S02. 36C25626Q0050.docx

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Attached to
Prescription Services Federal contract opportunity
Solicitation number
36C25626Q0050
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 16

About this file

This document is a Request for Quote (RFQ) for Urgent/Emergent Prescription Services issued by the Department of Veterans Affairs (VA) Network Contracting Office. The solicitation seeks a Firm-Fixed-Price, Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract to provide pharmacy prescription services for veterans in specific geographic areas including Arkansas, Missouri, and Oklahoma. The contract will cover urgent and emergent prescription needs, with an estimated 4,000 prescriptions annually, focusing on first-fill medications for acute conditions with a 14-day supply limit (10 days for opioids).

The contract will have a base period from November 28, 2025, to September 30, 2026, with four option periods extending through September 30, 2030. The solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). Contractors must maintain a minimum of two licensed pharmacies per service area, provide real-time online claim adjudication, support a call center operating 8am-10pm CST, and comply with HIPAA and VA data privacy requirements. Quotes are due by October 23, 2025, at 2:00 PM CST, with award evaluation based on Technical Capability, Past Performance, and Price factors.

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36C25626Q0050

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

564-26-1-100-0006

10-09-2025 Caleb Parker, Contract Specialist

(713) 791-1414 ext. 149866 10-23-2025

2:00 PM

CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

X

456110 $37.5 Million

N/A

36C564 Department of Veterans Affairs Fayetteville VA Medical Center

1100 North College Avenue Fayetteville AR 72703 36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

1-877-489-6135 N/A

See CONTINUATION Page Contractor shall provide Emergent/ Non-Emergent Prescription services in accordance with the Performance Work Statement located at the Fayetteville VA Medical Center in Fayetteville, AR.

AR.

Reference B.2 Price/Cost Schedule, B.3 Delivery Schedule, and Performance Work Statement starting on page 6 and ending on page 18 for additional details.

Base Period of Performance (POP): 11/28/2025 - 09/30/2026 Option Period 1: 10/01/2026 - 09/30/2027 Option Period 2: 10/01/2027 - 09/30/2028 Option Period 3: 10/01/2028 - 09/30/2029 Option Period 4: 10/01/2029 - 09/30/2030

See CONTINUATION Page

X X

1(One)

Ashley Haslauer Contracting Officer

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE19
ITEM INFORMATION19
B.3 DELIVERY SCHEDULE20
SECTION C - CONTRACT CLAUSES21
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)21
C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)26
C.3 52.216-18 ORDERING (AUG 2020)28
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)29
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)29
C.6 52.222-49 SERVICE CONTRACT LABOR STANDARDS—PLACE OF PERFORMANCE UNKNOWN (MAY 2014)30
C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)30
C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)30
C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)31
C.10 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)31
C.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)32
C.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)35
C.13 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)37
C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)38
C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)39
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
SECTION E - SOLICITATION PROVISIONS49
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)49
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)56
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)61
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)78
E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)78
E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)81
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)82
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)83
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)83

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:

Ashley Haslauer, Contracting Officer Department of Veterans Affairs Network Contracting Office 16 2400 Canal Street New Orleans, LA 70119-6535 Email: Ashley.Haslauer@va.gov

Caleb Parker, Contract Specialist Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston

TX 77056-5643

Email: caleb.parker@va.gov

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] Monthly

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.

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

AMENDMENT NO
DATE

PERFORMANCE WORK STATEMENT

URGENT/EMERGENT PRESCRIPTON FILLING SERVICES

Veterans Healthcare System of The Ozarks (VHSO) 1100 North College Ave.

Fayetteville, AR 72703

A.GENERAL INFORMATION
1.Pharmacy Prescription Services for Urgent/Emergent Needs
2.Scope of Work:
a.The Contractor shall provide pharmacy prescription services for urgent and emergent needs, ensuring availability of at least two (2) participating pharmacies per service area and compliance with the VA National Urgent/Emergent Formulary. The Contractor shall maintain active URAC (or equivalent) certification and ensure all staff possess current state pharmacy licenses.

The purpose of this contract is to ensure Veterans have access to immediate prescription fulfillment following non-VA urgent or emergent care encounters.

PERIOD OF PERFORMANCE:

· Base Period: November 28, 2025 – September 30, 2026

· Option Period 1: October 1, 2026 – September 30, 2027

· Option Period 2: October 1, 2027 – September 30, 2028

· Option Period 3: October 1, 2028 – September 30, 2029

· Option Period 4: October 1, 2029 – September 30, 2030 The prescription authorization voucher qualifier will be updated routinely (up to monthly) to prevent unintended use of this coverage.

b.Fayetteville Veterans Affairs Medical Center (VAMC), Fayetteville, Arkansas, has a requirement for pharmacy services, specifically filling an estimated 1300 prescriptions per year under the above criteria.
c.The areas serviced will be within the catchment area of the Veterans Healthcare System of the Ozarks. These areas should have pharmacy in-network coverage in these areas and span the locations as detailed below.
Fort Smith, AR 72903
Ozark, AR 72949
Fayetteville, AR 72703
Springfield, MO 65807
Harrison, AR 72601
Joplin, MO 64804
Jay, OK 74346
Bella Vista, AR

Branson, MO 65616

d.The contractor shall provide prescription filling services to include traditional prescription screening, dispensing, and counseling services (by a licensed pharmacist) to eligible veterans presenting authorized prescriptions from providers. These prescriptions will require an approval process determined by the COR or delegate in coordination with the contractor. Pharmacy delivery charges are not covered, and the contractor will not be reimbursed for any delivery charge in the event the pharmacy provides a delivery service.
(1)Printed drug information will be provided to each patient to supplement verbal instructions. These services will require a medication history and check for allergies, interactions, and therapeutic duplications.
(2)Contractor’s staff and facility must meet all applicable federal and state requirements for performing services under this contract.
e.The contractor shall fill and dispense non-controlled and controlled substance prescription medications via two routes:
(1)The contractor shall fill and dispense controlled substance prescription medications prescribed only via state approved means. Opioid medications (pain medications) may only be filled for up to 7-day supply. Non-controlled medication prescriptions may only be filled for up to 14-day supply with no refills.
f.The purpose of this contract is to provide prescription-filling services (first fill) for acute conditions deemed to be urgent/emergent by the prescribing medical provider and in accordance with the VA National Urgent/Emergent formulary. Acute conditions included but not limited to cough, infection, colds, pain, and other severe medical conditions that drug therapy treatment must be started within 14 days of a patient’s visit or prescription date.
g.Prescriptions will be filled and dispensed only for medications listed in the current VA National Urgent/Emergent Formulary or other approved formulary provided by the COR or designee. An updated formulary will be provided, at minimum, semi-annually to the contractor or as updates are required. Only those medications that are on the National Urgent/Emergent Formulary or Approved Non-Formulary medications will be dispensed under this contract.
h.At a minimum, the contractor will have a facility located within proximity of the following areas listed in section c above. Each facility shall be handicapped accessible, have handicapped accessible ramps, have handicapped parking spaces available and have seating for patients waiting for prescriptions.
i.All prescriptions shall be filled for the quantities as written, not to exceed a 14-day supply except for those products that the manufacturer’s package size prohibits dispensing in a smaller quantity (e.g., inhalers, insulin vials) or which the manufacturer requires to be dispensed in the original container.
j.No refills of prescriptions will be allowed. The contractor may only accept new prescriptions.
k.Contractor will not mail filled prescriptions to the patient.
l.Medical supplies, injectables and prosthetic items are not included in this contract except for the emergency supply of insulin vials and syringes.
m.Prescriptions filled under this contract shall be, to the extent permitted by law, the least expensive drug product the pharmacy has in stock. Generic drugs shall be dispensed whenever possible. Generic drugs shall be dispensed if, in the professional judgment of the pharmacist, the substitute product is available, safe, effective, and to the greatest extent possible, contains the same chemical ingredients of the same strength, quantity, and dosage of the brand name. All generic products used must be in compliance with Federal and State requirements. The generic name must be indicated on the drug label for all medications.
n.Pharmacies authorized to fill prescriptions under the contractor’s plan must agree to the following conditions:
(1)The contractor and its contract pharmacies shall keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized in writing and according to all applicable laws. The Privacy Act of 1974, public Law 93-579 applies to this contract.
(2)Representatives of the VA are authorized to visit the premises of any pharmacy filling VA prescriptions under the contractor’s plan during business hours for the purpose of auditing and evaluation, which may include the inspection of clinical records.
(3)All adverse drug events reported to the contractor’s pharmacies by beneficiaries of the VA will be reported to Pharmacy Services, Fayetteville, Arkansas. Adverse drug events include dispensing errors, drug allergies, and adverse drug reactions.
(4)Pharmaceutical care provided to beneficiaries under this contract shall meet all standards applicable to Medicaid recipients in the State where the services are provided, and standards set forth in the current Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services
o.Contract pharmacies shall maintain a log of VA prescriptions filled under the patient profile and be able to produce proof of dispensing to the Veteran patients. The log is preferably electronic but can be written. A copy of the log shall be readily accessible for random audit.
p.The Contractor shall maintain a minimum of two (2) licensed pharmacies in each designated service area under this contract, and shall strive to provide additional coverage where feasible to ensure patient access.
q.As services are needed for new CBOC’s in the VA Medical Center, Fayetteville, AR primary service area, and additional pharmacies will be added to this contract. When a new CBOC is to be opened, the contracting officer will notify the contractor. At that time, the contractor shall submit a listing of proposed pharmacies for that area to the contracting officer. The contracting officer shall approve additional pharmacies for that area. The contracting officer shall approve additional pharmacies via a supplemental agreement to the contract.
r.The Government reserves the right to fill any prescription covered under this contract using its own resources and/or staff.
s.The contractor must provide an option to refresh the billing information up to on a monthly basis as to limit misuse of the program. This may be described as alteration of the billing codes used by the pharmacy vendors to restrict use without express authorization by the VHSO Pharmacy Service.
3.Invoicing and Payment

a. Monthly Invoice Submission:

· Invoices must be submitted within 30 calendar days from the end of each month.

