q: What is the number to reach a VA Pharmacist directly? (DO NOT GIVE THIS OUT TO VETERANS OR PHARMACIES)

210-379-3344 (cell)

TBD

Q: What is the number to reach a VA Pharmacist?

A: Veteran should call STVHCS Pharmacy Refill line at 1-800-209-7377 and talk to a representative. The veteran will receive a phone call from the pharmacy by the next duty day.

Q: Where is your network? Where do I send the veteran to get refills?

A: PBM Contractor has opened our pharmacy network to include any big chain drug stores within its retail pharmacy network. All they will need is their ID card and the old prescription vial. The Pharmacist will call our toll-free number to get the information needed to fill the request.

Q: I am trying to process a refill request and am having trouble with the information. Is there special processing information I need?

A: Yes, all claims processed during this emergency program are to be processed using the following certificate and group number.

a. Submit claims to _________

b. BIN# ______

c. Person Code ___

d. RXGRP# ___________

e. Processor Control # _______

Q: I have a prescription for a controlled substance. Are you able to help me fill that?

A: Unfortunately, all controlled substance prescriptions must go through the appropriate VAMC Emergency Department

If you receive a call from a Veteran:

Q: I am trying to fill my urgent prescription, where can I go?

A: You can take your prescription bottle to any big chain drug stores within the retail pharmacy network. All they will need is your ID card and the old prescription bottle to fill the prescription as long as it is emergent. The Pharmacist will call our toll-free number to get the information needed to fill the request.

Q: I can’t find my old prescription bottle. How can I refill my medications?

A: If the veteran cannot access a VA facility, the retail pharmacy may call the PBM Contractor Customer Care Center (XXX-XXX-XXXX) and a representative will provide the retail pharmacist the proper certificate number, all processing information (BIN#, etc.), and the number to a VA Pharmacist to verify drug and criteria over the phone to dispense those prescriptions.

Group Numbers affected:

a. Attachment 1 Approved Medication List for Urgent-Emergent Drug Formulary

V171STVHCS - Drug Coverage

CETRIZINE TAB 10mg

11/09/2018

CLINDAMYCIN 300MG CAPS

CYCLOBENZAPRINE HCL tab 5mg

5-day supply limit

07/18/2019

GUAIFENESIN TAB 200 MG

MELOXICAM TAB (ALL STRENGTHS)

03/01/2020

METFORMIN HCL TAB 1000 MG

METOPROLOL SUCCINATE (ER 24 HR – OK ALL STRENGTHS)

METRONIDAZOLE TAB 500 MG

OMEPRAZOLE CAP 20MG & 40MG

03/01/2020

PHENAZOPRRIDIN 100 OR 200 MG

TERBINAFINE TAB 250MG

TRAZADONE TAB (ALL STRENGTHS)

WARFARIN NA SOLUTION

ZOSTAVAX Vaccination Vial 19400 Unit

INFLUENZA VACCINE (QUADRIVALENT)

INTRADERMAL INFLUENZA VACCINE (QUADRIVALENT SHORT NEEDLE)

INFLUENZA VACCINE HIGH-DOSE (FLUZONE)

SHINGRIX VACCINE

** All creams, inhalers, nasal sprays, and insulin vials that are on the formulary can have a 30-day supply/quantity of 1.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PHARMACY SERVICE, FILLING EMERGENT LIMITED SUPPLY PRESCRIPTIONS FOR STX CBOC'S ANNUALLY INCLUDING SOME VACCINATIONS AND VACCINTIONS ADMINISTRATION FEES. NOT TO EXCEED $ Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacology

PHARMACY SERVICE, FILLING EMERGENT LIMITED SUPPLY PRESCRIPTIONS FOR STX CBOC'S ANNUALLY INCLUDING SOME VACCINATIONS AND VACCINTIONS ADMINISTRATION FEES. NOT TO EXCEED $ Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

PHARMACY SERVICE, FILLING EMERGENT LIMITED SUPPLY PRESCRIPTIONS FOR STX CBOC'S ANNUALLY INCLUDING SOME VACCINATIONS AND VACCINTIONS ADMINISTRATION FEES. NOT TO EXCEED $ Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

PHARMACY SERVICE, FILLING EMERGENT LIMITED SUPPLY PRESCRIPTIONS FOR STX CBOC'S ANNUALLY INCLUDING SOME VACCINATIONS AND VACCINTIONS ADMINISTRATION FEES. NOT TO EXCEED $ Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

PHARMACY SERVICE, FILLING EMERGENT LIMITED SUPPLY PRESCRIPTIONS FOR STX CBOC'S ANNUALLY INCLUDING SOME VACCINATIONS AND VACCINTIONS ADMINISTRATION FEES. NOT TO EXCEED $ Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

B.3 DELIVERY SCHEDULE

7400 Merton Minter Attn: Pharmacy Service San Antonio, TX 78229

US

7400 Merton Minter Attn: Pharmacy Service San Antonio, TX 78229

US

7400 Merton Minter Attn: Pharmacy Service San Antonio, TX 78229

US

7400 Merton Minter Attn: Pharmacy Service San Antonio, TX 78229

US

7400 Merton Minter Attn: Pharmacy Service San Antonio, TX 78229

US

36C25724Q0001

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 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)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (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.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (SEP 2021) 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.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (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 Concerns (OCT 2022) (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 (OCT 2022) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (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).

[] (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 (NOV 2021) (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).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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).

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

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

[X] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record.