36E79722R0042.docx

36E79722R0024

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

36E79722R0042 10-1 -2022 Youlanda Duggar / Youlanda.Duggar@va.gov 708-786-4943 10-2 -2022

2:30PM

CT

Department of Veterans Affairs OPAL / National Acquisition Center Building 37, NCS (003B6C3) 1st Avenue, One Block North of Cermak Hines IL 60141 X Y 325412 1250 Employees N/A N/A X See Scope of Contract, Section 2.1 Complete Delivery address to be shown on Delivery Orders

Department of Veterans Affairs OPAL / National Acquisition Center Building 37, NCS (003B6C3) 1st Avenue, One Block North of Cermak Hines IL 60141

Complete payment address will be shown o n Orders issued under this contract

See CONTINUATION Page 2023 - 2024 Influenza Virus Vaccine See Schedule of Supplies and Continuation of SF1449 See CONTINUATION Page X X 1 scan

Continuation of SF-1449, Block 3:

The following information shall be entered by the Contracting Officer at the time of contract award according to the timeframes specified in this solicitation’s Section B, Scope of Contract, Section 1.4 Contract Duration.

Contract Award/Effective Date: ___________________

Implementation Period: __________________________

Period of Performance: __________________________

Offerors shall not enter information into the above fields.

All offered pharmaceuticals must be Food and Drug Administration (FDA) approved. FDA’s approval must be verifiable by the Contracting Officer as soon as FDA’s review is complete for the 2023/2024 season, which may be after the time for receipt of offers.

Item No.

Schedule of Supplies

Quantity

Unit

Unit Price

Amount

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Influenza Virus Vaccine: 10 dose multiple dose vial, or 10- 0.5ml Vials, Quadrivalent; 2023-2024 influenza Season; for persons over 18 years old- Latex Free

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to VA healthcare facilities and State Veteran Homes (Option 2) as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

Influenza Virus Vaccine: Pre-filled single dose Syringes w/plunger and luer lock needle attachment Quadrivalent; 2023-2024 Influenza season; for persons 18 years and older.

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to VA healthcare facilities and State Veteran Homes (Option 2) as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Latex Free: ______Yes _____No

Influenza Virus Vaccine; Pre-filled single dose syringe with plunger and luer lock attachment, Trivalent or Quadrivalent; 2023-2024 influenza season; Must be specifically designed for persons 65 years and older as outlined by the CDC* TABLE. Influenza vaccines — United States, 2022–23 influenza season* | CDC NOTE: Pre-filled single dose syringe with any type of needle attached is not acceptable.

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to VA healthcare facilities and State Veteran Homes (Option 2) as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine: 10 dose multiple dose vial, or 10- 0.5ml Vials, Quadrivalent; 2023-2024 influenza Season; for persons over 18 years old- Latex Free

2023 Provisional Federal Ceiling Price

Delivery: Delivery will be made to Bureau of Prisons (BOP) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

Influenza Virus Vaccine: Pre-filled single dose Syringes w/plunger and luer lock needle attachment Quadrivalent; 2023-2024 Influenza season; for persons 18 years and older

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to Bureau of Prisons (BOP) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine; Pre-filled single dose syringe with plunger and luer lock attachment, Trivalent or Quadrivalent; 2023-2024 influenza season; Must be specifically designed for persons 65 years and older as outlined by the CDC*

NOTE: Pre-filled single dose syringe with any type of needle attached is not acceptable.

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to Bureau of Prisons (BOP) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine: 10 dose multiple dose vial, or 10- 0.5ml Vials, Quadrivalent; 2023-2024 influenza Season; for persons over 18 years old- Latex Free

2023 Provisional Federal Ceiling Price

Delivery: Delivery will be made to Indian Healthcare Services (IHS) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

Influenza Virus Vaccine: Pre-filled single dose Syringes w/plunger and luer lock needle attachment Quadrivalent; 2023-2024 Influenza season; for persons 18 years and older.

