S02 Solicitation 36C26321Q0422 Pharmacy First Fill Services NWI.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 67

N/A; to be included on task orders issued on BPA

36C26321Q0422

6. SOLICITATION ISSUE DATE

4-02-2021

Doug Reed (605) 336-3230 x 7844 04-22-2021

11:59pm CDT

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

524292

$35 Million

N/A

X

Department of Veterans Affairs

VA Nebraska Western Iowa Health Care

System

4101 Woolworth Avenue

Omaha NE 68105

Sioux Falls VA Health Care System

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Pharmacy First Fill Services to support the VA Nebraska

Western Iowa Health Care System.

Blanket Purchase Agreement (BPA).

Period of Performance: 10-01-2021 to 06-30-2026

This solicitation is a Total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-Aside.

This solicitation uses FAR Part 13 (Simplified Acquisition

Procedures).

Offerors shall be registered and verified at following at time of offer:

System for Award Management (https://www.sam.gov)

VA Vendor Information Pages (https://www.vetbiz.va.gov)

Refer to Section B.2 for price schedule

Refer to Section B.3 for statement of work

Service Contract Labor Standards apply; please refer to

Section D for USDOL Wage Determinations

Refer to Section E, Addendum to FAR 52.212-1, for instructions to offerors

Refer to Section E, FAR 52.212-2, for evaluation factors.

See CONTINUATION Page

N/A; to be included on all BPA task orders issued against

Blanket Purchase Agreement (BPA).

X X

X 1

Doug Reed

VA-VHA-2020-56D92567

36C26321Q0422

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

C.5 IT CONTRACT SECURITY

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Attachment 1 BAA Template (8 pages)

See attached document: Attachment 2 USDOL Wage Determination NWI 2015-5005 Revision 12 Dated

12.21.2020 (11 pages)

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB

2021)

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: TBD

b. GOVERNMENT: Contracting Officer 36C263 Doug Reed, douglas.reed3@va.gov

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

5. 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 INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES ESTIMATED QTY UNIT UNIT PRICE

ESTIMATEDD

AMOUNT T

3,400.00 EA __________________ _________________

Pharmacy First Fill Services VA Nebraska Western Iowa Health Care System Period 1: 10-01-2021 to 06-30-2022 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage ____________ - AWP % Brand Name ____________ - AWP% Generic

3,570.00 EA __________________ _________________

Pharmacy First Fill Services VA Nebraska Western Iowa Health Care System Period 2: 07-01-2022 to 06-30-2023 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage

3,748.00 EA __________________ _________________

Pharmacy First Fill Services VA Nebraska Western Iowa Health Care System Period 3: 07-01-2023 to 06-30-2024 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage

3,935.00 EA __________________ _________________

Pharmacy First Fill Services VA Nebraska Western Iowa Health Care System Period 4: 07-01-2024 to 06-30-2025 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage

4,132.00 EA __________________ _________________

Pharmacy First Fill Services VA Nebraska Western Iowa Health Care System Period 5: 07-01-2025 to 06-30-2026 Firm Fixed Price Dispensing Fee Plus Discounted AWP Percentage

ESTAIMTED GRAND

TOTAL

B.3 STATEMENT OF WORK (SOW)

Title

Pharmacy First Fill Services to support the VA Nebraska Western Iowa Health Care System (NWI).

General Overview

NWI is seeking a contractor to provide Pharmacy First Fill Services. Contractor shall fill first time prescriptions for patients seen at the main facilities and the associated Community Based Outreach

Clinics (CBOCs) and provide medication counseling per Omnibus Budget Reconciliation Act of 1990 requirements (OBRA-90). Prices shall be offered with respect to Average Wholesale Price (AWP).

Locations Covered

Main Facility

VA Nebraska Western Iowa Health Care System – Omaha

4101 Woolworth Street

Omaha, NE 68105

VA Nebraska Western Iowa Health Care System – Lincoln

420 Victory Park Drive

Lincoln, NE 68510

VA Nebraska Western Iowa Health Care System – Grand Island

2201 Broadwell Avenue

Grand Island, NE 68803

Community Based Outpatient Clinics (CBOC) locations

Bellevue CBOC

2206 Longo Drive

Bellevue, NE 68005

Holdrege CBOC

1118 Burlington Street

Holdrege, NE 68949

Norfolk CBOC

3204 Raasch Dr

Norfolk, NE 68701

North Platte CBOC

300 E. 3rd St Suite 302

North Platte, NE 69101

Shenandoah CBOC

2043 Ave. A

Shenandoah, IA 51601

Period of Performance

This is a single award Blanket Purchase Agreement (BPA) for period of performance of 10-01-2020 to 06-

30-2026.

Task orders will be issued against BPA during ordering period by Government based on continued need for services, Contractor performance, and availability of funds for task orders in a given fiscal year:

Period Begins Ends

1 10-01-2021 06-30-2022

2 07-01-2022 06-30-2023

3 07-01-2023 06-30-2024

4 07-01-2024 06-30-2025

5 07-01-2025 06-30-2026

Estimated Quantities

The following estimates are estimated amount based on NWI historical data. The estimates are not a guarantee to the Contractor. Actual estimates on BPA task orders issued against BPA could be equal, lesser, or greater than estimated amounts listed. Estimated quantity increase of 5% each option year is reflected below:

Period 1 3,400 prescription fills

Period 2 3,570 prescription fills

Period 3 3,748 prescription fills

Period 4 3,935 prescription fills

Period 5 4,132 prescription fills

Scope of Work

Within five business days of award, the Contractor shall provide a list of potential pharmacies that fit the demographic requirements (within 15 minutes of the main facility and affiliated CBOC locations listed above). From this list, NWI will choose which pharmacies they would like to use for the services based on location, parking, and other veteran convenience factors as determined by each facility.

Within five business days of award, the Contractor shall create custom networks such that only the chosen pharmacies for each main facility and affiliated CBOC locations can be used for prescriptions from the providers from each main facility and affiliated CBOC locations. The CBOCs operating hours are normally 8:00 a.m. to 4:30 p.m. Central Standard Time (CST)., Monday-Friday, excluding federal holidays.

Federal holidays are:

New Years Day

Martin Luther King Jr Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Prescription Fill Process

Contract pharmacy will fill and dispense original prescriptions that are written by VA providers assigned to all NWI facilities and CBOCs.

The Contractor shall establish a pharmacy network to provide greater flexibility to patients in locations not necessarily located in same community as Nebraska Western Iowa VA Health Care System. The pharmacy network must be presented to Nebraska Western Iowa Chief of Pharmacy for approval prior to starting performance. The Contractor may only use, on a case by case basis, an authorized pharmacy outside of the established pharmacy network with prior approval of VA Nebraska Western Iowa Health

Care System Chief of Pharmacy or designee. The Contractor shall establish a provider network comprised of VA providers affiliated with and performing patient care services at the Nebraska Western

Iowa VA Health Care System and affiliated CBOC locations listed in this Statement of Work. The

Contractor may only use, on a case by case basis, a non-VA provider outside of the established provider network with prior approval of the Nebraska Western Iowa VA Health Care System Chief of Pharmacy.

Prescriptions to be filled will be presented to the contract pharmacy on a consult form for non-controlled substances. This form will have the certificate information listed at the top and the prescription information to follow. This consult will have a "wet" signature from the VA provider. For controlled substances (CII – CIV) the consult will also be accompanied by a handwritten prescription on

VA Form 10-2577F. Pharmacists will be able to provide a verbal prescription in urgent situations (non-controlled substances).

Prescriptions filled will be in written form provided by the VA or VA-contracted provider(s). Dispensing pharmacies shall be able to accept the written prescription on VA Form 10-2577F (Security Prescription

Form) or in case of V-TEL appointment or consult by phone situations, the VA provider will use a VA fax prescription form signed by the VA provider(s) or VA-contracted providers.

