Attachment 1 - PWS r3.docx

1. GENERAL:

1.1. Services Provided:

The Contractor shall provide Pharmacist, Pharmacy Technician and Shipper/Packer services in accordance with the specifications contained herein to the Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP). The contractor must supply all management, supervision, and labor necessary to provide non-personal staffing services to support operations at the Dallas CMOP that is in Lancaster, Texas.

1.2. Overview

1.2.1. Consolidated Mail Outpatient Pharmacy (CMOP): The CMOP supports all fifty states, Washington D. C., Puerto Rico, and US Territories and processes over 130 million prescriptions per year. Consolidated Mail Outpatient Pharmacy (CMOP) located in Lancaster Texas supports all fifty states, Washington D. C., Puerto Rico, and US Territories and processes over 15 million prescriptions per year.

1.2.2. For informational purposes, the average weekly production rates for prescriptions are as follows:

1.2.2.1. Dallas CMOP 250,000

1.2.2.2. Average production rates can vary widely from day to day and week to week based on a variety of factors such as inclement weather, staffing shortages, workload transfer, and system malfunctions.

1.3. A full-time equivalent employee (FTEE) is equivalent to 8 hours per day. The contractor may utilize part time employees to fill a FTEE position. (One employee starts the shift however another employee replaces that employee to complete the 8 hour per day requirement). The below staffing numbers are representative of historical data of weekly requirements.

1.3.1. Day Shift:

1.3.1.1. 62 Shipper/Packer FTEE per day @ 4,600 hours per 40-hour work week.

1.3.1.2. 4 Pharmacist FTEE per day @ 240 hours per 40-hour work week.

1.3.1.3. 10 Certified Pharmacy Technician FTEE per day @ 800 hours per 40-hour work week.

1.3.1.4. 72 Non-Certified Pharmacy Technician FTEE per day @ 3,200 hours per 40-hour work week

1.3.1.5. 8 Non-Certified Pharmacy Technician Lead FTEE per day @ 240 hours per 40-hour work week.

1.3.1.6. The Contractor may provide Certified Pharmacy Technicians to fill Non-Certified Pharmacy Technician positions, but this substitution must be at no additional cost to the Government.

1.3.2. Night Shift:

1.3.2.1. 56 Shipper/Packer FTEE per day @ 4,600 hours per 40-hour work week.

1.3.2.2. 5 Pharmacist FTEE per day @ 240 hours per 40-hour work week.

1.3.2.3. 9 Certified Pharmacy Technician FTEE per day @ 800 hours per 40-hour work week.

1.3.2.4. 57 Non-Certified Pharmacy Technician FTEE per day @ 3,200 hours per 40-hour work week

1.3.2.5. 7 Non-Certified Pharmacy Technician Lead FTEE per day @ 240 hours per 40-hour work week.

1.3.2.6. The Contractor may provide Certified Pharmacy Technicians to fill Non-Certified Pharmacy Technician positions, but this substitution must be at no additional cost to the Government.

1.4. The estimates provided at PWS paragraphs 1.2 and 1.3 are based on historic data from previous demands. There is likelihood that the volume may change, upward or downward, although total change cannot be estimated due to the size of the served patient population being in constant flux and other variable factors, including but not limited to fluctuations in the demand to fill prescriptions at the CMOP, and the modernization of filling and packing equipment. Therefore, it is impossible to determine the exact quantities that will be required during the contract term or any option years.

1.5. Place of Performance:

1.5.1. 2962 S. Longhorn Drive, Lancaster, TX 75134

1.6. Current Hours of Operation/Scheduling (Hours are in local time zones):

1.6.1. Dallas: Two Shift operation, 6:00 AM through 2:30pm and 3:30pm -12:00am, Monday through Friday

1.6.2. Future operational hours may change, increase, or decrease, to include expansion to evening, weekend, or split shifts, based on workload demand or operational contingencies to include, but not be limited to, inclement weather, equipment failures, local, state, or Federal emergencies, workload transfers, and staffing shortages.

1.6.3. The Government reserves the right to decrease operations when deactivating facilities or significant decreases in workload occur.

1.6.4. Contract staff must be at assigned stations ready for work at the beginning of their scheduled tour of duty and immediately before and after breaks and lunch.

1.6.5. Contract staff must continue to work until they achieved a full completion of their scheduled tour of duty. At no time shall staff be permitted to wait at or near the timekeeping system to punch out.

1.6.6. Billable time shall not include lunch or unscheduled breaks.

1.6.7. Contract staff must be released prior to the end of a scheduled shift if workload queue has been cleared; contract providers are not guaranteed a forty (40) hour work week or an eight (8) hour day.

1.6.8. The eleven holidays observed by the Federal Government are:

1.6.8.1. New Year’s Day.

1.6.8.2. Martin Luther King’s Birthday.

1.6.8.3. Presidents’ Day.

1.6.8.4. Memorial Day.

1.6.8.5. Juneteenth Day.

1.6.8.6. Independence Day.

1.6.8.7. Labor Day.

1.6.8.8. Columbus Day.

1.6.8.9. Veterans’ Day.

1.6.8.10. Thanksgiving.

1.6.8.11. Christmas.

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

1.6.8.13. Holidays may be scheduled as production workdays. Holidays must only be worked with a 48-hour notice except in crisis situations (i.e., inclement weather, major equipment failure, etc.). The Government will make a reasonable effort to give the Contractor as much notice as possible but not less than 12 hours when emergency overtime for any reason (weather, equipment, etc.) is required.

1.6.9. The contractor will be required to provide a monthly schedule at least 30 days prior to the start of the month. However, schedules are subject to change due to changes in volume and workload or due to contingency operations such as inclement weather or major equipment failures. Workload may be shifted from one facility to another at short notice due to unforeseen circumstances. There may be times when, due to unplanned circumstances, coverage is needed on short notice and the contractor will be asked to fill additional unscheduled shifts within a twenty-four (24) hour notice. Notification and scheduling must be mutually agreed upon between the facility and the contractor.

1.6.10. Overtime may be required throughout the life of the contract. Overtime shall be considered any hours in excess of the regular scheduled hours and outside of normal operating hours ordered for a particular CLIN. Overtime CLINs must be separately ordered by an authorized Contracting Officer and the scheduling of Overtime must be authorized in writing by the COR. The scheduling of overtime must be coordinated between contractor on-site facility administrator and COR. The Government reserves the right to cancel overtime at any time.

1.6.11. The contractor must have a sufficient qualified pool of replacement personnel to support all services in the event contract personnel that are scheduled to work become ill, resign, are terminated, or are otherwise unavailable to work. The Contractor will be expected to provide the full complement of staff for the duration of each shift. Contract requirements are not altered or mitigated by inclement weather, illness, death, or the Contractor’s inability to provide the required services. The contractor must meet contractually required staffing levels. Any excess costs incurred by the government or the contractor due to the Contractor’s inability to provide staffing levels as required, will be the responsibility of the contractor.

1.7. Period of Performance (POP): There will be a five-year ordering period starting on the date of contract award (Estimated 8/1/2024).

1.8. Contract Type: This will be a firm-fixed price IDIQ contract. Task orders must be issued by warranted contracting officers of Network Contracting Office 15, CMOP Acquisitions, authorizing services.

1.9. Authority: Public Law 104-262, Title 38 USC 8153, and FAR Part 15.

1.10. Handbooks and Policies:

1.10.1. The services to be performed by the Contractor must be performed within the national and local CMOP policies, procedures, regulations, and productivity standards.

1.10.2. Joint Commission: Standards for Joint Commission Accreditation and Certification | The Joint Commission

1.10.3. VA Handbook 5024: Human Capital Management Accountability Systems.

1.10.4. Pharmacy Benefits Management Services: VA Mail Order Pharmacy - Pharmacy Benefits Management Services

1.10.5. Code of Integrity

1.10.6. VA Directive 6300: Records and Information Management

1.10.7. VHA Directive 1030: VHA Integrity and Compliance Program

1.10.8. VHA Directive 1733: VHA Finance Quality Assurance Reviews

1.10.9. VA Directive 6001: Limited Personal use of Government Office Equipment Including Information Technology

1.10.10. VA Directive 6500: VA Cybersecurity Program

1.10.11. VHA Handbook 1004.07: Financial Relationships Between VHA Health Care Professionals and Industry

1.10.12. Criminal Conflict of Interest Laws, 18 U.S.C. §§ 201-209

1.10.13. Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. Part 2635

1.10.14. Restrictions on Obtaining and Disclosing Certain Information, 41 U.S.C. §§ 2101-2106

1.10.15. Procurement Integrity Act, 48C.F.R. § 3.104, Subpart 3.104

1.10.16. VHA Handbook 1660.03: CONFLICT OF INTEREST ASPECTS OF CONTRACTING FOR SCARCE MEDICAL SPECIALIST SERVICES, ENHANCED USE LEASES, HEALTH CARE RESOURCE SHARING, FEE BASIS AND INTERGOVERNMENTAL PERSONNEL ACT AGREEMENTS (IPAS)

1.10.17. VA Directive 1663: Health Care Resources Contracting – Buying Title 38 U.S.C § 8153

1.10.18. VHA Handbook 1004.07: Financial Relationships Between VHA Health Care Professionals and Industry

1.10.19. VA Directive and Handbook 5025: Legal

1.10.20. VA Directive 8100: Guidance Relating to Congressional Relations Activities

1.10.21. VA Directive 0008: Developing Public-PrivatePartnerships with, and Accepting Gifts to VA from, Non- Governmental Organizations

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

1.10.23. Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

1.10.24. Department of Justice Procurement Integrity Website (Procurement Integrity Act)

1.11. Definitions and Acronyms- Terms used in this contract must 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 must govern.

