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

662-27-1-062-0003

36C26127Q0050 09-23-2026

Durell Salaz 916-923-4385 10-07-2026

1:00 PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 100

X

492210

$34 Million

N/A

X

"See Performance Work Statement"

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The Contractor shall provide a secure, reliable, and compliant delivery services for opioid treatment medications to the approved residential treatment facilities for the VA San Francisco Health Care System (VASFHCS)

Quote submission instructions are specified in FAR Provisions 52.212-1 and 52.212-2, and any addendums included in this solicitation.

Base Period of Performance: 12/11/2026 - 12/11/2027

Offerors are reminded their completed and signed VAAR Clause 852.219-75 must be included in submission or you will be considered non-responsive and will not be considered.

The SCA Wage Determination applies See Section D

See CONTINUATION Page

662-3670160-062-820300-2170-010020356

X X

Durell Salaz Contracting Officer

36C26127Q0050

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 25

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 DOL WAGE DETERMINATION 2015-5637, REV.34, DATED

08/20/2026 – SAN FRANCISCO-SAN MATEO

D.2 ATTACHMENT 2 PAST PERFORMANCE SURVEY – 36C26127Q0050

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (DEVIATION OCT 2025)

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 36C261

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Invoice Monthly 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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

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

AMENDMENT NO. DATE

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Provide delivery of Opioid medication to residential and treatment facility(s). Opioid Treatment Program BLD 1, Mental Health Service in accordance with the Performance Work Statement.

Contract Period: Base POP Begin: 12-11-2026 POP End: 12-10-2027 PRINCIPAL NAICS CODE: 492210 - Local Messengers and Local Delivery PRODUCT/SERVICE CODE: R602 - Support - Administrative:

Courier/Messenger

MANUFACTURER PART NUMBER (MPN): NA

accordance with the Performance Work Statement.

Contract Period: Option 1 POP Begin: 12-11-2027 POP End: 12-10-2028 PRINCIPAL NAICS CODE: 492210 - Local Messengers and Local Delivery PRODUCT/SERVICE CODE: R602 - Support - Administrative:

accordance with the Performance Work Statement.

Contract Period: Option 2 POP Begin: 12-11-2028 POP End: 12-10-2029 PRINCIPAL NAICS CODE: 492210 - Local Messengers and Local Delivery PRODUCT/SERVICE CODE: R602 - Support - Administrative:

accordance with the Performance Work Statement.

Contract Period: Option 3 POP Begin: 12-11-2029

POP End: 12-10-2030 PRINCIPAL NAICS CODE: 492210 - Local Messengers and Local Delivery PRODUCT/SERVICE CODE: R602 - Support - Administrative:

accordance with the Performance Work Statement.

Contract Period: Option 4 POP Begin: 12-11-2030 POP End: 12-10-2031 PRINCIPAL NAICS CODE: 492210 - Local Messengers and Local Delivery PRODUCT/SERVICE CODE: R602 - Support - Administrative:

GRAND TOTAL

Price Summary:

Period of Performance Yearly Total Amount

Base Year – 12/11/2026 – 12/10/2027 $

Option 1 – 12/11/2027 – 12/10/2029 $

Option 2 – 12/11/2028 – 12/10/2029 $

Option 3 – 12/11/2029 – 12/10/2030 $

Option 4 – 12/11/2030 – 12/10/2031 $

Aggregate Amount $

B.3 PERFORMANCE WORK STATEMENT

1. PURPOSE

1.1. The Department of Veterans Affairs (VA) requires secure, reliable, and compliant delivery services for methadone and other opioid treatment medications from VA-designated pharmacy locations to approved residential treatment facilities, Opioid Treatment Programs (OTP), and Mental Health Residential Rehabilitation Treatment Programs (MH RRTP). The Contractor shall ensure all deliveries support continuity of care for Veteran patients enrolled in opioid treatment programs.

2. BACKGROUND

2.1. VA facilities dispense methadone as part of medication-assisted treatment for opioid use disorder.

Veterans residing in treatment and residential programs depend on timely and compliant delivery of medication to maintain therapeutic regimens. This PWS defines the non-personal service requirements for controlled-substance delivery supporting VA SUD/OTP operations.

3. SCOPE OF WORK

3.1. The Contractor shall provide end-to-end pickup, transport, and delivery of methadone from VA-designated pharmacy sites to authorized receiving locations. Services include chain-of-custody documentation, security controls, on-time delivery windows, incident reporting, and coordination with VA clinical and pharmacy staff.

3.2. All deliveries must be transported in accordance with all Department of Transportation and OSHA Codes of Federal Regulations (CFR) 29 and 49. The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).

4. DEFINITIONS AND ACRONYMS

4.1. CO – Contracting Officer

4.2. COR – Contracting Officer’s Representative

4.3. KPI – Key performance indicators

4.4. MH RRTP – Mental Health Residential Rehabilitation Treatment Program

4.5. OSHA – Occupational Safety and Health Administration

4.6. OTP – Opioid Treatment Program

4.7. PDMP – Prescription Drug Monitoring Program

4.8. QASP – Quality Assurance Surveillance Plan

4.9. SFVAHCS – San Francisco Veterans Affairs Health Care System

4.10. SUD – Substance Use Disorder

4.11. VA – Veterans Affairs

5. PLACE OF PERFORMANCE

5.1. Between VA pharmacy dispensing sites and approved residential/treatment facilities listed in

Attachment A.

6. PERIOD OF PERFORMANCE

6.1. The period of performance with be for a base year of twelve (12) months plus four (4) one-year option periods.

7. HOURS OF OPERATION

7.1. Hours of Operation is 6:00 A.M. – 6:00 P.M. Monday–Sunday as required to meet dosing schedules. After-hours and emergency deliveries shall be available upon COR request. Deliveries must accommodate SFVAHCS clinic operating times and shall not disrupt Mental Health Service or Opioid Treatment Program dosing windows in Building One.

8. FEDERAL HOLIDAYS

8.1. New Year’s Day

8.2. Martin Luther King Day

8.3. President’s Day

8.4. Memorial Day

8.5. Juneteenth Day

8.6. Independence Day

8.7. Labor Day

8.8. Columbus Day

8.9. Veterans Day

8.10. Thanksgiving Day

8.11. Christmas Day

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

9. REQUIREMENTS

9.1. PICKUP AND TRANSPORT

9.1.1. Pick up sealed methadone packages from VA-authorized pharmacy sites at scheduled times designated by the COR.

9.1.2. Verify quantities, package integrity, and required documentation prior to departing the VA site.

9.1.3. Maintain secure, locked, tamper-evident storage during transport, medications shall remain under direct control of authorized personnel at all times.

9.2. CHAIN OF CUSTODY

9.2.1. Use VA-approved controlled substance transfer logs capturing date/time, driver name, vehicle ID, shipment ID, quantity, and signatures at each custody change.

9.2.2. Provide real-time notification to receiving facility of estimated arrival time and any delays.

9.2.3. Retain chain-of-custody records for a minimum of three (3) years and furnish VA upon request.

9.3. DELIVERY

9.3.1. Deliver directly to authorized staff at approved residential/treatment sites; verify identity and authorization before handoff.

9.3.2. Do not leave medications unattended or with unauthorized parties; obtain signature confirmation at delivery.

9.3.3. Meet delivery windows established by the COR to sustain therapeutic dosing schedules; the standard is on-time delivery ≥ 98% of instances per month.

9.4. SECURITY

9.4.1. Ensure delivery personnel have completed background checks acceptable to VA and carry photo identification.

9.4.2. Equip vehicles with lockable compartments; maintain tamper-evident seals and document seal numbers.

9.4.3. Prohibit non-authorized stops; in case of emergency, notify the COR and document actions taken.

9.5. INCIDENT MANAGEMENT

9.5.1. Immediately report any loss, theft, tampering, temperature excursion, or delay impacting dosing schedules to the COR and VA Pharmacy.

9.5.2. Submit a written incident report within twenty-four (24) hours using VA-provided template, including corrective actions.

9.6. PERSONNEL AND TRAINING

9.6.1. Ensure personnel handling methadone are trained in controlled substance security, privacy, and chain-of-custody procedures.

9.7. REPORTING AND DOCUMENTATION

9.7.1. Provide daily delivery logs to the COR and weekly summary reports of deliveries, incidents, and performance metrics.

9.7.2. Submit monthly KPI dashboards aligned to the Quality Assurance Surveillance Plan (QASP).

9.8. TRANSITION AND CONTINUITY

9.8.1. Within ten (10) business days of award, participate in a post-award orientation with COR and Pharmacy.

9.8.2. Provide a continuity plan to prevent service interruption, including backup drivers, vehicles, and communication protocols.

9.9. COORDINATION WITH VA MENTAL HEALTH SERVICE

9.9.1. Coordinate delivery schedules with Mental Health Service clinicians assigned to the Opioid Program in Building One, ensuring medication availability for Veteran dosing requirements and continuity of care.

9.10. COMPLIANCE WITH VA PHARMACY OVERSIGHT AND PDMP REQUIREMENTS

9.10.1. Follow VA procedures for controlled medication movements as directed by designated VA pharmacy personnel.

9.10.2. Support VA Prescription Drug Monitoring Program (PDMP) documentation and reporting requirements, when applicable, in accordance with VA policy.

9.11. INTEGRATION WITH VA CLINICAL PHARMACIST PRACTITIONERS

9.11.1. When delivery timing or incidents may affect dosing or therapy coordination, notify the designated Clinical Pharmacist Practitioner to ensure continuity of care.

10. PERFORMANCE STANDARDS AND QUALITY ASSURANCE SURVEILLANCE PLAN

10.1. The Contractor performance will be monitored in accordance with the Government’s Quality

Assurance Surveillance Plan (QASP). Key metrics include on-time delivery rate (≥98%), documentation accuracy (≥99%), compliance with controlled substance procedures (100%), and incident reporting timeliness (initial notice immediate; written report within twenty-four (24) hours). The QASP is incorporated by reference or attached to the contract.

11. CONTRACTOR’S DUTIES AND RESPONSIBILITES

11.1. The Contractor must be a courier company with a state license and carry a minimum of $1,000,000.00 liability insurance. All couriers transporting specimens under this contract must be bonded and carry cellular phones for communication purposes. A main dispatch contact phone number must be provided.

11.2. The Contractor shall provide all courier services in a vehicle and uniformed driver(s) to transport medication. The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).

11.3. Upon award of the contract and prior to actual start date, the Contractor shall provide the Contracting Officer’s Representative (COR) a copy of their most current certificate of training of couriers (employees), valid driver’s license, vehicle insurance, and registration.

11.4. Training: The Contractor’s couriers transporting medication must be trained in “Universal Precautions” in the handling of biohazard materials (specimens). Training must include using clinical procedures in case of biohazard spills and accidents.

11.5. Driver: All drivers must maintain a valid driver’s license for the type of vehicle operated as required by the state of California. A record of each driver as to character and physical capabilities of performing the duties as a courier must be maintained and made available to the COR for inspection upon request. Uber and Lyft driver’s vehicles are not allowed to be used to transport laboratory test specimens for this contract.

11.6. The Contract Manager, drivers, and alternates, must be able to read, write, speak, and understand English. The name of this person, and an alternate, or alternates, who shall act for the contractor when the manager is absent, shall be designated in writing to the COR. An updated listing will be provided as changes in personnel occur.

11.7. The Contractor’s personnel shall present a neat appearance and be easily recognized as a contract employee. The Contractor’s employees shall wear identification tags that include the company’s name/logo and employee name. The Contractor’s vehicle shall have the company name/logo prominently displayed.

11.8. The Contractor shall direct all questions and problems regarding this contract to the Contracting Officer and/or COR. The Contracting Officer is the sole authority to amend the terms and conditions of this requirement. All changes will be issued via amendment and/or modifications in writing from the Contracting Officer to the Contractor.

11.9. The COR SHALL BE NOTIFIED within two (2) hours, via phone and confirmed via facsimile of Contractor’s knowledge of any conditions which may adversely affect the Contractor’s ability to perform under the terms and conditions as stated in the specifications of this requirement.

11.10. Should specimens be lost or broken, the contractor shall be required to submit a written report to the COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report within the specific timeframe will cause further review by the Government to determine if the infraction warrants suspension/termination of the contract.

11.11. Contractor must have a backup for delivery schedule in the event the regular driver/vehicle breaks down.

12. QUALITY CONTROL

12.1. The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The Contractor shall develop and implement procedures to track, identify, prevent, and remedy, ensure non-recurrence of defective services. The Contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The Contractor shall immediately notify the COR upon receipt of a customer complaint so joint validation may be accomplished. The Contractor is responsible for quality control and specification compliance.

13. QUALITY ASSURANCE

13.1. The Government will evaluate the Contractor’s performance using customer complaints, periodic on-site inspection, and may at the Government’s discretion, inspect each task to incur conformance and acceptance prior to payment.

Performance Standards and Quality Assurance Surveillance Plan.

# Performance

Standard Reference

Performance Requirement

Performance Standard

Acceptable Quality

Threshold

Method of Surveillance

1 Schedule Compliance

Scheduled services must be done on the days prescheduled

Percentage of days vendor cannot make it on day scheduled

95% Observation and random inspection

2 Driver Customer Service & Professional Appearance

Customer service and appearance of drivers must be above average when dealing with facility staff on VA Property

Periodic Surveys will be taken from Susanville clinic manager and staff. Surveys will be rated as Excellent, Above Average, Average, and Poor.

90% of responses are Above Average or Higher

Periodic User Surveys

14. EVIDENCE OF RESPONSIBILITY

14.1. To determine responsibility, an offeror must possess a minimum of three (3) years’ experience, along with all necessary equipment, and personnel who are financially responsible to perform courier service as required under this contract. Offerors must submit with their quote the following:

14.1.1. Proof of Insurance

14.1.2. Proof of Bonded

14.1.3. Three commercial references

14.2. Successful bidders must meet all requirements of federal, state, and city codes regarding operations of this type of service. A description of offeror’s experience shall be submitted with the quote.

14.3. The Government reserves the right to thoroughly inspect and investigate the Contractor’s vehicles, facilities, business reputation, and other qualifications of any offeror and to reject any offer irrespective of price if it shall be administratively determined, lacking in any of the essentials necessary to assure acceptable standard of performance.

15. GOVERNMENT FURNISHED INFORMATION

15.1. Authorized delivery locations and points of contact, including SFVAHCS Pharmacy sites and Building One Opioid Treatment Program.

15.2. VA-approved templates/forms (e.g., Market Research templates, Chain-of-Custody logs, Incident Reports) from VHA procurement guidance.

15.3. COR monitoring tools and documentation per COR appointment responsibilities.

16. INVOICING AND PAYMENT

16.1. Submit invoices monthly via VA Finance Service Center systems. Invoices shall correspond to validated deliveries and shall include shipment IDs, dates, and receiving location details as confirmed by COR.

17. DATA RIGHTS, PRIVACY, AND SECURITY

17.1. The Contractor shall protect Veteran information in accordance with HIPAA and VA privacy/security policies. Contractor shall ensure compliance with ISO, PO, and CO oversight as documented in the VA Handbook 6500.6 Appendix A Security Checklist and maintain evidence of controls for audit.

18. NON-PERSONAL SERVICES

18.1. The Contractor employees are not subject to supervision and control usually prevailing in relationships between the Government and its employees. The Contractor shall provide non-personal services as defined in FAR and VAAR.

19. SAFETY

19.1. The Contractor shall comply with all applicable federal, state, and local safety regulations. Vehicles shall be maintained in safe operating condition; personnel shall follow safe-handling protocols for controlled substances.

20. TRAVEL

20.1. Travel is limited to delivery routes between VA pharmacy sites and authorized facilities. No separately billable travel unless authorized in writing by the CO.

21. CHANGES AND MODIFICATIONS

21.1. Only the Contracting Officer (CO) may authorize changes to the contract. The Contractor shall not perform any work beyond the scope of this PWS without written authorization from the CO.

22. POST-AWARD ORIENTATION

22.1. A post-award conference will be scheduled by the CO/COR to review requirements, points of contact, reporting formats, and security expectations.

23. GENERAL

23.1. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

24. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

24.1. A Contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

24.2. All Contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

24.3. The Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

24.4. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/subcontractor must state where all non- U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

24.5. The Contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

25. VA INFORMATION CUSTODIAL LANGUAGE

25.1. Information made available to the Contractor or subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

25.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements.

VA reserves the right to conduct onsite inspections of the Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

25.3. Prior to termination or completion of this contract, the Contractor/subcontractor must not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within thirty (30) days of termination of the contract.

25.4. The Contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

25.5. The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

25.6. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

25.7. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

25.8. The Contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

25.9. The Contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

25.10. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

25.11. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

25.12. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the Contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

26. SECURITY INCIDENT INVESTIGATION

26.1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

26.2. To the extent known by the Contractor/subcontractor, the Contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

26.3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

26.4. In instances of theft or break-in or other criminal activity, the Contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation (s) associated with any incident. The Contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

27. LIQUIDATED DAMAGES FOR DATA BREACH

27.1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/subcontractor processes or maintains under this contract.

27.2. The Contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the

Security Incident Investigation section above. Upon such notification, VA must secure from a non- Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. The Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

27.3. Each risk analysis shall address all relevant information concerning the data breach, including the following:

27.3.1. Nature of the event (loss, theft, unauthorized access);

27.3.2. Description of the event, including:

27.3.2.1. Date of occurrence;

27.3.2.2. Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

27.3.2.3. Number of individuals affected or potentially affected;

27.3.3. Names of individuals or groups affected or potentially affected;

27.3.4. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

27.3.5. Amount of time the data has been out of VA control;

27.3.6. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

27.3.7. Known misuses of data containing sensitive personal information, if any;

27.3.8. Assessment of the potential harm to the affected individuals;

27.3.9. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy

Incidents, as appropriate; and

27.3.10. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

27.4. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

27.4.1. Notification;

27.4.2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

27.4.3. Data breach analysis;

27.4.4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

27.4.5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

27.4.6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

28. TRAINING

28.1. All Contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

28.1.1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

28.1.2. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

28.1.3. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

28.1.4. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

28.2. The Contractor shall provide to the Contracting Officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required.

28.3. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

29. VA INFORMATION CUSTODIAL LANGUAGE

29.1. Information made available to the Contractor or subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

30. SECURITY INCIDENT INVESTIGATION

30.1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

(End of Performance Work Statement)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work.