36C26326R0031.pdf

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36C26326R0031

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 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

B.3 SCHEDULE OF SERVICES

B.4 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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

(NOV 2021)

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 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(DEVIATION) (NOV 2025)

C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.14 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY

2020)

C.15 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023)

C.16 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH COSTS

(FEB 2023)

C.17 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.19 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)

C.20 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.21 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 LIST OF ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

E.2 PROPOSAL SUBMITTAL INSTRUCTIONS

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT. (DEVIATION NOV 2025)

E.8 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025)

E.9 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) ..81

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

NOTICE (FEB 2023)

E.13 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.14 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021)Deviation OCT 2025

E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025)

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

Contracting Officer is Daniel Vagts at daniel.vagts@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:

[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

See Billing Instructions, PWS 6.2. Billing:

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.

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

mailto:daniel.vagts@va.gov

AMENDMENT NO DATE

6. TYPE OF CONTRACT: Resultant contracts shall be a Firm Fixed Price (FFP) contract effective for the period stated in the Schedule of Services.

7. TERM OF CONTRACT: The contract period is effective May 1, 2026 through April, 30 2031 with one

(1) available option periods.

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, 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, distribute on, 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 will schedule a post award orientation for contract orientation purposes as required by Procurement Policy Memorandum (PPM) 2019-01.

B.2 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting plan.

B.3 SCHEDULE OF SERVICES

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE ANNUAL AMOUNT

24,000.00 EA __________________ __________________

Veterans Affairs Black Hills Health Care System

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period One POP Begin: 05-01-2026 POP End: 04-30-2027

12,000.00 EA __________________ __________________

Veterans Affairs Fargo Health Care System

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period One

22,900.00 EA __________________ __________________

Veterans Affairs St Cloud Health Care System

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period One

10,000.00 EA __________________ __________________

Veterans Affairs Sioux Falls Health Care System

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period One

ITEM

NUMBER

DESCRIPTION OF

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Two POP Begin: 05-01-2027 POP End: 04-30-2028

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Two

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Two

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Two

DESCRIPTION OF

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Three POP Begin: 05-01-2028 POP End: 04-30-2029

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Three

Virtual Pharmacy Services

All-inclusive price for each prescription review Ordering Period Three POP Begin: 05-01-2028

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Three

DESCRIPTION OF

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Four POP Begin: 05-01-2029 POP End: 04-30-2030

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Four

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Four

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Four

DESCRIPTION OF

Virtual Pharmacy Services

All-inclusive price for each prescription review Ordering Period Five POP Begin: 05-01-2030 POP End: 04-30-2031

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Five POP Begin: 05-01-2030

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Five

Virtual Pharmacy Services All-inclusive price for each prescription review Ordering Period Five

GRAND TOTAL __________________

Ordering Period One: $ Ordering Period Two: $ Ordering Period Three:$ Ordering Period Four: $ Ordering Period Five: $ Grand Total all Ordering Periods: $

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 base year and all option years of the contract. The maximum dollar amount listed shall not be exceeded.

Minimum $5,000.00 Maximum $1,475,000.00

B.4 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 complete orders for multiple VAMC sites.

Contractor to provide Virtual Pharmacy services to complete orders for these services will be provided to patients. This includes the professional review and problem solving needed to assure safe 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 for the following locations.

• Black Hills VAHCS: 113 Comanche Rd, Fort Meade, SD 57741

• Fargo VAHCS: 2101 North Elm St, Fargo, ND 58102

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

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

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

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

1.2.3 Contractor will enter into a Business Associate Agreement

1.3. Authority: Title 38 USC 8153, Health Care Resources (HCR) sharing Authority.

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 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

1.4.2. VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

1.4.3. VHA Handbook 1100.17: National Practitioner Data Bank Reports -http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

1.4.4. - VHA Handbook 1100.18 Reporting And Responding To State Licensing Boards -http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

1.4.5. - VHA Handbook 1100.19 Credentialing and Privileging -http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

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

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

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 Clinical Pharmacy Services

https://vaww.vashare.vha.va.gov/sites/PLOMSO/Lists/MSO%20PWS http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://vaww.vashare.vha.va.gov/sites/PLOMSO/Lists/MSO%20PWS

1.4.9. VHA Handbook 1108.06 Inpatient Pharmacy Services

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 condition(s):

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

http://www.va.gov/%E2%80%8Bvhapublications/%E2%80%8Bviewpublication.asp?pub_id=5333 http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=3233

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. Principal set of rules governing all U.S. Federal Government’s procurement processes.

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 FARHCS: Veterans Affairs Fargo Health Care System

1.5.32. Veterans Affairs Medical Center (VAMC): Unless identified with the name of a different VA medical Center, for purposes of this contract, this term shall mean VA Fargo Health Care System.

1.5.33. 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.

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

1.5.35. 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.

1.5.36. VETPro: A federal web-based credentialing program for healthcare Providers

2. QUALIFICATIONS:

2.1. Staff/Facility

2.1.1. License – Contract Virtual Pharmacist(s) 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.

• A graduate of a degree program in pharmacy from an accredited (ACPE) college of pharmacy or university in the United States.

• Contract pharmacist(s) 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.

• Virtual Pharmacists will not act as mid-level providers at VA FARHCS

2.1.2. Technical Proficiency – Contract Virtual Pharmacist(s) 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. 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.

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. 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 pharmacist(s), the Contractor shall ensure that qualified pharmacists are available to cover vacancies caused for any reason. Submit a list of qualified pharmacists at contract award and throughout the period of performance if new pharmacists are added.

2.1.2.3 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 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 available via the intranet.

2.1.2.5 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 VA FARHCS. Virtual Pharmacists are required to attain CE to maintain licensure, as predetermined by the State in which they are licensed.

2.1.4. Training (VA MANDATORY): Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract Virtual Pharmacist (s) as required by the VA.

• 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;

• 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.

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

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

• 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.]

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

• 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.

• 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 (CMS) National Plan and Provider Enumeration System (NPPES) be provided to the Contracting Officer with the proposal.

2.1.6. Conflict of Interest

The Contractor and all contract Virtual Pharmacist(s) 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 patient referrals;

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 Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by 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) Statemen: 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 contract Virtual Pharmacist (s) is 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. CMP’s may also be imposed against the Contractor that employ or enter 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 are and/or firm is not listed as of the date the offer/bid 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 VA FARHCS Chief of Pharmacy or his/her designee. 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 contract clinical Pharmacist (s) shall not be considered VA employees for any purpose.

2.4 Inherent Government Functions: Contractor and Contract Clinical Pharmacist (s) 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 Contract Clinical Pharmacist

(s) furnishing 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 Contractor or Contract Clinical Pharmacist (s). When a Contractor or contract Clinical Pharmacist (s) 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 a Contractor’s (or contract Clinical Pharmacist (s)) action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

2.7. Key Personnel:

2.7.1. Contractor will be responsible to ensure there is appropriate coverage as listed in section 2.1.2.2 and 3.2 that the contractor personnel providing work on this contract are fully trained and fully competent to perform the required services for the duration of the contract period. Contractor’s personnel provided under this contract must meet the qualifications as stated in Section 2-Qualifications above.

2.7.2. After the first 90 days of performance, the Contractor shall submit the information required below in section 2.8 to the CO at least 15 calendar days prior to making any permanent substitutions.

2.8. Emergency Substitutions: During the first ninety (90) calendar days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the CO, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below.

2.8.1. The Contractor shall provide a detailed explanation of the circumstance necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect and approved changes of key personnel.

2.8.2. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

2.8.3 The Government reserves the right to refuse acceptance of any Contractor 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 contract Virtual Pharmacist (s), s/he may request, without cause, immediate replacement of said contract Virtual Pharmacist (s).

2.8.4. The CO and COR shall deal with issues raised concerning Contract Virtual Pharmacist

(s) conduct. The final arbiter on questions of acceptability is the CO.

2.9 Emergency Contact Procedure:

2.9.1. The Contractor will provide primary and back-up contact phone numbers for health care professionals and designated pharmacy staff to reach the virtual pharmacist during the designated work time per section 3.

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

2.10 Contingency Plan: Because continuity of care is an essential part of VA FARHCS’s medical services, The Contractor shall have a contingency plan in place to be utilized if the contract Clinical Pharmacist (s) leaves Contractor’s employment or is 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 between MIDNIGHT – 8:00 a.m. Sunday through Saturday including federal holidays listed below in 3.3.

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

• 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 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: Contractor cancellation is not acceptable. Unless a state of emergency has been declared or services are otherwise cancelled by the VA FARHCS, the Contractor shall be responsible for providing services.

4. CONTRACTOR RESPONSIBILITIES

4.1. Services Required: Contractor to provide remote Virtual Pharmacist services to complete medication orders for inpatients and ED for VA Fargo Health Care System 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(s)

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

4.1.2. The pharmacist 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. Contract pharmacist(s) 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

4.1.3.6. Using formulary information provided by the VA Fargo Health Care System, the virtual pharmacist will review orders and make efforts toutilize formulary agents. In the event that 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 VA Fargo Health Care System 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 pharmacist shall communicate with the VA FARHCS pharmacist regarding high priority or urgent issues.

4.1.5. At the end of each work period, the contractor shall email the VA FARHCS 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 ofVeterans Affairs.

4.1.7. Pharmacists must have knowledge of the VA Formulary and the VISTA computer system. 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 contractor pharmacy will follow the procedures outlined and provided to the contractor pharmacy service.

4.1.10. A VA FARHCS pharmacist will review the orders processed by the contractor and make corrections during their shift as appropriate, forwarding all corrections to the COR. VA FARHCS 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 the Fargo VA Health Care System 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 Pharmacist must maintain professional conduct and the highest standard of integrity and mutual respect during interactions with patients, patients’ families, nurses, residents, physicians, medical students, and other health care professionals.

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

4.1.14. Clinical Personnel Required: The contractor shall provide contract Virtual Pharmacists who are competent, qualified per this performance work statement and adequately trained to perform assigned duties.

4.1.14.1. Contract 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: Contract provider’s standard of care 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 VA FARHCS to ensure compliance with Joint Commission (or equivalent) guidelines and standards.

4.3. MEDICAL RECORDS

4.3.1. Authorities: Contractor’s pharmacist(s) 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. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date.

4.3.3. Disclosure: Contract pharmacist(s) may have access to patient medical records: however, Contractor shall obtain permission from the VA before disclosing any patient information.

Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory http://www.rms.oit.va.gov/SOR_Records/24VA19.asp agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records. The VA will provide the Contractor with a copy of VHA Handbook 1907.1, Health Information management and Health Records and VHA Handbook 1605.1, Privacy and Release of Information. The penalties and liabilities for the unauthorized disclosure of VA patient information mandated by the statutes and regulations mentioned above, apply to the Contractor.

4.3.4. Professional Standards for Documenting Care: Care shall be appropriately documented in medical records in accordance with standard commercial practice and guidelines established by VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791 and all guidelines provided by the VA FARHCS.

4.3.5. Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual’s Records, to process “Release of Information Requests.” In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA’s Release of Information Section shall provide the Contractor with assistance in completing forms.