36C26320Q0292-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 129

N/A; to be included on task orders issued on BPA

07-01-2020 36C26320Q0292

6. SOLICITATION ISSUE DATE

03-06-2020

Doug Reed 605-336-3230 x 7844 04-03-2020

11:59pm EST

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

524292

$35 Million

N/A

X

Department of Veterans Affairs

Sioux Falls VA Health Care System

2501 W. 22nd St.

Sioux Falls SD 57105

Sioux Falls VA Health Care System

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Pharmacy Benefit Management First Fill Services to support the VA Central Iowa Health Care System and Sioux Falls VA

Health Care System

Period of Performance: 07-01-2020 to 06-30-2025

This solicitation is a Total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-Aside.

This solicitation uses FAR Part 13 (Simplified Acquisition

Procedures).

Offerors shall be registered and verified at following at time of offer:

System for Award Management (https://www.sam.gov)

Vet Biz (https://www.vetbiz.va.gov)

Refer to Section B.2 for price schedule

Refer to Section B.3 for statement of work

Service Contract Labor Standards apply; please refer to

Section D for USDOL Wage Determinations

Refer to Section E, Addendum to FAR 52.212-1, for instructions to offerors

Refer to Section E, FAR 52.212-2, for evaluation factors

See CONTINUATION Page

N/A; to be included on all BPA task orders issued against

Blanket Purchase Agreement (BPA).

X X

X 1

Doug Reed

VA-VHA-SAOC-2016-AC23EC83

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

B.4 OTHER BPA TERMS AND CONDITIONS…………………………………………….18

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.216-18 ORDERING (OCT 1995)

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

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 IT CONTRACT SECURITY

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

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 36C263 Doug Reed, douglas.reed3@va.gov

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

5. 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

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

0001 16,875.00 EA __________________ _______________

Pharmacy Benefit Management Services VA Central Iowa Health Care System Ordering Period 1: 07-01-2020 to 06-30-2021 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

0002 25,500.00 EA __________________ _________________

Pharmacy Benefit Management Services Sioux Falls VA Health Care System Ordering Period 1: 07-01-2020 to 06-30-2021 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

1001 16,875.00 EA __________________ _________________

Pharmacy Benefit Management Services VA Central Iowa Health Care System Ordering Period 2: 07-01-2021 to 06-30-2022 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

1002 25,500.00 EA __________________ _________________

Pharmacy Benefit Management Services Sioux Falls VA Health Care System Ordering Period 2: 07-01-2021 to 06-30-2022 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

2001 16,875.00 EA __________________ _________________

Pharmacy Benefit Management Services VA Central Iowa Health Care System Ordering Period 3: 07-01-2022 to 06-30-2023 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

2002 25,500.00 EA __________________ _________________

Pharmacy Benefit Management Services Sioux Falls VA Health Care System Ordering Period 3: 07-01-2022 to 06-30-2023 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

3001 16,875.00 EA __________________ _________________

Pharmacy Benefit Management Services VA Central Iowa Health Care System Ordering Period 4: 07-01-2023 to 06-30-2024 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

3002 25,500.00 EA __________________ _________________

Pharmacy Benefit Management Services Sioux Falls VA Health Care System Ordering Period 4: 07-01-2023 to 06-30-2024 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

4001 16,875.00 EA __________________ _________________

Pharmacy Benefit Management Services VA Central Iowa Health Care System Ordering Period 5: 07-01-2024 to 06-30-2025 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

4002 25,500.00 EA __________________ _________________

Pharmacy Benefit Management Services Sioux Falls VA Health Care System Ordering Period 5: 07-01-2024 to 06-30-2025 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage __________ - AWP% Brand Name _________ - AWP% Generic

ESTIMATED GRAND

TOTAL

B.3 STATEMENT OF WORK (SOW)

Description of Service

The Sioux Falls VA Health Care System (SF) and VA Central Iowa Health Care System (CI) is seeking a Contractor to provide pharmacy benefit management first fill services. Contractor shall fill first time prescriptions for patients seen at these facilities and the associated Community Based Outreach Clinics (CBOCs) and provide medication counseling per Omnibus Budget Reconciliation Act of 1990 requirements (OBRA-90). Prices shall be offered with respect to Average Wholesale Price (AWP).

This solicitation will result in a single award Blanket Purchase Agreement (BPA).

The resulting BPA is not a contract. Task orders may be issued from the BPA. There is no minimum guaranteed award amount, nor is there a maximum amount to the resulting BPA.

Locations Covered

Sioux Falls VA Health Care System 2501 West 22nd Street Sioux Falls, SD 57105

And associated CBOCs

Aberdeen CBOC 2301 8TH Avenue Aberdeen, SD 57401

Sioux City CBOC 380 West Anchor Drive Dakota Dunes, SD 57049

Spirit Lake CBOC 1850 Royal Avenue Spirit Lake, IA 51360

Wagner CBOC 400 West Highway 46 Wagner, SD 57380

Watertown CBOC 917 29th Street SE Watertown, SD 57201

VA Central Iowa Health Care System 3600 30th Street Des Moines, IA 50310

And associated CBOCs:

Carroll CBOC 311 S. Clark Street, Suite 275 Carroll, IA 51401

Fort Dodge CBOC 2419 2nd Avenue N Fort Dodge, IA 50501

Knoxville CBOC 1607 North Lincoln Street Knoxville, IA 50138

Marshalltown CBOC 101 Iowa Avenue West Marshalltown, IA 50158

Mason City CBOC 520 S. Pierce, Suite 150 Mason City, IA 50401

Period of Performance

This is a single award Blanket Purchase Agreement (BPA) for five (5) years, from 07-01-2020 to

06-30-2025; task orders will be issued against BPA for each ordering period:

Ordering Period Begins Ends

1 07-01-2020 06-30-2021

2 07-01-2021 06-30-2022

3 07-01-2022 06-30-2023

4 07-01-2023 06-30-2024

5 07-01-2024 06-30-2025

Task orders will be issued by the Government at its discretion based on continued need for services, Contractor performance, and availability of fiscal year funds for a given task order.

Task order periods of performance may be for entire ordering period stated above or a portion of, depending on Government need for services.

Estimated Quantities

The following estimates are estimated amount based on VA historical needs. The estimates are not a guarantee to the Contractor. Actual estimates on BPA task orders issued against BPA could be equal, lesser, or greater than estimated amounts listed:

Facility Location Estimated Number of Generic and Brand Name

Prescriptions Filled (Five Year Period of Performance)

Sioux Falls VA Health Care

System and associated

CBOCs

25,500

Central Iowa VA Health Care

System and associated

CBOCs

16,875

ESTIMATED QUANTITIES

TOTAL:

42,375

Scope of Work

Contractor shall provide a list of potential pharmacies that fit the demographic requirements (within 3 miles of the main facility and affiliated CBOC locations listed above). From this list, SF and CI will choose which pharmacies they would like to use for the services based on location, parking, and other veteran convenience factors as determined by each facility.

After a selection has been made, the Contractor shall create custom networks such that only the chosen pharmacies for each main facility and affiliated CBOC locations can be used for prescriptions from the providers from each main facility and affiliated CBOC locations. The CBOCs operating hours are normally 8:00 a.m. to 4:30 p.m. Central Standard Time (CST)., Monday-Friday, excluding federal holidays.

Federal holidays are:

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

In addition, the services outlined above will be provided for patients of both main facilities.

These services shall be provided for patients seen in both facilities Emergency Departments 24 hours a day, 7 days per week, 365 days per year.

As outlined above, the Contractor shall provide a list of potential pharmacies within 3 miles of both facilities. From this list, SF and CI will choose which pharmacy they would like to use for the services based on location, parking and other veteran convenience factors as determined by each facility. After a selection has been made, the Contractor shall create a custom network such that only the chosen pharmacy can be used for prescriptions from the providers from each facility.

General Requirements

Prescription Fill Process

Contract pharmacy will fill and dispense original prescriptions that are written by VA providers assigned to both facilities and CBOCs.

For Sioux Falls VA Health Care System, the Contractor shall establish a pharmacy network to provide greater flexibility to patients in locations not necessarily located in same community as

Sioux Falls VA Health Care System. The pharmacy network must be presented to Sioux Falls

Chief of Pharmacy for approval prior to starting performance. The Contractor shall establish a provider network comprised of VA providers affiliated with and performing patient care services at the Sioux Falls VA Health Care System and affiliated CBOC locations listed in this Statement of Work. The Contractor may only use, on a case by case basis, a non-VA provider outside of the established provider network with prior approval of the Sioux Falls VA Health Care System

Chief of Pharmacy.

For VA Central Iowa Health Care System, the Contractor shall establish a pharmacy network that has a single pharmacy identified for each the main facility and affiliated CBOC locations listed in this Statement of Work. The Contractor may only use, on a case by case basis, an authorized pharmacy outside of the established pharmacy network with prior approval of VA

Central Iowa Health Care System Chief of Pharmacy. The pharmacy network must be presented to Central Iowa Chief of Pharmacy for approval prior to starting performance. The

Contractor shall establish a provider network comprised of VA providers affiliated with and performing patient care services at VA Central Iowa Health Care System and affiliated CBOC locations listed in this Statement of Work. The Contractor may only use, on a case by case basis, a non-VA provider outside of the established provider network with prior approval of VA

Central Iowa Chief of Pharmacy.

Prescriptions to be filled will be presented to the contract pharmacy on a consult form for non-controlled substances. This form will have the certificate information listed at the top and the prescription information to follow. This consult will have a "wet" signature from the VA provider.

For controlled substances (CII – CIV) the consult will also be accompanied by a handwritten prescription on VA Form 10-2577F. Pharmacists will be able to provide a verbal prescription in urgent situations (non-controlled substances).

Should the state in which the dispensing pharmacy operate require other than the VA Form 10-

2577F, Security Prescription Form, it will be the Contractor’s responsibility to provide both facilities, Chief of Pharmacy, with the proper security form. The successful Contractor may obtain a sample of each VA Form from the COR.

SF and CI have developed a list of prescription drug products that are pre-approved to be sent to contract pharmacy for veterans. This list is known as the “Emergent Drug List" (EDL) and also designates the days supply amount allowable for the given drug. Both facilities will be responsible for updating, maintaining, and providing copies of the EDL to the Contractor. The

EDL will be updated no more often than every six (6) months in an attempt to minimize database maintenance efforts by the Contractor. Each facility will have a separate and distinct

EDL that they will present to the Contractor.

Prescriptions filled and dispensed through emergent fill contracts will be limited to medications of urgent need as determined by VA clinical staff and will follow safe and effective formulary management principles practiced within the VA. This may include adjudication of medications on a case-by-case basis as defined by local medical center procedure. SF and CI will maintain an emergent drug list of medication the contractor may fill without prior authorization. The Chief of Pharmacy or designee will email this “emergent drug list” to the Contractor at the time of contract award and provide updates to the list as necessary. There shall be a mechanism in place, provided by the Contractor, to provide real-time messaging and hard edits to the pharmacies in order to limit dispensed medications to the specified “emergent drug list” and to prevent medications that require prior authorization from being dispensed. Medications not on the “emergent drug list” will not be filled and dispensed without prior approval by authorized SF and CI pharmacy personnel.

This process is only for new, one-time prescriptions. No refills will be authorized.

Reimbursement shall be determined by the average wholesale price (AWP) discounted by the applicable Contractor percentage plus the applicable dispensing fee as specified on B.3 (Price

Schedule). The total price charged to both facilities shall not exceed that AWP charged to the general public and shall not exceed the price charged by the Contractor’s lowest third-party reimbursement plan.

Prescriptions shall be filled with generic drugs to the extent permitted by law. 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 must be in compliance with Federal and State requirements. Brand name drugs will only be reimbursed if no AB rated generic form of the drug exists in the market place.

“AB rated” means that drugs that have been proven to meet the necessary bioequivalence requirements through in vivo and/or in vitro testing compared to a reference standard that is currently approved. AB is the most common designation. Drugs coded as AB under a specific product heading are considered therapeutically equivalent only to other drugs coded as AB under that heading. Thus, products in this category are considered to be generic drugs.

However, an AB-rated product may carry an individual brand name. Under no circumstances may an AB-rated generic product use the patented brand name of the reference standard.

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

If the contract pharmacy is having difficulty with any claim or any other situation, they will contact the contractor. The contract pharmacy will not contact employees of both facilities. If it is determined that a claim for a non-EDL medication was not approved, the contract pharmacy will refer the veteran to contact their SF and CI provider.

Updates of providers (additions/deletions) will typically take from 24 to 48 hours, depending on when the changes are entered into the system and the system update cycle. However, the contractor will attempt to expedite the process whenever possible.

The contractor shall not make authorizations to the contracted pharmacies for prescriptions that fall outside of the normal constraints as stated within. If this occurs, the contractor will be responsible for reimbursing the local pharmacy for the prescription.

VA reserves the right to fill any prescription through the use of its own resources and/or personnel.

Audits

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

Contractor shall provide each facility with detailed monthly reports which include patient, provider, date(s) of service, medication, and cost information broken down by main facility and affiliated CBOC locations for auditing.

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 audit.

Pharmacy Service at both facilities shall review the monthly statements provided by the contractor regarding fills at the local emergent fill pharmacies. Should SF and/or CI find discrepancies in the billing, a request will be made by both facilities to the contractor to provide a copy of the consult in question.

If the consult in question is not able to be produced within 10 calendar days the contractor will adjust the statement by the amount in question. This review process will only be available for 90 days after the date of the prescription fill in question. Thus, the contract pharmacies will only be required to keep the hard copies available for 90 days.

Labeling

All prescriptions must have proper auxiliary labels attached and appropriate counseling and drug interaction sheets provided to VA beneficiaries.

Privacy Requirements

The contractor shall comply with the requirements of the Federal Privacy Act of 1974 (Public

Law 93-579), HIPAA (Public Law 104-191), and the Comprehensive Alcohol Abuse and

Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 83-255), as well as other statues regarding confidentiality of patient information during and after the execution of this BPA.

The contractor and the contracted 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 contractor shall not store patient information on a mobile device. A verbal contact is sufficient to obtain prior authorization when needed. The contactor is prohibited from transferring Personnel Health Information (PHI) by fax or email to and/or from a VA facility.

The contracted pharmacies including subcontracted pharmacies that are authorized to fill prescriptions under the BPA and subsequent task orders must agree to the following conditions:

1. All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to any person, except as authorized in writing from VA, and according to all applicable laws.

2. Representatives of VA are authorized to visit the contractor’s sites and the premises of any pharmacy filling VA prescriptions during regular business hours for the purposes of auditing and evaluation, which may include the inspection of clinical records.

3. The contractor shall report all adverse drug events reported by VA beneficiaries to both facilities’ Chief of Pharmacy, COR, to the prescribing CBOC provider, and Emergency Room provider if applicable.

4. Pharmaceutical services provided to VA beneficiaries shall meet all standards applicable to

Medicaid recipients in the State where services are provided and standards set forth in the current version of The Joint Commission accreditation manual for Ambulatory

Care/Pharmaceutical Services.

Licensing and Qualification Requirements

Pharmacies utilized by the contractor shall be in good standing with their respective State Board of Pharmacy in Iowa (VA Central Iowa Health Care System).

Pharmacies utilized by the contractor shall be in good standing with their respective State Board of Pharmacy in Iowa, Minnesota, Nebraska, and South Dakota (Sioux Falls VA Health Care

System).

Pharmacies utilized by the contractor shall have a current Drug Enforcement Administration

(DEA) license, controlled substance license, and license from the respective State Board of

Pharmacy (Both Facilities).

Requirements for Pharmacists are:

• Graduate of an Accreditation Council for Pharmacy Education (ACPE) College of Pharmacy

• Licensed and in good standing with the State of Iowa (VA Central Iowa Health Care System)

• Licensed and in good standing with the States of Iowa, Minnesota, Nebraska, and South

Dakota (Sioux Falls VA Health Care System)

Business Associate Agreement

The Health Insurance Portability and Accountability Act of 1996 (HIPPA) requires that patient lists, names of patients, and any information concerning patients, are considered privileged information and shall not be disclosed or revealed in any way for use outside the VA. The

Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the VA. Patient confidentiality will be adhered to at all times.

As Contractor personnel will potentially have access to any patient information related to their performance of duties under this BPA, Contractor shall make its personnel aware that any such information that they might become aware of during the course of their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with SF and CI COR and pharmacists.

Contractor shall sign a Business Associate Agreement (see Attachment 1 – BAA Template) upon award, adhering to this policy.

Service Contract Labor Standards

Work performed by the Contractor and contract pharmacies is applicable to FAR Subpart 22.10

(Service Contract Labor Standards) and such shall follow U.S Department of Labor Wage

Determinations (see Attachment 2 – USDOL Wage Determinations); updated USDOL wage determinations will also be provided as part of each task order issued against the BPA.

Limitations on Subcontracting

By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

An independent contractor shall be considered a subcontractor. “Similarly Situated” means that entity subcontracted to is same type of entity as the Prime Contractor (i.e., SDVOSB subcontracts to SDVOSB, small business subcontracts to small business).

National Archives and Records Administration (NARA) Records Management

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 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.

b. 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.

c. 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.

a. 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.

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

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

d. 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.

e. 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.].

f. 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.

g. 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.

AWP Pricing Methodology

The Contractor’s pricing shall be based on MediSpan, one of the leading national drug-pricing systems used in the pharmaceutical industry. A contractor’s pricing methodology/system is based on the IT platform of its PBM (Pharmacy Benefits Management) claim adjudication system. The contractor’s claim system is linked to MediSpan, which allows them to monitor and adjust to pharmaceutical industry pricing on a daily basis, thereby providing the VA with the most current pricing available.

Completion of VA Privacy Training No Protected Health Information or Computer Access

Form (VA 20939)

During performance of the BPA and related BPA task orders, Contractor will not have access to

VA IT systems. However, as Contractor is still providing Protected Health Information (PHI), Contractor staff overseeing this BPA shall complete the attached VA 20939 Form (see

Attachment 3: VA 20939 in Section D) within five (5) business days after award and provide copies of completed forms via e-mail to Contracting Officer with cc to VA Central Iowa Health

Care System and Sioux Falls VA Health Care System technical points of contact.

SECTION B.4 OTHER BPA TERMS AND CONDITIONS

Authorized Limits

Minimum and maximum orders allowable are set forth in FAR Clause 52.216 (Order Limitations) of BPA and are also listed here:

Minimum Order: $27,000 per BPA task order Maximum Order: $270,000 per BPA task order

Obligation of Funds

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized BPA task order actually issued and awarded under the BPA by the Contracting Officer. Task orders against BPA become a binding contract upon acceptance by the Contractor and award of task order by the CO.

Placement of task orders against the BPA is not guaranteed and is at the Government’s discretion.

Precedence

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. The Contractor's unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first BPA task order placed hereunder by a Contracting Officer. Failure of the Contractor to comply with any of the terms and conditions of the BPA and/or any BPA task orders placed hereunder may be cause for the cancellation of this BPA.

Cancellation of BPA

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance. BPA cancellation does not release the Contractor from their duty to continue task order performance of a task order that is awarded prior to the cancellation of the BPA.

Ordering Authority

Only warranted Contracting Officers from Network Contracting Office (NCO) 23, Department of Veterans Affairs can issue task orders against this single award BPA.

Decline of Task Order Request

The Contractor shall notify by e-mail the Contracting Officer within one (1) business day of receiving task order for review/signature if Contractor is not able to provide services for period of performance specified in task order and thus, task order request is declined.

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2…