Attachment 1 - PWS r2.docx

PERFORMANCE WORK STATEMENT

June 15, 2024

General: This is a non-personal services contract to provide professional assistance related to prescription processing support services to supplement the mission of three (3) Meds by Mail (MbM) facilities.

1.1 Overview:

1.1.1 Meds by Mail (MbM): Meds by Mail is the overall pharmacy program; Virtual Pharmacy Service (VPS) is a program within MbM. MbM supports other programs including, but not be limited to, Indian Health Services (IHS), Veterans Choice, and other VHA-Integrated Veterans Care (IVC) or pharmacy benefits management (PBM) sponsored programs. Meds by Mail applies approved management protocols to review and process external prescriptions that may, at times, necessitate interactions with physician offices, patients and/or their family or representative. MbM consists of three physical sites: Dublin, GA, Cheyenne, WY, Murfreesboro, TN. There are also various virtual (home office) locations, depending on the type of job tasks performed. MbM processed 3.6 million prescriptions (paper and e-scripts) for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) in FY21. Prescriptions sent to MbM originate from non-VA providers located in all 50 states plus all US Territories and US Possessions. MbM expects a 5% yearly increase in prescription volume over the next five years. MbM’s Virtual Pharmacy Service (VPS) provides prescription verification assistance to the Department of Veterans Affairs Medical Center (VAMC) Pharmacies of the United States and territories at a per prescription cost recovery. By the end of FY 2023, MbM serviced 36 VAMCs verifying 5.6 million prescriptions. MbM anticipates moderate growth in the VPS program over the next 5 years. MbM forecasts up to 45 VAMCs will participate in the VPS to varying degrees.

1.1.2 For informational purposes, the following are average weekly production rates for key work areas:

1.1.2.1 Cheyenne MbM CHAMPVA: 38,500 prescriptions processed

1.1.2.2 Cheyenne MbM Call Center Calls: 6,200

1.1.2.3 Dublin MbM CHAMPVA: 38,500 prescriptions processed

1.1.2.4 Dublin MbM Call Center Calls: 7,600

1.1.2.5 MbM VPS: 117,750 prescriptions processed for VA medical centers

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

1.2 Estimated number of personnel required by facility:

1.2.1 The estimated number of personnel required by facility are estimates and as such, the Government will not be held liable should actual quantities differ from these estimates. The estimates are used to define scope and may fluctuate upward or downward based on the adoption or introduction of automation, changes in workload or processes, workload transfers, inclement weather, staffing shortages, or contingency operations throughout the life of the contract.

1.2.2 The estimated number of certified technicians required varies within each facility based on the equipment and process assigned. The number of certified technicians may change and fluctuate based on the adoption or introduction of automation or changes in facility processes throughout the life of the contract.

1.3 Places of Performance:

1.3.1 2103 Veterans Blvd, Unit 2, Dublin, GA 31021 (due to potential relocation, the exact address may change location within a radius of 50 miles of current location)

1.3.2 5353 Yellowstone Road, Cheyenne, WY 82009

1.3.3 The following VA CMOP location: 3209 Elam Farms Parkway, Room 220, Murfreesboro, TN 37127. (Due to potential relocation of CMOP sites during the life of the contract, this facility may change locations within a radius of 50 miles of current location).

1.3.4 Virtual locations (for eligible staff who may work from home in the continental US located within 50-miles from a local VA Medical Center or VA CBOC)

1.4 Normal Hours of Operation/Scheduling (Hours are in local time zones):

1.4.1 Dublin, GA: Eight (8) hour shifts between 7:00AM- 7:30 PM Monday through Friday local time.

1.4.2 Cheyenne, WY: Eight (8) hour shifts between 7:00AM-7:30 PM Monday through Friday local time.

1.4.3 Murfreesboro, TN: Eight (8) hour shifts between 7:00AM- 7:30 PM Monday through Friday local time.

1.4.4 MbM VPS hours of operation: Eight (8) hour shifts between 6:30AM-6:00 PM Monday through Friday local time.

1.4.5 Operational hours may increase or decrease, to include expansion to evening, weekend or split shifts, based on workload demand or emergency contingencies to include, but not be limited to, inclement weather, equipment failures, workload transfers, pandemics, and staffing shortages.

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

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

1.4.8 The eleven holidays observed by the Federal Government are:

1.4.8.1 New Year’s Day;

1.4.8.2 Martin Luther King’s Birthday;

1.4.8.3 Presidents’ Day;

1.4.8.4 Memorial Day;

1.4.8.5 Juneteenth

1.4.8.6 Independence Day;

1.4.8.7 Labor Day;

1.4.8.8 Columbus Day;

1.4.8.9 Veterans’ Day;

1.4.8.10 Thanksgiving;

1.4.8.11 Christmas;

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

1.4.8.13 Holidays may be scheduled as production workdays. Holidays will only be worked with a 48-hour notice except in crisis situations (i.e., inclement weather, major equipment failure, pandemic, etc.). If overtime is offered, the Government will make a reasonable effort to give the Contractor as much notice as possible but not less than 12 hours

1.4.9 The contractor shall be required to provide a monthly schedule at least 30 days prior to the start of the month or upon mutual agreement between contractor and individual facility.

However, schedules are subject to change due to changes in volume and workload or due to contingency operations such as inclement weather, major equipment failures, or a pandemic. 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 shall be asked to fill additional unscheduled shifts within a twenty-four (24) hour notice. Notification and scheduling will be mutually agreed upon between the facility and the contractor.

1.5. Overtime may be offered throughout the life of the contract. Overtime is defined as any hours worked in excess of forty hours in one week per person, not for hours in excess of eight hours per day. Overtime must be authorized in writing by MbM COR. The scheduling of overtime will be coordinated between the contractor and COR. Overtime will only be billable in 15-minute increments.

1.6 Period of Performance (POP): The base ID/IQ will have a five (5) year ordering period.

1.7 Contract Type: This will be a firm-fixed price ID/IQ with task orders issued as required. Task orders must be issued by warranted contracting officers of Network Contracting Office 15, CMOP Acquisitions, authorizing services

1.8 Handbooks and Policies:

1.8.1 The services to be performed by the Contractor shall be performed within the national and local MbM policies, procedures and regulations.

1.8.2 VA Handbook 5024: Human Capital Management Accountability Systems.

1.8.3 Pharmacy Benefits Management Services: VA Mail Order Pharmacy - Pharmacy Benefits Management Services

1.8.4 Code of Integrity

1.8.5 VA Directive 6300: Records and Information Management

1.8.6 VHA Directive 1030: VHA Integrity and Compliance Program

1.8.7 VHA Directive 1733: VHA Finance Quality Assurance Reviews

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

1.8.9 VA Directive 6500: VA Cybersecurity Program

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

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

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

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

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

1.8.15 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)

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

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

1.8.18 VA Directive and Handbook 5025: Legal

1.8.19 VA Directive 8100: Guidance Relating to Congressional Relations Activities

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

1.8.21 VHA Handbook 1100.20 Credentialing of Healthcare Providers- https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

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

1.8.23 Department of Justice Procurement Integrity Website (Procurement Integrity Act)

1.9 Definitions and 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.

1.9.1 ACPE: Accreditation Council on Pharmaceutical Education

1.9.2 CAG: Citrix Access Gateway

1.9.3 CBOC: Community Based Outpatient Clinic

1.9.4 CHAMPVA: Civilian Health and Medical Program of the Department of Veterans Affairs

1.9.5 CMOP: Consolidated Mail Outpatient Pharmacy

1.9.6 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.

1.9.7 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 shall 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.

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

1.9.9 DAPER: Document and Process Enabled Repositories

1.9.10 E-Rx: Electronic prescription using VA’s software

1.9.11 FA: Facility Administrator provided by the Contractor that is responsible for all contract personnel at all three facilities.

1.9.12 Facility Administrator: A Virtual Manager, Administrative Services Manager, Business Office Manager, or other job title that manages daily operations and Human Resource related issues 1.9.13

1.9.14 GED: General Educational Development certificate

1.9.15 HHS: Department of Health and Human Services

1.9.16 HIPAA: Health Insurance Portability and Accountability Act

1.9.17 IHS: Indian Health Services

1.9.18 ISP: Internet Service Provider

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

1.9.20 MbM: Meds by Mail

1.9.21 NPI: National Provider Identifier.

1.9.22 OTC: Over-The-Counter or non-prescription drugs

1.9.23 PIV: Personal Identity Verification

1.9.24 POP: Period of Performance

1.9.25 PPE: Personal Protective Equipment

1.9.26 PWS: Performance Work Statement

1.9.27 PTCB: Pharmacy Technician Certification Board

1.9.28 QASP: Quality Assurance Surveillance Plan

1.9.29 RESCUE: Remote Enterprise Security Compliance Update Environment

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

1.9.31 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

1.9.32 VA Electronic Health Record Modernization (EHRM) (Cerner)

1.9.33 VPN: Virtual Private Network

1.9.34 VPS: Virtual Pharmacy Service

1.10 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).

1.11 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 he assures himself that his 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 to his QC system.

2. KEY PERSONNEL:

2.1 Facility Administrator – One FA required to cover all 3 MbM facilities. Must be reachable during all operational hours

2.1.1 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.

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

3. DESCRIPTION OF SERVICES:

3.1 Meds by Mail: The Contractor shall provide licensed pharmacists and certified pharmacy technicians to perform prescription order processing, call center triage services, and clerical tasks necessary to meet all MbM workload demands. MbM utilizes a combination of automated and manual procedures to prepare prescriptions for fulfillment. The nature of services includes the operation and support of automated and manual prescription data entry for prescription fulfillment at Consolidated Mail Outpatient Pharmacy (CMOP). MbM utilizes approved management protocols to review and process external prescriptions, communicating protocols/therapeutic change requests with physician offices, and counseling and teaching patients and significant family members regarding the proper use of their medications. MbM’s-VPS program uses management-approved protocols for pharmacists to review and process pending file, outpatient prescriptions for VA medical centers.

3.2 Program Management: Program management and oversight is a major component of the described services. The Contractor shall provide all necessary personnel to perform and manage the requirements of this contract. This position requires oversight of human resource management tasks, 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.

3.3 Facility Administrator(s) (FA) shall be available during all production hours to ensure daily supervisory and technical monitoring of contractor staff. 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.

3.4 The following labor categories shall be provided under the contract:

3.4.1 Pharmacist

3.4.2 Pharmacist Lead

3.4.3 Pharmacy Technician

3.4.4 Pharmacy Technician Lead

3.4.5 Facility Administrator

4. QUALIFICATIONS

4.1 Pharmacist: Position requires at a minimum:

4.1.1 A valid and unrestricted license to practice in a State, Territory, or Commonwealth of the United States or the District of Columbia. Pharmacists must be a graduate of an Accreditation Council on Pharmaceutical Education (ACPE) accredited school or university.

4.1.2 Proven knowledge, skills, and abilities associated with professional pharmacy practice;

4.1.3 Effective interpersonal communication skills with coworkers and staff;

4.1.4 Basic typing skills, PC computer skills, working knowledge of MS Office;

4.1.5 Shall read, understand, speak, and write English fluently under the authority of U.S.C.

402(d) and 7407(d);

4.1.6 Capable of obtaining VetPro certification, which is a credentialing system that is required of all VHA licensed, registered and certified health care providers; 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 MbM management before proceeding with the hiring action.

4.2 Lead Pharmacist: Position requires at a minimum:

4.2.1 In addition to qualifications listed above, have the following:

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

4.2.3 Demonstrated managerial experience with good inter-personal skills to effectively interact with peers, and the ability to direct work assignments for other contracted staff.

4.3 Pharmacy Technician:

4.3.1 Certified by the National Pharmacy Technician Certification Board (at the time of on-boarding or within six months); and have a minimum of six months experience in retail or hospital pharmacy setting or be a graduate of an Academic Technician Training Educational Program;

4.3.2 Have basic typing and PC computer skills;

4.3.3 Have a high school diploma or General Educational Development (GED) certificate;

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

4.3.5 Capable of obtaining VetPro certification, which is a credentialing system that is required of all VHA licensed, registered and certified health care providers;

4.4 Lead Pharmacy Technician:

4.4.1 Must have all qualifications of Pharmacy Technician;

4.4.2 Demonstrated inter-personal skills to effectively interact with peers;

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

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

5. Tasks

5.1 Task 1: Pharmacist Tasks

5.1.1 Review all medication orders for appropriateness, compliance or potential abuse;

patient’s allergy and adverse drug event history; drug-drug and drug-disease state interactions;

drug selection; dosage; route of administration; frequency, patient instructions for use, therapeutic duplication and quantity and days’ supply, number of refills, contraindications based on age all prior to prescription verification.

5.1.2 Ensure all medication orders are entered and verified in the electronic patient medical record (VistA, Cerner, or designated system of record) and corresponding imaging software (DAPER) or VA e-Rx software according to established policies and procedures.

5.1.3 When appropriate, contact provider to resolve any medication-related issues and document recommendations and interventions in the designated system of record (e.g., Computerized Patient Record System (CPRS);

5.1.4 Process prescriptions in assigned VAMC Pharmacy (VistA or Cerner) system remote pending file sites when scheduled.

5.1.5 Process medications that are returned to MbM facilities, in accordance with MbM policy.

5.1.6 Performs Pharmacist of the Day functions to handle escalated patient calls and requests from call center and technician staff.

5.1.7 Report medication errors and quality issues in alignment with MbM Quality and safety reporting program.

5.1.8 Shall provide counseling and teaching patients and significant family members/caregivers regarding drug therapy and serve as a drug information source for patients and healthcare professionals, providing timely responses to requests.

5.2 Task 2: Lead Pharmacist tasks include, but are not limited to:

5.2.1 All tasks listed for pharmacists plus;

5.2.2 Assist in scheduling, timecard corrections, answering questions from contract staff;

5.2.3 Maintain records on background investigations, training on contract staff, reports.

5.2.4 Responsible for day to day administration and coordination of contract pharmacist staff activities with other production areas;

5.2.5 Performs various tasks involved with human resource management. Assists with training and education of personnel and ongoing evaluation of performance.

5.2.6 Initiates corrective actions necessary for any conduct violation and monitors excessive tardiness or sick leave for contract personnel;

5.2.7 Plans and publishes contract schedules in a timely manner, ensuring adequate staffing for the accomplishment of the MbM mission and makes recommendations on allocation of resources to increase efficiency;

5.2.8 Monitors work output of contract personnel and reports any issues to MbM COR;

5.2.9 Enforces appropriate training and/or disciplinary action for contract personnel involving medication errors (quality) in a timely manner, or below average production (quantity);

5.2.10 Ensures mandatory training is completed timely by contract staff;

5.2.11 Resolves problems and complaints of contract staff. Reporting on-site as needed determined by either the Government or Contractor.

5.3 Task 3: Pharmacy Technician Tasks

5.3.1 Read and interpret prescriptions for completeness. Identify missing pertinent information and correspond with providers or patients for clarification as needed.

5.3.2 Enter correct drug strength, dosage form, directions, quantity and day’s supply into the patient’s medication profile per MbM policy. Processes prescription refills and electronic prescription renewal requests. The prescription entry will be verified by a pharmacist.

5.3.3 Able to read computer screens and select specific drugs/products required to fill a prescription by name, strength, quantity, refill number and directions.

5.3.4 Processing patient letters, including return and back-order letters.

5.3.5 Working in various queues including adding new providers to MbM provider database and working in various specialty pharmacy teams.

5.3.6 Operates various types of pharmacy automation and office equipment including, but not limited to scanner, fax, computer software/hardware, printers, etc.

5.3.7 Utilize pharmacy information systems to identify basic therapeutic problems such as duplicate therapy with drugs in the same drug class and alerts the pharmacist to the possible need for clinical intervention.

5.3.8 Processes medications that are returned to MbM facilities according to MbM Policy.

5.3.9 Performs call center tasks according to MbM policies and procedures and all applicable federal and state laws, documents oral disclosures in the patient’s electronic health record.

5.3.10 Report medication errors and quality issues in alignment with MbM Quality and Safety reporting program.

5.3.11 Participate in reviewing medication histories, allergies, adverse drug reactions, and drug therapy compliance with patients and/or significant family members/caregivers.

5.4 Task 4: Lead Pharmacy Technician Tasks include, but are not limited to:

5.4.1 All tasks listed above, and;

5.4.2 Assist in scheduling, timecard corrections, answering questions from contract staff;

5.4.3 Maintain records on background investigations, training on contract staff, reports.

5.4.4 Responsible for day-to-day administration and coordination of contract technician staff activities with other production areas;

5.4.5 Participates with the Pharmacist Lead to perform the varied tasks involved with human resource management. Assists with training and education of personnel and ongoing evaluation of performance.

5.4.6 Initiates corrective actions necessary for any conduct violation and monitors excessive tardiness or sick leave for contract personnel;

5.4.7 Plans and publishes contract work schedules in a timely manner, ensuring adequate staffing for the accomplishment of the MbM mission and makes recommendations on allocation of resources to increase efficiency;

5.4.8 Monitors work output of contract personnel and reports any issues to MbM COR;

5.4.9 Enforces appropriate training and/or disciplinary action for contract personnel involving medication errors (quality) in a timely manner, or below average production (quantity);

5.4.10 Ensures mandatory training is completed timely by contract personnel;

5.4.11 Resolves problems and complaints of contract personnel.

5.5 Contractor Phase In/Phase Out:

5.5.1 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.

5.5.2 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.

6. CREDENTIALING

6.1 All contract personnel providing services under this contract shall be credentialed in accordance with VHA Handbook 1100.19 and 1100.20 Credentialing and Privileging, prior to provision of any services.

6.2 As part of the credentialing process, candidates submitted will be required to provide: licenses, certificate (if applicable), board certification, state-controlled substance registration, verification of continuous education hours, declaration of health, and release of information.

7. TELEWORK/VIRTUAL/REMOTE WORK

7.1 Telework and virtual/remote work are related, but also somewhat different. Telework is broadly defined as to any arrangement where the employee performs assigned tasks at an approved alternative worksite (e.g., home office) on a regular and recurring basis in combination with work at VA workspace. Remote work is defined as the employee performs their assigned tasks 100% at an approved, non-VA space (e.g., employee works 100% from home or vendor office space.) Virtual work is where the employee performs their assigned tasks 100% at VA workspace (e.g., VA space other than the space of the VA program employing the vendor).

7.2 When telework/virtual/remote programs are implemented, Government-furnished equipment (GFE) will be supplied to be used to perform job functions. The Contractor shall coordinate with MbM COR to ensure offsite contract personnel have adequately functioning home/alternate office furniture, GFE equipment, Homeland Security Presidential Directive 12 (HSPD-12) approved card reader compatible with VA Personal Identity Verification (PIV) card, maintain secure internet access, high speed Internet Service Provider (ISP) that adequately supports all job functions and ensure adequate office supplies to accomplish work responsibilities. Contractor shall ensure that off-site telework locations are approved by MbM and are VA and Health Insurance Portability and Accountability (HIPAA) privacy compliant. VA Telework documents will be supplied along with MbM Desk Procedure and VistA or Cerner access for each medical center supported by the Virtual Pharmacy Service (VPS). MbM will not assume costs associated with telework.

7.3 The Contractor shall provide a verifiable, electronic timekeeping method for personnel.

7.4 All remote contract employees will be required to have the following in place prior to telework:

7.4.1 VA Telework Agreement

7.4.2 TMS Telework Training Module for Employees Certificate

7.4.3 TMS VA Privacy and Info Security Awareness and Rules of Awareness/Behavior Training Certificate

7.5 Contract lead shall provide the COR with a consolidated weekly report that outlines and documents work hours for each contract employee

8. GOVERNMENT RESPONSIBILITIES

8.1 Contracting Officer (CO):

8.1.1 All contract administration shall be affected by the CO. Communications pertaining to contract administration matters shall be addressed to the Contacting Officer. No changes in or deviation from the scope of work shall be affected without a Standard Form 30 (Modification of Contract) executed by the CO authorizing such changes.

8.1.2 The CO is the only person authorized to make or approve any changes in any of the requirements of the contract; and notwithstanding any provisions contained elsewhere, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the changes shall be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

8.2 Contracting Officer’s Representative (COR)

8.2.1 A COR will be designated to cover each MbM station on authority of the Contracting Officer to coordinate scheduling of tasks between contract leads (pharmacist and technician leads) and MbM managers, monitor all technical aspects of the contract, 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.

8.2.2 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 shall be addressed to the CO.

8.2.3 The COR’s 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.

8.3 Training

8.3.1 Mandatory VA orientation and other required government training will constitute billable time. Pre-employment mandatory training courses are not billable. Mandatory training includes but is not limited to: VA Privacy and Information Security Awareness and Rules of Behavior; Active Threat Training, EEO/Diversity and Inclusion/No Fear; Whistleblower Rights and Protections for Employees, Government Ethics; Prevention of Workplace Harassment/No Fear Act, VA Core Values Training (ICARE Recommitment), VA Caregiver Support Program Expansion Overview 101, MbM’s Bugle Knowledge Checks. Time allotted for completion of mandatory training topics shall be the same as that allotted for federal staff.

8.3.2 All contract employees and subcontractor employees requiring access to VA information systems shall complete all mandatory training pertaining to information/cyber security and sign and acknowledge understanding of and responsibilities for compliance with the Contractor Rules of Behavior. The contractor must provide to the COR a copy of all training/signed documentation for each contract employee.

8.3.3 Failure to complete the mandatory annual training and signing of the Rules of Behavior 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.

8.3.4 New employee orientation for general understanding of the MbM program will be provided by MbM trainers.

8.3.5 For training and orientation activities for specific job tasks, contractor may choose one of two options: have new employee report to one of the three MbM physical locations or conduct training and orientation virtually. Length of training will be dependent on job function.

8.3.6 Travel expenses for training and/or orientation of telework personnel are at the expense of the contractor.

8.4 Administrative Functions and Meetings

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

8.5 Personal Protective Equipment

8.5.1 The MbM shall provide disposable personal protective equipment (PPE) as required by OSHA, VA, or MbM for specific job functions as well as training on wear and use. Items provided must be worn by contract personnel to maintain OSHA and/or VA practice standards and compliance. Non-disposable PPE issued to contract personnel shall be returned upon termination of personnel from the contract. Failure to return non-disposable PPE may result in a charge to the Contractor.

8.6 Identification Badges

8.6.1 A Personal Identity Verification (PIV)/USAccess badge will be issued to all contract staff rendering services at MbM sites. PIV/USAccess cards are required to access VA IT systems.

The appropriate PIV badge shall be worn at all times while on Government facility grounds, 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.

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

8.6.3 All contract employees are required to lock their system and remove their PIV/USAccess cards at any time they step away from their work station pursuant to VA IT security policies.

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

8.6.5 Identification badges are required for facility access at all times. All contract personnel shall have badges permitting them access to a MbM facility or their local VA facility. If badges are lost or forgotten, contract personnel shall report the issue to their contractor Pharmacist Lead and COR. At no time, shall a contract employee gain access to a MbM facility through another person’s badge.

9. Government Furnished Space/Equipment

9.1 For the convenience of the Government, a dedicated on-site workspace for the Contractor on-site designated lead will be provided at each facility.

9.2 The Government shall provide all equipment, office supplies, office machines, and furniture required for on-site contractor personnel. Any computer equipment or software installation required for on-site, will be the responsibility of the Government and shall be coordinated between MbM COR and contractor administrative leads. Any computer equipment or software installation needed for telework arrangements will be provided by the Government

10. CONTRACTOR RESPONSIBILITIES/DELIVERABLES

10.1 The Contractor shall ensure that all contract employees have met qualifying criteria, including current and valid licenses and certifications. Contract employee shall be required to complete and pass background investigations in order to work at the MbM.

10.2 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.

10.3 The Contractor shall be required to provide and/or adhere to the following items:

10.2.1 The Contractor shall ensure that the pharmacists providing services under this contract obtain a National Provider Identifier (NPI) and that the NPI is provided to the Contracting Officer Representative (COR). The NPI is a standard, unique 10-digit numeric identifier required by HIPAA.

10.2.2 Pharmacists and pharmacy technicians are not authorized to provide services until the on-boarding process is complete, which includes credentialing, background investigation initiation, and completion of required training.

10.2.3 Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee shall be responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

10.2.4 The Government reserves the right to bar contractor personnel from Government facilities, if personal or professional conduct of the contractor personnel jeopardizes safety or interferes with the regular and ordinary operation of the MbM facilities. Unacceptable breaches of conduct include, but are not limited to, contracted employee intoxication or debilitation resulting from alcohol or drug use, combative/violent behavior toward co-workers, theft, dereliction or negligence, or other conduct resulting in formal complaints by VA staff. The Contracting Officer and Contracting Officer’s Representative (COR) may immediately make determinations relating to contractor personnel access to facilities when conduct of said personnel raises concerns of jeopardized safety. The Contracting Officer shall advise the contractor of the questionable conduct encountered and may seek contractor input related to continuing access of said personnel to VA facilities, but the Contracting Officer is in no fashion required to reach agreement with the contractor before acting on restrictions. The final arbiter on questions of action to be taken to restrict contractor personnel from VA facilities based on alleged conduct issues is the Contracting Officer.

10.3 The Contractor shall provide to the COR, a roster of all personnel providing services under the contract at option year renewal, the first of each month, and when changes in personnel occur. Contractor shall immediately notify the COR upon employee termination or change in duty status.

10.4 Pharmacy technicians working under this contract are subject to the Fair Labor Standards Act (formerly known as Service Contract Act) under position title 12250 Pharmacy Technician. As such, the Contractor is responsible for being cognizant of the Department of Labor Wage Determinations for the MbM facilities at http://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

10.5 The Contractor shall perform services in accordance with the ethical, professional, and technical standards of the healthcare industry as consistent with VA and MbM policy, regulations, and procedures. Employees provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements. Contract employee shall be responsible for compliance with all requirements in accordance with applicable MbM written policies, procedures of MbM. Copies of all applicable documents will be available to all Contractor employees and are located at each MbM.

10.6 Pursuant to VA/MbM standards, the Contractor shall maintain in an ongoing state of readiness, available for inspection, Orientation/Training/Competency Assessment Record (electronic or hard copy) for each contract employee that contains the following items located at each of the supported MbM facilities:

10.6.1 Current licensure or certification, if applicable to position;

10.6.2 Position Description (PD)/functional statement

10.6.3 New employee orientation documentation;

10.6.4 Initial and annual competency assessment;

10.6.5 Evidence of American Council on Pharmaceutical Education (ACPE) approved Continuing Education (CE) for the past calendar year if required by position, and other education and training;

10.6.6 Annual performance evaluations.

10.6.7 Annual completion of Assignment of Function Categories

10.6.8 Documentation of receiving Government-required vaccines

10.7 The Contractor shall be responsible for establishing and maintaining a single record keeping system for verification of actual hours worked for personnel at all sites.

10.8 The Contractor shall provide all necessary equipment/software for detailed electronic timekeeping purposes. Contractor records, such as time and attendance logs, shall be used by the Government to verify and reconcile Contractor’s performance. Detailed timekeeping reports are to be submitted weekly, for verification and review, to the COR at each facility. Timekeeping records are to be maintained for six (6) years, three (3) months. Implementation of timekeeping systems are the responsibility of the Contractor.

10.9 Contractor is responsible for returning any GFE provided to its employees by the Government when the employee leaves the company. The cost of returning GFE equipment (physical deliver or shipping costs) shall be borne by the Contractor. If the GFE is damaged, Contractor shall also assume the cost of replacement.

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

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

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

10.14 The Contractor shall respond within twenty-four (24) hours after notification from MbM concerning the occurrence of any serious incident or negative trend involving quality, performance, conduct, attendance, or safety. Contractor’s written response shall include actions planned for resolution. The Contractor’s response shall be given to the CO and COR.

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

10.16 All accidents, malfunctions, injuries and deaths related to the delivery of services shall be immediately reported verbally to the delegated COR. The Contractor shall 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 shall 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.

10.17 The Contractor shall be responsible for reimbursement to the VA any expense due to the willful misconduct of their employees. Such acts include, but are not limited to, false notifications of fires, security threats, erroneous bomb threats, and other malicious actions.

10.18 The contractor is responsible for all personnel actions necessary to maintain a respectful, productive, and adequate staffing working environment.

10.19 The Contractor shall prepare a facility daily staff schedule, broken down by work assignment listing the contract personnel, and tours of duty and provide to delegated COR via e-mail. Proposed work schedule changes shall be submitted at least twenty-four (24) hours prior to the beginning of the shift and provided to the COR. This requirement may be waived by the CO or COR. A bi-monthly production report shall be provided to each delegated COR, listing by name each contract employee and associated production measures at each assigned station.

10.20 Quarterly turnover rate reports shall be provided to delegated COR’s on a quarterly basis.

10.21 The Contractor shall supply written reports within twenty-four (24) hours of occurrence of any incidents and actions taken involving quality, production, performance, conduct, attendance, or safety. Reports shall include date and time of occurrence, nature of incident, involved parties, outcome, and action planned for resolution. The written report shall be given to the COR for the facility (or specific program where contractor worked such as VPS) in which the occurrence took place.

10.22 All accidents, malfunctions, injuries and deaths related to the delivery of services shall be immediately reported verbally to the delegated COR. The Contractor may 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 shall be done within three (3) working days of the verbal report. The Contractor shall be liable for the liability producing acts or omissions of its employee. Any litigation ensuing shall be the responsibility of the Contractor, for its employee, under separate, independent handling by Contractor counsel and/or insurance.

10.23 Training and orientation reports for VA and/or MbM purposes shall be supplied to the delegated COR’s, as requested.

11. SUMMARY OF PERFORMANCE MEASURES [See Attachment 2, Performance Requirements Summary]

12. CELL PHONE USE:

12.1 Cell phone or other electronic devices shall not interfere, distract, disrupt the contractor or others in the performance of their tasks.

13. SMOKING POLICY

13.1 Smoking, smokeless tobacco, and E Cigs are not permitted within or around the MbM facilities except in designated locations outside of the physical building.

14. CITIZENSHIP RELATED REQUIREMENTS:

14.1 The Contractor certifies that they will 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;

14.2 While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation of their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor shall be 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;

14.3 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;

14.4 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;

14.5 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.

15. INVOICING AND PAYMENT

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

15.2 Sums due the…