· Each invoice must include:

1. Name and ID (Social Security Number) of patient

2. Name, strength, quantity, and NDC of medication dispensed

3. Date dispensed

4. Cost of medication and dispensing fee

5. Assigned prescription number

6. Name of VA provider or non-VA provider (VA and non-VA prescriptions separate for auditing)

7. Contract Number / Billing group

8. Approving VA Pharmacist

b. No Additional Billing: The contractor shall not bill the beneficiary, their family, private insurer, Medicare, or any other entity for services provided under this contract.

c. Reimbursement: Based on the Average Wholesale Price (AWP) discounted plus the applicable dispensing fee. Total price charged to the VA shall not exceed the contractor's lowest third-party reimbursement rate.

4.Services
a.The services specified may be changed by written modification to this contract.
b.The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.
c.The services to be performed by the contractor will be under the direction of the Chief of Staff and the Chief, Pharmacy Service.
d.Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish the services and prices specified in this contract.
5.Qualifications

Personnel assigned by the contractor to perform services covered by this contract must have:

· Contractor must have An active, unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia.

· Contractor must have qualifications subject to review by the VA Chief of Staff and approval by the VA Facility Director.

· Contractor must have Licensure in accordance with the State requirements where services are provided.

· In addition to applicable state licenses, the Contractor shall maintain at least one recognized national healthcare accreditation related to pharmacy operations (e.g., URAC, ACHC, or equivalent). Documentation of this certification shall be provided with the offeror’s quotation and maintained throughout the period of performance.

· Contractor must be enrolled in a nationwide pharmacy provider network to ensure there are more than two available pharmacy providers are available at each service location (Fort Smith, AR 72903; Ozark, AR 72949; Fayetteville, AR 72703; Springfield, MO 65807; Harrison, AR 72601; Joplin, MO 64804; Jay, OK 74346; Bella Vista, AR; Branson, MO 65616).

· Contractor must have support network available for real-time receipt of pharmacy calls for overriding prescriptions to be processed between the hours of 08:00 and 22:00 7 days per week.

· Contractor must have real-time online validation for medication selection match to VA National Urgent/Emergent Formulary for prescription processing at the pharmacy provider as well as day supply limitation to 14 days supply for all prescriptions except 10 days supply for Opioid pain medications.

· Contractor must have 5 years related experience processing prescriptions for VA facilities at private non-VA pharmacies for Veteran subscribers.

· The Contractor shall ensure that each licensed pharmacy included in the contract network maintains at least one (1) on-site licensed pharmacist during all operating hours. Evidence of each pharmacist’s current, valid state license shall be provided with the offeror’s quotation and maintained throughout the period of performance.

· The Contractor shall comply with all HIPAA and VA data privacy requirements. A fully executed Business Associate Agreement (BAA) with the Government will be required prior to commencement of work. The Contractor shall coordinate with the VA Privacy Officer to complete the BAA once an award has been made.

6. Place of Performance The work shall be performed in service areas listed in areas listed in Scope of Work (2. Above).

7. Personnel Policy The Contractor shall be responsible for protecting the personnel (employees, agents, or subcontractors) furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel – worker’s compensation, professional liability insurance, health examinations, income tax withholding, and social security payments. The parties agree that such personnel shall not be considered a VA employee for any purpose and shall be considered employees of the contractor.

8.Contract Monitoring Procedures
a.The Contracting Officer Representative (COR) is the Chief, Pharmacy Service and is the VA official responsible for verifying and monitoring contract compliance.
b.Any incident of contractor non-compliance as evidenced by the monitoring procedures, shall be reported immediately by the COR to the Contracting Officer. Failure of contractor to follow procedure may result in nonpayment or delay of payment.
c.Record-Keeping Monitoring System: Contractor and VA will establish record keeping systems to verify contract performance. Data will be recorded and retrieved as necessary. The contract will be monitored and validated against monthly billings.
d.The COR will furnish a statement in writing to the Contracting Officer as the closure of the contract to include a summary of contractor actions and a statement that all requirements of the contract were fulfilled as agreed.
e.A summary evaluation of contractor performance, based upon the compliance or noncompliance of contract requirements as evidenced under the monitoring procedures shall be forwarded by the monitoring official to the Contracting Officer prior to exercising any option.
9.Hours of Work
a.Pharmacy claim adjudication shall be available in real time during each pharmacy’s operating hours, with Contractor support staff available to process overrides and technical issues from 08:00 to 22:00 Central Time, seven (7) days per week.
10.Annual Report
a.The contractor shall provide the contracting officer with an annual report showing the total number of prescriptions filled and total dollar amount per CBOC location at the end of each contract year. The Government reserves the right to negotiate lower fees and/or higher discounts should the combined total warrant lower fees and/or higher discounts. Should lower fees and/or higher discounts be negotiated, a supplemental agreement to the contract will be issued.
b.Contractor will maintain an ongoing performance measurement assessment and improvement process to assess the services provided under this contract. (e.g., customer satisfaction survey).

“The Contractor shall provide an annual summary report including the total number of prescriptions filled, total cost per service area, and confirmation of continued accreditation and licensure. Failure to provide the annual report may result in contract corrective action.

11.KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS
1.The Contractor shall assign a Program Manager/Contractor Representative to this contract.
2.During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
3.The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the people being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receiving all the required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.
4.For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.
12.CONTRACT SECURITY
1.General

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

a. The Certification and Accreditation requirements do not apply, and a Security Accreditation Package is not required.

2.VA Information Custodial Language
a.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).
b.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 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.
c.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 30 days of termination of the contract.
d.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.
e.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.
f.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.
g.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.
h.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.
i.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.
j.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 to all requests for demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for a response.
k.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 to such court orders or other requests to the VA contracting officer for response.
l.Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:
(1)Vendor must accept the system without the drive.
(2)VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or
(3)VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.
(4)Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive
m.The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact.
n.Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.
o.A statement that needs to be signed by the Director (System Owner) states that the drive cannot be removed and that (a) and (b) controls above are in place and completed.
p.The ISO needs to maintain the documentation.
3.Security Incident Investigation
a.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 COTR 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.
b.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.
c.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.
d.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.
4.Liquidated Damages For Data Breach
a.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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.
b.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.
c.Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1)Nature of the event (loss, theft, unauthorized access).
(2)Description of the event, including:
(i)Date of occurrence.
(ii)Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code.
(3)Number of individuals affected or potentially affected.
(4)Names of individuals or groups affected or potentially affected.
(5)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;
(6)Amount of time the data has been out of VA control.
(7)The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); VA information, obtain monetary or other
(8)Known misuses of data containing sensitive personal information, if any.
(9)Assessment of the potential harm to the affected individuals.
(10)Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11)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.
d.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:
(1)Notification.
(2)One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.
(3)Data breach analysis.
(4)Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.
(5)One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
(6)Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
5.Confidentiality And Nondisclosure

It is agreed that:

a.The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.=
b.The CO will be the sole authorized official to release verbally or in writing any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to the order presented to the contractor shall be submitted to the CO for response.
c.Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

The Contractor shall comply with all HIPAA and VA data privacy requirements and demonstrate such compliance through valid accreditation or certification documentation at time of quote submission.

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4,000.00
EA
__________________
__________________

Urgent/Emergent Prescriptions Processed in accordance with the PWS.

Contract Period: Base POP Begin: 11-28-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE: 456110 - Pharmacies and Drug Retailers PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacy Services

4,000.00
EA
__________________
__________________

Urgent/Emergent Prescriptions Processed in accordance with the PWS.

Contract Period: Option 1 POP Begin: 10-01-2026 POP End: 09-30-2027

4,000.00
EA
__________________
__________________

Urgent/Emergent Prescriptions Processed in accordance with the PWS.

Contract Period: Option 2 POP Begin: 10-01-2027 POP End: 09-30-2028

4,000.00
EA
__________________
__________________

Urgent/Emergent Prescriptions Processed in accordance with the PWS.

Contract Period: Option 3 POP Begin: 10-01-2028 POP End: 09-30-2029

4,000.00
EA
__________________
__________________

Urgent/Emergent Prescriptions Processed in accordance with the PWS.

Contract Period: Option 4 POP Begin: 10-01-2029 POP End: 09-30-2030

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Veterans Health Care System of the Ozarks

1100 North College Avenue Fayetteville, AR 72703 1944

USA

4,000.00
11-27-2025 Through 09-30-2026
MARK FOR:
James Duncan

479-443-4301 (65425) james.duncan5@va.gov

Same as Line Item 0001
4,000.00
10-01-2026 Through 09-30-2027
Same as Line Item 0001
4,000.00
10-01-2027 Through 09-30-2028
Same as Line Item 0001
4,000.00
10-01-2028 Through 09-30-2029
Same as Line Item 0001
4,000.00
10-01-2029 Through 09-30-2030

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

(2) Delivery of the supplies to the…

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