36C26120Q0591.docx

36C26120Q0591

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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 ATTA

CHED

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. SIGNAT

URE 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

36C26120Q0591 06-08-2020 Latasha Winston 916-923-4973 06-22-2020 11:59 pm PST

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 561320 $30 Million N/A X Department of Veteran Affairs VA Palo Alto Healthcare Systems 3801 Miranda Avenue Palo Alto, CA 94304

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This is a Request for Quote for Ten (10) pharmacy technician to work in various VAPAHCS Pharmacy Service inpatient and Outpatient Pharmacy sections of the three Divisions:

Palo Alto, Menlo Park, and Livermore Division Please refer to the Addendum to the Instructions to Offerors for details on how to respond.

Please refer to the Evaluation Health Care Resources for information on how quotes will be evaluated.

IDIQ Period of Performance:

08/01/2020 - 07/31/2022 Ordering Period One: 08/01/2020 -07/31/2021 Ordering Period Two: 08/01/2021 - 07/31/2022 Point of Contact is Latasha Winston Email questions to latasha.winston@va.gov See CONTINUATION Page X X Latasha Winston

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:

0. CONTRACTOR: TBD

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

1. INVOICES: Invoices shall be submitted in arrears:

1. Quarterly [ ]

1. Semi-Annually [ ]

1. Other [X] Monthly - in Arrears

4. GOVERNMENT INVOICE ADDRESS: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact: 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.

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/us/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

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

B.2 PRICE/COST SCHEDULE

The Contractor shall furnish all personnel to provide pharmacy technician services for the Department of Veterans Affairs in accordance with the specifications listed herein. All work performed under this contract will be completed at VA.

The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract is $3,000,000. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

Place of Performance: Services shall be provided on-site at either of the three VAPAHCS divisions:

Palo Alto Division 3801 Miranda Avenue Palo Alto, CA 94304 Menlo Park Division 795 Willow Road, Menlo Park, CA 94025 Livermore Division 4951 Arroyo Road, Livermore, CA 94550

Ordering Period One: Period of Performance: August 01, 2020 through July 31, 2020

ITEM INFORMATION

0.00

PHARMACY TECHNICIANS

0001AA

(6) Pharmacy Technicians (40 hrs per week/ x 52 weeks x 6 contractors) Palo Alto Division

0001AB

(2) Pharmacy Technicians (40 hrs per week/ x 52 weeks x 2 contractors) Menlo Park Division

0001AC

(2) Pharmacy Technicians

Livermore Division

Ordering Period Two: Period of Performance: 08/01/2021 Through July 31, 2022

0.00

PHARMACY TECHNICIANS

0002AA

(6) Pharmacy Technicians (40 hrs per week/ x 52 weeks x 6 contractors) Palo Alto Division

0002AB

(2) Pharmacy Technicians

Menlo Park Division

0002AC

(2) Pharmacy Technicians

Livermore Division

B. 3 PERFORMANCE WORK STATEMENT

1. GENERAL

1.1 SERVICES REQUIRED: VA Palo Alto Health Care System (VAPAHCS) requires contractor services to perform pharmacy technician services for the care of patients. All services will be performed under the direction of a licensed pharmacist at the VAPAHCS Palo Alto, Livermore, or Menlo Park Division. Services include a full range of inpatient and outpatient pharmacy technician duties. All services will be on an as-needed basis.

1.2 PLACE OF PERFORMANCE: The Contractor shall perform all work onsite at either of 3 VAPAHCS divisions:

Palo Alto Division 3801 Miranda Avenue Palo Alto, CA 94304 Hours of Operation:

7 days/ week, 24 hours Menlo Park Division 795 Willow Road Menlo Park, CA 94025 Hours of Operation:

M-F, 8am-8pm Livermore Division 4951 Arroyo Road Livermore, CA 94550 Hours of Operation:

M-F, 8am-5:30pm

1.3 PERIOD OF PERFORMANCE: The period of performance (POP) shall be for two (2) year contract starting on the effective award date of the contract.

1.3.1 The Contractor shall not perform work beyond the POP unless there is written authorization by the Contracting Officer. Any work performed without prior authorization will be performed by the Contractor at no additional cost to the Government.