2023 Provisional Federal Ceiling Price

Delivery: Delivery will be made to Indian Healthcare Services (IHS) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine; Pre-filled single dose syringe with plunger and luer lock attachment, Trivalent or Quadrivalent; 2023-2024 influenza season; Must be specifically designed for persons 65 years and older as outlined by the CDC*

NOTE: Pre-filled single dose syringe with any type of needle attached is not acceptable.

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to Indian Healthcare Services (IHS) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine; Pre-filled single dose syringe with plunger and luer lock attachment, Quadrivalent; 2023-2024 influenza season. Must be split virus vaccine (subvirion or purified surface antigen) that has been FDA approved and labeled with indications for administration to children 6 months - 35 months of age (pediatric), preservative free.

NOTE: Pre-filled single dose syringe with any type of needle attachment is not acceptable.

NDC __________________________________

2023 Provisional Federal Ceiling Price Delivery: Delivery will be made to Indian Healthcare Services (IHS) facilities as follows: The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. (See CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES, Paragraph 2 for further delivery instructions).

For Informational Purposes Only:

Influenza Virus Vaccine: Pre-filled single dose Syringes w/plunger and luer lock needle attachment Quadrivalent; 2023-2024 Influenza season; for persons 18 years and older.

NOTE: Pre-filled single dose syringe with any type of needle attached is not acceptable.

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery Locations:

Federal Healthcare Center Delivery: FHCC will have one delivery that shall be made between August 15, 2023 and September 15, 2023.

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

Influenza Virus Vaccine; Pre-filled single dose syringe with plunger and luer lock attachment, Trivalent or Quadrivalent; 2023-2024 influenza season; Must be specifically designed for persons 65 years and older as outlined by the CDC*

NOTE: Pre-filled single dose syringe with any type of needle attached is not acceptable.

NDC _________________________________

2023 Provisional Federal Ceiling Price Delivery Locations:

Federal Healthcare Center Delivery: FHCC will have one delivery that shall be made between August 15, 2023 and September 15, 2023.

For Informational Purposes Only:

Preservative Free: _____Yes _____ No If not preservative free, please disclose in a separate document the concentration of each preservative and package insert if available.

15,000 (estimated)

160,000 (estimated)

120,000

2,995

6,826

8,824 (estimate)

31,339

10,000

1,068

5,750 (Fixed Quantity)

(Fixed Quantity)

Multiple-Dose Vial (10 doses per vial)

Box (10 syringes per box)

Box (10 syringes per box)

(inclusive of Federal Excise Tax and the Cost Recovery Fee)

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES

Evaluation and award will be made by solicitation line item. Offerors are not required to submit an offer for every line item; however, the offeror must offer the full quantity for each line item offered. Please note that the final offered price must include the Cost Recovery Fee and Federal Excise Tax (FET). The Cost Recovery Fee (0.5% of offered price) is calculated before FET is added. Offeror(s) shall propose a price, not to exceed two decimal places, for every offered line item. Awarded prices shall be in effect for the duration of the contract. Offerors shall provide an NDC number unique to the manufacturer for each item proposed by the solicitation prior to award. “Manufacturer” is defined as the entity that holds the biological license to cultivate, purify, and formulate the vaccine in accordance with FDA manufacturing standards. Offers that fail to provide this information by the solicitation closing date may be rejected and receive no further consideration.

Proposals will be accepted in Microsoft Word or PDF form via e-mail to Youlanda Duggar at Youlanda.Duggar@va.gov with a scanned (pdf) copy of the signed SF1449. Please note that faxed, mailed, or hand-delivered proposals are not acceptable and will be rejected. Reference FAR 52.212-1(f) regarding timeliness of submission of offers.

ITEMS 1 through 10 WILL BE AWARDED UNDER FIRM-FIXED PRICE INDEFINITE DELIVERY, REQUIREMENTS TYPE CONTRACT(S).

(Please refer to FAR clauses 52.216-21 Requirements, 52.216-18 Ordering, 52.216-19 Order Limitations and 52.247-34 FOB Destination)

1. Contractor(s) shall accept all Department of Veterans Affairs (VA), State Veteran Homes Option 2 (SVH2), Bureau of Prisons (BOP), and Indian Health Service (IHS) orders for line items 1 through 10 from date of contract award through April 15, 2023 unless a later ordering deadline is offered in the contractor’s proposal and is mutually agreed upon between the contractor and the Government. The contractor may, but is not required, to accept orders placed under this contract by VA, SVH2, BOP, and IHS facilities after the specified ordering deadline of April 15, 2023, through the contract expiration date of March 14, 2024. All vaccines will have an expiration date no earlier than May 30, 2024.

2. Orders will be placed by and delivered to VA, SVH2, BOP, and IHS facilities throughout the United States, the Philippines, and Puerto Rico. Delivery will be required to be made to VA, SVH2, IHS, and BOP in two shipments, unless the ordering facility requests that all items are delivered in a single shipment. The first shipment of product ordered must be at least 50% of each individual facility’s ordered quantity and must be delivered between August 15, 2023 and September 15, 2023. The second shipment must be for the remaining individual facility’s entire ordered quantity and must be delivered between September 16, 2023 and October 15, 2023. After award of contract, the awardee must abide to the established delivery schedule.

NOTE: Contractor(s) will be required to send confirmation of each order placed by VA, SVH2, BOP, and IHS facilities by either email, facsimile, or on-line ordering confirmation within two business days after receipt of order to each individual ordering facility.

ITEMS 11 through 12 WILL BE AWARDED UNDER FIRM-FIXED-PRICE, DEFINITE QUANTITY TYPE CONTRACT(S).

(Please refer to FAR clause 52.247-34 FOB Destination)

1. The delivery orders for these definite quantities will be issued at the time of award by Captain James A. Lovell Federal Healthcare Center (FHCC). The awarded quantities shall be delivered to the FHCC location specified in the schedule of supplies/services in a single delivery between August 15, 2023 and September 15, 2023. All vaccines will have an expiration date no earlier than May 30, 2024.

2. 100% of the awarded quantities shall be delivered to Captain James A. Lovell Federal Healthcare Center (FHCC) between August 15, 2023 and September 15, 2023.

The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of FedBizOPPS (FBO), Central Contractor Registry (CCR), Online Representation and Certifications Application (ORCA), and Excluded Parties List System (EPLS). Contractors should now go to http://www.sam.gov to find their information. Training tools are available on the SAM website for familiarization with the SAM system. Prospective contractors shall maintain a current and accurate record in the SAM database. SAM updates are required, as necessary, but at least annually.

Subcontracting Plan Requirements: Pursuant to the requirements of 15 U.S.C. § 644, all large business concerns are required to have an approved subcontracting plan for contracts valued over $750,000 before the Government can award a contract (see FAR 52.219-9 for details). Offerors must submit a currently approved commercial plan or a new plan for review and approval. Attachment “B” includes all of the elements required to be addressed and is included to facilitate the submission of a subcontracting plan.

SCOPE OF CONTRACT

1. INTRODUCTION

1.1 Background. Influenza Vaccine is procured annually as the prices and production are volatile from year to year. Twice annually, the World Health Organization analyzes the global data on circulating influenza strains and issues recommendations on the formulation of the influenza vaccine for the following influenza season. The VA, BOP, IHS, SVH2 and FHCC will acquire their influenza vaccine requirements directly from contractor(s) awarded a contract resulting from this solicitation. Contract(s) resulting from this solicitation will establish the Federal Government prices for the above-referenced agencies for the products listed in the schedule of supplies that will be distributed by the awarded contract sources. The successful contractor shall be required to be compliant with all appropriate requirements as implemented in Drug Supply Chain Security Act (DSCSA).

1.2 Purpose and Objectives. The purpose of this solicitation is to establish sources of supply that will provide the products listed in the schedule of supplies for purchase directly from the awarded contractor(s) (“Contractor”). The objective of such a contract(s) is to ensure availability and distribution of the 2023-2024 flu vaccines to all participants identified, within the specified delivery time frame, and at committed use prices.

1.3 Government Purchase Compliance. Individual VA, SVH2, BOP, and IHS facilities will purchase their requirements by placing orders for the products listed in the schedule directly from the awarded contractor(s) except for: (1) influenza vaccines provided to VA patients through Walgreens or (2) influenza vaccines provided to VA patients through the VA Community Care Network. In the event that exceptions 1 or 2 apply, these instances will be considered exceptions to section C.5 – 52.216-21, Requirements.

FHCC will issue delivery orders for the definite quantities listed in the schedule of supplies at the time of award. Products awarded under this contract are for use by the Government agencies listed in the Schedule of Supplies and shall not be subject to resale for commercial purposes.

1.4 Contract Duration. The contract(s) resulting from this solicitation will be in effect from the date of contract award through March 14, 2024. Refer to the CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES section above for deadlines for the placement of orders and for product delivery.

The contract will be effective on the date the Contracting Officer signs the SF-1449 and notifies the offeror (contractor) of award.

The Implementation Period is the timeframe beginning on the Contract Effective Date and ending at the start of the Period of Performance. During the Implementation Period, no products shall be provided by the contractor to the Government. Commencing on the Contracting Effective Date and throughout the Implementation period, the contractor shall undertake preparations for successful order receipt and delivery of product to the Government.

The Period of Performance begins at the expiration of the Implementation Period. The Period of Performance will be in effect for the period of (1) year. During this period, delivery of product can begin, in accordance with the timeframes specifies in the CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES.

2. EXTENT OF OBLIGATION

2.1 Government Participants. The Contractor(s) shall deliver the products specified in the schedule at the prices awarded herein to the facilities authorized to place orders below:

a. All VA facilities, including Consolidated Mail Order Pharmacies, and Emergency Pharmacy Service (Line items 1-3; orders will be placed directly by the individual facilities at time of award through contract ordering deadline).

VA Facilities Authorized to Place Orders for Contract Items 1 through 3 can be accessed at https://www.va.gov/directory/guide/rpt_fac_list.cfm

b. All BOP facilities (Line items 4-6; orders will be placed directly by the individual facilities at time of award through contract ordering deadline).

BOP Facilities Authorized to Place Orders for Contract Items 4 through 6 can be accessed at www.bop.gov/DataSource/execute/dsFacilityLoc

c. IHS National Supply Service Center in Oklahoma City, OK and Indian Medical Center in Phoenix, AZ (Line items 7-10; orders will be placed directly by the individual facilities at time of award through contract ordering deadline)

d. Option 1 State Veterans Homes are not eligible for national contract prices awarded under this solicitation unless it is specifically named in the scope of contract or added after award by mutual agreement.

e. Option 2 State Veterans Homes (SVH2) - The VA Medical Center (VAMC) authorizes the SVH2 to place orders, and the VAMC makes payment for all products ordered by the SVH2. (Line items 1-3; orders will be placed by individual SVHs at time of award through contract ordering deadline).

f. FHCC - Delivery to: 510 B. Street Building 81H, Great Lakes, IL (Line items 11- 12; orders will be issued for these definite quantities and provided at the time of award).

2.2 Quantities. The estimated quantities listed in the solicitation for items 1-10 reflect the estimated usage of VA (including SVH2), BOP, and IHS facilities. There is no expressed or implied guarantee that the estimated quantities will be purchased under these contract(s). Actual quantities purchased may exceed or be less than those represented. Orders that specify the exact quantities and delivery locations will be placed by individual VA, SVH2, BOP, and IHS facilities by the ordering deadline specified in the contract. The Contractor must accept all delivery orders from VA, SVH2, BOP, and IHS facilities that are received by the ordering deadline for quantities that are within the limitations specified in clause 52.216-19, Order Limitations. See also 52.216-18, Ordering and 52.216-21, Requirements.

The quantities listed in the solicitation for items 11-12 reflect the actual quantities that will be ordered by issuance of delivery orders placed against resultant contract(s) at the time of award.

3. REPORTING REQUIREMENTS:

3.1 Report of Orders Received (applicable to line items 1 through 10). Starting March 1, 2023, the awarded contractor(s) shall furnish a separate report in an Excel spreadsheet via email per agency of orders received to date for VA, SVH2, BOP, and IHS facilities. An updated version of the report shall be furnished every two weeks until the ordering deadline (April 15, 2023, unless a later ordering deadline is offered in the contractor’s proposal and is mutually agreed upon between the contractor and the Government). Should any orders be received after the ordering deadline, an updated version of the report shall be furnished. The report shall include at a minimum, divided by column or row: agency, facility account number, facility name and address and provide the NDC number and quantity ordered by each facility under the resultant contract(s). For line items 1 through 3 (VA), the report shall include the VA VISN, and VA Facility Station Numbers as provided in the influenza vaccine ordering procedures (See paragraph 3.4 for details; the VA facility station numbers can be accessed at https://www.va.gov/directory/guide/rpt_fac_list.cfm). This report shall be sent to the Contracting Officer, at the following e-mail address: Youlanda.Duggar@va.gov or to another Contracting Officer if designated by VA.

3.2 Report of Scheduled Deliveries (applicable to all line items). The awarded contractor(s) shall furnish to the Contracting Officer, a report in an Excel spreadsheet via email that separately identifies the orders for each entity of all expected vaccine deliveries to VA, SVH2, BOP, IHS, and FHCC facilities no later than five business days before each actual delivery. These reports shall include at a minimum, divided by column or row: agency, facility account number, facility name, address, NDC number, shipment dates and approximate quantities. For items 1 through 3 (VA), this report shall include the VA VISN, and VA Facility Station Numbers as provided in the influenza vaccine ordering procedures (See paragraph 3.4 and attached Excel spreadsheet for VA Facility Station Numbers). This report shall be sent to the Contracting Officer, at the following e-mail address: Youlanda.Duggar@va.gov or to another Contracting Officer, if designated by VA. Once the Contractor has provided the Contracting Officer with a shipping schedule, any deviations to that schedule must be reported to the Contracting Officer immediately, and in writing, as any deviations will have a significant impact on scheduled VA and Other Government Agencies (OGA) flu clinics. Please note that no deliveries shall be made on weekends or Federal holidays.

3.3 Report of Actual Deliveries (applicable to all line items). The awarded contractor(s) shall furnish a weekly delivery report in an Excel spreadsheet separated by VA, SVH2, BOP, IHS, and FHCC facilities to the Contracting Officer via email for all shipments made. These reports shall be provided upon initial shipment and continue on a weekly basis until all vaccines are delivered. These reports shall include at a minimum, divided by column or row: agency, facility account number, facility name, shipping address, and provide the NDC number, quantity shipped, and tracking number for each shipment. For line items 1 through 3 (VA), these reports shall include VA VISN and VA Facility Station Number as indicated in the influenza vaccine ordering procedures (Please see paragraph 3.4). This report shall be sent to the Contracting Officer, at the following e-mail address: Youlanda.Duggar@va.gov or to another Contracting Officer, if designated by VA.

3.4 Ordering Information (applicable to line items 1-10). The awarded contractor(s) shall provide proposed ordering information procedures with their proposal, to allow individual facilities to place their orders. Finalized ordering information procedures must be provided to Youlanda.Duggar@va.gov or to another Contracting Officer, if designated by VA, within three (3) business days after award via email. Orders may be accomplished through on-line ordering, email, or by facsimile. Ordering information shall include at a minimum: contract number, contract price, NDC number, product description, quantity ordered, and customer ship to and billing information. The ordering procedures must also include a field for customer information, including facility station number (see attached Excel spreadsheet for VA Facility Station Numbers). Please note that contractor(s) are required to provide order confirmation to the ordering facility for each order placed by either email, facsimile or on-line confirmation within two (2) business days after receipt of order.

3.5 Delivery Information (applicable to all line items). The awarded contractor(s) shall provide delivery confirmation to the ordering facility for each order placed by either email, facsimile or on-line confirmation within three (3) business days prior to scheduled delivery to allow individual facilities to coordinate receipt of product. No delivery shall be made prior to 8:00am and no later than 2:00pm (local time). No deliveries shall be made on weekends or Federal Holidays. The Influenza Vaccine must be refrigerated in accordance with FDA guidelines/approval, to maintain efficacy. Packaging on deliveries shall clearly indicate “refrigerated product.”

4. PACKAGING REQUIREMENTS

Offerors must state the exact name of the drug being supplied as it will appear on the label. Offerors shall also provide a unique 11-digit NDC number for all items offered; the NDC number must be specific to the manufacturer and to the drug being supplied.

5. BAR CODING

All pharmaceutical products provided under this contract shall include bar code labeling at the unit-of-use package level. The bar code labeling must be in a linear format that conforms to all GS1-128 (formerly EAN.UCC) or Health Industry Business Communication Council (HIBCC) Health Industry Bar Code (HIBC) supplier labeling standards. The bar code symbology must comply with all GSI or HIBCC HIBC parameters including, but not limited to: symbology type or encoded pattern, bar and space dimensions and tolerances, and allowable ratio of wide to narrow elements.

The bar code may be any linear bar code symbology such as GS1-128 (formerly EAN.UCC), GS1 DataBar (formerly RSS), or Universal Product Code (if the UPC contains the National Drug Code or NDC). The bar code must encode the NDC, either alone or within the GS1 data structure (Global Trade Item Number (GTIN)).

The bar code printing must be American National Standards Institute (ANSI)/International Organization for Standardization (ISO)/IEC Quality Grade C or better. Manufacturers and packagers must ensure that production runs include an initial verification check, as well as routine audits to ensure the bar code is printed clearly and consistently to meet the quality standard of Grade C or better. Contractors shall be responsible for ensuring that bar code labels meet the quality requirements specified in this paragraph prior to shipping pharmaceutical products to any Government facility under this contract.

The bar code must be on the outside container or wrapper of the medication as well as on the immediate container unless the bar code is readily visible and machine-readable through the outside container or wrapper. When the bar code is not easily machine-readable through the over wrap, the over wrap must contain the bar code.

When applicable to the symbology used, bar codes shall be surrounded by sufficient quiet zone so that the bar code can be scanned correctly. Bar code placement shall minimize curvature of the bar code. For example, bar codes should be placed in “ladder orientation” on vials or bottles to minimize curvature of the bar code. Bar code labeling shall not be placed solely on outer packaging. The Drug Supply & Security Act (DSCSA) now requires a 2-dimensional data matrix bar code (GS-1 datamatrix bar code preferred) for each product down to the lowest saleable package size; however, the FDA bar code rule for linear bar codes still applies to all packaging as stated above. A human readable number must be placed adjacent (preferably below) the encoded bar code to ensure product is usable with VA Bar Code Medication Administration (BCMA) in the event the bar code is in some way damaged.

It is recommended that bar code labeling also include the lot number and expiration date. If two separate distinctive bar codes are used, one for NDC and the other for lot number/expiration date; the lot number and expiration date bar code must not be in close proximity to the NDC barcode or in a format that may be confused with the NDC bar code. When applicable, all Healthcare Distribution Alliance (HDA) guidelines (formerly HDMA) shall be followed.

6. NATIONAL DRUG CODES

Offerors shall provide a separate and distinct eleven-digit National Drug Code (NDC) Number unique to the manufacturer (e.g., 00012-3456-78) for each line item proposed, in the space provided following each item in block 20 of the SF1449, “Schedule of Supplies and Prices,” of the solicitation. The first five numbers of the eleven-digit NDC number for each product proposed shall identify the manufacturer. Offers that fail to provide the information required by this clause by the solicitation closing date may be rejected and receive no further consideration.

7. NEW DRUG APPLICATION

All offered pharmaceuticals must be Food and Drug Administration (FDA) approved. FDA’s approval must be verifiable by the Contracting Officer as soon as FDA’s review is complete for the 2023/2024 season, which may be after the time for receipt of offers. By signing this solicitation, the offeror certifies that it will have on file (if any of the following are required by FDA for the offered drugs) an FDA-approved New Drug Application (NDA), an approved Abbreviated NDA (ANDA), or an approved Biologic License Application (BLA), as appropriate for the items offered in response to the solicitation. Failure to obtain the appropriate FDA approvals in time to meet contract delivery requirements may result in contract termination in accordance with FAR 52.212-4(m) Termination for Cause. Contractor(s) will obtain any FDA-required vaccine batch approvals prior to making any deliveries under the resultant contract.

8. INCORPORATION OF DOCUMENTS

The following documents are hereby incorporated by reference and made a part of this solicitation. The designation "United States Pharmacopeia (USP)" and "National Formulary (NF)" shall be considered interchangeable when monographs for ingredients or preparations are transferred from one official compendium to the other. For ingredients or preparations which no longer appear in the latest revision of the USP or NF, the previous volume shall apply. Ingredients or preparations for which monographs appear for the first time in the Official Compendia shall comply with the applicable monographs unless the word "modified" appears as part of the item name. The requirements that an item or ingredient comply with test standards and requirements of the USP or the NF does not delete any other applicable portions of the compendia, such as, but not limited to, General Notices. Thus, for USP/NF items, alternative test methods are permitted.

AMERICAN CHEMICAL SOCIETY (ACS), Reagent Chemicals, American Chemical Society Specifications. (Copies are available from Applies Publications, American Chemical Society, Washington, DC 20036.

U. S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, FOOD AND DRUG ADMINISTRATION (FDA). Federal Food, Drug, and Cosmetic Act and Regulations promulgated thereunder. (Copies are available from Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20204).

U. S. PHARMACOPOEIAL CONVENTION, INC. (USP/NF). Pharmacopoeia of the United States. (Copies are available from Mack Publishing Company, Easton, PA 18042).

9. COST RECOVERY FEE AND SUBMISSION OF QUARTERLY SALES REPORTS

9.1 Quarterly Sales Reports. The Contractor(s) shall report all contract sales under this contract and submit collected Cost Recovery Fees as follows:

(A) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales made under this contract by calendar quarter (January 1–March 31, April 1–June 30, July 1–September 30, and October 1–December 31). Reported sales must include all sales made to all authorized contract users, whether shipped directly to the users or through Prime Vendor contractors. The report shall reflect sales by contract line item and shall segment sales by VA and OGAs. A Cost Recovery Fee equivalent to 0.5 % of the current contract price shall be collected from all contract users. The 0.5 % Cost Recovery Fee shall be imbedded in the awarded contract prices, and offers submitted in response to this solicitation shall include the Cost Recovery Fee in every line item price offered. The reported contract sales shall include the Cost Recovery Fee and each quarterly report shall show the total cost recovery fee amount collected on the reported sales. The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor’s established commercial accounting practice.

(B) Contract sales reports are due to the VA Contracting Officer within 60 calendar days following the completion of each reporting quarter or completion of the contract, whichever occurs first. A report is required even when no billings or invoices are issued or no orders are received during the contract period.

(C) The sales report must be signed by an authorized representative of the contractor and shall be emailed to the Contracting Officer.

(D) In addition to the submission of quarterly sales reports due to the Contracting Officer within 60 days after the end of each reporting quarter, contractors shall provide copies of sales reports simultaneously with contractor’s cost recovery fee payment submissions via email to: AMMHINBOCFISCAL@VA.GOV.

9.2 Payment of Cost Recovery Fee. The 0.5% Cost Recovery Fee amount shall be paid electronically via ACH (Automated Clearing House) to the Fiscal Division. ACH credit instructions will be provided to the Contractor upon contract award. When the Contractor has multiple national contracts, the fee may be consolidated into one electronic payment. When the electronic payment is made, the contractor shall submit an email to AMMHINBOCFISCAL@VA.GOV to identify the contract number (or numbers, if the payment covered multiple contracts) included, dollar amount remitted for each contract number, and reporting quarter. The Cost Recovery Fee payment is due to the Fiscal Division at the same time the sales report is due to the Contracting Officer (i.e., within 60 calendar days following the completion of each reporting quarter or completion of the contract, whichever occurs first).

Cost Recovery Fee payments shall not be combined with any Industrial Fund Fee payments. The Contractor shall remit separately any Industrial Fund Fee payments in support of any of the Contractor’s Federal Supply Schedule contracts.

9.3 Inspection. The Government reserves the right to inspect without further notice, such records of the Contractor as pertain to sales under any contract resulting from this solicitation. Willful failure or refusal to furnish the required reports, or falsification thereof, shall constitute sufficient cause for terminating the contract under FAR 52.212-4(m), Termination for Cause.

9.4 Failure to Comply. Failure to remit the full amount of the Cost Recovery Fee within 60 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR 52.212-4(i)(6)). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the Cost Recovery Fee, the Government shall have, in addition to the rights and remedies described in this paragraph, all other rights and remedies permitted by Federal law and statutes.

10. MASTER AGREEMENTS AND PHARMACEUTICAL PRICING AGREEMENTS

In compliance with 38 U.S.C. 8126, Public Law 102-585, Section 603 - The Veterans Healthcare Act of 1992, offerors of covered drug products (including biologics) must state below whether they currently have a Master Agreement (MA) and a Pharmaceutical Pricing Agreement (PPA) in place with the Department of Veterans Affairs (VA).

_____ YES, Offeror has a MA and PPA in place with the VA _____ NO, Offeror does not have a MA and PPA in place with the VA.

If the answer to the above is "NO" and if the prospective contractor is offering covered drug products (including biologics that fall within 21 CFR 600.3), contractor must submit and execute a MA and PPA with its offer. No offer of covered drugs submitted by a manufacturer will be considered for award unless and until the manufacturer has on file with VA's National Acquisition Center an executed MA and PPA.

Offerors of influenza vaccine shall comply with Department of Veterans Affairs guidance contained in the "Dear Manufacturer letter” (DML) dated March 31, 2004 (or most current). This Federal Ceiling Price (FCP) guidance for influenza vaccine was issued pursuant to the above Public Law and shall apply to the (c.o. to fill in current dates, e.g. 2022-2023) influenza season.

Provisional FCPs under the DML must be established and known by VA prior to award, and the awarded prices shall not exceed the current Provisional FCPs for the offered products, found in the records of VA's Pharmacy Benefit Management Services (PBM) FCP Data Base.

If, after the time of award, a Provisional FCP is revised pursuant to the DML, the following requirements apply:

(1) Upon making any revision to the Provisional FCP, the contractor shall so notify the Contracting Officer in writing by no later than 10 calendar days of the revised provisional FCP filed with VA PBM.

(2) If the contract price is higher than the revised Provisional FCP, the contract price shall be reduced by unilateral modification to the revised Provisional FCP.

NOTE: VA will not require distributors of influenza vaccine who do not have an exclusive distribution agreement with a vaccine manufacturer to execute a MA and PPA, if the offered vaccine is listed on a manufacturer's PPA and has reported 2023 Provisional FCP(s). All offered vaccines must be compliant with Public Law 102-585, Section 603, the Veterans Healthcare Act of 1992, (38 U.S.C. § 8126), as explained in the March 31, 2004 Dear Manufacturer Letter. The Government will pay no more than the currently required FCP upon delivery of any vaccine product under this contract.

11. DUTY TO WARN-INFLUENZA VACCINE

11.1 VA’s Duties. The VA represents and agrees that it will: (1) take all appropriate steps to assure that all vaccines administered at various locations within the 50 states, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands, pursuant to the terms of this contract, shall be administered to each patient on the basis of an individualized medical judgment by a physician, or (2) take all appropriate steps to provide to such patient (or to the patient's parent or guardian) meaningful warning relating to the risks and benefits of vaccination, in form and language understandable to such patient, parent, or guardian.

11.2 Claims. If any claim or action is asserted against Contractor arising in whole or in part from an alleged failure by the Government to carry out its responsibilities under paragraph 11.1 above, Contractor shall promptly notify the Contracting Officer and provide copies of all pertinent documents served upon or received by Contractor. The Government shall have the option to participate in the defense of that portion of such claim or action which arises from the alleged failure of the Government to carry out its responsibilities under paragraph 11.1 above.

12. PAYMENT BY GOVERVERNMENT-WIDE COMMERCIAL PURCHASE CARD

12.1 Definitions. "Government-wide commercial purchase card" means a uniquely numbered credit card issued by a contractor under GSA's Government-wide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.

"Oral order" means an order placed orally either in person or by telephone, which is paid for by Government-wide commercial purchase card.

12.2 At the option of the Government and if agreeable to the Contractor, payments of $250,000 or less for oral or written delivery orders may be made using the Government-wide…