36C26321R0003.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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

36C26321R0003

Erica Morris, Contract Specialist (651) 293-3053 01-26-2021

15:00 CST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Andrew J. Schoenecker 316 Robert Street N. STE. 506 St. Paul MN 55101

X 100

X

621399

$8 Million

Department of Veterans Affairs Minneapolis VA Medical Center One Veterans Drive, Building 70

Minneapolis MN 55417

NETWORK 23 CONTRACTING OFFICE

Erica Morris 316 Robert Street N. STE. 506 St. Paul MN 55101

Financial Services Center PO Box 149971

Austin TX 78714-9971

Virtual Pharmacy Services for VA Health Care Systems in

VISN23.

See Section B.2. Schedule of Services on page 5.

See Section B.3. Performance Work Statement on page 9.

VA intends to award a contract with a five-year ordering period.

See CONTINUATION Page

Andrew J. Schoenecker Contracting Officer

N/A N/A

12-21-2020

Table of Contents

SECTION A

A.1. SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1. CONTRACT ADMINISTRATION DATA

B.2. PRICE/COST SCHEDULE

B.3. PERFORMANCE WORK STATEMENT

B.4. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

SECTION C - CONTRACT CLAUSES

C.1. 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

C.3. 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 43

C.4. 52.216-18 ORDERING (AUG 2020)

C.5. 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6. 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9. VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL

ITEMS (APR 2020)

C.10. VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (JUL 2019) (DEVIATION)

C.11. VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019)

(DEVIATION)

C.12. VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)

C.13. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1. VIRTUAL PHARMACY QASP

D.2. IMMIGRATION AND NATIONALITY ACT

D.3. ORGANIZATIONAL CONFLICT OF INTEREST

D.4. VA RULES OF BEHAVIOR

D.5. VHA DIRECTIVE 2006-041, VETERANS’ HEALTH CARE SERVICE STANDARDS

SECTION E - SOLICITATION PROVISIONS

E.1. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

E.2. ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

E.3. FAR 52.212-2 EVALUATION – COMMERICAL ITEMS (OCT 2014)

E.4. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.5. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6. 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7. 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.9. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1. CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. Contractor:

b. Government:

Contracting Officer Andrew J. Schoenecker at andrew.schoenecker@va.gov Department of Veterans Affairs NCO 23 – St. Paul 316 Robert Street N.

St. Paul MN 55101

Contract Specialist Erica Morris at erica.morris1@va.gov Department of Veterans Affairs NCO 23 – St. Paul 316 Robert Street N.

St. Paul MN 55101

2. Contractor Remittance Address: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) clause 52.232-33, Payment by Electronic Funds Transfer—System For Award Management.

3. Invoices: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Monthly [X]

4. Government Invoice Address: All Invoices from the contractor shall be submitted electronically in accordance with Veterans Affairs Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and procedures may change during the Period of Performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp

5. Acknowledgment of Amendments: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Amendment Number Date

6. Type of Contract: Resultant contract shall be a Fixed Price Indefinite Delivery Indefinite Quantity contract effective for the period stated in the Schedule of Services.

7. Term of Contract: The contract will be a five-year ordering period by which offerors can propose distinct pricing in accordance with the Schedule of Services for each specified year of the five-year ordering period. The five-year ordering period is effective from April 1, 2021 through March 31, 2026.

The five specified years in the five-year ordering period are as follows:

- Year 1 of the Ordering Period: April 1, 2021 to March 31, 2022

- Year 2 of the Ordering Period: April 1, 2022 to March 31, 2023

- Year 3 of the Ordering Period: April 1, 2023 to March 31, 2024

- Year 4 of the Ordering Period: April 1, 2024 to March 31, 2025

- Year 5 of the Ordering Period: April 1, 2025 to March 31, 2026

8. Point of Contact: The Contractor shall provide a point of contact (POC) who shall be responsible for the performance of the work under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC may be a contract health care provider performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the POC. The Contractor shall identify the POC and alternate in writing to the Contracting Officer’s Representative (COR) and Contracting Officer (CO). The Contractor shall give written notification to the COR and CO of the time when the alternate will act as the POC. The POC shall be available by telephone Monday through Friday, 8:00 AM through 4:30 PM Central Time, excluding Federal holidays.

9. Secure Fax: VA Handbook 6500 requires the following statement on all fax cover sheets be included:

“This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

10. Post Award Orientation: The Contracting Officer shall follow the guidance in FAR Subpart 42.5 and the VA Acquisition Manual (VAAM) Subpart M842.5.

B.2. PRICE/COST SCHEDULE

Ordering Procedures:

The contract will be a five-year ordering period by which offerors can propose distinct pricing in accordance with the Schedule of Services for each specified year of the five-year ordering period. The five-year ordering period is effective from April 1, 2021 through March 31, 2026. The five specified years in the five-year ordering period are as follows:

- Year 1 of the Ordering Period: April 1, 2021 to March 31, 2022

- Year 2 of the Ordering Period: April 1, 2022 to March 31, 2023

- Year 3 of the Ordering Period: April 1, 2023 to March 31, 2024

- Year 4 of the Ordering Period: April 1, 2024 to March 31, 2025

- Year 5 of the Ordering Period: April 1, 2025 to March 31, 2026

A task order shall be placed only by a Network Contracting Office 23 (NCO 23) Contracting Officer. A task order will be issued for each year in the ordering period by written notice to the Contractor using Standard Form 1449. No additional services are authorized without prior approval through the Contracting Officer.

Period of Performance:

The five-year ordering period is effective from April 1, 2021 through March 31, 2026.

Ordering Period 1: April 1, 2021 to March 31, 2022

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price

Total Estimated Price

1001 Virtual Pharmacy Services for Veterans Affairs Black Hills Health Care System All-inclusive price for each prescription review

24,000 Each

1002 Virtual Pharmacy Services for Veterans Affairs Fargo Health Care System All-inclusive price for each prescription review

12,000 Each

1003 Virtual Pharmacy Services for Veterans Affairs St Cloud Health Care System All-inclusive price for each prescription review

22,900 Each

1004 Virtual Pharmacy Services for Veterans Affairs Sioux Falls Health Care System All-inclusive price for each prescription review

10,000 Each

Estimated Total for Ordering Period 1

Ordering Period 2: April 1, 2022 to March 31, 2023

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price

Total Estimated Price

2001 Virtual Pharmacy Services for Veterans Affairs Black Hills Health Care System All-inclusive price for each prescription review

24,000 Each

2002 Virtual Pharmacy Services for Veterans Affairs Fargo Health Care System All-inclusive price for each prescription review

12,000 Each

2003 Virtual Pharmacy Services for Veterans Affairs St Cloud Health Care System All-inclusive price for each prescription review

22,900 Each

2004 Virtual Pharmacy Services for Veterans Affairs Sioux Falls Health Care System All-inclusive price for each prescription review

10,000 Each

Estimated Total for Ordering Period 2

Ordering Period 3: April 1, 2023 to March 31, 2024

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price

Total Estimated Price

3001 Virtual Pharmacy Services for Veterans Affairs Black Hills Health Care System All-inclusive price for each prescription review

24,000 Each

3002 Virtual Pharmacy Services for Veterans Affairs Fargo Health Care System All-inclusive price for each prescription review

12,000 Each

3003 Virtual Pharmacy Services for Veterans Affairs St Cloud Health Care System All-inclusive price for each prescription review

22,900 Each

3004 Virtual Pharmacy Services for Veterans Affairs Sioux Falls Health Care System All-inclusive price for each prescription review

Estimated Total for Ordering Period 3

Ordering Period 4: April 1, 2024 to March 31, 2025

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price

Total Estimated Price

4001 Virtual Pharmacy Services for Veterans Affairs Black Hills Health Care System All-inclusive price for each prescription review

24,000 Each

4002 Virtual Pharmacy Services for Veterans Affairs Fargo Health Care System All-inclusive price for each prescription review

12,000 Each

4003 Virtual Pharmacy Services for Veterans Affairs St Cloud Health Care System All-inclusive price for each prescription review

22,900 Each

4004 Virtual Pharmacy Services for Veterans Affairs Sioux Falls Health Care System All-inclusive price for each prescription review

10,000 Each

Estimated Total for Ordering Period 4

Ordering Period 5: April 1, 2025 to March 31, 2026

Item Number

Description Estimated Quantity

Unit of Measure

Unit Price

Total Estimated Price

5001 Virtual Pharmacy Services for Veterans Affairs Black Hills Health Care System All-inclusive price for each prescription review

