Veterans Affairs
PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. 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. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES 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 SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS63652-18-1-099-077836C24618Q029601-25-2018Barbara J. hawk757-315-396502-06-20180900 ESTDepartment of Veterans AffairsNetwork Contracting Office 6100 Emancipation DriveHampton VA 23667X100X424210250 EmployeesXN/AXDepartment of Veterans AffairsNetwork Contracting Office 6100 Emancipation DriveHampton VA 23667Department of Veterans AffairsNetwork Contracting Office 6100 Emancipation DriveHampton VA 23667 The Contractor Shall Submit PaymentRequest in Electronic Form VIA VA'sElectronic Invoice Presentment andPayment System: See Website At TX 78714-9971512-460-5540512-460-5540Contractor shall provide Pharmaceutical Management Servicesin accordance with the Performance Work Statement. Serviceswill be provided for the Charlotteville, FredericksburgNorth and South Community Based OutpatientClinic (CBOCs).652-3680160-099-822400-2631-010022400XXXBarbara J. HawkNCO616L2-4693Table of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc256000000 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc256000001 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc256000002 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc256000003 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc256000004 \h 5B.3 SCHEDULE OF SUPPLIES/SERVICES PAGEREF _Toc256000005 \h 5B.4 PERFORMANCE WORK STATEMENT PAGEREF _Toc256000007 \h 10B.5 SPECIAL CONTRACT REQUIREMENTS PAGEREF _Toc256000008 \h 16SECTION C - CONTRACT CLAUSES PAGEREF _Toc256000009 \h 34C.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc256000010 \h 34C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc256000011 \h 35C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc256000012 \h 35C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc256000013 \h 35C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc256000014 \h 35C.6 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) PAGEREF _Toc256000015 \h 36C.7 52.224-2 PRIVACY ACT (APR 1984) PAGEREF _Toc256000016 \h 36C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc256000017 \h 36C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc256000018 \h 36C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc256000019 \h 36C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc256000020 \h 37C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc256000021 \h 38SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc256000022 \h 39D1. QUALITY ASSURANCE SURVEILLANCE PLAN PAGEREF _Toc256000023 \h 39D.2 CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED PAGEREF _Toc256000024 \h 50D.3 PAST PERFORMANCE SURVEY PAGEREF _Toc256000025 \h 52D4. WAGE DETERMINATION PAGEREF _Toc256000026 \h 56D5. BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND PAGEREF _Toc256000027 \h 56SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc256000028 \h 62SECTION E – SOLICITATION PROVISIONS PAGEREF _Toc256000029 \h 62E.1 FORMAT OF OFFER AND BASIS OF AWARD PAGEREF _Toc256000030 \h 62E.1 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) PAGEREF _Toc256000031 \h 64E.2 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc256000032 \h 65E.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc256000033 \h 66E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc256000034 \h 67E.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc256000035 \h 68E.6 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc256000036 \h 68E.7 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) PAGEREF _Toc256000037 \h 68E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc256000038 \h 69E.9 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) PAGEREF _Toc256000039 \h 69SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 36C246 Barbara J. HawkDepartment of Veterans AffairsNetwork Contracting Office 6100 Emancipation DriveHampton VA 23667 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] 30 days in arrears 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.The Contractor Shall Submit PaymentRequest in Electronic Form VIA VA'sElectronic Invoice Presentment andPayment System: See Website At TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.B.3 SCHEDULE OF SUPPLIES/SERVICES The Department of Veterans Affairs Medical Center Richmond, Virginia has a need for the services of Pharmaceutical Services. VAMC reserves the right to terminate this task order with a 30-day written notice to the contractor in the event a permanent VA employee is hired or services are no longer needed.Base Year – February 13, 2018 through September 30, 2018Charlottesville CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT0001Dispensing Fees320/per monthEach0001AMedication (minus AWP discounts)320/per monthPrescriptions CostNTE $per monthNTE $ per yearFredericksburg North CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT0002Dispensing Fees457/per monthEach0002AMedication (minus AWP discounts)457/per monthPrescriptions CostNTE $per monthNTE $ per yearFredericksburg South CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT0003Dispensing Fees183/per monthEach0003AMedication (minus AWP discounts)183//per monthPrescriptions CostNTE $per monthNTE $per yearBASE YEAR TOTAL FOR CBOCs: Option Year 1 - October 1, 2018 through September 30, 2019Charlottesville CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT1001Dispensing Fees320/per monthEach1001AMedication (minus AWP discounts)320/per monthPrescriptions CostNTE $ per monthNTE $per yearFredericksburg North CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT1002Dispensing Fees457/per monthEach1002AMedication (minus AWP discounts)457/per monthPrescriptions CostNTE $per monthNTE $per yearFredericksburg South CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT1003Dispensing Fees183/per monthEach1003AMedication (minus AWP discounts)183/per monthPrescriptions CostNTE $per monthNTE $per yearTOTAL FOR OPTION YEAR 1 $Option Year 2 - October 1, 2019 through September 30, 2020Charlottesville CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT2001Dispensing Fees320/per monthEach2001AMedication (minus AWP discounts)320/per monthPrescriptions CostNTE $per monthNTE $per yearFredericksburg North CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT2002Dispensing Fees457/per monthEach2002AMedication (minus AWP discounts)457/per monthPrescriptions CostNTE $per monthNTE $per yearFredericksburg South CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT2003Dispensing Fees183/per monthEach2003AMedication (minus AWP discounts)183/per monthPrescriptions CostNTE $per monthNTE $peryearTOTAL FOR OPTION YEAR 2: $Option Year 3 - October 1, 2020 through September 30, 2021Charlottesville CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT3001Dispensing Fees320/per monthEach3001AMedication (minus AWP discounts)320/per monthPrescriptions CostNTE $per monthNTE $per yearFredericksburg North CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT3002Dispensing Fees457/per monthEach3002AMedication (minus AWP discounts)457/per monthPrescriptions CostNTE $per monthNTE $per yearFredericksburg South CBOCCLINITEM DESCRIPTIONESTIMATED QUANTITYUNIT OF ISSUEUNIT PRICEEXTENDED AMOUNT3003Dispensing Fees183/per monthEach3003AMedication (minus AWP discounts)183/per monthPrescriptions CostNTE $per monthNTE $Per yearTOTAL FOR OPTION YEAR 3: $TOTAL FOR BASE AND ALL OPTION YEARS: $ B.4 PERFORMANCE WORK STATEMENT Pharmaceutical Services SECTION 1 GENERAL:1.1. Under the authority of Public Law 104-262, 38 U.S.C. 8153 and Veterans Affairs Acquisition Regulation (VAAR) Part 873, the Contractor agrees to provide pharmaceutical benefits management products and services to VA Beneficiaries at the patients treated at the Charlottesville Community Based Outpatient Clinic (CBOC) 590 Peter Jefferson Pkwy, 2nd floor, Suite 250 Charlottesville, VA 22911, Fredericksburg North Community Based Outpatient Clinic (CBOC) 130 Executive Center Parkway, Fredericksburg, VA 22401) , Fredericksburg South Community Based Outpatient Clinic (CBOC) V 10401 Spotsylvania Ave., Suite 300, Fredericksburg, VA 22408, VA beneficiaries based out of Richmond Veterans Affairs Medical Center (VAMC), Richmond, VA 23249 may be approved for this benefit by the Pharmacy Chief, Richmond VAMC.1.1.2 Only new prescriptions will be filled unless refills deemed necessary are pre-authorized by the Chief, Pharmacy Service, or designee, Richmond VAMC.2. DEFINITIONS/ACRONYMS: AWP – Average Weighted Price CBOC- Community Base Outpatient Clinic CO: Contracting Officer: COR: Contracting Officers Representative CPRS: (Computerized Patient Record System) Electronic medical record system used to document patient services. NDC: National Drug Code VAAR: Veterans Affairs Acquisition Regulation VAMC: Veterans Affairs Community Center3. BACKGROUND INFORMATION:a.Unless otherwise pre-authorized, prescription fills will be limited to a maximum of a 14-day supply.b.Prescriptions will be filled for legend drugs listed in the Department of Veterans Affairs National Drug Formulary. A copy will be provided upon award to the contractor.c.Prescriptions filled under this contract will achieve the largest discounts available pursuant to contractor's agreements with its network pharmacies.d.Generic drugs will be dispensed whenever possible. A product is not considered a generic equivalent unless the strength, quantity, and dosage are the same as the brand name. The generic name must be displayed on all labels for all medications.e.The following drug products will be dispensed by brand name only: Lanoxin, Dilantin, and Synthroid. Warfarin (Golden State generic only) or brand name Coumadin will be dispensed.f.VA beneficiaries will utilize contractor's network of pharmacies. Contractor must be able to provide a minimum of one licensed pharmacy accepting its plan in Charlottesville, Fredericksburg North and South, VA.g.After an authorized pharmacy, has filled a prescription, the original order will be electronically transmitted to contractor. Contractor will capture all information required by the VA and provide the Richmond VAMC with such data monthly. In addition to the information contained on the prescription document, the date of filling, quantity provided, and prescription number will be provided. Contractor shall have at least one pharmacy within (5) miles of the Charlottesville, Fredericksburg North and South CBOCs.h.The contractor shall bill the Richmond VAMC, Richmond, VA. monthly for services rendered. The Richmond VAMC will randomly audit all billings. Pharmacies accepting payment through the contractor must make records available to the auditor in a timely manner at the location where dispensed. Only VA beneficiary patients are authorized to receive medications under this contract.j.All invoices will reference the following information:1.Contract number2.Patient Name3.Patient's social security number4.Prescription Number5.Name of medication and NDC number of dispensed drug6.Contractor's charge7.Valid purchase order number k.Pharmacies authorized to fill prescriptions under the contractor's plan accept 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 and per all applicable laws.2.VAMC representatives are authorized to visit the premises of any pharmacy filling VAMC prescriptions under the contractor's plan during business hours for auditing and evaluation, which may include the inspection of clinical records. 3.Contractor maintains a Drug Utilization Review system which proactively identifies for the pharmacist potential drug allergies and adverse drug restrictions. All adverse drug reactions will be reported by the pharmacist to the prescriber. 4.Medication therapy management 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.4. HOURS OF OPERATION:The normal duty hours for these services will be Monday through Friday from 7:00am until 9:00pm (Eastern Standard Time). This will allow the patients to be able to drop of their prescriptions at the pharmacy, have them filled, and pick up on the same day as their appointment at the CBOCs. No operations will be required to perform on weekends, federal holidays, or after the hours stated.5 .QUALIFICATION:a. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. b. Contractor must compliance with all HIPAA, Privacy Act, and VA Security and privacy directives and handbooks.c. Qualified personnel must be American citizens (or offer evidence of a green card). d. Contractor’s employee(s) shall be technically proficient in the skills necessary to fulfill the Government's requirements, to include the ability to speak, understand, read & write English fluently. e. Proof of Insurancef. Proof/certification that all persons are compared against and are not listed on the OIG excluded parties listg. The qualifications of such personnel shall also be subject to review by the Chief of Pharmacy services.6. CONTRACT REQUIREMENTSa.Schedule of Supplies/Services may be changed by written modification to this contract. he modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.b. Contractor shall provide scheduled services throughout the contract period. Other necessary personnel for the operation of the services contracted for services for the VA will be provided by the Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.c. The services to be performed by the contractor will be performed in accordance with VA policies, procedures and regulations of the medical staff by laws of the VA facility.d. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. The Contracting Officer and Contracting Officer's Technical Representative shall deal with issues raised concerning contract personnel's conduct. The final arbiter on questions of acceptability is the Contracting Officer. e. If the Contractor is involved and named in a validated patient complaint the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.f.VA Medical Center personnel shall brief Contractor on VAMC policies and procedures on the first scheduled duty day.g. Contractor rendering services is subject to professional or technical direction from the COR.h. The VA shall provide the Contractor the name, title, and telephone number of the COR at the time of contract award.i. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.j. The services to be performed by the contractor will be under the direction of the Chief, Pharmacy Service or his/her designee.7. CONTRACT QUALITY MONITORS:a. The following monitors will be implemented at the contract inception and be maintained indefinitely until it expires.b. To ensure The Contractor remains compliant with the terms of this contract, pharmacy will: 1. Review random samples (approximately 25% of all prescriptions dispensed by the Contractor and its subsidiaries) on a quarterly basis to confirm that they only fill prescriptions with medications that have been approved under the purview of this agreement. 2. Follow up on all patient/provider complaints regarding prescriptions being rejected. 3. Randomly select approximately 10% of prescriptions dispensed by the Contractor and its subsidiaries monthly from the list of prescriptions filled and verify that they are in fact for VA patients.B.5 SPECIAL CONTRACT REQUIREMENTS1. Under the authority of Public Law 104262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.a. The services specified in Section B. - Schedule of Supplies/Services may be changed by written modification to this contract. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.b. Contractor shall provide scheduled services throughout the contract period. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.c. If required providers must maintain current and active Drug Enforcement Agency (DEA) and provide copy of BLS certification to Contracting Officer Representative (COR) every two years.d. The services to be performed by the contractor shall be performed in accordance with VA policies, procedures and regulations of the medical staff by laws of the VA facility.e. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and Contracting Officer Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.f. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. If the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.g. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.h. The VA shall provide the Contractor the name, title, and telephone number of the COR at the time of contract award.i. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. Qualified personnel must be American citizens (or offer evidence of a green card). Contractor's employee(s) shall be technically proficient in the skills necessary to fulfill the Government's requirements, to include the ability to speak, understand, read & write English fluently. The qualifications of such personnel shall also be subject to review by the Chief of Pharmacy services.2. WORK HOURS:The services covered by this contract shall be furnished by the contractor as defined herein.? The following terms have the following meanings:(1)? Normal working hours:?Monday through Friday from 7:00 a.m. - 9:00 p.m. No weekend or holiday services are required to be provided.?(2)? Federal Holidays:? The 10 holidays observed by the Federal Government are:??????? New Year’s Day??????? Martin Luther King’s Birthday??????? President’s Day??????? Memorial Day??????? Independence Day??????? Labor Day??????? Columbus Day??????? Veterans Day??????? Thanksgiving??????? ChristmasAny other day specifically declared by the President of the United States to be a federal holiday.When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.Off Duty hours:? Hours other than those described in 2(b) (1).3. TERMS OF THE CONTRACT:The contract is effective February 13, 2018 through September 30, 2018. The contract is subject to availability of VAMC appropriations. The Contractor shall perform no services after September 30th each year until the contracting officer authorizes such services in writing. The contract is for one year with the option to exercise three, one year option periods.a. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in costs incurred thus thereof.b. The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority. 4. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES: a. In accordance with The Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. b. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a minimum and maximum Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against health care providers and entities that employ or enter contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.By signing the offer the Contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer was signed.5. MANAGEMENT AND SUPERVISION:a. The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.b. The Contractor shall have written policies and procedures regarding staff credentials. The VAMC will provide to the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the Contractor upon request and when policy procedures or process changes. d. The Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.6. RECORD KEEPING:a. Contractor’s employee(s) shall report to the COR or Administrative Officer, upon arrival at the VA Medical Center. VAMC personnel shall brief Contractor employee(s) on VAMC policies and procedures on the first scheduled duty day.b. The Richmond VAMC, Pharmacy Service Department, shall establish and maintain a record keeping system that will record the services performed by the Contractor’s employee(s). This recordkeeping system shall consist of time and attendance reports to ensure that required services have been received by the VA Medical Center. Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting officer.c. Documentation of services performed shall be reviewed prior to certifying payment. Contractor shall be present at the VAMC and shall be performing the required services as specified in the contract to receive reimbursement. The VAMC shall pay for services performed and in strict accordance with Section B, Schedule of Supplies/Services above. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.d. Contractor’s employee must complete daily shift and perform the required services as specified per the work schedule. The Contractor’s invoice shall be decreased accordingly and adjustments shall be made by subtracting the value of the schedule not performed (calculated based on number of hours not preformed).?? If the amount owed to the government exceeds the total amount due on the final invoice, the government will issue a claim for reimbursement to the Contractor for the difference.” e. Should the VAMC, in case of emergency, require services to be performed by the Contractor during non-work hours or on a federal holiday as described above, the VAMC shall be responsible for payment to the Contractor in accordance with the prices outlined in the Schedule.7. QUALITY ASSURANCE: a. The Contractor shall provide accreditations that meet or exceed the standards set by the Joint Commission on Accreditation of HealthCare Organizations (JCAHO). b. The Department of Veterans Affairs is allowed per public law 99-272 and 101-508, to seek reimbursement from health insurance carriers for the cost of medical care and treatment provided to veterans for their non-service connected conditions. The contractor may not bill any veteran or their health insurance carrier for care provided to a veteran while employed by or working under contract with the Department of Veterans Affair8. TORT CLAIMS:Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.9. AUTOMATIC DATA PROCESSING (ADP) SECURITY RESPONSIBILITIES:In performance of official duties, the Contractor’s employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor’s employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor’s employee(s) signs.10. COMPUTERIZED PATIENT MEDICAL RECORD SYSTEM: Contractor’s employee(s) shall document all patient services through Electronic Medical Record, and scanned into the VA Computerized Patient Record System (CPRS). All documentation must be accurate, complete, signed by attending physicians and submitted within 24 hours of electronic approval by the physicians. The record consists of a paper legacy system, with new records being scanned into CPRS by designated Contractor’s employees. Contractor shall designate a primary and alternate person who shall be scanning records into the CPRS system. Contractor shall provide the full names of those persons to the Contracting Officer Representative for training (if needed).11. CONFIDENTIALITY OF PATIENT RECORDS:a. The Contractor is a VA contractor and shall assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for VA records access and patient confidentiality, Contractor is a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.b. The records referred to above shall be and remain the property of the VA and shall not be removed or transferred from VA except in accordance with U.S.C. 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimant’s records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. 7332 (Confidentiality of Certain Medical Records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA’s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA): In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and do not require a Business Associate agreement for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract. The Contractor must adhere to all VA security policies and applicable confidentiality statutes, include 38 U.S.C. 5701, 38 U.S.C. 5705, 38 U.S.C. 7332, 5 U.S.C. 552a (Privacy Act), as well as 45 U.S.C. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act).13. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15(a) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.(b) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will be able to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public. (c) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at . The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.(d) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.(e) The following guidelines apply concerning your use of the past performance evaluation:(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason, you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.(f) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.(g) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.14. CONTRACTOR CERTIFICATIONCitizenship-related requirements. Contractor must return a signed certification as found in Section D of this?solicitation. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.15. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:a. All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.? 16. CONTRACTOR SECURITY REQUIREMENTS:All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.? 17. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE: 1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSa. 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 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.2. VA INFORMATION CUSTODIAL LANGUAGEa. 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 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 follow 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 during 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.3. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USEa. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, opstical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.h. 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, then;(a) 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 returnedphysically intact; and(b) 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.(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.4. SECURITY INCIDENT INVESTIGATIONa. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.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 VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.5. LIQUIDATED DAMAGES FOR DATA BREACHa. 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 Security and Privacy Incidents (SPI) the contractor/subcontractor processes or maintains under this contract 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. 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:(a) date of occurrence;(b) 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);(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; andNecessary legal expenses the subjects of an SPI data breach may incur to repair falsified or damaged credit are not included in the liquidated damages amount and will be handled as actual damages, which the contractor should anticipate as among the costs of doing business, and should consider in developing its cost estimates.6. SECURITY CONTROLS COMPLIANCE TESTINGOn a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. b. Training: All Contractor employees and contractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA networks:(1) Sign and acknowledge understanding of and responsibilities for compliance with the attached National Rules of Behavior relating to access to VA information and information systems;(2) Successfully complete VA Cyber Security Awareness training and annual refresher training as required;(3) Successfully complete VA General Privacy training and annual refresher training as required; and(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.Contractor shall provide to the COR a copy of the training certificates for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required. These online courses are located at the following web site: to complete this mandatory training within the timeframe required shall be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until the training is completed.17. BADGES: Contractor is required to wear I.D. badge during the entire time he/she is on VAMC grounds. I.D. badges MUST have an identification picture and shall be issued by VAMC.18. NO SMOKING POLICY: Except in designated areas, smoking is strictly prohibited.19. CONTRACT ADMINISTRATION DATA:The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred thus thereof. All contract administration functions will be retained by the Department of Veterans Affairs. After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:Barbara J. Hawk Contracting OfficerDepartment of Veterans Affairs Medical Center100 Emancipation DriveHampton, VirginiaPhone: (757) 315-3965Email: barbara.hawk@20. CONTRACTING OFFICER REPRESENTATIVE (COR):The Contracting Officer Representative (COR) for this contract shall beJoan Custalow (COR)Pharmaceutical ServicesHunter Holmes McGuire Department of Veterans Affairs Medical Center1201 Broad Rock BlvdRichmond, VA 22249Phone: 804-675-5000 ext 3472SECTION C - CONTRACT CLAUSESC.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by— (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for— (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.(End of Clause)C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.(End of Clause)C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.5 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): (End of Clause)C.6 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)C.7 52.224-2 PRIVACY ACT (APR 1984) FAR NumberTitleDate52.232-18AVAILABILITY OF FUNDSAPR 198452.237-3CONTINUITY OF SERVICESJAN 1991C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *__________________. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.* Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.* Amounts from paragraph (a) above: (End of Clause)C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD1. QUALITY ASSURANCE SURVEILLANCE PLANQUALITY ASSURANCE SURVEILLANCE PLANThe contractor shall be evaluated in accordance with the following QASP.For: Pharmaceutical Benefits ServicesContract Number: Contract Description: Charlottesville, Fredericksburg North and South CBOCs, Pharmaceutical Management servicesContractor’s name: 1. PURPOSEThis Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:What will be monitored?How monitoring will take place.Who will conduct the monitoring?How monitoring efforts and results will be documented.This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. Government Roles and Responsibilities The following personnel shall oversee and coordinate surveillance activities: a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.Contracting Officer: Barbara J. HawkOrganization or Agency: Department of Veterans Affairs, Hampton, Virginiab. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Assigned COR: Joan Custalow, Pharmacy Services, Richmond VAMC3. Contractor RepresentativesThe following employees of the contractor serve as the contractor’s program manager for this contract. a. Program Manager ______________b. Other Contractor Personnel _____________________ title(s) 4. Performance StandardsPerformance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The performance standards are listed below in Section 5. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). 5. Methods of QA Surveillance Various methods exist to monitor performance. The COR will use the surveillance methods listed below in the administration of this QASP. Where are disincentives? Do you have any? The columns should also identify where in the solicitation you have defined your measure.MeasuresPWS ReferencePerformance RequirementStandardAcceptable Quality LevelSurveillanceMethodIncentive/DisincentiveDispensed Drug Compliance to Formulary list. Background Information Section 2.bEnsuring only medication on the Formulary List is dispenseContractors will be held to the same standards as expected of full-time staff100%Random Sampling of monthly claimsOption to extend contract/Multiple infractions could result in termination of pliance with Confidentiality and HIPAAQualification Section 4.b Contractor must compliance with all HIPAA, Privacy Act, and VA Security and privacy directives and handbooks.HIPAA Privacy Act, VHAguidelines98%Direct observation, customer complaints, documentation provided bycontractorFavorable contactor performance evaluation/Immediate removal from contract.Patient prescription rejected script issuesContract Quality Monitors Section 6. b.2Follow up on complaints regarding prescriptions rejections.Contractors will be held to the same standards as expected of full-time staff100% Complaints receivedFavorable contractor Performance evaluation/Unfavorable contractor Performance evaluationPatient prescription eligibilityBackground Information Section 2.b.h10% of medications dispensed selected monthly to verify issue to VA patientsContractors will be held to the same standards as expected of full-time staff100%Random sampling of monthly claims detailFavorable contractor Performance evaluation/Unfavorable contractor Performance evaluationSubmission of InvoicesQualification Section 2. b.3All invoices shall be submitted electronically with supporting document as specified within the terms of the contract.Local Performance measures95%Periodic inspections, random sampling, customer complaints, direct observationsFavorable contractor Performance evaluation/multiple in-fractures could result in less than favorably CPARs evaluations.5. IncentivesThe Government shall use Exercise of Option Period and past performance as incentives. Incentives shall be based on exceeding, meeting, or not meeting performance standards. 6. Methods of QA Surveillance Various methods exist to monitor performance. The COR appointed in writing, will be responsible for monitoring contractor’s performance. The Contracting Officer’s Representative (COR), Monitoring of contractors time shall be managed by the head nurse or charge nurse. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. The COR will be responsible for monitoring the contractor’s performance to ensure all specifications and requirements are fulfilled. A record-keeping system of procedures will be maintained through the use of VA-based hospital computer system. These procedures used by the COR must be able to demonstrate through time and records that services called for in the contract have been received. The Administrative Officer or designee will review this computer data monthly. Any evidence of the Contractor’s non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. A summary evaluation of contractor performance, based upon the compliance of contract requirements as evidenced in the morningtoring procedures shall be forwarded by the monitoring official to the Contracting Officer prior to exercising any options to extend the contract. 7. RATINGMetrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:Exceptional:Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.Note: To justify an Exceptional rating, you should identify multiple significant events in each category and state how it was a benefit to the GOVERNMENT. However a singular event could be of such magnitude that it alone constitutes an Exceptional rating. Also there should have been NO significant weaknesses identified. VERY GOOD:Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.Note: To justify a Very Good rating, you should identify a significant event in each category and state how it was a benefit to the GOVERNMENT. Also there should have been NO significant weaknesses identified.Satisfactory:Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.Note: To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. Also there should have been NO significant weaknesses identified.MARGINAL:Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.Note: To justify Marginal performance, you should identify a significant event in each category that the contractor had trouble overcoming and state how it impacted the GOVERNMENT. A Marginal rating should be supported by referencing the management tool that notified the contractor of the contractual deficiency (e.g,. Management, Quality, Safety or Environmental Deficiency Report or letter).Unsatisfactory:Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.Note: To justify an Unsatisfactory rating, you should identify multiple significant events in each category that the contractor had trouble overcoming and state how it impacted the GOVERNMENT. However, a singular problem could be of such serious magnitude that it alone constitutes an unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g. Management, Quality, Safety or Environmental Deficiency Reports, or letters).8. DOCUMENTING PERFORMANCEa. ACCEPTABLE PerformanceThe Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action. b. UNACCEPTABLE performanceWhen unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines, formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor must present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. 9. Frequency of Measurementa. Frequency of Measurement.During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. b. Frequency of Performance Assessment Meetings.The COR or Service Chief shall meet with the contractor semi-annually to assess performance and shall provide a written assessment of the performance.After award, the COR shall sign this document._____________________________Signature – Contractor Program Manager___________________________________Signature – Contracting Officer’s RepresentativeCONTRACT DISCREPANCY REPORT1. CONTRACT NUMBER2. Report Number for this Discrepancy3. TO: (Contracting Officer)4. FROM: (Name of COR)5. DATES a. CDR PREPAREDb. Returned by Contractor:c. Action Complete6. DISCREPANCY OR PROBLEM (Describe in detail. Include reference to PWS Directive; attach continuation sheet if necessary.)7. SIGNATURE OF CORDate:8. SIGNATURE OF CONTRACTING OFFICERDate:9a. TO (Contracting Officer)9a. FROM (Contractor)10. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. (Cite applicable quality control program procedures or new procedures. Attach continuation sheet(s) if necessary.)11. SIGNATURE OF CONTRACTOR REPRESENTATIVEDate:12. GOVERNMENT EVALUATION. (Acceptance, partial acceptance, reflection. Attach continuation sheet(s) if necessary.)13. GOVERNMENT ACTIONS (Acceptance, partial acceptance, reflection. Attach continuation sheet(s) if necessary.)14. CLOSE OUTNAMETITLESIGNATUREDATEContractor notifiedCORContracting OfficerD.2 CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals; 1.1. Citizenship-related requirements. Each affected contractor employee as described in paragraph shall be: 1.1.1.1. A United States (U.S.) citizen; or 1.1.1.2. A national of the United States (see 8 U.S.C. 1408); or 1.1.1.3. An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151. 2. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. 3. If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach. 4. The Contractor agrees to obtain a similar certification from its sub-Contractors. Signature: ____________________________________________ Date: ____________________________________________ Typed Name and Title: __________________________________________ Company Name: ___________________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under U.S.C. 1001.D.3 PAST PERFORMANCE SURVEYPast Performance QuestionnaireThis form is used to evaluate the past performance and experience of a prospective medical service provider company. Please send this document to former clients for completion and have them send it directly to the person stated below:Completed form must be e-mailed prior proposal closing date to barbara.hawk@:Name of Contracting Officer: Barbara J. HawkSECTION I - Details of Company Being Evaluated1. Company Name:2. Service Provided:3. Number and type of Contracts:SECTION II - Details of Evaluator1. Evaluator’s Company:2.Evaluator’s Name:3.Evaluators Title:4.Evaluator’s Phone #:5.Evaluator’s Email:6. Start Date of Contract:SOURCE SELECTION INFORMATIONSEE FAR 2.101 and 3.104FOR OFFICIAL USE ONLYSECTION III - Customer Satisfaction/Quality of Service QuestionsRate the company’s product and service performance using the scale indicated for each question1. How would you rate satisfaction with the overall performance of this Company?3= Excellent 2= Very Good 1= Acceptable 0= Unacceptable FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 02. How would you rate the extent that the Company responded to and attempted to correct any concerns, issues, or problems that appeared during performance of your contract?3= Excellent 2= Very Good 1= Acceptable 0= Unacceptable FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 03. How would you rate the professionalism of the Company?3= Excellent 2= Very Good 1= Acceptable 0= Unacceptable FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 04. What percentage of time did the Company provide on time services in accordance with contract requirements?3= 90% of the time 2= 85-89% of the time1= 80-84% of the time 0= <80% of the time FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 05. If given an opportunity, how likely is it you would conduct business with this Company again?3= Very Likely 2= Likely 0= Not Likely FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 0Please provide an explanation of all unacceptable ratings and make additional comments as applicable on all ratings in Section III.SOURCE SELECTION INFORMATIONSEE FAR 2.101 and 3.104FOR OFFICIAL USE ONLYSECTION IV – Service Performance QuestionsRate the company’s product and service performance using the scale indicated for each question4 = Excellent3 = Very Good2 = Acceptable1 = Unacceptable0 = Not Applicable1. How would you rate satisfaction with the overall performance of the services provided? FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 02.Overall User Satisfaction with service: FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 03.Overall User Satisfaction with continuity of service: FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 04.Was the Monthly/Daily Effectiveness Level Consistently Met? FORMCHECKBOX YES FORMCHECKBOX NO FORMCHECKBOX Not Applicable5.Is this Primary Care Physician services? FORMCHECKBOX YES FORMCHECKBOX NOWas full range medical service capability required? FORMCHECKBOX YES FORMCHECKBOX NODid contractor meet established performance standards? FORMCHECKBOX YES FORMCHECKBOX NOPlease provide an explanation of all unacceptable ratings and make additional comments as applicable on all ratings in Section IV or give any other comments regarding your Medical Services.SOURCE SELECTION INFORMATIONSEE FAR 2.101 and 3.104FOR OFFICIAL USE ONLYSECTION IV - Closing CommentsPertinent comments regarding past performance of this company:SOURCE SELECTION INFORMATIONSEE FAR 2.101 and 3.104FOR OFFICIAL USE ONLYD4. WAGE DETERMINATIONThe DOL Wage Determination for the specific locality applies to this solicitation and any contract awarded is available at . Please note the listing below is not all inclusive wage determination of each area of performance. It is the contractor’s responsible to obtain and evaluate each wage determination locality. WD 15-4303 (Rev.-4) was first posted on on 08/01/2017 Charlottesville, VirginiaWD 15-4287 (Rev.-6) was first posted on on 08/01/2017 Fredericksburg North and South, VirginiaD5. BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND Purpose. The purpose of this Business Associate Agreement (Agreement) is to establish requirements for the Department of Veterans Affairs (VA) Veterans Health Administration (VHA) and in accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH) Act, and the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (“HIPAA Rules”), 45 C.F.R. Parts 160 and 164, for the Use and Disclosure of Protected Health Information (PHI) under the terms and conditions specified below.Scope. Under this Agreement and other applicable contracts or agreements, will provide services to, for, or on behalf of .In order for to provide such services, will disclose PHI to and will use or disclose PHI in accordance with this Agreement.Definitions. Unless otherwise provided, the following terms used in this Agreement have the same meaning as defined by the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information (PHI), Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.“Business Associate” shall have the same meaning as described at 45 C.F.R. § 160.103. For the purposes of this Agreement, Business Associate shall refer to , including its employees, officers, or any other agents that create, receive, maintain, or transmit PHI as described below.“Covered Entity” shall have the same meaning as the term is defined at 45 C.F.R. § 160.103. For the purposes of this Agreement, Covered Entity shall refer to .“Protected Health Information” or “PHI” shall have the same meaning as described at 45 C.F.R. § 160.103. “Protected Health Information” and “PHI” as used in this Agreement include “Electronic Protected Health Information” and “EPHI.” For the purposes of this Agreement and unless otherwise provided, the term shall also refer to PHI that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity or receives from Covered Entity or another Business Associate. “Subcontractor” shall have the same meaning as the term is defined at 45 C.F.R. § 160.103. For the purposes of this Agreement, Subcontractor shall refer to a contractor of any person or entity, other than Covered Entity, that creates, receives, maintains, or transmits PHI under the terms of this Agreement.Terms and Conditions. Covered Entity and Business Associate agree as follows:1. Ownership of PHI. PHI is and remains the property of Covered Entity as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate agreement is in place. 2. Use and Disclosure of PHI by Business Associate. Unless otherwise provided, Business Associate: A. May not use or disclose PHI other than as permitted or required by this Agreement, or in a manner that would violate the HIPAA Privacy Rule if done by Covered Entity, except that it may use or disclose PHI: (1) As required by law or to carry out its legal responsibilities; (2) For the proper management and administration of Business Associate; or (3) To provide Data Aggregation services relating to the health care operations of Covered Entity. B. Must use or disclose PHI in a manner that complies with Covered Entity’s minimum necessary policies and procedures. C. May de-identify PHI created or received by Business Associate under this Agreement at the request of the Covered Entity, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule.3. Obligations of Business Associate. In connection with any Use or Disclosure of PHI, Business Associate must: A. Consult with Covered Entity before using or disclosing PHI whenever Business Associate is uncertain whether the Use or Disclosure is authorized under this Agreement. B. Implement appropriate administrative, physical, and technical safeguards and controls to protect PHI and document applicable policies and procedures to prevent any Use or Disclosure of PHI other than as provided by this Agreement. C. Provide satisfactory assurances that PHI created or received by Business Associate under this Agreement is protected to the greatest extent feasible. D. Notify Covered Entity within twenty-four (24) hours of Business Associate’s discovery of any potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement, including any Breach of PHI. (1) Any incident as described above will be treated as discovered as of the first day on which such event is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. (2) Notification shall be sent to and and to the VHA Health Information Access Office, Business Associate Program Manager by email at VHABAAIssues@. (3) Business Associate shall not notify individuals or the Department of Health and Human Services directly unless Business Associate is not acting as an agent of Covered Entity but in its capacity as a Covered Entity itself. E. Provide a written report to Covered Entity of any potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement, including any Breach of PHI, within ten (10) business days of the initial notification. (1) The written report of an incident as described above will document the following: (a) The identity of each Individual whose PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, disclosed, modified, or destroyed; (b) A description of what occurred, including the date of the incident and the date of the discovery of the incident (if known); (c) A description of the types of secured or unsecured PHI that was involved; (d) A description of what is being done to investigate the incident, to mitigate further harm to Individuals, and to protect against future incidents; and (e) Any other information as required by 45 C.F.R. §§ 164.404(c) and 164.410. (2) The written report shall be addressed to: and submitted by email to and to the VHA Health Information Access Office, Business Associate Program Manager at VHABAAIssues@ F. To the greatest extent feasible, mitigate any harm due to a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate. G. Use only contractors and Subcontractors that are physically located within a jurisdiction subject to the laws of the United States, and ensure that no contractor or Subcontractor maintains, processes, uses, or discloses PHI in any way that will remove the information from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing. H. Enter into Business Associate Agreements with contractors and Subcontractors as appropriate under the HIPAA Rules and this Agreement. Business Associate: (1) Must ensure that the terms of any Agreement between Business Associate and a contractor or Subcontractor are at least as restrictive as Business Associate Agreement between Business Associate and Covered Entity. (2) Must ensure that contractors and Subcontractors agree to the same restrictions and conditions that apply to Business Associate and obtain satisfactory written assurances from them that they agree to those restrictions and conditions. (3) May not amend any terms of such Agreement without Covered Entity’s prior written approval. I. Within five (5) business days of a written request from Covered Entity: (1) Make available information for Covered Entity to respond to an Individual’s request for access to PHI about him/her. (2) Make available information for Covered Entity to respond to an Individual’s request for amendment of PHI about him/her and, as determined by and under the direction of Covered Entity, incorporate any amendment to the PHI. (3) Make available PHI for Covered Entity to respond to an Individual’s request for an accounting of Disclosures of PHI about him/her. J. Business Associate may not take any action concerning an individual’s request for access, amendment, or accounting other than as instructed by Covered Entity. K. To the extent Business Associate is required to carry out Covered Entity's obligations under Subpart E of 45 CFR Part 164, comply with the provisions that apply to Covered Entity in the performance of such obligations. L. Provide to the Secretary of Health and Human Services and to Covered Entity records related to Use or Disclosure of PHI, including its policies, procedures, and practices, for the purpose of determining Covered Entity’s, Business Associate’s, or a Subcontractor’s compliance with the HIPAA Rules. M. Upon completion or termination of the applicable contract(s) or agreement(s), return or destroy, as determined by and under the direction of Covered Entity, all PHI and other VA data created or received by Business Associate during the performance of the contract(s) or agreement(s). No such information will be retained by Business Associate unless retention is required by law or specifically permitted by Covered Entity. If return or destruction is not feasible, Business Associate shall continue to protect the PHI in accordance with the Agreement and use or disclose the information only for the purpose of making the return or destruction feasible, or as required by law or specifically permitted by Covered Entity. Business Associate shall provide written assurance that either all PHI has been returned or destroyed, or any information retained will be safeguarded and used and disclosed only as permitted under this paragraph. N. Be liable to Covered Entity for civil or criminal penalties imposed on Covered Entity, in accordance with 45 C.F.R. §§ 164.402 and 164.410, and with the HITECH Act, 42 U.S.C. §§ 17931(b), 17934(c), for any violation of the HIPAA Rules or this Agreement by Business Associate.4. Obligations of Covered Entity. Covered Entity agrees that it: A. Will not request Business Associate to make any Use or Disclosure of PHI in a manner that would not be permissible under Subpart E of 45 C.F.R. Part 164 if made by Covered Entity, except as permitted under Section 2 of this Agreement. B. Will promptly notify Business Associate in writing of any restrictions on Covered Entity’s authority to use or disclose PHI that may limit Business Associate’s Use or Disclosure of PHI or otherwise affect its ability to fulfill its obligations under this Agreement. C. Has obtained or will obtain from Individuals any authorization necessary for Business Associate to fulfill its obligations under this Agreement. D. Will promptly notify Business Associate in writing of any change in Covered Entity’s Notice of Privacy Practices, or any modification or revocation of an Individual’s authorization to use or disclose PHI, if such change or revocation may limit Business Associate’s Use and Disclosure of PHI or otherwise affect its ability to perform its obligations under this Agreement.5. Amendment. Business Associate and Covered Entity will take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the HIPAA Rules or other applicable law.6. Termination. A. Automatic Termination. This Agreement will automatically terminate upon completion of Business Associate’s duties under all underlying Agreements or by termination of such underlying Agreements. B. Termination Upon Review. This Agreement may be terminated by Covered Entity, at its discretion, upon review as provided by Section 9 of this Agreement. C. Termination for Cause. In the event of a material breach by Business Associate, Covered Entity: (1) Will provide an opportunity for Business Associate to cure the breach or end the violation within the time specified by Covered Entity; (2) May terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity. D. Effect of Termination. Termination of this Agreement will result in cessation of activities by Business Associate involving PHI under this Agreement. E. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate Agreement is in place.7. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement confers any rights, remedies, obligations, or liabilities whatsoever upon any person or entity other than Covered Entity and Business Associate, including their respective successors or assigns.8. Other Applicable Law. This Agreement does not abrogate any responsibilities of the parties under any other applicable law.9. Review Date. The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability and accuracy of the Agreement based on the circumstances that exist at the time of review.10. Effective Date. This Agreement shall be effective on the last signature date below.Department of Veterans Affairs Veterans Health AdministrationBy: By: Name: Name: Title: Title: Date: Date: SECTION E - SOLICITATION PROVISIONSSECTION E – SOLICITATION PROVISIONSADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.1 FORMAT OF OFFER AND BASIS OF AWARDFORMAT OF OFFER: All offers should be submitted by February 6, 2018 by 0900am (Eastern Standard Time) via email to Barbara Hawk at barbara.hawk@. Offerors are responsible for ensuring that their offers have been received. Failure to submit a complete quote will result in the quote being deemed technically unacceptable.Evaluation Criteria:Upon receipt of offers, the Contracting Officer will record the offers from low price to high on the Abstract of Offers.? Once offers are recorded, the C.O. will submit the lowest priced offer to the technical evaluation team for evaluation.? If the lowest priced offer is determined acceptable, the C.O. will make award.? If the lowest priced offer is determined unacceptable, the C.O. will forward the next lowest priced offer to the technical evaluation team.? This process will continue until the lowest priced technically acceptable offer is found and selection is madeAll offerors must meet as a minimal the following criteria. All documents will be submitted with the proposal. Proof of CitizenshipProof of Insurance.All offerors must complete and sign all documents listed in Section D, “Contract Documents, Exhibits, or Attachments” of the solicitation and submit all documents with the offer. If the offeror does not agree with the requirement of Section D of the solicitation, an award CANNOT be made. AWARD BASIS:The Government will award a firm fixed priced contract to the responsible offeror/offerors whose offer, conforming to the requirements in this request for proposal, will be most advantageous to the Government in price. The award will be made based on the following: Lowest Price Technical Acceptable and Past Performance.This requirement is a 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) only. However, if the requirement cannot be filled by a SDVOSB, the Government will consider the socio-economic status of the offeror in the following descending order of priority: Veterans-Owned Small Businesses; Woman Owned Small Businesses; 8(a)/HUB Zone; and Small Businesses. The following factors shall be used to evaluate offers:FACTOR A - PricePrice for this procurement will be evaluated as listed in the evaluation criteria.FACTOR B - Past Performance Offeror shall have demonstrated a commitment to customer service (i.e. timeliness and quality of services provided, quality of personnel delivered, resolution of conflicts and customer satisfaction) in the successful completion of placement requests similar to the requirement types outlined in this solicitation. Identify up to three (3) federal, state, local government, and/or private/commercial contracts of similar scope, size, complexity that are ongoing or have been completed within the last three years after issuance date of the solicitation. Reference information must be submitted in the following format:List the following information for each contract:Company Name and address; Description of services performed; Name, telephone number and e-mail address of responsible individuals who have first- hand knowledge of performance relative to the same type of services; Description of services performed; Dates of contract performance; Contract type (e.g. fixed-price, cost reimbursable) and total contract value. Past performance surveys are to be submitted directly to the Contracting Office from the evaluator. Past performance surveys submitted by the offeror will not be accepted.TECHNICAL QUESTIONS Offerors should submit all technical questions regarding this solicitation to the Contracting Officer in writing on or before January 30, 2018 by 10:00am (EST). No question will be accepted after January 30, 2018. Questions must be sent via e-mail to Barbara.hawk@. Please address your subject line as follows: Questions regarding 36C24618Q0296, Pharmaceutical Services. Telephonic (verbal) questions Will Not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the solicitation. Ensure all questions include the section of the solicitation from which they are being arrived instead of the page number. E.1 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) (a) Definitions. As used in this provision— "Person"— (1) Means— (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703–4, by submission of its offer, the offeror— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if— (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of Provision)E.2 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)FAR NumberTitleDate52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 2016E.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)E.6 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Clause)E.7 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision)E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)E.9 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals— (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation); (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.(End of Provision) ................
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