2. CONTRACTOR TASKS/RESPONSIBILITIES

2.1 Contractor personnel will be assigned to work in various VAPAHCS Pharmacy Service Inpatient and Outpatient Pharmacy sections of the three Divisions listed above. The Contractor shall provide adequate numbers of pharmacy technicians to cover the patient care needs of each Division; meaning multiple (up to 10) contract pharmacy technician may be needed on the same day at the same location (potentially during the same shift, or during different shifts) or different locations. The Contractor shall provide pharmacy technician services to cover tours of duty lasting 8 hours each and all services will be on an as-needed basis. The following are the potential tours of duty that contractor personnel may be scheduled to work at each of the three locations:

2.1.1 Palo Alto Division: Sunday – Saturday (7 days per week) 7:00am – 3:30pm; 7:30am – 4:00pm; 9:00am – 5:30pm; 10am – 6:30pm; 12:30pm – 9:00pm; 3:30pm – 12 midnight

2.1.2 Menlo Park Division: Monday – Friday (5 days per week) 8:00am – 4:30pm; 9:30am – 6:00pm; 10am – 6:30pm; 11:30am – 8:00pm

2.1.3 Livermore Division: Monday – Friday (5 days per week) 8:00am - 4:30pm; 8:30am – 5:00pm

Scheduling will be provided to the Contractor minimally 2 weeks or greater in advance.

Per VAPAHCS Pharmacy Service needs, location assignments will be determined and assessed on a regular basis. Contracted personnel may be required to rotate through all three sites. Location assignments may change based on immediate need of the service.

An estimate of the maximum number of Contractors needed for each site is:

Shifts will be scheduled on an eight-hour workday shift basis. There will be no overtime (OT) provided and will not be reimbursed or paid by the government.

2.2 Federal Holidays: The Contractor is not expected to work on Federal Holidays. The holidays are: New Year’s Day; Martin Luther King Jr.’s Birthday; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day; and any other day officially declared by the President of the United States to be a federal holiday.

2.3 The Contractor shall provide the following services:

2.3.1 Process, fill, and deliver inpatient medication orders and outpatient prescriptions for the assigned section.

2.3.2 Utilize relevant VA computer software applications including the Veterans Health Information Systems and Technology Architecture (Vista) and pharmacy automation in completing daily functions.

2.3.3 Prepare sterile intravenous (IV) medications, including chemotherapy and hazardous agents, and perform required IV room maintenance, quality/environmental control monitoring, and record keeping per United States Pharmacopeia (U.S.P.) 797 and 800 guidelines, departmental policies and procedures.

2.3.4 Maintain adequate medication stock and storage within assigned section, and properly handle outdated, deteriorated, and recalled medications.

2.3.5 Provide excellent customer service to patients, family members, caregivers, visitors and others within the organization.

2.3.6 All services must be performed accurately and timely to ensure patient safety.

3. CONTRACTOR QUALIFICATIONS

3.1 BACKGROUND EXPERIENCE

3.1.1 Contractor personnel shall have background experience working in hospital pharmacies for inpatient assignment or retail pharmacies for outpatient assignment. Experience shall include a basic knowledge of pharmaceutical nomenclature; characteristics, strengths, and dosage forms of pharmaceuticals; pharmaceutical systems of weights and measures; and the variety of procedures and techniques involved in the care, storage, repackaging, bulk compounding, and distribution of pharmaceuticals.

3.1.2 Contractor personnel are required to have certification by the National Pharmacy Technician Certification Board (PTCB) and shall be proficient in spoken and written English.

3.1.3 Contractor personnel are required to clear a Tuberculosis (TB) test and pass a basic physical, to ensure they can meet the physical demands of the position, including but not limited to; standing and walking 8 hours a day, bending, stretching and lifting up to 30 pounds.

3.2 MEDICAL RECORDS

3.2.1 Authorities: Contractors providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the United States Code (U.S.C.) 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of Claimants Records), 5 U.S.C. 552 (Freedom of Information Act FOIA)), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of Certain Medical Records), Title 5 U.S.C. § 522a (Records Maintained on Individuals) as well as 45 Code of Federal Regulations (C.F.R.) Parts 160, 162, and 164 (Health Insurance Portability and Accountability Act (HIPAA)). This contract and its requirements meet the exception in 45 C.F.R. 164.502(e), and does not require a BAA in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractor by the VA are covered by the VA system of records entitled ‘Patient Medical Records-VA’ (24VA19). Contractor generated VA patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractors shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at the Contractor’s expense. Contractors shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

3.2.2 Disclosure: The Contractor may have access to patient medical records; however, the Contractor must obtain permission from the VA before disclosing any patient information. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over the Contractor, may have access to VA‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor, Contractors and/or Sub-Contractors.

3.2.3 Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor and Contractors to release patient information, the Contractor and Contractors in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor and Contractors shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor and Contractors with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient’s consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer at the following address:

3.3 ACCURATE MEDICATION ORDERS/PRESCRIPTIONS – The Contractor shall meet the following responsibilities:

3.3.1 All medication orders/prescriptions are processed and filled accurately in accordance with all laws, rules, regulations, and policies. Workload is prioritized so that orders/prescriptions are delivered in a timely manner. Any potential order/prescription problems are brought to the attention of the pharmacist for review. Products prepared for mailing are wrapped and packaged properly and all necessary forms are completed.

3.3.2 Medications deemed unnecessary or unusable by nursing staff and placed in “Return to Pharmacy” bins are retrieved and returned to Pharmacy Service in a timely manner and assessed for appropriateness to reuse or dispose per pharmacy policy. Patient medications brought into the hospital upon admission are surrendered to the pharmacy and processed according to policy.

3.3.3 Prior to releasing medications, prescriptions, or supplies for window pick up, the correct identity of the patient or patient’s representative is verified by using at least two patient identifiers.

3.3.4 Pharmacy equipment is routinely cleaned and properly maintained and calibrated if required according to policies and procedures and/or manufacturer recommendations.

3.4 STERILE INTRAVENOUS MEDICATIONS – The Contractor shall meet the following responsibilities:

3.4.1 Complex technical functions involved in compounding all IV admixtures are performed accurately and thoroughly in accordance with U.S.P. 797 and 800 guidelines and IV policies and procedures. All pharmacy IV admixture products, compounded or commercially available stock items, are not released from pharmacy custody unless and until they are verified and initialed by a pharmacist. Strict measures and documentation for the compounding and delivery of controlled substance IV admixtures/syringes are adhered to per departmental policies and procedures. Any unused, returned IV products are recycled for reuse if appropriate. The technician will perform required IV room maintenance, quality/environmental control monitoring, and record keeping per United States Pharmacopeia (USP) 797 and 800 guidelines departmental policies and procedures.

3.4.2 All hazardous drugs are stored, maintained, compounded, and disposed appropriately in accordance with departmental policies, procedure, and State and Federal laws and regulations. Any waste, spills, and/or exposures are handled in accordance with health care system policies and procedures.

3.4.3 In accordance with departmental policies and procedures: Mandatory records, documents, and quality control logs are maintained; all required maintenance, cleaning activities, and environmental control monitoring are performed thoroughly and consistently, and documentation of completion is logged concurrently.

3.5 ADEQUATE MEDICATION STOCK AND STORAGE – The Contractor shall meet the following responsibilities:

3.5.1 Adequate stock of pharmaceuticals and supplies for the pharmacy area of responsibility is maintained by communicating with the procurement personnel items that are low or out of stock. During the filling and processing, out of stock orders are communicated to the pharmacist at the time of discovery so that the pharmacist can follow up with the ordering provider appropriately.

3.5.2 All incoming stock is received and stored per departmental policies and procedures. Stock is rotated as necessary to utilize the shortest expiration date items first. Refrigerators/freezers are monitored and any problems resolved to ensure no drug is wasted due to improper storage. Monthly assigned ward inspections are thoroughly and consistently performed within timeframes.

3.5.3 Outdated, deteriorated, and damaged medications are disposed of in the appropriate pharmaceutical waste container and/or placed inside the reverse distributor returned bin for credit processing according to policy and procedures. As assigned, recalled drugs are properly returned to Pharmacy Service, isolated, and secured to prevent dispensing.

3.6 EXCELLENT CUSTOMER SERVICE – The Contractor shall meet the following responsibilities:

3.6.1 Communicates with customers in a courteous, tactful, and helpful manner. Identifies the customer’s situation properly, and performs the tasks required to resolve the customer’s questions/issues accurately and in a timely manner. Conducts necessary follow-up to ensure a satisfactory resolution. If needed, verbal and/or written information is provided in a timely manner that is thorough and correct, using clear and precise communication methods to ensure customers understand. Questions/issues are referred in a timely manner to appropriate staff able to assist with the situation.

3.7 GENERAL PERFORMANCE

3.7.1 The Contractor shall comply with policies and procedures, State and Federal laws and regulations (e.g., Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), U.S.P., Environmental Protection Agency (EPA)), The Joint Commission standards, and other program review criteria that govern service, and ensures that requirements are in place, documented, and functioning properly as evidenced by both internal and external reviews. The Contractor shall demonstrate participation and knowledge of the facility’s Compliance and Business Integrity Program to prevent violations of the law as well as maintaining high ethical standards.

3.7.2 Medication variances (i.e., actual event as well as close calls) and adverse drug reactions are documented and reported per policy by completing the appropriate documentation tool in a timely and accurate manner.

3.7.3 Proficiency in the operations of the relevant VA computer packages and pharmacy automation is consistently demonstrated.

3.7.4 Work area is consistently maintained in a clean, organized, and secure manner. Shared work areas are adequately stocked with supplies to ensure subsequent staff has appropriate tools to perform work.

3.7.5 Provide timely and quality service to Veterans. Work is prioritized and completed in a timely manner within established timeframes and deadlines.

3.8 MANDATORY TRAINING AND ADP SECURITY – Contractor personnel shall meet all VA Contractor educational requirements.

3.8.1 In performance of official duties, Contractor personnel have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, federal regulations, VA statutes, policies and regulations. Contractor personnel are responsible for: (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion; and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which Contract personnel sign.

3.9 PERFORMANCE STANDARDS, QUALITY ASSURANCE, AND QUALITY IMPROVEMENT

3.9.1 The Government reserves the right to refuse acceptance of Contractors at any time after performance begins, if personal or professional conduct or performance jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Issues with performance, such as making medication errors or failing to follow proper procedures in workflow or with high cost pharmacy equipment, will initially be brought to the attention of the Contractors; in an attempt to correct/improve their performance. Should improvements not be made, the problems will be escalated to the Contracting Officer (CO). The Contracting Officer (CO) and Contracting Officer’s Representative (COR) shall deal with issues raised concerning Contractor’s conduct or performance. The final arbiter on questions of acceptability is the CO.

3.9.2 The Government reserves the right to refuse any contract personnel from providing services at any time, if they fail to meet any of the required standards as part of the contract. The government has final decision on determining which contracted personnel will be refused.

3.9.3 The CO shall resolve complaints concerning the Contractor and/or Contractors’ relations with the Government employees or patients. The CO is final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

3.9.4 Quality Improvement: Contractors shall participate in Quality Improvement and Performance Improvement activities with staff as required by The Joint Commission (or equivalent), and directed by the Chief of Service, Chief of Staff, or designee. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b). Contract personnel shall be subject to Quality Management measures, such as patient satisfaction surveys, timely completion of medical records, and Peer Reviews.

3.9.5 The contractor is fully responsible for the protection and the costs associated for contracted personnel. This includes but is not limited to such items as: health examinations, worker’s compensation, liability insurance and leave including sick, annual and others. The government will not provide or be held responsible for such items.

3.9.6 In order to adequately document services provided under this contract, a record keeping system of Contractor work hours shall be established and implemented by the COR. The COR is responsible for verifying the number of actual hours worked by each contract person through medical records and/or other appropriate methods and certifying payment of each hour worked. Documentation of actual work hours must be sufficient to ensure proper payment and allow audit verification that services were provided. The COR shall monitor the response of contract personnel to all VA calls/pages and requests for callback.

3.10 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) – See attached

3.11 REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

3.11.1 As prescribed in FAR Part 42.15, the VA evaluates Contractor past performance on all contracts that exceed $150,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, Contractor Performance Assessment Reporting System (CPARS), which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

3.11.2 Each Contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the Contractor’s registered representative.

3.11.3 For contracts with a period of one year or less, the Contracting Officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the Contracting Officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have thirty days to submit any comments and reassign the report to the VA Contracting Officer.

3.11.4 Failure to have a current registration with the CPARS database, or to reassign the report to the CO within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond.

4. OTHER ADMINSTRATIVE RESPONSIBILITIES

4.1 INVOICES: Invoices will be paid in arrears monthly. Invoices must include at minimum, the following information: date of invoice; vendor name; contract number, purchase order number, services provided, and the period of service. Under no circumstances shall the Contractor commence with any additional services without the written approval of the Contracting Officer. Any additional services performed without this approval will be at the Contractor’s expense.

4.2 The Contractor shall be paid for actual services provided by Contractor personnel. The Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

4.3 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

4.4 The Contracting Officer Representative (COR) will review and evaluate the state of contract on a monthly basis. COR will review the services provided by the contractor and their pharmacy technicians to determine if they are meeting the requirements as stated on the contract. Any issues will be submitted to the Contracting Officer for review and resolution.

B.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 30 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 30 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING,…