In any case, the Contractor shall accept faxed prescriptions from VA or VA-contracted provider(s).

Should the state in which the dispensing pharmacy operate require other than the VA Form 10-2577F, Security Prescription Form, it will be the Contractor’s responsibility to provide the Chief of Pharmacy with the proper security form. The successful Contractor may obtain a sample of each VA Form from the COR.

NWI developed a list of prescription drug products that are pre-approved to be sent to contract pharmacy for veterans. This list is known as the formulary also designates the day supply amount allowable for the given drug. Most prescriptions will be limited to a maximum of a ten-day supply. NWI

Pharmacy Chief or designee will be responsible for updating, maintaining, and providing copies of the formulary to the Contractor.

Prescriptions filled and dispensed through emergent fill contracts will be limited to medications of urgent need as determined by VA clinical staff and will follow safe and effective formulary management principles practiced within the VA. This may include adjudication of medications on a case-by-case basis as defined by local medical center procedure. Nebraska Western Iowa will maintain a formulary list of medication the contractor may fill without prior authorization. The Chief of Pharmacy or designee will email the formulary list to the Contractor at the time of contract award and provide updates to the list as necessary. There shall be a mechanism in place, provided by the Contractor, to provide real-time messaging and hard edits to the pharmacies in order to limit dispensed medications to the specified formulary and to prevent medications that require prior authorization from being dispensed.

Medications not on the authorized formulary list will not be filled and dispensed without prior approval by authorized pharmacy personnel.

This process is only for new, one-time prescriptions. No refills will be authorized.

Reimbursement shall be determined by the average wholesale price (AWP) discounted by the applicable

Contractor percentage plus the applicable dispensing fee as specified on B.3 (Price/Cost Schedule). The total price charged to VA shall not exceed the amount charged to the general public and shall not exceed the price charged by the Contractor’s lowest third-party reimbursement plan.

The contractor shall only fill prescriptions that include a voucher authorizing the prescription. The voucher shall include the provider name, patient name and social security number.

Prescriptions shall be filled with generic drugs to the extent permitted by law. 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. Brand name drugs will only be reimbursed if no AB rated generic form of the drug exists in the marketplace.

“AB rated” means that drugs that have been proven to meet the necessary bioequivalence requirements through in vivo and/or in vitro testing compared to a reference standard that is currently approved. AB is the most common designation. Drugs coded as AB under a specific product heading are considered therapeutically equivalent only to other drugs coded as AB under that heading. Thus, products in this category are considered to be generic drugs. However, an AB-rated product may carry an individual brand name. Under no circumstances may an AB-rated generic product use the patented brand name of the reference standard.

VA beneficiaries will pick up their own prescriptions at the dispensing pharmacy. No prescriptions are to be mailed. No prescriptions are to be delivered.

If the contract pharmacy is having difficulty with any claim or any other situation, they will contact the contractor. The contract pharmacy will not contact employees of NWI. If it is determined that a claim for a non-formulary medication was not approved, the contract pharmacy will refer the veteran to contact their provider.

Updates of providers (additions/deletions) will typically take from 24 to 48 hours, depending on when the changes are entered into the system and the system update cycle. However, the contractor will attempt to expedite the process whenever possible.

The contractor shall not make authorizations to the contracted pharmacies for prescriptions that fall outside of the normal constraints as stated within. If this occurs, the contractor will be responsible for reimbursing the local pharmacy for the prescription.

VA reserves the right to fill any prescription through the use of its own resources and/or personnel.

Audits

The VA will randomly audit prescription fills at their discretion. The VA shall have access during regular business hours, and upon reasonable notice, to such books, records, invoices, and prescription files as deemed necessary to verify claim information, prescription volume, and the usual and customary charges to the general public for covered prescriptions. The Contractor shall make all prescription records and invoices available at the time of the audit. The Contractor shall provide each facility with timely detailed monthly reports which include patient, provider, date(s) of service, medication, and cost information broken down by main facility and affiliated CBOC locations for auditing.

Contract pharmacies shall maintain a log of VA prescriptions filled and have the patient sign next to each prescription number for each prescription received. A copy of the log shall be maintained at the contract pharmacy and be readily accessible for random VA audit.

Pharmacy Service shall review the monthly statements provided by the contractor regarding fills at the local emergent fill pharmacies. Should NWI find discrepancies in the billing, a request will be made to the contractor to provide a copy of the consult in question.

If the consult in question is not able to be produced within 10 calendar days the contractor will adjust the statement by the amount in question. This review process will only be available for 90 days after the date of the prescription fill in question. Thus, the contract pharmacies will only be required to keep the hard copies available for 90 days.

Labeling

All prescriptions must have proper auxiliary labels attached and appropriate counseling and drug interaction sheets provided to VA beneficiaries.

Privacy Requirements

The contractor shall comply with the requirements of the Federal Privacy Act of 1974 (Public Law 93-

579), HIPAA (Public Law 104-191), and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 83-255), as well as other statues regarding confidentiality of patient information during and after the execution of this BPA.

The contractor and the contracted 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 contractor shall not store patient information on a mobile device. A verbal contact is sufficient to obtain prior authorization when needed. The contactor is prohibited from transferring Personnel Health

Information (PHI) by fax or email to and/or from a VA facility.

The contracted pharmacies including subcontracted pharmacies that are authorized to fill prescriptions under the BPA and subsequent task orders must agree to the following conditions:

1. All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to any person, except as authorized in writing from VA, and according to all applicable laws.

2. Representatives of VA are authorized to visit the contractor’s sites and the premises of any pharmacy filling VA prescriptions during regular business hours for the purposes of auditing and evaluation, which may include the inspection of clinical records.

3. The contractor shall report all adverse drug events reported by VA beneficiaries to the VA facility

Chief of Pharmacy, COR, to the prescribing CBOC provider, and Emergency Room provider if applicable.

4. Pharmaceutical services provided to VA beneficiaries shall meet all standards applicable to Medicaid recipients in the State where services are provided and standards set forth in the current version of

The Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

Licensing and Qualification Requirements

Pharmacies utilized by the contractor shall be in good standing with the State of licensure.

Pharmacies utilized by the contractor shall have a current Drug Enforcement Administration (DEA) license and controlled substance license.

Pharmacists Requirements:

• Graduate of an Accreditation Council for Pharmacy Education (ACPE) College of Pharmacy

• Licensed in the State of employment and in good standing with the Board of Pharmacy

Copies of the above items shall be provided to VA Technical Representative (VATR) upon VATR request.

AWP Pricing Methodology

The Contractor’s pricing shall be based on MediSpan, one of the leading national drug-pricing systems used in the pharmaceutical industry. A contractor’s pricing methodology/system is based on the IT platform of its PBM (Pharmacy Benefits Management) claim adjudication system. The contractor’s claim system is linked to MediSpan, which allows them to monitor and adjust to pharmaceutical industry pricing on a daily basis, thereby providing the VA with the most current pricing available.

Business Associate Agreement

The Health Insurance Portability and Accountability Act of 1996 (HIPPA) requires that patient lists, names of patients, and any information concerning patients, are considered privileged information and shall not be disclosed or revealed in any way for use outside the VA. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the VA. Patient confidentiality will be adhered to at all times.

As Contractor personnel will potentially have access to any patient information related to their performance of duties under this BPA, Contractor shall make its personnel aware that any such information that they might become aware of during the course of their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with

NWI COR and pharmacists.

Contractor shall sign a Business Associate Agreement (see Attachment 1: BAA Template) within five business days upon award, adhering to this policy.

Service Contract Labor Standards

Work performed by the Contractor and contract pharmacies is applicable to FAR Subpart 22.10 (Service

Contract Labor Standards) and such shall follow U.S Department of Labor Wage Determinations (see

Attachment 2: USDOL Wage Determinations); updated USDOL wage determinations will also be provided as part of each option period exercise, as applicable.