24,000 Each

5002 Virtual Pharmacy Services for Veterans Affairs Fargo Health Care System All-inclusive price for each prescription review

12,000 Each

5003 Virtual Pharmacy Services for Veterans Affairs St Cloud Health Care System All-inclusive price for each prescription review

22,900 Each

5004 Virtual Pharmacy Services for Veterans Affairs Sioux Falls Health Care System All-inclusive price for each prescription review

Estimated Total for Ordering Period 5

Estimated Total for the entire five-year ordering period: $__________________

In accordance with FAR 16.504(a)(1), the guaranteed minimum and maximum dollar amounts are listed in the table below. These amounts cover the entire ordering period of the contract. The maximum dollar amount listed shall not be exceeded. The established minimum and maximum dollar amounts for the five-year ordering period are identified in the table below.

Minimum $50,000.00 Maximum $1,500,000.00

B.3. PERFORMANCE WORK STATEMENT

1. GENERAL:

1.1. The Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 23, has a requirement for virtual pharmacy services to the participating facilities listed below during the contract period. Services shall include the professional review and problem solving needed to assure safe and appropriate medication processing. Virtual pharmacy services include licensed pharmacist review of medication orders for patients by remote (computer) methods. No on-site pharmacy personnel will be required by this contract. Services furnished under the contract shall be ordered by issuance of a task order for services to be performed in accordance with standards of this document. One task order will be issued for each participating facility.

1.2. Place of Performance: The work will be performed remotely for Veteran Affairs Health Care System Pharmacies located at the following participating locations:

• Black Hills: 113 Comanche Road Fort Meade, SD 57741

• Fargo: 2101 North Elm Street Fargo, ND 58102

• St. Cloud: 4801 Veteran Dr. St. Cloud, MN 56303

• Sioux Falls: 2501 W 22nd St. Sioux Falls, SD 57105

1.2.1. The contractor will not utilize VA equipment or facilities in performance of this contract.

1.2.2. VA sensitive data will not be stored on hard drives or a non-VA network.

1.2.3. Contractors will sign into the system at least every 90 days to keep accounts active.

1.2.4. Contractor will not enter into a Business Associate Agreement.

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) Buying Authority with FAR Part 12 in combination with FAR Part 13.

1.4. Policy/Handbooks: The contractor shall be subject to the following policies, including any subsequent updates during the period of performance:

1.4.1. VA Directive 1663: Health Care Resources Contracting - Buying https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

1.4.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) – See Section D

1.4.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports – https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.4.4. VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards – https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.5. VHA Handbook 1100.19 Credentialing and Privileging –

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

1.4.6. VHA Handbook 1907.01 Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

1.4.7. Privacy Act of 1974 (5 U.S.C. 552a) as amended

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.4.8. VHA Handbook 1108.11(1) Clinical Pharmacy Services

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3120

1.4.9. VHA Directive 1108.06 Inpatient Pharmacy Services

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5333

1.4.10. Privacy & Release of Information

http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3233

1.5. Definitions/Acronyms- Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

1.5.1. ACPE: Accreditation Council for Pharmacy Education

1.5.2. CMS: Centers for Medicare & Medicaid Services

1.5.3. Contracting Officer (CO): The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings

1.5.4. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.5.5. COP: Chief of Pharmacy

1.5.6. CPARS: Contractor Performance Assessment Reporting System

1.5.7. CPRS: Computerized Patient Recordkeeping System- electronic health record system used by the VA.

1.5.8. Credentialing: Credentialing is the systematic process of screening and evaluating qualification and other credentials, including licensure, required education, relevant training and experience and current competence and health status.

1.5.9. ED: Emergency Department

1.5.10. Error: An unintentional deviation from the appropriate prescription for the patient entered into the queue resulting in, but not limited to the following conditions:

1.5.10.1. Wrong dosage

1.5.10.2. Wrong frequency

1.5.10.3. Wrong quantity

1.5.10.4. Incorrect diluents/solution

1.5.10.5. Intravenous products entered contrary to the facility’s standard solutions (copy provided to the contractor)

1.5.10.6. Wrong medication order

1.5.10.7. Wrong route

1.5.10.8. Wrong or inappropriate rate of administration

1.5.10.9. Significant drug interaction not communicated to the healthcare professional

1.5.10.10. Incorrect information communicated to the healthcare professional

1.5.10.11. Delay in therapy

1.5.10.12. Incorrect patient

1.5.11. FAR: Federal Acquisition Regulation – the principal set of rules governing all procurements by the U.S. Federal Government

1.5.12. Full Time Equivalent (FTE): VA’s definition for full time-working the equivalent of 80 hours every one week, 2080 hours per year. In calculating FTE, any hours not worked on national holidays shall not be included.

1.5.13. HHS: Department of Health and Human Services

1.5.14. HIPAA: Health Insurance Portability and Accountability Act

1.5.15. IAW: In accordance with

1.5.16. ISO: Information Security Officer

1.5.17. Medical Emergency: A sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient’s health in jeopardy, causing serious or permanent dysfunction of any body-organ or part.

1.5.18. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers).

1.5.19. Non-Contract Provider: any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any if its subcontractors

1.5.20. NP: Nurse Practitioner

1.5.21. NPPES: National Plan and Provider Enumeration System

1.5.22. PA: Physician Assistant

1.5.23. PBM: Pharmacy Benefits Management

1.5.24. PIV: Personnel Identity Verification. Personnel identity verification of federal employees and contractors that secures access to federal facilities and information systems.

1.5.25. PO: Privacy Officer. Individual within the VA who is responsible for managing the risks and impacts of privacy laws and policies.

1.5.26. POP: Period of Performance

1.5.27. PWS: Performance Work Statement

1.5.28. Privileging (Clinical Privileging): Privileging is the process by which a practitioner, licensed for independent practice; e.g., without supervision, direction, required sponsor, preceptor, mandatory collaboration, etc.; is permitted by law and the facility to practice independently, to provide specific medical or other patient care services within the scope of the individual’s license, based upon the individual’s clinical competence as determined by peer references, professional experience, health status, education, training and licensure. Clinical privileges must be facility-specific and provider-specific.

1.5.29. QASP: Quality Assurance Surveillance Plan

1.5.30. Queue: A "bank or database" of prescriptions that have been entered into the computer by a licensed independent practitioner awaiting review and verification by a licensed pharmacist for proper disposition

1.5.31. VA BHHCS: Veterans Affairs Black Hills Health Care System

1.5.32. VA FHCS: Veterans Affairs Fargo Health Care System

1.5.33. VA SCHCS: Veterans Affairs St. Cloud Health Care System

1.5.34. VA SFHCS: Veterans Affairs Sioux Falls Health Care System

1.5.35. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, this term shall mean any or all of the VISN 23 Health Care Systems covered under this contract.

1.5.36. Veterans Health Administration (VHA): The central office for administration of the VA medical centers through throughout the United States. The VHA is located in Washington, D.C.

1.5.37. Veterans Integrated Services Network 23 (VISN23): The regional oversight for the VA medical centers in Minnesota, Iowa, Nebraska, North and South Dakota.

1.5.38. VISTA (Veterans Integrated Systems Technology Architecture): A PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1.5.39. VETPro: A federal web-based credentialing program for healthcare providers

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License: Virtual pharmacists assigned by the Contractor to perform the services covered by this contract shall have a current license to practice pharmacy in any State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

2.1.1.1. Every virtual pharmacist must be a graduate of a degree program in pharmacy from an ACPE-accredited college of pharmacy or university in the United States.

2.1.1.2. Contracted pharmacists who have an active, current, full and unrestricted licenses in one or more states, but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application will not be considered for the purposes of this contract.

2.1.1.3. Virtual pharmacists will not act as mid-level providers at VAMC.

2.1.2. Technical Proficiency: Virtual pharmacists shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read, and write English fluently. The contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, certification, and/or licensure related to the provision of care, treatment, and/or services performed. The contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history for all contract virtual pharmacist(s).

2.1.2.1. The contractor shall provide a sufficient number of licensed pharmacists to verify all orders during the hours specified in Section 3.

2.1.2.2. Due to the criticality of the service, in addition to the primary virtual pharmacists, the Contractor shall ensure that qualified pharmacists are available to cover vacancies caused for any reason. The contractor will submit a list of qualified pharmacists at contract award and throughout the period of performance if new pharmacists are added.

2.1.2.3. The virtual pharmacists must have a working knowledge of VISTA and CPRS and be able to process pending inpatient orders. Experience with VISTA and CPRS must have been gained within the last three (3) years. The contractor will assure competency to perform this work.

2.1.2.4. Virtual pharmacists must adhere to the VA formulary and restrictions for criteria for use of non-formulary drugs at all sites. Restrictions and formulary lists will be provided to the successful contractor after contract award and are available via the intranet.

2.1.2.5. Virtual pharmacists must be able to obtain clearance from a Veterans Affairs Medical Center Information Security Officer.

2.1.3. Continuing Education (CE) Requirements: This is not monitored by the VAMC. Virtual pharmacists are required to attain CE to maintain licensure, as predetermined by the State in which they are licensed.

2.1.4. Mandatory VA Training: Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the virtual Pharmacists as required by the VA.

2.1.4.1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D, relating to access to VA information and information systems;

2.1.4.2. CPRS and Vista Computer programs: Contractor employees (including any sub-contract employees) providing medical services will be required to document patient care in CPRS or Vista to comply with all VHA and Joint Commission standards;

2.1.4.3. Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

2.1.4.4. Successfully complete the VHA Privacy Policy training and annually complete required privacy training; and;

2.1.4.5. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.

2.1.4.6. The Contractor shall provide a copy of the training certificate and certification of signing the Contractor Rules of Behavior for each applicable employee to the VA COR within one week of the initiation of the contract.

2.1.4.7. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

2.1.4.8. All contractor personnel providing services under the contract must have a current VA PIV (personnel identification verification) badge and comply with all privacy and information security requirements.

NOTE: As the VA routinely reviews and updates policies and procedures covering contractor computer access, security requirement may change during the term of this contract and new policies and procedures may be implemented unilaterally during the term of this agreement.

2.1.5. National Provider Identifier (NPI): NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The Contractor shall have or obtain appropriate NPI and if pertinent the Taxonomy Code confirmation notice issued by the Centers for Medicare and Medicaid Services National Plan and Provider Enumeration System shall be provided to the Contracting Officer with the proposal.

2.1.6. Conflict of Interest: The Contractor and all contracted virtual pharmacists are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

2.1.7. Citizenship Related Requirements:

2.1.7.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, as amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement, and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs.

2.1.7.2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with anyone who is not a US citizen. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

2.1.7.3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services the Department of Veterans Affairs and shall form the basis for termination of this contract for breach. This certification concerns a matter within the jurisdiction of an agency of the United

States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.7.4. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1.7.5. The Contractor agrees to obtain a similar certification from its subcontractors.

The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

2.1.8. Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

2.1.8.1. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contracted virtual pharmacists are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMPs may also be imposed against any Contractor that employs or enters into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

2.1.8.2. By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors and/or firm is not listed as of the date the offer was signed.

2.2. Clinical/Professional Direction: The qualifications of Contractor personnel are subject to review by VA Medical Center Chief of Pharmacy (COP) or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1100.19.

Clinical/Professional direction of all clinical personnel covered by this contract will be provided by the VAMC Chief of Pharmacy or his/her designee for each location. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

2.3. Non-Personal Healthcare Services: The parties agree that the Contractor and all contracted virtual pharmacists shall not be considered VA employees for any purpose.

2.4. Inherent Government Functions: The Contractor and virtual pharmacists shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

2.5. No Employee status: The Contractor shall be responsible for protecting the contracted virtual pharmacists providing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

2.5.1. Workers’ compensation;

2.5.2. Professional liability insurance;

2.5.3. Health examinations;

2.5.4. Income tax withholding; and

2.5.5. Social security payments.

2.6. Tort Liability: The Federal Tort Claims Act does not cover the Contractor or contracted virtual pharmacists. When a Contractor or contracted virtual pharmacist has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from the action or non-action of the Contractor or contracted virtual pharmacist shall be the responsibility of the Contractor and/or insurance carrier.

2.7. Personnel:

2.7.1. The Contractor will ensure that there is appropriate coverage as listed in Section 3.2 and ensure that the contractor’s personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. All contracted personnel working on this contract must meet the qualifications stated in Section 2.

2.7.2. The Government reserves the right to refuse acceptance of any of the Contractor’s personnel at any time after performance begins, if personal or professional conduct 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. Should the VA Chief of Pharmacy or designee show documented clinical problems or continual unprofessional behavior/actions with any contracted virtual pharmacist, the VA Chief of Pharmacy may request, without cause, immediate replacement of that virtual pharmacist.

2.7.3. The CO and COR shall deal with issues raised concerning the conduct of contracted virtual pharmacists. The final arbiter on questions of acceptability is the CO.

2.8. Emergency Contact Procedure:

2.8.1. The Contractor will provide primary and back-up contact phone numbers for health care professionals and designated pharmacy staff to reach the virtual pharmacists during the designated work times in Section 3.

2.8.2. The Contractor will provide an email address for communication during administrative hours and as a backup for telephone failure during the designated work hours.

2.9. Contingency Plan: Because continuity of care is an essential part of VAMC medical services, The Contractor’s Management Plan shall include a contingency plan in place to be utilized if contracted virtual pharmacists leave the Contractor’s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract.

3. HOURS OF OPERATION:

3.1. VA Business Hours: The services covered by this contract shall be furnished by the Contractor as defined herein. The Contractor will be required, except in case of emergency, to furnish services as described below.

3.2. Work Schedule: Provide virtual pharmacist coverage for the days and hours identified for each location below:

3.2.1. VA BHHCS: Veterans Affairs Black Hills Health Care System

3.2.1.1. Monday – Friday: 5:15pm – 7:30am

3.2.1.2. Saturday – Sunday: 3:30pm – 7:30am

3.2.1.3. Federal Holidays: 3:30pm – 7:30am

3.2.2. VA FHCS: Veterans Affairs Fargo Health Care System

3.2.2.1. Monday – Friday: 12:00am – 7:30am

3.2.2.2. Saturday – Sunday: 12:00am – 7:30am

3.2.2.3. Federal Holidays: 12:00am – 7:30am

3.2.3. VA SCHCS: Veterans Affairs St. Cloud Health Care System

3.2.3.1. Monday – Friday: 4:30pm – 7:30am

3.2.3.2. Saturday – Sunday: 24 hours

3.2.3.3. Federal Holidays: 24 hours

3.2.4. VA SFHCS: Veterans Affairs Sioux Falls Health Care System

3.2.4.1. Monday – Friday: 10:00pm – 6:00am

3.2.4.2. Saturday – Sunday: 10:00pm – 6:00am

3.2.4.3. Federal Holidays: 10:00pm – 6:00am

3.3. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

• New Year’s Day

• President’s Day

• Martin Luther King’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• Any day specifically declared by the President of the United States to be a national holiday.

3.4. Emergencies: The Chief of Pharmacy or representative will contact vendor to request additional support from the clinical pharmacy services outside of the established hours in times of emergency/disaster (e.g., weather – blizzards). If emergency services are provided the vendor will be paid at the same rate.

3.5. Cancellations: Cancellation by the Contractor is not acceptable. Unless a state of emergency has been declared or services are otherwise cancelled by the VAMC, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES:

4.1. Services Required: The Contractor shall provide virtual pharmacy services to complete medication orders for inpatients for VISN 23 Health Care System locations as requested. This includes the professional review and problem solving needed to assure safe appropriate medication processing.

4.1.1. Medication orders will be verified by the pharmacists.

4.1.1.1. The inpatient pending orders queue (Pending/non-verified Orders) will be checked and processed at least hourly.

4.1.1.2. Emergency orders will be processed within fifteen (15) minutes of contact.

4.1.1.3. Phone calls from nursing staff or providers will be dealt with in a timely manner to ensure prescriptions are reviewed and processed in accordance with the time standards in this document.

4.1.2. The virtual pharmacists will evaluate each prescription for drug-drug interactions, contraindications for recorded drug allergies, appropriate doses, and accurate directions and assure the final order will be understandable to the nurses administering medication.

Pending medication orders not meeting standards for completeness, restrictions, lacking clinical information and those requiring consults will be clarified with the prescriber prior to processing.

