36C79119R0007-001.docx

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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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C79119R0007 04-25-2019 Caroline West 303-273-6226 05-13-2019 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden

CO

80401-5621 X 446110 $27.5 Million X N/A X Department of Veterans Affairs Commodities & Services Acquisition Svc 555 Corporate Circle Golden

CO

80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden

CO

80401-5621

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden

CO

80401-5621 Retail Quadrivalent Influenza Vaccination Services beneficiaries of the Department of Veterans Affairs This RFP will result in either a single award or multiple indefinite-quantity contract.

See FAR Provision 52.212-1 Instructions to Offerors inside for all items to be included with Offer.

All questions must be in writing and sent to the Contracting Officer and Contract Specialist NLT May 2, 2019.

The guaranteed minimum for this contract is $25,000.00 and the contract maximum, inclusive of all options and FAR Part 52.217-8, Option to Extend Services is $58,187,500.00 Contracting Officer contact info: James Moran3@va.gov Contract Specialist contact info: caroline.west@va.gov X X X 05-13-2019 James J. Moran Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C791 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

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

3. INVOICES: Invoices shall be submitted in arrears:

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 Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 Schedule of Services

0001 – Base period Date of Award – July 31, 2020

0001 – Option period 1

August 1, 2020 – July 31, 2021

0002– Option period 2

August 1, 2021 – July 31, 2022

0003– Option period 3

August 1, 2022 – July 31, 2023

0003– Option period 4

August 1, 2023 – July 31, 2024

FAR 52.217-8

6-month extension August 1, 2023 – July 31, 2024

The contractor shall maintain Option Year 4 prices during the additional 6-month option period should the option at FAR 52.217-8 be exercised in accordance with the terms specified in the contract.

The End B.3 Subcontracting Commitments - Monitoring and Compliance

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

36C79119R0007

Page 1 of Page 1 of B.4 Performance Work Statement Title of Project. The title of the project is Retail Pharmacy Immunization–Seasonal Influenza Services.

1.0 General Information

1.1 The Contractor shall provide all health care resources necessary to accomplish the requirements described in this Performance Work Statement (PWS).

1.2 The Contractor is expected to coordinate and provide health care resources which are in accordance with Department of Veterans Affairs (VA) standards in the PWS. The Contractor shall document all clinical findings; using VA approved formats, as specified in this PWS section 12.0 Deliverables, and shall provide completed reports to VA via VA approved procedures in section 12.0, as required for reimbursement of services. All documents of clinical findings created and in the possession of the Contractor are the property of the Contractor and not the VA. The documentation may include Personal Health Information (PHI) and/or Personal Identifiable Information (PII). The Contractor shall perform the work specified in this contract efficiently, accurately, on time, and in compliance with the requirements of this contract.

1.3 The health care services that may be ordered under this contract are for seasonal influenza vaccinations quadrivalent dose only.

1.4 The Contractor shall provide services and support, as defined herein, within the continental United States.

1.5 Contractor may collect and possess PII from veterans to whom they give the vaccinations, they are prohibited from using any of it for financial gain, i.e. direct marketing, selling the information to a third party, drug or market research.

2.0 Background

2.1 There are approximately 22 million living Veterans in the U.S. and of these, approximately 9.4 million (43%) are enrolled in VA health care system.

2.2 As of January 21, 2017 VA records show over 1.56 million doses of flu vaccinations have been administered to outpatients; VA identified 3,285/26,476 (12.4%) patients with lab-confirmed flu; and 756 VA patients had influenza-coded hospitalizations.

2.3 VA, for the past few influenza seasons, has partnered with Retail pharmacies to provide convenient vaccines at retail providers combined with Veteran Lifetime Electronic Record (VLER) health records to increase access to influenza vaccinations and improve overall immunization rates for Veterans. Specifically, VA is working to provide a more accurate real-time view of Veteran immunizations with the objective of early identification of high-risk Veterans who have not received a flu shot.

2.4 VA is proceeding with the Retail Pharmacy program to acquire influenza vaccinations for any VHA registered Veteran regardless of 3rd party insurance coverage for the 2019 - 2024 flu seasons. An additional purpose of the contract will be to further understand Veteran demand for retail immunizations and to address operational and financial requirements for future immunization acquisitions.

3.0 RETAIL INFLUENZA IMMUNIZATION NETWORK

3.1 Network Access: The Contractor shall provide a high-quality network of retail locations across the continental United States in accordance with CMS Medicare retail network standards.

3.2 The Contractor shall provide services for both walk-in or scheduled appointments to VA Enrolled Veterans with a valid VA ID card and a valid U.S. federal or state-issued photo ID. Only Veterans with a Veteran ID card should be serviced, each individual Veteran must display their Veteran Identification Card (VIC) to receive an influenza vaccination. Veteran spouses and children are not eligible for the “no cost” vaccinations unless they themselves are Veterans, and as such, must present their own individual Veteran ID card in order to receive vaccination.

3.3 Implementation Approach. The Contractor shall provide immunization services beginning on the effective date of the contract award, August 1, 2019.

3.4 Advertising of the Retail Pharmacy Influenza Program: The contractor will be responsible for advertising and communication of the Retail Pharmacy Influenza program to their customers for the Veteran campaign for no cost flu shots at the contractor’s locations. The contractor’s advertising program shall be approved by the Contracting Officer prior to its execution.

3.5 Network Provider Orientation Program and Training Regarding Veteran’s Care. During the initial startup period 15 days after award, the Contractor shall partner with VA to jointly develop orientation processes and materials related to contract performance. The Contractor shall be responsible for providing training and education to their providers on business processes as related to contract standards and performance metrics. VA will provide the Contractor with VA related information as is reasonably practicable.

3.5.1 The Contractor shall provide training to all appropriate Contractor staff, including pharmacists/providers and technicians, correct data entry, processing and submission of Veteran immunization data from the Contractor health record system to VA via the VLER eHealth Exchange Gateway.

3.5.2 The Contractor shall provide continuous communication on all aspects related to this program, including but not limited to proper coding, billing, marketing, identification procedures, start and stop dates, and types of vaccines to offer.

3.6 Retail pharmacists/staff must only offer the quadrivalent vaccine at no cost to Veterans under this contract. The retail pharmacist/staff must notify the Veteran why the trivalent or high dose vaccinations are not available and if the Veteran insists an alternative vaccination at no cost, they shall refer the Veteran to the nearest VA Medical Center (VAMC), Community Based Outpatient Clinic (CBOC) or VA facility. The pharmacist/staff must notify if the Veteran does not want to visit the nearest VAMC, CBOC or VA facility then they may receive the requested vaccination with a cost incurred by the Veteran’s other health insurance (OHI) or Medicare.

3.7 Certified eHealth Exchange Gateway: The Contractor shall maintain a certified eHealth Exchange gateway for the transmission of Veteran immunization data to VA.

3.8 ChangeHealth connection services: The Contractor shall maintain a certified ChangeHealth connection for the transmission of upfront eligibility confirmation. This will reduce the risk of Non-verified, ineligible Veterans receiving vaccinations which will result in non-payment/reimbursement. When available, it will become an authorized method of data transmission as applicable.

3.9 Certification, Privileging, and Licensing of Facilities and Pharmacists/Providers

3.9.1 General Requirements

3.9.2 All services, facilities, and providers shall follow all applicable federal and state regulatory requirements. Any provider on the Centers for Medicare and Medicaid Services (CMS) exclusionary list shall be prohibited from network participation. See http://oig.hhs.gov/exclusions/index.asp for further detail.

3.9.3 Contractor shall furnish influenza vaccine services and/or goods that conform to the requirements for such services and/or goods as set forth by applicable state and federal regulations; to furnish only those services and goods that qualify as medically necessary under applicable state and federal regulations; and to furnish services and/or goods that conform to the professionally recognized standards of health care for the applicable provider type and/or specialty type, or, if appropriate, that conform to the generally accepted federal and state regulations.

3.9.4 Certification. The Contractor shall meet all Medicare Conditions of Participation (CoP) and Conditions for Coverage (CFC) (where such conditions exist subject to CMS modification) as required by the U.S. Department of Health and Human Services (HHS). These conditions may be met through CMS certification by organizations deemed by CMS to meet or exceed the CMS Medicare standards set forth in the CoP/CfC. Additional requirements for specific types of providers and clinicians are contained in other sections of this PWS.

3.9.5 Privileging. The Contractor shall ensure that every procedure or aspect of clinical care shall be performed by providers with demonstrated current competence, either through current unrestricted privileges to provide the care as required by Medicare CoP and CFC or other measures of demonstrated competency. The Contractor shall make available all evidence of current certification and competency upon written request by the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

3.9.6 Licensing. All pharmacists/providers shall have a full, current, unrestricted license in the state where the services are delivered.

3.9.7 Contractor Requirements for Maintaining Information Related to Certification, Privileging, and Licensing for providers performing services under this Contract. VA reserves the right to perform random inspections of the vaccine administration records, certifications, and prescription records. The Contractor shall maintain documentation of all as applicable certification, privileging, and for any provider within the Contractor’s network for performance of this contract.

3.9.8 The Contractor shall report in writing, no later than 15 days after the Contractor is notified, to the COR, the loss of or other adverse impact to a network provider’s certification, privileging, or licensing if such loss or adverse impact affects Contractor’s ability to provide services. The report shall contain information detailing the reasons for and circumstances related to the loss or adverse impact and shall be sent to and COR using contact information provided post-award. The Contractor shall immediately cease to use the specific immunization provider until such time circumstances contributing to the event or loss has been resolved. Contractor will only re-list a provider or facility if such provider or facility can comply with the terms of this agreement. The Contractor shall act to coordinate transfers or other care transitions for Veterans under the care of the de-listed provider/facility, subject to the approval of the COR, as necessary to provide services to patients.

3.10 The Contractor shall maintain a list of locations providing influenza vaccinations on a public available website. The information on the website shall include at a minimum, address, phone number and hours of operation.

3.11 Veteran Safety. Contractor shall report to the COR via secure means within 24 hours of discovery of all Veteran safety events that are sentinel events, adverse events (including adverse drug events), or intentionally unsafe acts. In emergent situations, the veteran must be immediately referred to the closest medical facility able to handle the level of care required. The VA must be notified within 24 hours. Adverse events involving the administration of drugs shall be reported to the CO and COR using FDA Form 3500, or a copy of the completed form submitted to FDA online shall also be submitted to VA. The FDA reporting form can be found at http://www.fda.gov/Safety/MedWatch/HowToReport/default.htm. All reported Veteran safety events shall be investigated, confirmed, and resolved by the Contractor. A summary of findings and conclusions shall be included in the:

3.12 Veteran Access. The contractor shall be authorized to provide approved services in accordance with Schedule of Services for enrolled Veterans with a valid VA ID card and a valid U.S. federal or state-issued photo ID.

4.0 Return of Medical Documentation.

Medical documentation recording the immunization shall be submitted to VA using , Consolidated CDA (Meaningful Use, Stage 3 – 2015 edition Standard – US Realm Version 2.1) and associated Companion Guides, Consolidated CDA (Meaningful Use, Stage 2 – 2014 edition Standard – US Realm Version 1.1) and associated Companion Guides or C32/CCD, version 2.5 (Meaningful Use, Stage 1 2011 edition Standard)document (preferred is C-CDA CCD r2.1) specification via the approved SequiaProject.org specifications for document submission (“push”). Electronic documentation shall be submitted within 3 business days of the administration of an immunization vaccination. VA will consider exceptions for highly unusual circumstances. Contractors shall not bill VA until they have submitted medical documentation. This process used to determine exceptional and unusual circumstances by the contractor will be audited on a regular basis to determine validity.

4.1 At a minimum, the following data elements shall be provided within the document:

Transaction ID Patient First Name Patient Last Name Patient Gender Patient Date of Birth Patient Address (if applicable) Patient Phone Number (if applicable) Patient SSN (if available) Vaccine Name CVX code Date of administration Contractors Facility Name and NPI of administering pharmacists/providers Administered Amount (unit dose) Route Code Body Site Vaccine Manufacturer Lot Number Expiration date

5.0 Technical IT Specifications. Required capabilities:

1. Utilize ChangeHealth for upfront eligibility verification.

2. ChangeHealth, provides a Processor ID Number (BIN) / Processor Control Number (PCN) to Retail Pharmacy for the VA claims – claims processing will “appear” to the pharmacy as any other 3rd party processing does.

3. Retail Pharmacy submits a National Council for Prescription Drug Programs NCPDP D.0 transaction to the BIN/PCN. ChangeHealth will perform all the following within the 15 second NCPDP window and essentially “mock adjudicate” the claim.

4. A 270 transaction will be triggered to the VA; ChangeHealth will retrieve the 271 transactions and interpret the patient eligibility information.

5. If the patient is not eligible for the service type code in the request, ChangeHealth, will return a REJECTED RESPONSE to the pharmacy in real time and the patient will not be serviced.

6. If the patient is eligible for the service type code, the transaction will continue to process.

7. Retail Pharmacy will supply ChangeHealth with a list of covered CPT codes and contract rates ahead of time. Within the NCPDP transaction, ChangeHealth will verify if the NDC is being submitted links to one of the covered CPTs.

8. If the Current Procedural Terminology CPT is not eligible, ChangeHealth will return REJECTED RESPONSE to the pharmacy in real time and the patient will not be serviced.

9. If the CPT is eligible, the transaction will continue to process.

10. Retail Pharmacy has the option, if needed, to enable additional real-time edits, which would check for things like allow only X number of CPT within Y number of days; only allow CPT if patient’s age is between X-Y; Member ID format requirements; Group ID requirements; Store inclusion/exclusion in program, etc.

11. If Retail Pharmacy enables any of the above edits and the pre-determined criteria is not satisfied, ChangeHealth will return a REJECTED RESPONSE to the pharmacy in real time and the patient will not be serviced.

12. If Retail Pharmacy enables any of the above edits and the pre-determined criteria is satisfied, the transaction will continue to process.

13. Encrypted email service compliant with VHA security standards to share PHI and PII information with the PM when sending monthly report of vaccinated Veterans.

6.0 VLER eHealth Exchange with PUSH

6.1 In supporting retail immunization with the VA for flu seasons 2019-2024, the Contractor must also be able to successfully test and utilize the 2011 specifications.

6.2 Document Submission Production Specification v2.0 and the 2011 minimum specifications noted below.

6.3 The minimum 2011 specifications (http://sequoiaproject.org/resources/exchange-specifications/) to become an eHealth Exchange participant are:

Messaging Platform Production Specification v3.0 Patient Discovery Production Specification v2.0 Query for Documents Production Specification v3.0 Retrieve Documents Production Specification v3.0 Authorization Framework Production Specification v3.0

7.0 Quality, Safety Reporting and Performance Metrics

The Contractor shall establish and implement a Quality Assurance Plan (QAP) which monitors, evaluates, and appropriately addresses its quality assurance, performance measurement, and other quality and safety-related issues. An existing corporate clinical QAP which meets the above areas is acceptable. The plan shall follow all relevant Federal or State laws and regulations. The Contractor shall submit a copy of its plan to the COR for approval before commencement of contract performance. VA may perform random onsite visits to provider locations through coordination with the Contractor to inspect physical operations and/or review immunization administration records only as related to VA Veterans, speak with Veterans, review quality and completeness of certification and licensing documentation.

8.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS/BILLING

The process for submission of invoices is as follows:

Contractor delivers monthly list of Veteran immunizations (spreadsheet) securely through VHA approved encrypted email to the COR.

The Program Office will run the Veteran immunizations spreadsheet against the Master Veterans Index to confirm authorized (VAMC enrolled) Veterans who received flu immunizations.

The Program Office sends a Validated Veteran list securely via a VA approved system back to Contractor and the COR using the VA approved method (SAFE or other VA approved encrypted option). Data maybe de-identified when sent back to the retail pharmacy as necessary to preserve PHI/PII within HIPAA requirements.

Contractor uploads their invoice without the patient personally identifiable (PII) information into OB10 where it will be processed by FMS and then sent to the certifying official (COR) through IPPS (formerly OLCS). The COR approves the invoice for authorized Veterans validated by the Program Office.

The Contractor shall not bill both VA and the patient 3rd party insurance, nor Medicare for services delivered.

The Contractor shall ensure that the Veteran is not billed by the Contractor or any Contractor provider where VA has authorized care under this contract.

Contractor delivers monthly list of Veteran immunizations (spreadsheet) securely through VHA approved encrypted email to the COR in Government format. All immunization date entries on the spreadsheet shall not be more than 180 days from the date of submission.

9.0 Rejected invoices. Invoices considered incomplete that require additional information for processing shall be rejected for correction and re-submission. Reasons for return may include but are not limited to: missing VA required data, the need for additional supporting documentation, or correction and explanation of coding discrepancies on the claims. Invoices may require specific medical documentation prior to processing.

10.0 Denied Invoices/Resubmissions. Resubmission for reconsideration of payment must be done within 12 months from date of denial.

11.0 Authorized VA Flu Shot Centers.

Flu vaccinations shall be available nationwide at all Contractor retail locations. In addition to administering immunizations at contractor retail centers, the contractor may provide vaccination to Veterans at special outreach events, the purpose of which is to promote influenza vaccination and prevention.

The Contractor shall be authorized to display signage or communicate marketing messages with the expression “Authorized VA Flu Shot Centers” during the term of this contract. Other public messaging shall not be in violation of VAAR 852.203-70.

12.0 DELIVERABLES

Monthly Report (Deliverable 1). Vaccines adverse drug events need to be reported to FDA’s VAERS. https://vaers.hhs.gov/index;

Once the COR receives a copy of the VAERS report, the COR will be responsible for reporting the vaccine adverse drug reaction into the VA Adverse Drug Event Reporting System (VA ADERS) in accordance with VHA Directive 1070.

Contractor must be prepared to comply with requests for information, including those originating from Congress, using company letterhead, complete sentences, and professional English. Contractor shall comply with the requests of Government and independent auditors during audits of this contract and all associated contract documentation, including but not limited to invoices and medical records. If VA requires information outside the schedule, reports regular deliverables the contractor shall deliver the information requested (up to date) upon request without a fee and with minimal lead time. For example, the information requested may be from congressional inquiries or leadership requests.

12.1 Delivery Address. All deliverables shall be submitted to the COR designated in the COR appointment letter.

12.2 Method of Delivery. Electronic copies shall be delivered using the Microsoft Office suite (for example, MS WORD, MS EXCEL, MS POWERPOINT, MS PROJECT, or MS ACCESS format), unless otherwise specified by the COR. Electronic submission shall be made via secure e-mail, unless otherwise agreed to in writing by the COR.

12.3 Electronic Signatures. Paper documentation shall be authenticated prior to document imaging (scanning). An electronic signature is considered authenticated and does not need to be handwritten. The document shall clearly indicate that this is an electronic signature and not a typed signature block, such as transcription typing a physician’s name at the bottom of a discharge summary. Reference: VHA Handbook 1907.01 found at http://vaww1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1469.

12.4 Government Acceptance Period

The COR will have five business days after receipt to review draft deliverables, notate deficiencies or make other comments. The Contractor shall have two business days after receipt to make corrections. Upon receipt of the final deliverables, the COR will have two business days after receipt for final review prior to acceptance or providing documented reasons for rejection for failure to comply with Contract requirements.

In the event of a rejected deliverable, the Contractor shall be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have five business days to correct the rejected deliverable and return it per delivery instructions.

12.5 Reports

The contractor shall provide to the COR a weekly status report of immunization quantities administered for the previous week in Government format. The report should provide at a minimum total number of vaccinations issued weekly and at each of the following levels: store level, Regional area levels, state level, and continuous monthly level. As well as report the number of veterans who visit a contractor retail location and did not receive a vaccination because they demand the High Dose or Quadrivalent versions or went to the referred nearest VHA facility.

Deliverable Schedule The Contractor shall provide access to program data related to the Contractor’s management activities to include monthly, quarterly, and ad hoc reports for key deliverables referenced in the Deliverable table below.

The Contractor shall deliver the following deliverables to the COR within the timelines specified:

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SECTION C - CONTRACT CLAUSES

C.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause)

C.2 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

(a) Definitions. As used in this clause— "Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause) C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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…