Pharmacy Reverse Distributor Terms - Conditions - SFIHC.docx

SOLICITATION # 75H70722Q00045 Pharmacy Reverse Distributor Services

SECTION 1: GENERAL:

SERVICES: The Indian Health Service (IHS}, Santa Fe Indian Health Center (SFIHC), Santa Clara Health Center (SCHC) and Cochiti Health Clinic (CHC) has a requirement for reverse distributor with destruction services, capable achieving maximum credit return and in processing any related pharmaceutical waste that may arise out of non- returnable pharmaceuticals. The requirement for on-site and off-site processing function is imperative to assure optimum inventory control and to minimize the violation of laws and regulations, and compliant with all applicable regulations related to hazardous waste handling.

1.1 PRICE OR COST: This solicitation will result in a Firm-Fixed-Priced {FFP) Contract. The quantities shown in the Schedule of Charges are "expected" quantities but are not representative of actual quantities and serve as a means of arriving at price reasonableness for award purposes. Utilization of the FFP contract has been determined to be appropriate for Pharmacy Reverse Distributor Non-Personal Health Services as the government anticipates a recurring need. Pricing proposals should be determined based on the number of units that need cleaning.

1.2 GENERAL CONTRACT INFORMATION:

1.2.1 This is a non-personal service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, a contract under which the personnel rendering the services are not subject, to either the contract's terms or the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.2.2 As an independent Contractor, billing and collecting for federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

1.2.3 The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

1.2.4 FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:

"Prior to start of services specified by the contract scope of work, the Contractor must contact either Warren Cheromiah at telephone no. (505} 256-6749, Albuquerque Area Office, Division of Contracts & Grants Office, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations."

1.3 CONTRACT PRICE

1.3.1 This solicitation will result in an FFP Contract. The price for the Term of the of this contract is $ (TBD).

1.3.2 Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION 9 of this contract, the Government shall pay to the Contractor resulting from the awarded contract price.

1.3.3 Upon delivery and acceptance of the services described in the Performance Work Statement (PWS) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

TBD, 2022 to TBD, 2023

TOTAL FOR BASE YEAR:

SCHEDULE OF OPTION PERIODS:

TBD, 2023 to TBD, 2024

TOTAL FOR OPTION YEAR ONE:

TBD, 2024 to TBD, 2025

TOTAL FOR OPTON YEAR TWO:

TBD, 2025 to TBD, 2026

TOTAL FOR OPTION YEAR THREE

TBD, 2026 to TBD, 2027

TOTAL FOR OPTION YEAR FOUR:

TOTAL FOR BASE & 4-OPTION PERIODS

1.3.4 The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable} or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated in Section 10.5.1. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section 10.5.5 of this contract.

SOLICITATION # 75H70722Q00045 Pharmacy Reverse Distributor Services

SECTION 2: DEFINITIONS:

2.1 Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR, subpart 46.5, and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

2.3 Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.

2.4 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.5 Contracting Officer's Representative (COR): A federal employee who assists the ordering/issuing activity-contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day-to-day program management of the ordering activity's task orders. Ordering activities may have different designators for this employee.

2.6 Contractor: The individual awarded a legal binding contract to provide supplies and services.

2.7 Customer: Staff of the IHS service unit and health center.

2.8 Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.

2.9 Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result.

2.10 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.11 Non-Personal Services Contract: Contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

2.13 Ordering Activity: An authorized user of IHS that may issue a task order to obtain required services under this contract.

2.14 Outcome: End result.

2.15 Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

2.16 Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance. Lists the services for monitoring and the standards.

2.17 Service Contract: A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a non-personal or a personal contract. It can also cover services performed by either professional or non-professional personnel whether on an individual or organizational basis.

2.18 Service Unit: The local administrative unit of IHS.

2.19 Technical Direction: A directive to the Contractor that approve approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section 5 of this contract.

SECTION 3 - GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor.

SECTION 4 - CONTRACTOR-FURNISHED ITEMS:

4.1 The Contractor will provide all Pharmacy Reverse Distributor Service equipment and supplies to pick up the expired and unusable medications.

4.2 The Contractor will provide a listing of the expired and unusable medications.

SECTION 5 - REQUIREMENTS:

5.1 The contractor will provide Pharmacy Reverse Distributor Services with destruction capability Santa Fe Indian Health Center, Santa Clara Health Center and Cochiti Health Clinic.

5.2 Work Schedule: Contractor shall provide services every three (3) months between the hours of:

There will be no scheduled work on weekends or Federal holidays at the Santa Fe Indian Health Center, Santa Clara Health Center and Cochiti Health Clinic.

5.3 Performance Evaluation:

Evaluation of Contractor's performance in accordance with the standards set forth in the contract and Performance Work Statement Matrix (Section 6).

5.4 The Contractor will immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.

5.5 Contractor Qualification Requirements:

5.5.1 Certification. No Certification required.

5.5.2 Experience. Should at least have 2 to 3 years of experience.

5.6 Conditions of Contract Services:

5.6.1 The contractor will be subject to character investigation as required by Public Law 101-360, the Indian Health Child Protection and Family Violence Prevention Act prior to performance of a contract by utilizing the US Office of Personnel Management (OPM), Electronic Questionnaire for Investigation Processing (eQIP) system and this will include all fingerprinting procedures and clearances. The contractor will provide all requested information necessary to perform Level I and Level II background checks. The contractor will comply with the requirement to obtain security investigations. The contractor will work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed. The Contractor will review all completed forms and forwarded to the government personnel. The contractor will be immediately removed from the position (at any time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known.

5.6.2 Criminal History Background Check:

Contractor's employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault. molestation. exploitation. contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care "CNACI" investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor employees must not have unsupervised contact with Indian children. Contractor's employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required, and upon clearance of this stage, a contractor's employee may work a scheduled shift. However, Contractor's employees are required t6 complete the detailed background application and the application is to be completed within 30 days once the contractor's employee has been given physical and logical access. All Contractors' employees are subject to criminal background check prior to performing services in accordance with Task Order terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR.

5.6.3 Subpoenas/Testimonies:

Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony. As stated in Section 5-27.3(8)(9) of the Indian Health Manual.

5.7 Challenges to Conflicts: For any inconsistency between COR and Contractor's employee, this PWS follows this order of precedence:

a) First Priority: Contractor's Agency

b) Second Priority: COR

c) Third Priority: CO

5.8 Any Contractor employee demonstrating impaired judgment must not be allowed to continue working immediately on the order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

SECTION 6 - QUALITY ASSURANCE SURVEILLANCE PLAN

Items have been returned for credit.

Non qualifying items have been destroyed.

Items picked up quarterly.

Items returned for credit.

Non qualifying items destroyed.

Items are picked up quarterly.

Items are returned for credit.

Non-qualifying items are destroyed.

Payment will be made when these 3 stipulations are met:

Items have been picked up on a quarterly basis.

Items picked up have been returned for credit.

Non-qualifying items have been destroyed.

SECTION 7 - PACKAGING AND MARKING

7.1 PACKAGING: All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including what is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

7.2 MARKING: Each package/container delivered to the address shown in Section 10 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:

· Name of Contractor

· Contract Number

· Description of Items Contained Therein

· Consignee's Name and Address

7.3 PICK UP DELIVERY: Pick-ups will be at the following address:

Santa Fe Indian Health Center (SFIHC) Attention: Pharmacy Department 1700 Cerrillos Road Santa Fe, NM 87505 Santa Clara Health Center (SCHC) Attn: Pharmacy Department 400 State Road 30 Espanola, NM 87532

Cochiti Health Clinic (CHC) Attn: Pharmacy Department 270 Windmill Road Cochiti, NM 87072

SECTION 8- INSPECTION AND ACCEPTANCE

8.1 INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

8.2 FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

SOLICITATION # 75H70722Q00045 Pharmacy Reverse Distributor Services

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1 PERIOD OF PERFORMANCE: The period of performance is a Base Year and Four Year Option periods, unless an extension of the option period by modification has not occurred. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract {Oct 2014); upon written notification by the Contracting Officer within 30 days of contract expiration.

9.1.1 When all clearances are completed, the services shall commence NLT 10 days after notification: Base Period will start TBD, 2022 through TBD, 2023.

9.1.2 Performance for the period of TBD, 2022 to TBD, 2023, unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

9.1.3 Total contract award must not exceed five years. Option year renewals occur when satisfactory services provided, availability of funds for the appropriate fiscal year, and on existing requirements.

9.2 PLACE OF PERFORMANCE: The contractor must provide Pharmacy Reverse Distributor Services non-personal services to the following Albuquerque Area Indian Health Service Facilities:

Santa Fe Indian Health Center (SFIHC) Attn: Housekeeping Department 1700 Cerrillos Road Santa Fe, NM 87505 Santa Clara Health Center (SCHC) 400 State Road 30 Espanola, NM 87532 Cochiti Health Clinic (CHC) Attn: Pharmacy Department 270 Windmill Road Cochiti, NM 87072

9.3 Travel to and from the facility/office site are not included in the tour of duty. The hours of business are Monday through Friday. The actual hours scheduled in advance through the designated COR.

9.4 GOVERNMENT HOLIDAYS: (https://www.federalpay.org/holidays)*

* Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

10.1 AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

10.2 CONTRACTING OFFICER

10.2.1 The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

10.2.2 Patricia Trujillo, Contract Specialist

Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6754 Email: patricia.trujillo@ihs.gov Send all communications pertaining to contractual and/or administrative matters under the contract to the address above.

10.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

10.3.1 Keith Adcock, COR, 505-946-9319, is hereby designated as COR for this service. The CO Representative responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

The COR's responsibilities will include ensuring contractor accountability. Monitoring the Contractor's technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

10.4 ALTERNATE CONTRACTING OFFICER’S REPRSENTATIVE (ACOR)

(a) Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate COR designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that

(1) Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

10.6 INVOICE SUBMISSION

10.6.1 The Contractor shall submit invoices once per quarter. Advance payments will not be issued by Finance unless stated herein. Electronically sent via e-mail complete invoice with all required documentation to: *

* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.

10.6.3 Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.

10.6.4 Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

10.6.5 All information set forth in FAR Clause 32.905(b), payment documentation and process, must beincluded in all invoices for it to constitute a proper invoice.

FAR 32.905(b):

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. Unless otherwise agreed to by the contracting officer per HHSAR 352.232.71(c), the use of IPP shall take precedence over previously established invoicing procedures."

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

10.6 GOVERNMENT FURNISHED PROPERTY:

10.6.1 No issuance of Government Property.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1 CONTRACTOR PERFORMANCE EVALUATION REPORT

11.1.1 Evaluation of contractor's performance during the life of this contract will occur on an interim and final basis pursuant to FAR Subpart 42.15. The evaluation will become part of the contract file. Past performance, information helps to evaluate the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

11.1.2 Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

SOLICITATION # 75H70722Q00045 Pharmacy Reverse Distributor Services

SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

12.1 CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website address: https://www.acguisition.gov/far/index.html.

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

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

(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.