4.1.3. Virtual pharmacists shall evaluate the patient’s age and health status-related vulnerability to illness by review of the patient’s information in CPRS and through consultations with VAMC providers or nurses, if necessary, and assess the patient for the following:

4.1.3.1. Drug Interactions, including IV incompatibilities;

4.1.3.2. Altered metabolism in the liver;

4.1.3.3. Renal function increase or decline;

4.1.3.4. Altered end-organ effects;

4.1.3.5. Undesirable drugs for the elderly patient; and

4.1.3.6. Using formulary information provided by the VAMC, the virtual pharmacists will review orders and make efforts to utilize formulary agents. If a non-formulary agent is indicated and clinically appropriate, the virtual pharmacist shall review the patient chart in CPRS for an active non-formulary consult approval and evidence of outpatient prescription dispensing history indicating a continuance of established therapy. In the event that a non-formulary agent is being prescribed for the first time as an inpatient, the virtual pharmacist shall review the patient chart in CPRS for a new non-formulary consult placed by the provider and evaluate clinical appropriateness, formulary alternatives, Pharmacy Benefits Management (PBM) criteria for use, and discuss verbally with the provider, if appropriate, prior to completing the order. If necessary, the virtual pharmacist may contact the VAMC on-call pharmacist to further discuss the appropriateness of the non-formulary agent and how to proceed prior to completing the order. In all cases, the virtual pharmacist shall communicate via VISTA mail message to the inpatient pharmacy group all situations involving non-formulary agent orders for follow-up the next business day.

4.1.4. The contractor or virtual pharmacists shall communicate with a VAMC pharmacist regarding high priority or urgent issues.

4.1.5. At the end of each work period, the contractor shall email the VAMC pharmacy group via VISTA with an “end of shift” report. This will give a daily summary of the prescriptions completed; allowing them to be reviewed for correctness by the VA inpatient pharmacists.

4.1.6. Access to the VISTA and CPRS computer system is required and virtual pharmacists will have to meet all information security requirements as required by the Department of Veterans Affairs.

4.1.7. Virtual pharmacists must have knowledge of the VA formulary and the VISTA computer system. Virtual pharmacists must also have a working knowledge of the processing requirements for proper completion of medication orders and understand and be competent in accessing CPRS to read notes, check labs, etc., prior to completing prescriptions that have questionable doses, special needs, etc.

4.1.8. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

4.1.9. Orders will be entered accurately with a goal of a ZERO error rate. The virtual pharmacists will follow the procedures outlined and provided to the Contractor and virtual pharmacists.

4.1.10. A VAMC pharmacist will review the orders processed by the contractor and make corrections during their shift as appropriate, forwarding all corrections to the COR. VAMC Pharmacy will be provided a monthly summary of the orders entered incorrectly. The contractor pharmacy will not bill for the orders entered incorrectly. COR will review number of prescriptions finished each month and provide a detailed list to contractor for billing by the 5th of each month.

4.1.11. Complies with all appropriate and applicable policies, procedures and regulations of VHA and VAMCs to ensure compliance with Joint Commission guidelines and standards.

Examples include rules and regulations for narcotic control and use, personnel policies, management relations, medical records, education requirements for privacy, security, and ethics training.

4.1.12. Virtual pharmacists must maintain professional conduct and the highest standards of integrity and mutual respect during interactions with patients, patients’ families, nurses, residents, physicians, medical students, and other health care professionals.

4.1.13. Virtual pharmacists must complete VA CPRS (electronic medical record), privacy, security, ethics and fire prevention training before performing any patient care.

4.1.14. The Contractor shall provide virtual pharmacists who are competent and qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.14.1. Virtual pharmacists shall be responsible for checking in at scheduled times.

Deviations from scheduled times will be logged and used by the COR to confirm schedule compliance.

4.1.14.2. 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.

4.2. Standards of Care: The standard of care of the Contractor and its employees shall cover the same standards and range of services as would be provided in a civilian medical treatment facility, and shall meet or exceed the standard of care required by all appropriate and applicable policies, procedures and regulations of the VHA and VAMC to ensure compliance with Joint Commission (or equivalent) guidelines and standards.

4.3. Medical Records:

4.3.1. Authorities: The Contractor’s personnel providing healthcare services to VA patients shall be considered as part of the Department Healthcare Activity and shall comply with the U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (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 C.F.R. Parts 160, 162, and 164 (HIPAA).

4.3.2. HIPAA: This contract and its requirements meet exception in 45 CFR 164.502(e), and do 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 Contractors 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. The Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA.