36C77024Q0051_2- MEDICATION RETURN ENVELOPES.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

NCO 15 Contracting Ofc - CMOP

36C77024Q0051 09-13-2024

Diana Olson 913-684-0145 10-14-2024

5PM CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

X

339113

$47 Million

N/A

X

Department of Veterans Affairs

*MULTIPLE LOCATIONS TO INCLUDE ANY

VA MEDICAL CENTERS AND VA FACILITIES

36C770

NCO 15 Contracting Ofc - CMOP

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

Medication Return Envelopes with disposal.

Multiple Site Deliveries- locations and specific quantities to be provided to contractor each month.

Email quote package to Diana.Olson@va.gov to include:

1.Form 1449 completed block 30 a.-c, 52.212-3 Trade Agreement Certificate On page 56 2.Envelope sample and detailed capabilities documentation

Sample required by end of solicitation period delivered to:

NCO 15 Contracting Ofc - CMOP c/o Diana Olson 3450 S. 4th St. Trafficway Leavenworth, KS 66048

See section B.2- Statement of Requirements.

Must be registered and in good standing in SAM.gov.

See CONTINUATION Page

X X

X 1(one)

Christy M. Pendlay

36C77024Q0051

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF REQUIREMENTS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS or BPAs (JAN

2023) (DEVIATION)

C.5 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND

BPAS (JAN 2023) (DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 25

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

E.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C770 Christy Pendlay Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery and acceptance of all items received

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs, FSC, PO Box 149971, Austin TX 78714-8971

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

AMENDMENT NO DATE

B.2 STATEMENT OF REQUIREMENTS

BACKGROUND:

VA Background:

• The Department of Veterans Affairs (VA) currently employs nearly 380,000 people to support 1,243 health care facilities, including 170 VA Medical Centers and 1,063 outpatient sites of care of varying complexity (VHA outpatient clinics), serving more than 9 million enrolled Veterans their families, and survivors each year.

Program Background:

• Several states, retail pharmacies, and professional organizations have implemented consumer “Take-Back” medication programs to encourage responsible disposal of medications. These programs allow individuals to turn in/mail in unused medications to designated sites. The VA has a similar type of program that was initiated in 2014. As of 8/31/2023, Veterans have returned over 390 Tons of unneeded/unwanted medication using VA approved medication return envelopes and onsite receptacles.

• Providing a safe and responsible mechanism for Veterans to dispose of unwanted medications aligns with VA’s commitment to patient centered care and enhances medication safety in the Veteran’s home. Veterans often inquire or try to return unwanted medications to VA staff.

• Returning consumer medications can pose both health risks to staff and security storage issues, especially at Community Clinics that do not have an on-sight pharmacy. It has been determined that the costs of a medication take back program is lower than the costs associated with managing returned medications as medical waste. In addition, federal law prohibits staff from taking back controlled substances directly from patients.

• VHA policy requires all facilities offer medication take back options to our Veterans to:

1. Prevent accidental and intentional overdose in the home

2. Prevent diversion of controlled substance prescription medications in support of the

White House efforts to combat the opioid crisis.

3. Decrease the amount of pharmaceutical waste introduced into the environment, particularly into the water.

SCOPE:

• This non-personal services requirement is for the purchase, bulk storage, delivery, postage, processing, destruction, and reporting of Medication Return Envelopes and their contents. Contractor must have a signed service agreement with the United States Postal Service (USPS) prior to submitting a bid and must maintain that agreement throughout the life of the agreement. Contractor shall distribute envelopes to VA Medical Centers (VAMC’s) or other facilities that will be identified on each monthly order. The envelope system must meet the Veterans Health Administration (VHA) procedures for shipping and privacy of the Veterans’ information. The Contractor shall setup a VA approved electronic ordering system that will accept, track and confirm delivery of all orders from VA sites. The Contractor shall receive, process and destroy medication at the address listed on the envelope and must be an approved Drug Enforcement Administration (DEA) Registered Reverse Distributor and Collector. Reporting of destruction will be done on a quarterly basis for each envelope and per VA site.

Information shall include, but is not limited to, package weight, poundage per ordering site and total poundage each month (See REPORTING on page 8).

APPLICABLE DOCUMENTS:

• In the performance of the tasks associated with this SOR, the Contractor shall comply with the following:

o An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPPA) Security Rule, October 2008 o Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004 o CFR 1317.70.

https://www.deadiversion.usdoj.gov/21cfr/cfr/1317/subpart_b.htm#70

CAPABILITIES AND OPERATING PARAMETERS:

• The Contractor must be registered with the DEA as a collector and meet all the requirements defined in the DEA regulations for operation of a mail-back program to include (but not limited to):

1. The contractor shall not employ, as an agent or employee who has access to or influence over controlled substances, any person who has been convicted of any felony offense relating to controlled substances or who, at any time, had an application for registration with the DEA denied, had a DEA registration revoked or suspended, or has surrendered a DEA registration for cause. Per the regulations, “for cause” means in lieu of, or because of, any Federal or State administrative, civil, or criminal action resulting from an investigation of the individual’s handling of controlled substances.

2. The Contractor must store sealed mail-back packages collected at the registered location in a securely locked, substantially constructed cabinet or a securely locked room with controlled access.

3. Maintaining all records applicable under the regulations for DEA registrants operating a mail-back program.

4. Co-mingling of controlled and non-controlled medications in the same envelope

5. The envelope shall be nondescript and shall not include any markings or other information that might indicate that the package contains controlled substances

6. The envelope shall be water- and spill-proof; tamper-evident; tear-resistant; and sealable

7. The envelope shall be preaddressed with and delivered to the collector’s registered address

8. The cost of shipping the envelope shall be postage paid

9. The envelope shall have a unique identification number that enables the package to be tracked

10. The envelope shall include instructions for the user that indicate the process for mailing back the package, the permitted substances that can be sent, notice that packages may only be mailed from within the customs territory of the United States (the 50 States, the District of Columbia, and Puerto Rico), and notice that only packages provided by the collector will be accepted for destruction.

https://www.deadiversion.usdoj.gov/21cfr/cfr/1317/subpart_b.htm#70

11. Upon receipt of a mail-back package by the Contractor the package shall not be opened, x-rayed, analyzed, or otherwise penetrated.

12. If the Contractor ceases an authorized mail-back program the Contractor will: (i) Make a reasonable effort to notify the public prior to ceasing the authorized mail-back program; and (ii) Obtain the written agreement of another collector that has and utilizes at its registered location a method of destruction consistent with DEA regulations to receive all remaining mail-back packages that were disseminated but not returned and arrange for the forwarding of only such packages to that location.

13. Use an on-site method of destruction sufficient to render all such controlled substances non-retrievable. Per the regulations “On-site means located on or at the physical premises of the registrant’s registered location. A controlled substance is destroyed on-site when destruction occurs on the physical premises of the destroying registrant’s registered location.”

14. The Contractor will use destruction methods that comply with all applicable EPA and local State regulation.

15. The Contractor will use the United States Postal Service (USPS) as the common carrier for mail-back envelopes and be able to demonstrate the shipping process is approved by USPS as an acceptable method of shipping at the time of contract award.

POSTAL TRANSPORT:

• Veteran shall place the collection envelope filled with unwanted pharmaceuticals into a United States Postal Service (USPS) approved mailbox or office. The Contractor shall only use USPS as a postal transport entity for this acquisition.

• Pick up the envelopes from Veterans' homes or convenient USPS drop off locations.

• USPS postal transport service shall deliver sealed collection envelope to the address of listed on the envelope.

DISPOSAL OF PHARMACEUTICALS:

• Privacy of the Veteran’s medical information is of utmost importance. The Contractor shall ensure that the Veterans’ privacy is assured from the time the Veteran seals the envelope with pharmaceuticals inside. All packaging received from a Veteran will remain sealed throughout the handling process.

• The Contractor shall exam packages for evidence of tampering and notify the USPS and postal investigative authorities of any signs of tampering for further investigation. The Contractor will use on-site destruction methods that are in compliance with all applicable EPA and local State regulation. As part of destruction process, the pharmaceuticals will be deemed Non-retrievable. Per the DEA regulations: “Non-retrievable means, for the purpose of destruction, the condition or state to which a controlled substance shall be rendered following a process that permanently alters that controlled substance’s physical or chemical condition or state through irreversible means and thereby renders the controlled substance unavailable and unusable for all practical purposes. The process to achieve a non-retrievable condition or state may be unique to a substance’s chemical or physical properties. A controlled substance is considered “non-retrievable” when it cannot be transformed to a physical or chemical condition or state as a controlled substance or controlled substance analogue. The purpose of destruction is to render the controlled substance(s) to a non-retrievable state and thus prevent diversion of any such substance to illicit purposes.”

• Contractor shall examine all envelopes for any signs of tampering. The Contractor shall notify the mail carrier and any applicable investigative services of any signs of tampering for further investigation. Contractor shall list any "tampered" envelopes in the customer report.

• Contractor shall scan barcode on envelope to capture information and weigh envelope prior to processing.

• Envelopes shall remain sealed throughout the handling process and remain in a secure building until destruction.

• Actual destruction of envelopes shall be treated, at a minimum, utilizing one of the following methods for destruction of all consumer household waste: Permitted Hazardous Waste combustor, Large Municipal Waste Combustor, or Small Municipal Waste Combustor. The pharmaceuticals will be deemed at the end as non-retrievable.

The preferred method for disposal will be Waste-to-Energy plants.

REPORTING:

• Contractor shall receive from the Government all VA medical center names and Veterans Integrated Service Network (VISN) numbers in order to create appropriate report. The VA must have the ability to input barcode or equivalent tracking mechanism and track the number of envelopes shipped to each medical center.

• The electronic report shall allow data query for generating the reports by specified date range, as well as all data. Report shall include, but is not limited to, the following fields:

o “Station Number” o “Station Name” o “City”, “State” and “VISN”

• By the 10th of each month the Contractor shall provide to the Contracting Officer’s Representative (COR) a report for the previous month that lists at a minimum:

o Number of envelopes received, o Number of envelopes destroyed, o Number of envelopes pending destruction, o Total weight of envelopes destroyed, o Listing of any exceptions (e.g. envelopes that showed signs of tampering), and o Signed proof of destruction report for each month.

PERFORMANCE DETAILS:

• Performance Period:

o The period of performance shall be a 5 year agreement with 5 ordering periods.

o Envelopes received by the Contractor after the period of performance shall be forwarded to the “Return Address” specified on the envelope.

• Place of Performance:

o The Contractor shall deliver the envelopes to the location identified in the monthly VA Spreadsheet. Processing of the sealed returned filled envelopes from ultimate users (e.g. Veterans), including the required documentation, tracking and destruction will take place at the Contractor’s location.

• Hours of Operation:

o Normal hours of operation at VA are Monday through Friday, 7:00 AM to 4:30 PM excluding Federal Holidays. Delivery of goods shall be made during normal hours of operation.

• Federal Holidays:

o Any scheduled work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

o VA follows the eleven (11) Federal holidays that are set by law (USC Title 5

Section 6103) and as stated below.

o Under current definitions, five are set by date:

New Year's Day January 1 Juneteenth June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

o Six holidays are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

• Travel o The Government will not pay for any travel under this requirement.

ORDERING PROCEDURES:

• Requests for delivery shall be issued for Medication Return Envelopes monthly from the COR. The COR will contact the vendor to provide a spreadsheet with a list of facilities that are requiring a delivery and the quantity of cases to be delivered at each facility for that month. These delivery locations and quantities may vary from month to month.

• The BPA does not obligate any funding. Funding will be obligated via issuance of delivery orders (DOs) against the BPA. The vendor is expected to be able to provide items as specified

• All delivery orders issued by the Government will specify at a minimum:

• CMOP locations

• Description of items

• Quantities of items

• Unit prices of items

• Delivery date needed by of items

• DOs may be issued by any warranted Contracting Officer (CO) within Network Contracting Office (NCO) 15 of the Department of Veterans Affairs in Leavenworth and by authorized Ordering Officers (OOs) from each CMOP/VAMC facility.

USE OF ORDERING OFFICERS:

• The CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the agreement. When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the or agreement. OOs may not negotiate agreement terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the agreement identified in the appointment letter. OOs do not have authority to modify any of the terms and conditions in the agreement. The CO must approve any changes in or deviations from the terms and conditions of the agreement in writing prior to placing orders invoking those terms and conditions. The contractor shall accept orders against the agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment.

• Ordering officers will be authorized to place Delivery Orders (DO) against this BPA up to $250,000. Delivery orders greater than $250,000 will be the responsibility of a warranted contracting officer (CO) at NCO 15.

• Pricing is firm fixed unit pricing. Quantities cited are estimates based on CMOP historical data and are not guaranteed quantities. Actual quantities on delivery orders against the BPA may be greater, equal, or lesser than estimated quantities. Actual quantities and CMOP facility delivery addresses will be established via delivery orders issued against the BPA.

• Delivery orders will have varying lengths of period of performance, not to exceed one

(1) year from the date that the delivery order against the BPA is awarded.

Delivery locations will be specified on delivery orders issued against the BPA.

CMOP and VAMC delivery locations include but are not limited to the following:

VA CMOP Hines – 765 5th and Roosevelt Bldg. 37 NW Dock 18 Hines IL

San Diego VA Medical Center 3350 La Jolla Village Drive San Diego CA

Tallahassee OPC 2181 East Orange Ave Tallahassee FL

Brockton VA Medical Center 940 Belmont Street Brockton MA

Boston VA Medical Center 150 South Huntington Avenue Boston MA

Indianapolis VA Medical Center 1481 West Tenth Street Indianapolis IN

Northampton VA Medical Center 421 North Main Street Northampton MA

St. Cloud VA Medical Center 4801 8th Street North St. Cloud MN

Madison VA Medical Center 2500 Overlook Terrace Madison WI

Temple VA Medical Center 1901 Veterans Memorial Drive Temple TX

Ann Arbor VA Medical Center 2215 Fuller Road Ann Arbor MI

Tuscaloosa VA Medical Center 3701 Loop Road, East Tuscaloosa AL

Portland VA Medical Center 3710 SW US Veterans Hospital Road Portland OR

Gainesville VA Medical Center 1601 SW Archer Road Gainesville FL

Augusta VA Medical Center - Downtown 950 15th Street Augusta GA

Durham VAMC 508 Fulton Street Durham NC

ESTIMATED USAGE:

• The Government anticipates the purchase of approximately 152,500 envelopes during this agreement. This estimate is based on historic data from the previous Medication Take Back Program. 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 need. Therefore, it is impossible to determine the exact quantities that will be required during the agreement term, to include quantities that may be required by each month.

• The delivery approaches are as follows:

o Approximately 147,500 envelopes, VAMCs and Bulk orders by CMOP o Approximately 5,000 envelopes outside the Continental United States.

DELIVERY AND ACCEPTANCE:

• Prior to shipping, Contractor shall initially notify and confirm with COR prior to shipment.

The Contractor is required to give detailed information to include, but not limited to, name of VAMC, quantity by site, manifest date, estimated date of delivery and tracking number(s).

• Bulk orders to CMOPs shall also include the number of pallets (if applicable), or other information requested by the POC at least 24 hours in advance of any delivery.

Contractor is NOT AUTHORIZED to make any changes to the delivery schedule without written approval from the Contracting Officer.

• Deliveries outside of the continental United States do not fall under standard delivery practices therefore, may incur additional cost. A flat rate per case shall be mutually agreed upon by the Contractor and VA. This flat rate shall not change unless the Contractor can provide proof to VA that the flat rate must be renegotiated to align with actual costs.

• All shipments, either single or multiple container deliveries, will bear the VA Purchase Order (PO) number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA PO number will indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

o Packing Slips/Labels and Lists shall include the following:

o VA PO # ____________ (i.e., 166-E11234) o Total number of Containers: Package ___ of ___. (i.e., Package 1 of 3)

• Delivery shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

COMPLIANCE WITH GENERAL SAFETY REGULATIONS:

• All Contractors performing services for the Government shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this agreement.

COMPLIANCE WITH SECURITY REQUIREMENTS:

• The Contractor agrees that none of its officers or employees shall use or reveal any information sealed within the Medication Return Envelopes, including research, statistical, medical, or security information obtained in the envelopes without the written consent of the Contracting Officer.

• The Contractor agrees that none of its officers or employees shall use or reveal any information sealed within the Medication Return Envelopes, including research, statistical, medical, or security information obtained in the envelopes without the written consent of the Contracting Officer.

HIPAA COMPLIANCE:

• The Contractor is subject to the provisions of the Health Insurance Portability and Accountability Act (HIPAA). It is the Contractor’s responsibility to review HIPAA requirements which are available at the following address: www.ahima.org. Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

• As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA.

B.3 PRICE/COST SCHEDULE

The BPA ceiling will be $4,000,000.00.

ESTIMATED QUANTITIES: The quantities listed in the Price Schedule below are estimates only. These estimates do not create any obligation to purchase any specified amount of services under this agreement, and the Government will only be obligated to make payment for services requested and received in the quantities and the quality requested. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contact.

http://www.ahima.org/

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

600 CS

MEDICATION RECOVERY SYSTEM ENVELOPE, CASE OF

250 ENVELOPES

DISPOSAL SYSTEM,MEDICATION,PREPAID MAILER,11 X 8

INCH,SCHEDULE II -V AND NON CONTROLLED

MEDICATIONS,NON DESCRIPT PACKAGING,TRACKING

Ordering Period 1 POP Begin: 11-01-2024 POP End: 10-31-2025

20 CS

250, (SHIPMENT OUTSIDE THE US).

Ordering Period 1 POP Begin: 11-01-2024 POP End: 10-31-2025

DISPOSAL SYSTEM,MEDICATION,PREPAID MAILER,11 X 8

INCH,SCHEDULE II -V AND NON CONTROLLED

MEDICATIONS,NON DESCRIPT PACKAGING,TRACKING

Ordering Period 2 POP Begin: 11-01-2025 POP End: 10-31-2026

20 CS ___________ ______________

250, SHIPMENT OUTSIDE THE US.

Ordering Period 2 POP Begin: 11-01-2025 POP End: 10-31-2026

DISPOSAL SYSTEM,MEDICATION,PREPAID MAILER,11 X 8

INCH,SCHEDULE II -V AND NON CONTROLLED

MEDICATIONS,NON DESCRIPT PACKAGING,TRACKING

Ordering Period 3 POP Begin: 11-01-2026 POP End: 10-31-2027

20 CS _______________ _______________

250, SHIPMENT OUTSIDE THE US.

Ordering Period 3 POP Begin: 11-01-2026 POP End: 10-31-2027

600 CS ____________ ____________

250 ENVELOPES

DISPOSAL SYSTEM,MEDICATION,PREPAID MAILER,11 X 8

INCH,SCHEDULE II -V AND NON CONTROLLED

MEDICATIONS,NON DESCRIPT PACKAGING,TRACKING

Ordering Period 4 POP Begin: 11-01-2027 POP End: 10-31-2028

Ordering Period 4 POP Begin: 11-01-2027 POP End: 10-31-2028

DISPOSAL SYSTEM,MEDICATION,PREPAID MAILER,11 X 8

INCH,SCHEDULE II -V AND NON CONTROLLED

MEDICATIONS,NON DESCRIPT PACKAGING,TRACKING

Ordering Period 5 POP Begin: 11-01-2028 POP End: 10-31-2029

Ordering Period 5 POP Begin: 11-01-2028 POP End: 10-31-2029

GRAND TOTAL ______________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL MULTI-SITE DELIVERIES

MAY INCLUDE ANY VA FACILITY

SEE B.2 STATEMENT OF REQUIREMENTS

ALL PER DATE ON

DELIVERY

ORDER

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.4 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS

or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s listing in the SBA certification database.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.5 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR

COMMITMENTS-ORDERS AND BPAS (JAN 2023) (DEVIATION)

(a) The Contractor agrees, if selected on the basis of having certified service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status (see 13 CFR 128), to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis…