36C26325Q0772.pdf
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- Solicitation number
- 36C26325Q0772
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This document is a federal solicitation (SF 1449) for a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Pharmacy Benefit Management First Fill Services issued by the Department of Veterans Affairs Network 23 Contracting Office. The contract will serve the VA Central Iowa Health Care System and associated Community-Based Outreach Clinics (CBOCs) in various Iowa locations, with an estimated 6,000 prescriptions to be filled over a five-year period from July 1, 2025 to June 30, 2030. The total contract maximum is $260,000, with a minimum guaranteed value of $15,000.
The solicitation is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), with specific requirements including filling original prescriptions written by authorized VA providers, providing medication counseling, and maintaining a pharmacy network within 5 miles of specified facilities. Contractors must offer generic drugs at Average Wholesale Price (AWP), have current DEA and state pharmacy licenses, and ensure pharmacists are licensed in Iowa. Prescriptions are limited to first-time fills with a maximum 10-day supply, and no refills are authorized. Pricing will be evaluated based on AWP discounts for brand name and generic drugs, with additional consideration given to technical capabilities and past performance.
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| File | Type | Posted |
|---|---|---|
| 36C26325Q0772_1.docx | DOCX document | |
| D.2 VA Central Iowa Health Care System Pharmacy Prescriber and Medication Formulary List.xlsx | XLSX spreadsheet | |
| D.1 WD 15-4979.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
n/a
36C26325Q0772
Joshua Imdacha 3193397017 06-13-2025
1600 CDT
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
X 100
X
524292
$45.5 Million
N/A
X
Department of Veterans Affairs
CENTRAL IOWA HCS
3600 30TH ST. BLDG 10
DES MOINES IA 50310
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
X
See CONTINUATION Page
NCO 23 has a requirement for a Single award IDIQ for Pharmacy Benefit Management First Fill Services at the
CIVAHCS
See section B.2 Statement of work See section B.3 Price/Cost Schedule See provision 52.212-1 for required documentation
FOR CONSIDERATION ALL QUESTIONS MUST BE RECEIVED 72 HOURS
BEFORE DATE STIPULATED IN BLOCK 8 OF THE SF1449 FORM.
EMAIL ALL QUESTIONS AND RESPONSES TO JOSHUA.IMDACHA@VA.GOV
SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION
ALL OFFERS SHALL BE SUBMITTED ELECTRONICALLY VIA EMAIL
FAR Subpart 22.10, Service Contract Labor Standards, is applicable to the resulting IDIQ contract: and subsequent task orders. DOL WD 2015-4979 attached.
FAR 13 procedures Total SDVOSB set aside
See CONTINUATION Page n/a
X
X 1
Joshua Imdacha Contracting Officer
5/30/2025
36C26325Q0772
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK (SOW)
B.3 PRICE/COST SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.216-18 ORDERING (AUG 2020)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
C.6 52.217-8 ORDERING PERIOD TO EXTEND SERVICES (NOV 1999)
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 55
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.14 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)
C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: D.1 WD 15-4979 See attached document: D.2 VA Central Iowa Health Care System Pharmacy Prescriber and Medication Formulary List
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION
FEB 2025)
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:
b. GOVERNMENT: Contracting Officer 36C263
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
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.tungsten-network.com
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK (SOW)
1. Description of Service
The VA Central Iowa Health Care System (VACIHCS) is seeking a Contractor to provide pharmacy benefit management first-fill services. The contractor shall fill original prescriptions written by authorized VA providers 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).
2. Locations Covered
VA Central Iowa Health Care System 3600 30th Street Des Moines, IA 50310
And associated VA Clinics and CBOCs
Carroll VA CBOC 311 South Clark Street, Suite 275 Carroll, IA 51401
Fort Dodge VA CBOC 530 South 25th Street Fort Dodge, IA 50501
Knoxville VA CBOC 1607 North Lincoln Street Knoxville, IA 50138
Marshalltown VA CBOC 201 East Merle Hibbs Boulevard Marshalltown, IA 50158
Mason City VA CBOC 478 Tiffany Drive Mason City, IA 50401
South Des Moines VA Clinic 1211 East Army Post Road Des Moines, IA 50315
3. Period of Performance
This is a single award IDIQ for five (5) years, from 07-01-2025 to 06-30-2030:
Ordering Period Begins Ends
1 07-01-2025 06-30-2026
2 07-01-2026 06-30-2027
3 07-01-2027 06-30-2028
4 07-01-2028 06-30-2029
5 07-01-2029 06-30-2030
4. Estimated Quantities
The following estimates are estimated amounts based on the VA's historical needs. The estimates are not a guarantee to the Contractor. Actual cost or quantity may be equal, lesser, or greater than the estimate below.
Facility Location Estimated Number of Prescriptions Filled (Five Year Period of Performance)
VA Central Iowa Health Care System and associated VA Clinics and CBOCs
6,000
5. Scope of Work
The contractor shall provide a pharmacy network that will allow Veterans to receive medications pursuant to a valid prescription from an authorized VA provider. The medical facility will provide a list of formulary medications that will be approved for reimbursement. Any medications not on the formulary list would require an override approval. The medical facility will provide and maintain a list of approved prescribers.
The provider network will be limited to providers approved by the medical center.
The Contractor will 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).
Contractor shall provide a list of potential pharmacies that fit the demographic requirements (within 5 miles of the main facility and affiliated CBOC locations listed above). From this list, 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 a custom network such that only the chosen pharmacy can be used for prescriptions from the providers from each facility.
6. Hours of Operation
Pharmacies should have standard operating hours that would allow Veterans the opportunity to fill prescriptions without significant inconvenience.
Federal holidays are:
New Year’s Day Martin Luther King Jr.'s Birthday President’s Day Memorial Day Juneteenth 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 nationally observed holiday.
General Requirements
Prescription Fill Process
1. DESCRIPTION OF WORK/SPECIFICATIONS:
1.1. Prescriptions filled shall be in electronically prescribed, written, verbal, or faxed form provided by authorized VA providers assigned to the facility and CBOCs.
1.2. 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, or designee. 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, or designee.
1.3. The authorized voucher for that specific location must accompany the patient’s prescription. The contractor shall provide voucher forms with appropriate billing and customer service information as well as the ability to track utilization by VA specific location.
1.4. Prescriptions shall be filled and dispensed only for medications and/or supplies prescribed by authorized VA providers.
1.5. The VACIHCS will create a formulary also called an Emergent Drug List. Any medications not on the Emergent Drug List (EDL) will require approval by a VACIHCS pharmacist prior to being filled. The VACIHCS formulary will be forwarded to the contractor after each revision by the Chief, Pharmacy, or their
1.6. 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. 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 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 CI pharmacy personnel.
1.7. The VACIHCS will provide a list of approved VA providers that can have prescriptions filled thru this contract. This list of approved VA providers will be forwarded to the contractor after each revision by the Chief, Pharmacy, or their
1.8. Prescriptions shall be filled and limited to a maximum of ten (10) days’ supply except for: one vial of insulin on local formulary, one inhaler on local formulary, and a maximum of fourteen (14) days’ supply of antibiotics on local formulary or limited to restricted quantities as listed in the formulary.
1.9. No refills will be authorized. The contractor shall fill NEW PRESCRIPTIONS
ONLY!
1.10. Reimbursement shall be determined by the average wholesale price (AWP) discounted by the applicable percentage plus the applicable dispensing fee. The total price charged to the VACIHCS shall not exceed that charged to the public and shall not exceed the price charged by the contractor’s lowest third-party reimbursement.
1.11. AWP (average wholesale price) shall be based on the current Pharmacy
Fundamental Reference REDBOOK https://mspnetwork.org/page/Redbook and REDBOOK Updates published by Medical Economics Data, Inc., the AWP Medispan https://www.wolterskluwer.com/en/solutions/medi-span or First DataBank pricing schedule https://www.fdbhealth.com/solutions/medknowledge-drug-database/medknowledge-drug-pricing and whichever is most advantageous to the government.
1.12. Prescriptions filled under this contract will be generic drugs only, unless a generic drug formulation is not available (e.g., drug shortage, drug recall, only proprietary brand name drug is commercially available). The Contractor staff will obtain prior authorization from a VACIHCS pharmacist prior to filling a prescription with a non-generic drug for the Veteran.
1.13. The VACIHCS’s beneficiaries will pick up their own prescriptions at the dispensing pharmacy. No prescriptions are to be mailed. No prescriptions are to be delivered. Veterans are not to be charged by the contracted pharmacy under this contract for the prescription dispensed under this contract.
1.14. All prescriptions must have proper auxiliary labels attached, and appropriate counseling and drug interaction sheets provided.
1.15. The contractor shall report all adverse drug events reported by the VACIHCS's beneficiaries to the Pharmacy Department at the VACIHCS and to the prescribing provider.
1.16. The Government reserves the right to fill any prescription covered under this contract using its own resources and/or staff.
https://mspnetwork.org/page/Redbook https://www.wolterskluwer.com/en/solutions/medi-span https://www.fdbhealth.com/solutions/medknowledge-drug-database/medknowledge-drug-pricing https://www.fdbhealth.com/solutions/medknowledge-drug-database/medknowledge-drug-pricing
1.17. Services provided under this contract will be monitored by the Contracting Officer's Representative (COR) as designated.
1.18. 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 the medical facility (VACIHCS).
1.19. 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 VACIHCS pharmacy for the prescription.
1.20. VA reserves the right to fill any prescription using 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 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.
The Chief, Pharmacy, or their designee, at VACIHCS shall review the monthly statements provided by the contractor regarding prescription fills at the local emergent fill pharmacies. Should discrepancies be discovered in the billing, a request will be made by the facility to the contractor to provide a copy of the consult in question.
If the prescription 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.
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 IDIQ.
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 Contractor is prohibited from transferring Personal 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 IDIQ 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 the 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 utilized by the contractor shall have a current Drug Enforcement Administration (DEA) license, controlled substance license, and general license from the respective State Board of Pharmacy.
Pharmacists Requirements:
• Graduate of an Accreditation Council for Pharmacy Education (ACPE) College of Pharmacy
• Licensed and in good standing with the Iowa State Board of Pharmacy.
Pharmacy Requirements:
• Current general pharmacy license in good standing with the Iowa State Board of Pharmacy
• Current DEA license in good standing
• Current controlled substance license in good standing
ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM
SECURITY/PRIVACY LANGUAGE
B1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.
B2. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.
a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227- 19, Commercial Computer Software License.
b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.
c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.
d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and V VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.
The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.
f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.
g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.
h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-
52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.
i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.
k. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.
l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.
m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.
n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.
o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.
p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.)
used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.
B3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract.
This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.
b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.
c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual
(NISPOM).
d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.
e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:
(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.
(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.
(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.
(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.
(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.
(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.
f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.
g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.
B4. TRAINING. –
b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training 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 required training is complete.
B5. SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language.
a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.
b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following: (1) The date and time (or approximation of) the Security Incident occurred.
(1) The date and time (or approximation of) the Security Incident occurred.
(2) The names of individuals involved (when applicable).
(3) The physical and logical (if applicable) location of the incident.
(4) Why the Security Incident took place (i.e., catalyst for the failure).
(5) The amount of data belonging to VA believed to have been compromised.
(6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.
c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA.
Failure to cooperate may be deemed a material breach and grounds for contract termination.
d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.
e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.
g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.
h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs.
B6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. - This section is not applicable.
B7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE. - -
This section is not applicable.
B8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT
AND AUDITING. - This section is not applicable.
B9 PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT
AND ANTI-TAMPERING. - This section is not applicable.
B10. VIRUSES, FIRMWARE AND MALWARE. - This section is not applicable.
B11. CRYPTOGRAPHIC REQUIREMENT. - This section is not applicable.
B12. PATCHING GOVERNANCE.- This section is not applicable.
B13. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL PURPOSE
SYSTEMS, RESEARCH SCIENTIFIC COMPUTING). - This section is not applicable.
B14 DATA CENTER PROVISIONS - This section is not applicable.
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions
“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
includes [Agency] records.
does not include personal materials.
applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
may include deliverables and documentation associated with deliverables.
C. Requirements
Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).
These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
[Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.
2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the
Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.
The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.
The 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 from public disclosure by an exemption to the Freedom of Information Act.
The [Agency] owns the rights to all data and records produced as part of this contract.
All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]
D. Flowdown of requirements to subcontractors
The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
B.3 PRICE/COST SCHEDULE
The Department of Veterans Affairs has set the maximum cost limitation for this IDIQ at $260,000.00 for the lifetime of this contract.
The guaranteed minimum value of this contract is set at $15,000.00.
Task orders will be placed at the beginning of each ordering period by the contracting officer in accordance with 52.216-18,52.216-19,52.216-22.
ITEM
NUMBER
DESCRIPTION
OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
600.00 EA __________________ __________________
Rx Ingredient Fees Generic AWP Discount:
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None LOCAL STOCK NUMBER: None
0001aa
0.00 EA __________________ __________________
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
0001ab
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
Carroll VA CBOC
0001ac
Contract Period: Base POP Begin: 07-01-2025
POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
Fort Dodge VA CBOC
0001ad
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
Knoxville VA CBOC
0001ae
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
Marshalltown VA CBOC
0001af
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 524292 - Pharmacy Benefit Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
Mason City VA CBOC
0001ag
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026
Management and Other Third Party Administration of Insurance and Pension Funds PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services MANUFACTURER PART NUMBER (MPN): None
South Des Moines VA Clinic
0.00
Rx Ingredient Fees Brandname…
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