1.11.1. ACPE: Accreditation Council on Pharmaceutical Education

1.11.2. CMOP: Consolidated Mail Outpatient Pharmacy

1.11.3. CO: Contracting Officer. 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. The CO is the only person authorized to make changes via a written modification to the contract.

1.11.4. COR: Contracting Officer’s Representative. 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 must report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. The COR does not have authority to alter or modify the contract terms and conditions in any way but may make recommendations to the CO.

1.11.5. CPRS: Computerized Patient Record System. Electronic medical records used by the VA.

1.11.6. DAPER: Document and Process Enabled Repositories

1.11.7. DOL – Department of Labor

1.11.8. FA: Facility Administrator provided by the Contractor that is responsible for all contract personnel.

1.11.9. Facility Administrator: An on-site Manager, Administrative Services Manager, Business Office Manager, or other job title that manages daily operations and Human Resource related issues

1.11.10. Full time equivalent employee (FTEE): one FTEE equals 40 hours a week.

1.11.11. GED: General Educational Development certificate

1.11.12. Geographic Region: One state within the United States

1.11.13. Healthcare Worker: As defined by the CDC, health care personnel “refers to all paid and unpaid persons serving in health care settings who have the potential for direct or indirect exposure to patients or infectious materials."

1.11.13.1. Pharmacy Technician: works closely with a pharmacist to ensure the health and safety of their patients. They locate, dispense, pack, and label a prescribed medication for a patient that is then reviewed for accuracy by a pharmacist before dispensed to the patient.

1.11.13.2. Pharmacist: comprises the art, practice, and profession of choosing, preparing, storing, compounding, and dispensing medicines and medical devices, advising healthcare professionals and patients on their safe, effective, and efficient use.

1.11.14. HHS: Department of Health and Human Services

1.11.15. HIPAA: Health Insurance Portability and Accountability Act

1.11.16. Item: Specific task or requirement. Also refers to article or unit

1.11.17. Legend Drug Prescription: Medication that cannot be obtained legally without a prescription from a licensed healthcare provider.

1.11.18. Missing Information: Documents required by the solicitation but not submitted by the deadline.

1.11.19. OTC: Over-The-Counter or non-prescription drugs

1.11.20. PIV: Personal Identity Verification

1.11.21. Pool: Qualified personnel that have completed the VA onboarding process

1.11.22. PPE: Personal Protective Equipment

1.11.23. Provide documentation: Provide proof/evidence/record of your experience that demonstrates your ability to successfully perform the requirement.

1.11.24. PWS: Performance Work Statement

1.11.25. QASP: Quality Assurance Surveillance Plan

1.11.26. Staffing Rate: The number of FTEE provided by the contractor divided by the number of FTEE requested by CMOP. The calculation is done per position (Shipper/Packer, Pharmacist, Pharmacy Technician) and per shift for the CMOP location.

1.11.27. TJC: The Joint Commission

1.11.28. Vague Information: Providing statements that contain insufficient information and may lead to assumptions.

1.11.29. VetPro: A federal web-based credentialing program for healthcare providers

1.12. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.13. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The Quality Control plan shall be submitted with the contractor’s proposal. Any requested changes shall be submitted to the Contracting Officer and Contracting Officer’s Representative withing five (5) working days of proposed change(s). After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change of their QC system.

2. DESCRIPTION OF SERVICES:

2.1. CMOP: The CMOP utilizes a combination of automated and manual procedures to prepare and dispense Over-The-Counter (OTC) and legend drug prescriptions, controlled substance prescriptions, bulk type prescriptions, and medical/surgical products directly by mail to patients. The nature of services includes the operation and support of automated and manual filling equipment, and the preparation of prescription orders for mail-out dispensing.

2.2. Program Management: Program management and oversight is a major component of the described services. The Contractor must provide sufficient administrative personnel to perform and manage all human resource and administrative functions of this contract to include, but are not limited to, scheduling, payroll, disciplinary actions, training, onboarding, time, and attendance. Contractor shall not utilize leads, as defined in this PWS, to perform administrative duties.

2.3. Facility Administrator(s) (FA) shall be on-site at the facility during all production hours to ensure daily on-site supervisory and technical monitoring of contractor staff. In addition, the FA must know the CMOP functions of the employees working on the floor. The FA position shall require oversight of human resource management duties, provide oversight of policy compliance to include on-board processing, mandatory training and orientation of contract personnel, on-going competency assessments of contract personnel as well as performance management and quality control of services provided.

2.4. The following labor categories shall be provided under the contract:

2.4.1. Shipper/Packer

2.4.2. Pharmacist

2.4.3. Certified Pharmacy Technician

2.4.4. Non-Certified Pharmacy Technician

2.4.5. Pharmacy Technician Lead

2.4.6. Facility Administrator

3. KEY PERSONNEL

3.1. Facility Administrator – One FA required per shift

3.1.1. Facility Administrators must have a minimum of five years of work experience that reflects on-site managerial and leadership abilities of more than 30 personnel to include business operations, project management, and human resources.

3.1.2. FA’s must be Six Sigma Certified at or above the Green Belt Level and/or be Project Management Certified.

4. QUALIFICATIONS

4.1. Shipper/Packer:

4.1.1. Have a high school diploma or GED.

4.1.2. Demonstrate effective interpersonal communication skills with coworkers and staff.

4.1.3. Have basic typing skills, PC computer skills, working knowledge of MS Office.

4.1.4. Must read, understand, speak, and write English fluently under the authority of U.S.C. 7402(d) and 7407(d).

4.1.5. Must be able to lift to 50 pounds when required; push or pull up to 150 pounds on a rolling cart or using a pallet jack

4.1.6. Able to sit/stand for long periods of time (8-10 hours) and being able to lift totes weighing up to 30 pounds repetitively.

4.1.7. Must be able to understand the precautions required when handling hazardous materials and hazardous waste

4.2. Pharmacist:

4.2.1. Be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. Pharmacists must be a graduate of an American Council on Pharmaceutical Education (ACPE) accredited school or university. Pharmacists who are licensed but have been subjected to disciplinary action of any type by their licensing authority within the preceding five years, must be referred to CMOP management before proceeding with the hiring action.

4.2.2. Must be licensed for controlled substances.

4.2.3. Demonstrate effective interpersonal communication skills with coworkers and staff.

4.2.4. Have basic typing skills, PC computer skills, working knowledge of MS Office.

4.2.5. Must read, understand, speak, and write English fluently under the authority of U.S.C. 7402(d) and 7407(d).

4.2.6. Obtain VetPro certification, which is a credentialing system that is required of all VHA licensed, registered, and certified health care providers.

4.2.7. Able to sit/stand for long periods of time (8-10 hours) and being able to lift totes weighing up to 30 pounds repetitively.

4.3. Pharmacy Technician

4.3.1. Pharmacy Technicians must meet the requirements of 4.3.1.1 or 4.3.1.2, depending on their position.

4.3.1.1. Certified Technicians (CPhT) shall hold a current valid certification by the National Pharmacy Technician Certification Board (PTCB), Exam for the Certification of Pharmacy Technicians (ExCPT).

4.3.1.2. Non-certified technicians must have 6 months of experience (unless otherwise authorized by the respective CMOP) in a retail or hospital pharmacy setting; or be a graduate of an Academic Technician Training Educational Program. Not all pharmacy technicians will be required to be certified or registered (unless required by State Guidelines); however, certification is highly encouraged as several processes and certain equipment will require certified technicians.

4.3.2. Must be able to understand how to perform basic mathematical calculations

4.3.3. Have basic typing and PC computer skills

4.3.4. Have a high school diploma or General Educational Development (GED) certificate

4.3.5. Must read, understand, speak, and write English fluently under the authority of U.S.C. 7402(d) and 7407(d)

4.3.6. Must be able to lift up to 50 pounds when required; push or pull up to 150 pounds on a rolling cart or using a pallet jack. Must be able to stand or sit for long periods of time (8-10 hours), stoop, reach upward and withstand various types of repetitive motion inherent in the various tasks to be performed.

4.4. Pharmacy Technician Lead

4.4.1. Must have all qualifications of Pharmacy Technician, certified or non-certified;

4.4.2. Demonstrate inter-personal skills to effectively interact with peers.

4.4.3. Must be able to train Pharmacy Technicians on correct labeling procedures according to current SOPs and procedures.

4.4.4. Demonstrate experience leading a group or project that would indicate the ability to manage and supervise others.

4.4.5 Ability to work on the floor and keep employees on task.

4.4.6. Demonstrate experience in administrative/records management to assist with maintaining required records on staff background investigations, training, and reporting.

5. TASKS

5.1 Shipper/Packer tasks:

5.1.1 Knowledge of various items of stock in order to verify content

5.1.2 Selection of appropriate type and size of container

5.1.3 Inserting enclosures in container

5.1.4 Using excelsior or other material to prevent breakage or damage

5.1.5 Closing and sealing container

5.1.6 Applying labels or entering identifying data on container

5.1.7 Operates various types of packaging equipment

5.1.8 Must be able to read computer screens and use scanning equipment

5.1.9 Must be able to respond to alarms and alerts

5.1.10 Maintain work area in clean and orderly manner

5.1.11 Must be able to follow SOP and procedures as required.

5.1.12 Must be able to understand the precautions required when handling hazardous materials and hazardous waste

5.1.13 Act as a “runner” and deliver messages, documents, or items to various locations at the facility when needed.

5.2 Pharmacist tasks:

5.2.1 Provide pharmaceutical verification of prescription orders of legend, OTC, Medical Surgical (Med/Surg), and Controlled Substances to patients requiring care.

5.2.2 Assessment of drug order and cross match with medication presented at checking stations.

5.2.3 Pre-verification of medications loaded into highly specialized mechanical apparatus to dispense medications in prescription bottles.

5.2.4 Verification and fill of controlled substance orders, schedules III, IV, and V.

5.2.5 Perform Quality Assurance functions and supervision of contracted Pharmacy Technicians.

5.2.6 Follow CMOP policies regarding documentation and reports to meet VA and TJC policy.

5.2.7 Note any unusual doses, wrong drug, wrong strength, or drug mix up and report the information in accordance with local CMOP policies.

5.2.8 Provide full checking, labeling, and quality assurance within the guidance (written VHA handbooks, written CMOP policies, and training that will be provided by the CMOP) of the Department of Veterans Affairs regarding pharmaceutical medications.

5.2.9 Dispense medications within corporate and regulatory guidelines for controlled substances.

5.2.10 Must be able to follow SOP and procedures as required.

5.2.11 Must be able to understand the precautions required when handling hazardous materials and hazardous waste

5.3 Non-Certified Pharmacy Technician tasks:

5.3.1 Prepares and dispenses medications, and maintains related records for patients

5.3.2 Prepares, packages, labels, and distributes medication doses prescribed by physician

5.3.3 Maintains inventories of drugs and supplies, stocking shelves, rotating stock, and checking expiration date of pharmaceuticals

5.3.4 Fills/stocks medications in various automated devices and storage locations

5.3.5 Operates various types of pharmacy automation, including, but not limited to, Autofill devices; Baker Cells; Kalish cells, A-frames; repackaging equipment; electronic scales

5.3.6 Read computer screens, use scanning equipment, select specific drugs/products required to fill an order by name, strength, and National Drug Code (NDC) number

5.3.7 Cleans cells and performs first level preventative maintenance which includes cleaning off lights, vacuuming, and making minor adjustments to equipment

5.3.8 Must be able to understand the precautions required when handling hazardous materials and hazardous waste

5.3.9 Must be able to follow SOP and procedures as required.

5.3.10 Must be able to understand the precautions required when handling hazardous materials and hazardous waste

5.4 Certified Pharmacy Technician tasks include those listed above as contracted Non-Certified Pharmacy Technicians, and include the following:

5.4.1 Manually fill any specialized prescriptions

5.4.2 Puck Exception area for QA duties.

5.4.3 Main line Exception for QA Duties.

5.4.4 Canister Verification Duties

5.4.5 Canister Replenishment Duties.

5.5 Pharmacy Technician Lead tasks include those listed above as contracted Pharmacy Technicians, and include the following:

5.5.1 Supervisory tasks include day to day administration of assigned operational area (production floor) and to coordinate activities with other productions areas.

5.5.2 Orient new contract pharmacy technicians and assist with evaluating performance.

5.5.3 These positions are working Leads and must be on the operations floor at all times.

5.5.4 If this position is associated with supervision this is also a working supervisor position. Only one supervisor can be in the admin office at a time.

5.5.5 Must be able to understand the precautions required when handling hazardous materials and hazardous waste.

5.5.6 Must be able to follow SOP and procedures as required.

5.5.7 The Lead Supervisor position must maintain the employee policies and procedures and will act when these policies and procedure are not adhered to. Examples are patient safety, attendance, late reporting, Parking lot infractions, Production output, and so on.

6. CREDENTIALING

6.1. Pharmacists providing services under this contract must be credentialed in accordance with VHA Handbook 1100.19 Credentialing and Privileging, prior to provision of any services.

6.2. As part of the credentialing process, candidates are required to maintain a current unrestricted license to practice pharmacy or certificate (if applicable).

6.3. VetPro must be in accordance with VHA Handbook requirements.

7. Contractor Phase In/Phase Out:

7.1.1. A phase-in period may be needed to convert operations from the incumbent Contractor to the successful Offeror/ successor. The effective date of the contract resulting from this solicitation may be 90 days (or sooner upon mutual agreement) after the date of award. Contractor must ensure that sufficient manpower is available during the conversion.

7.1.2. Contractor Phase Out: A phase-out period may be needed to convert operations from the Contractor to the successful Offeror/ successor. The effective date of the phase-out may be 90 days (or sooner upon mutual agreement) after the date of award. Incumbent Contractor must ensure that sufficient manpower is available during the conversion.

8. GOVERNMENT RESPONSIBILITIES

8.1. Contracting Officer’s Representative (COR)

8.1.1. One COR will be designated for each shift by authority of the Contracting Officer to monitor all technical aspects and assist in administering the contract. The types of actions within the purview of the COR’s authority are to assure that the Contractor performs the technical requirements of the contract; to perform or cause to be performed inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to issue written interpretations of technical requirements of Government specifications; and to monitor the performance of Contractor under the contract and notify the Contractor and Contracting Officer (CO) of any deficiencies observed. A memorandum of delegation will be issued to each COR with a copy supplied to the Contractor, stating the responsibilities and limitations of the COR’s.

8.1.2. At no time may the scope, work, price, delivery dates, or other mutually agreed upon terms or provisions of the contract be changed without being executed in writing by the CO authorizing such changes. The Contractor performing outside of the scope of the contract at the direction of the COR, does so at their own risk. Questions concerning authority of the COR must be addressed to the CO.

8.1.3. The COR may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and address of the successor COR, will be promptly provided to the Contractor by the CO in writing.

8.2. Training

8.2.1. Mandatory VA orientation and other required government training will constitute billable time. Mandatory annual training includes but is not limited to: Information Security and Privacy; Diversity; Sexual Harassment; Annual Fire Safety; Ethics; Handwashing; Infection Control; and VHA Privacy training. Failure to maintain annual training may result in loss of VA network and facility access. Time allotted for completion of mandatory training topics must be the same as that allotted for federal staff.

8.3. Administrative Functions and Meetings

8.3.1. Upon request by the Government, contract employees may be asked to attend and participate in staff meetings, performance improvement activities, training meetings. Attendance at these functions constitutes billable time.

8.4. Personal Protective Equipment

8.4.1. The CMOP will provide disposable personal protective equipment (PPE) as required by OSHA for specific job functions as well as training on wear and use. Items provided must be worn by contract personnel to maintain OSHA standards and compliance. Steel toe safety shoes may be required in some facilities for some functions and will be the responsibility of the contractor. Steel toe caps and slip-on protective footwear will be made available by CMOP. Steel toe caps and/or slip-on protective footwear are not considered disposable. Contract personnel will be required to turn in damaged or worn-out protective footwear in exchange for new replacements.

8.5. Identification Badges

8.5.1. A Government issued Personal Identity Verification (PIV), or equivalent badge must be issued to all contract staff rendering services at CMOP sites. The appropriate badge must be worn at all times while on Government facility grounds in appropriate Identity Credential Holders, clearly displayed on the outermost garment (e.g., coat, jacket, sweater, shirt, blouse, lab coat, etc.) above the waist, with picture and name unobstructed. If worn on a lanyard around the neck, it must be of the break-away type for safety.

8.5.2. The cost of the first issued badge must be borne by the supported CMOP. In the event any contract employee loses or damages a badge, the Contractor must be charged the amount prescribed by the CMOP for replacement badges policy adopted by each CMOP and in accordance with VA Handbook 0735.

8.5.3. PIV badges are required to be returned to the facility COR upon termination, retirement, etc. of contract employee in accordance with VA Handbook 0735.

8.5.4. Identification badges are required for facility access at all times. All contract personnel must have badges permitting them access to their facility. If badges are lost or forgotten, contract personnel must report to the front desk to gain access. At no time, will a contract employee gain access to a site through another personnel’s badge.

8.6. Government Furnished Space

8.6.1. For the convenience of the Government, a dedicated on-site workspace for the Contractor on- site facility administrator will be provided.

9. CONTRACTOR RESPONSIBILITIES

9.1. The Contractor must ensure that all contract employees have met qualifying criteria, including current and valid licenses and certifications. Contract employee must be required to complete and pass background investigations to work at the CMOP.

9.2. The Contractor must provide documentation to the COR that confirms the employee is qualified to work in the assigned area.

9.3. The contractor must attempt to maintain a 100% staffing rate per scheduled shift but at no time will a staffing rate below 97% be considered acceptable for each labor category. Rates below acceptable levels will result in action by the CO, unless otherwise authorized by the COR. If required to be staffed at less than 97%, notification will be made by COR to the contractor.

9.4. All Contractor employees must be clearly differentiated from VA staff. All contract employees must wear apparel, or a badge issued by the contractor that clearly indicates the name of contracted agency.

9.5. Contractors will be subject to the same standards in meeting or exceeding current recognized National Standards as established by The Joint Commission (TJC). Copies of the standards are on file at the CMOP and may be made available to the Contractor. The Contractor must perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA policy, regulations, and procedures. Contractors must be technically proficient in the skills necessary to fulfill the Government’s requirements. Contract personnel must be responsible for compliance with all requirements in accordance with applicable CMOP written policies, procedures, competencies, and bylaws of the CMOP. Contract personnel shall be required to meet VA employee standards of productivity, competency, quality, conduct and protocol. Copies of all applicable documents will be available to the Contractor and are located at the CMOP.

9.6. Pursuant to The Joint Commission standards, the Contractor must maintain in an ongoing state of readiness, available for inspection, an Orientation/Training/Competency Assessment File for each contract employee that contains the following items located at each of the supported CMOP facilities:

8.6.1 Current licensure, certification, or registration, if applicable to position

8.6.2 Position Description (PD)/functional statement

8.6.3 New employee orientation documentation

8.6.4 Initial and annual competency assessment

8.6.5 SOP training documentation applicable to duties assigned

8.6.6 Annual performance evaluations.

8.6.7 Signed Rules of Behavior

9.7. The Contractor must be responsible for establishing and maintaining a record keeping system for verification of actual hours worked for all personnel.

9.8. The Contractor must provide all necessary equipment for detailed electronic timekeeping purposes to include hardware that would require personnel to physically clock in and clock out. Personal electronic devices are not allowed on the production floor and cannot be used for this purpose. Records such as time and attendance logs must be used to verify Contractor's performance. Detailed timekeeping reports are to be submitted weekly, for verification and review, to the COR. Manual adjustments to timekeeping records must be easily identified to include a detailed rationale to support the adjustment. The Contractor shall provide the COR with any additional documentation necessary to validate invoicing. One timekeeping device shall be provided for each forty (40) personnel. Installation of timekeeping systems are the responsibility of the Contractor and are to be coordinated with the COR. Timekeeping records are to be maintained for six (6) years, three (3) months after the final payment is received on the contract.

9.9. The Contractor must provide all equipment, office supplies, office machines, and furniture required for on-site administrative contractor personnel, if required. Any installation required will be the responsibility of the contractor and must be coordinated with the COR. Any connectivity for electronic equipment is the responsibility of the Contractor.

9.10. The contractor must provide any PPE in accordance with published CDC guidance during any events such as a pandemic or other health/safety reason.

9.11. Any company specific orientation (such as for benefits, leave, etc.) the Contractor provides during the on-boarding process will not constitute billable time to the government.

9.12. Contractor meetings with contractor employee(s) are permitted but must not constitute billable time. The Contractor must notify and coordinate such meetings with the COR in advance. Such meetings must not disrupt production.

9.13. The Contractor must respond within twenty-four (24) hours after notification from the CO or COR concerning the occurrence of any serious incident or negative trend involving quality, performance, conduct, attendance, or safety. Contractor’s written response must include actions planned for resolution. The Contractor’s response must be given to the COR for the facility in which the occurrence took place and the CO. Reference section 8.5.

9.14. The Contractor will be liable for the liability producing acts or omissions of its personnel. Any litigation ensuing must be the responsibility of the Contractor, for its personnel, under separate independent handling by Contractor counsel and/or insurance.

9.15. All accidents, malfunctions, injuries, and deaths related to the delivery of services must be immediately reported verbally to the CO. The Contractor will be required to provide evidence of follow-up through a written report of the incident, describing the event, analysis of cause and effect, and corrective action taken. If the CO requests such a report, this must be done within three (3) working days of the verbal report. The Contractor is liable for any workers’ compensation events resulting for the delivery of services.

9.16. The Contractor will be responsible for reimbursement to the CMOP any expense due to the willful misconduct of their employees. Such acts include, but are not limited to, false notifications of fires, erroneous bomb threats, threats of violence or to harm others and other malicious actions.

9.17. The Contractor is responsible for all personnel actions necessary to maintain an excellent, productive, and fully staffed working environment.

10. CONTRACTOR DELIVERABLES:

10.1. The Contractor must prepare a facility daily staff report, broken down by workstation, listing the contract personnel, and tours of duty and provide to delegated COR via e-mail. Proposed work schedule changes must be submitted at least forty-eight (48) hours prior to the beginning of the shift and provided to the COR. This requirement may be waived by the CO.

10.2. A monthly production report must be provided to the COR, listing by name, each contract provider and associated production measures at each assigned station.

10.3. Quarterly turnover rate reports must be provided to the delegated COR on a quarterly basis.

10.4. The Contractor must submit a current written roster of all regular and alternate employees, which also indicates gains and losses, to the COR monthly on the fourth working day of each month and whenever changes occur in personnel.

10.5. The Contractor must supply written reports within twenty-four (24) hours of occurrence (and when requested) of any incidents and actions taken involving quality, production, performance, conduct, attendance, or safety. Reports must include date and time of occurrence, nature of incident, involved parties, outcome, and action planned for resolution. The written report must be given to the COR and CO.

10.6. Training and orientation reports must be supplied to the delegated COR’s within twenty-four (24) hours when requested.

11. SUMMARY OF PERFORMANCE MEASURES

The Contractor shall meet the following performance measures as they relate to the requirement under task orders awarded under this contract.

11.1. If required to be staffed at less than 97%, notification will be made by CMOP to the contractor.

11.2. Contract personnel file (to include initial and annual training requirements) shall be up to date at all times.

11.3. Performance Standards.

11.3.1. Pharmacists and Pharmacy Technicians must meet VA employee standards of productivity, competency, quality, conduct and protocol.

11.3.2. Shipper/Packer must meet VA employee standards of competency, quality, conduct and protocol. Performance standards will be based on the expected productivity in each assigned area (auto packing, semi-auto packing and manual packing). Contractor will submit a written plan of action to the COR for any Shipper/Packer that drops below 80% of the expected productivity for two (2) consecutive calendar months.

12. CELL PHONE USE:

12.1. Cell phone use is not permitted on production floors. Contract personnel are required to adhere to local facility policies regarding cell phone use and electronic devices.

13. NON-PERSONAL SERVICES

13.1. In performance of this contract, the Contractor must provide non-personal health care services as required by the CMOP facilities to support management of their overall mission. This will be based upon the performance work statement for the specific effort. At no point will this contract or the work environment created by the contract be construed to create an employer/ employee relationship between the VA and the contractor or an individual employed by the contractor.

13.2. Contract providers must not be considered VA employees for any purpose but will be required to meet VA employee standards of productivity, competency, quality, conduct and protocol for the purpose of contact evaluation. The Contractor, not the Government, must have the duty of overseeing contractor personnel and coordinating performance with the COR or CO. The Contractor must be responsible for all human resource functions for their contract employees. The Contractor must be responsible for ensuring that its contract employees maintain standards of conduct mirroring those prescribed by current Federal Employee Regulations.

13.3. The services required under the contract constitute professional and management services within the definition provided by FAR 37.401. Under this contract the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

13.4. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it must be the Contractor’s further responsibility to notify the Contracting Officer immediately.

13.5. These services must not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor must be the sole responsibility of the Government.

14. INVOICING AND PAYMENT

14.1. Invoicing requirements apply to services/work performed under task orders issued.

14.2. Sums due the Contractor shall be invoiced weekly, in arrears, upon receipt of a properly prepared invoice (as defined in FAR Clause 52.212-4(g), Invoice) submitted by the Contractor. Itemized billings must be submitted for services performed.

14.3. All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests on a weekly basis. The contractor shall not use overtime as a means to offset hiring sufficient numbers of personnel. Rates for less than full hourly increments must be paid in ¼ hour increments.

15. SPECIAL CONTRACT REQUIREMENTS

15.1. Reporting requirements: The contractor is required to comply with all reporting requirements to include any not contained specifically within the PWS.

15.1.1. Contracting with Parties Listed on the OIG List of Excluded Individual/Entities:

15.1.1.1. In accordance with The Health Insurance Portability and Accountability Act (HIPAA), Sections 1128 and 1128A of the Social Security Act and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General 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.

15.1.1.2. All offerors must review the Office of the Inspector General (OIG) List of Excluded Individuals/Entities on the OIG web site at to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors 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) of $10,000 for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMPs may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

15.1.1.3. By signing the solicitation, the Contractor certifies that the OIG List of Excluded Individuals/Entities must be reviewed for each person assigned to the contract by the Contractor prior to that person performing services.

16. Drug Screening

15.1 . Services provided under this contract are subject to VA’s Drug-Free Workplace Policy. As such, Contractor shall provide personnel consistent with the aim of that policy, i.e., personnel that are drug free. Contractor shall have its own guidelines in place to promote the utilization of drug free personnel, including the ability to administer drug testing on their personnel during situations of “reasonable suspicion” of drug use and testing following any incidents of “accident or unsafe practices”. It is also recommended that Contractor have procedures in place for random drug testing.

15.2. All drug testing costs of contract employees must be borne by the Contractor. Contract employee to be placed in a CMOP must be screened for improper use of drugs by the Contractor as part of pre-employment.

15.2.3. A pattern of abnormal conduct or erratic behavior.

15.2.4. Arrest or conviction for a drug-related offense or the identification of contract employee as the focus of a criminal investigation into illegal drug possession, use or trafficking.

15.2.5. Newly discovered evidence that the contract employee has tampered with a previous drug test.

15.2.6. Falls, accidents, or injuries on federal facility.

15.2.7. An odor that is similar to cannabis.

16. Personal Hygiene and Clothing

16.1 In the performance of this contract, contract employees must be neat, clean, well groomed, and must otherwise exercise good personal hygiene, in accordance with the supported CMOP policies. Attire must not interfere with the tasks associated with the job or pose a safety hazard to Contractor employees. Appropriate attire must be worn at all times. The Contractor must be responsible for assuring that contract staff adheres to CMOP dress code to include the wearing of apparel identifying them as a contractor.

17. Conflicts of Interest

17.1 The Contractor must not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor must not employ any person who is an employee of the Department of Veterans Affairs unless such person seeks and receives approval in accordance with VA Regulations and public law.

17.2 Local policy and VA ethics process must be followed when the contractor proposes an employee that is related to a member of VA staff family or contractor staff.

18. HIPAA Compliance

18.1 As a covered entity, the Department of Veterans Affairs (VA) is required by law to obtain satisfactory assurance of a Business Associate that the Business Associate appropriately safeguards protected health information it receives or creates on behalf of the covered entity. Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 to include the Administrative Simplification Provisions of the law and associated rules and regulations published by the Department of Health and Human Services (HHS). The Contractor must comply with all HIPAA- related rules and regulations to include Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information, and the Security Standards. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPPA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department Veterans Affairs is the Veterans Health Administration (VHA).