Limitations on Subcontracting

By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

An independent contractor shall be considered a subcontractor. “Similarly Situated” means that entity subcontracted to is same type of entity as the Prime Contractor (i.e., SDVOSB subcontracts to SDVOSB, small business subcontracts to small business).

National Archives and Records Administration (NARA) Records Management

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part

1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

a. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

b. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

c. The Government Agency owns the rights to all data/records produced as part of this contract.

d. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

e. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

f. No disposition of documents will be allowed without the prior written consent of the Contracting

Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

g. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The

Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Completion of VA Privacy Training No Protected Health Information or Computer Access Form (VA

20939)

During performance of the BPA and related BPA task orders, Contractor will not have access to VA IT systems. However, as Contractor is still providing Protected Health Information (PHI), Contractor staff overseeing this BPA shall complete the attached VA 20939 Form (see Attachment 3: VA 20939 in Section

D) within five business days after award and provide copies of completed forms via e-mail to

Contracting Officer with cc to NWI COR.

Completion of Information Security Training (TMS 20939)

Contractor shall complete Information Security online training and sign Rules of Behavior from that training. Training information will be provided upon award by the VATR and shall be completed by time specified by VATR.

Invoicing Submissions

In addition to regulations set forth in FAR 52.212-4 (Contract Terms and Conditions – Commercial Items)

(g) “Invoice” and VAAR 852.232-72 (Electronic Submission of Payment Requests), Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of BPA. This ensures that closeout of BPA is in compliance with FAR 4.804-1(b).

VETS-4212 Reporting Requirement

As this solicitation/contract has the following clauses checked off in Section C, FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items), the completion of VETS-4212 reporting on an annual basis is required:

• FAR 52.222-35, Equal Opportunity for Veterans

• FAR 52.222-37, Employment Reports on Veterans

Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

Furthermore, Contractors with federal contracts valued over $150,000 in the past calendar year are required to submit VETS-4212 reports by between August 1 and September 30 of each calendar year.

Please note that verification of VETS-4212 reports will be done as part of determination of contractor responsibility for awarded contractor.

Documenting Performance

The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov.

https://www.dol.gov/agencies/vets/programs/vets4212 https://www.cpars.gov/

SECTION B.4 OTHER BPA TERMS AND CONDITIONS

Authorized Limits

Minimum and maximum orders allowable are set forth in FAR Clause 52.216 (Order Limitations) of BPA and are also listed here:

Minimum Order: $45,128 per BPA task order Maximum Order: $451,277 per BPA task order

Obligation of Funds

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized BPA task order actually issued and awarded under the BPA by the Contracting Officer. Task orders against BPA become a binding contract upon acceptance by the Contractor and award of task order by the CO.

Placement of task orders against the BPA is not guaranteed and is at the Government’s discretion.

Precedence

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. The Contractor's unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first BPA task order placed hereunder by a Contracting Officer. Failure of the Contractor to comply with any of the terms and conditions of the BPA and/or any BPA task orders placed hereunder may be cause for the cancellation of this BPA.

Cancellation of BPA

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance.

BPA cancellation does not release the Contractor from their duty to continue task order performance of a task order that is awarded prior to the cancellation of the BPA.

Ordering Authority

Only warranted Contracting Officers from Network 23 Contracting Office, Department of Veterans Affairs can issue task orders against this single award BPA.

Decline of Task Order Request

The Contractor shall notify by e-mail the Contracting Officer within one (1) business day of receiving task order for review/signature if Contractor is not able to provide services for period of performance specified in task order and thus, task order request is declined.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL MAY 2020

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10-01-2021 through 06-30-2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $95,668;

(2) Any order for a combination of items in excess of $95,668; or

(3) A series of orders from the same ordering office within 2 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in

Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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 and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

3. 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 on site 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, 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 all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for 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 such court orders or other requests to the VA contracting officer for response.

l. 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.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference

Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a

Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA

Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet

Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance…