United States - Q--VISN 4 Veterans Affairs Medical Centers and associated Community Based Outreach VA Clinics PHARMACY BENEFIT MANAGEMENT FIRST FILL SERVICES

Description

Added: Oct 23, 2019 12:47 pm

Sources Sought Note:

This notice is published in accordance with Federal Acquisition Part (FAR) Part 10, Market Research and FAR Part 15, Exchanges with Industry before Receipt of Proposal. This notice serves as a Sources Sought in support of market research and/or planning purposes only and does not constitute a solicitation. This notice is not a confirmation that the Government will contract for the items or services contained in the sources sought, nor is any commitment on the part of the Government to award a contract implied. This notice does NOT constitute an Invitation to Bid, a Request for Proposal, or a Request for Quote. The Government shall not pay and/or reimburse respondents and/or associates for any costs incurred to submit the requested information. All information received in response to this sources sought that is marked Proprietary will be handled accordingly.

The purpose of this sources sought is to seek capable and responsible sources interested in performing this service.  Responses will assist the Government with developing its acquisition strategy to include socio-economic set-asides.  If you believe there are ambiguities in the draft Statement of Work (SOW), please identify them.  Note that the Government will not answer questions about this requirement at this time.  Please answer the questions below, send your brief capability narrative and draft SOW feedback, if ambiguities exist, to Contract Specialist Mr. Bradley Fasnacht at bradley.fasnacht2@va.gov no later than 1100 AM E.S.T. 21 November 2019.

The results of this market research will assist in the development of (1) the requirement, and (2) the acquisition strategy (e.g., socioeconomic set-aside, full and open competition, etc.). VA assumes no responsibility for any costs incurred associated with the preparation of responses.

Suggested NAICS: 446110 (Pharmacies and Drug Stores)

Suggested PSC: 9340 (Medical Service/Pharmacology)

Open to suggestions from the market as to a more proper NAICS and/or PSC, as well as any potential GSA/FSS Schedule SIN categories.

If you are interested, please e-mail the following information:

Company Name.

Person of Contact (including telephone number and email address).

Socio-economic status (SDVOSB, VOSB, Woman-Owned, Other etc.).

Do you currently hold a government contract?

Contract Number?

Type of contract?

With whom (GSA, SEWP, etc )?

If GSA what Schedule and SIN?

Can your company provide the service listed at the Wilkes-Barre PA VAMC locations?

What NAIC and PSC code do you use for this service?

What Certifications, State and/or Federal, if any must you have to perform this service?

Please confirm that your firm s contract performance would be in compliance with the Limitations on Subcontracting as required by 13 CFR 125.6 and VAAR 852.219-74.

Please indicate in which clause your performance would be in compliance with: VAAR 852.219-10, VAAR 852.219-11, or FAR 52.219-14.

Please list all of your concerns, questions and ambiguities below. Questions will not be addressed directly but will be used my the Government in the event that this Sources Sought would move forward to solicitation.

STATEMENT OF WORK

FOR

PHARMACY BENEFIT MANAGEMENT FIRST FILL SERVICES

VISN 4 Veterans Affairs Medical Centers and associated Community Based Outreach VA Clinics

DESCRIPTION:

The Department of Veterans Affairs VISN 4 Veterans Affairs Medical Centers are seeking a Contractor to provide pharmacy benefit management first fill services.

Contractor shall fill first time prescriptions for VISN 4 VA patients seen at the associated Community Based Outreach VA Clinics (CBOCs/Clinics), VA Emergency Rooms, and other locations within VISN 4 VA Medical Center catchment areas (Attachment A) as required by the Department of Veterans Affairs.

The retail pharmacies will also provide medication counseling per Omnibus Budget Reconciliation Act of 1990 requirements (OBRA-90) and other applicable State practice requirements.

PLACE OF PERFORMANCE:

Altoona VA Medical Center:

James E. Van Zandt VAMC

2907 Pleasant Valley Road

Altoona, PA 16602-4305

Butler VA Medical Center:

VA Butler Healthcare

353 North Duffy Road

Butler, PA 16001-1138

Coatesville VA Medical Center:

Coatesville VA Medical Center

1400 Blackhorse Hill Road

Coatesville, PA 19320-2040

Erie VA Medical Center:

Erie VA Medical Center

135 East 38th Street

Erie, PA 16504-1559

Lebanon VA Medical Center:

Lebanon VA Medical Center

1700 South Lincoln Ave

Lebanon, PA 17042-7529

Philadelphia VA Medical Center:

Corp. Michael J Crescenz

3900 Woodland Ave

Philadelphia, PA 19104-4551

Pittsburgh VA Medical Center:

University Drive Campus

University Drive

Pittsburgh, PA 15240-1000

Pittsburgh VA Medical Center:

H.J. Heinz Campus

1010 Delafield Road

Pittsburgh, PA 15215-1802

Wilkes-Barre VA Medical Center:

Wilkes-Barre VA Medical Center

1111 East End Blvd

Wilkes-Barre, PA 18711-0030

Wilmington VA Medical Center:

Wilmington VA Medical Center

1601 Kirkwood Highway

Wilmington, DE 19805-4907

These services are also to include all VA Medical Center s and its corresponding Community Based Outreach VA Clinics (CBOCs/Clinics). This full list of all current sites are available in Attachment A.

Additional geographic areas may be added to this contract by mutual agreement, as services are needed for new CBOCs/Clinics in the service areas covered. Contract requirements and rates will be as stated in the proposal and subsequent contract.

SERVICES:

Contractor shall provide a list of potential pharmacies that fit the demographic requirements (within a to ten (10) mile radius of the CBOCs/Clinic and Emergency Departments listed in the attached). From this list, the VA will choose which pharmacies they would like to use for the services based on location, parking, and other Veteran convenience factors as determined by the VA Health Care System.

Throughout the contract, any additional pharmacy(s) requested by the Chief of Pharmacy or designee will be added, trained and eligible with no additional expense.

After a selection has been made, the Contractor shall create networks such that only the chosen pharmacies can be used for prescriptions from the providers authorized by the VISN 4 Veterans Affairs Medical Centers. The CBOCs/Clinics operating hours are normally 8:00 a.m. to 4:30 p.m. Eastern Standard Time, Monday-Friday, but can also include evening and weekend clinics, excluding federal holidays.

Federal holidays are:

New Year s Day, Martin Luther King Jr Birthday, President s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

In addition to the CBOC coverage, this contract will require services for the patients seen in the VA Emergency Department (up to 24/7-365 day a year services), virtual-telehealth, and other associated clinics where there is need to provide first fill services to optimize patient care.

As outlined above, the Contractor shall provide a list of potential pharmacies within a ten (10) mile radius of the VA Health Care locations noted in Attachment A. From this list, the VAMC will choose which pharmacies they would like to use for the services based on location, parking and other veteran convenience factors. The Contractor will coordinate training and implementation of designated pharmacies.

PERIOD OF PERFORMANCE:

This will be a twelve (12) month base contract with four (4) twelve (12) month option years.

The period of performance dates for this requirement have not been finalized.

PERFORMANCE REQUIREMENTS:

The Contractor shall be responsible for providing the following:

Prescription Fill Process:

Contract pharmacy will fill and dispense original prescriptions that are written by VA providers assigned to the VISN 4 VA Health Care System and CBOCs/Clinics. This process is only for new, urgent/emergent prescriptions. No refills or renewals are authorized. No more than a 14-day supply or single unit dose item such as inhaler or bottle of eye drops. The course of antibiotics will be delivered as full course.

Prescriptions to be filled will be presented to the contract pharmacy on a consult form for non-controlled substances. This form will have the certificate information which will include all legally required information, as well as, BIN and billing information listed at the top and the prescription information to follow. These forms will be used for each facility utilizing this system. These documents must be accepted by all participating facilities for any non-controlled prescriptions. If a hard copy prescription is provided, it will have a "wet" signature from the VA provider.

The VA maintains the ability to provide an electronic version of the form and prescriptions, this includes either electronic transmissions and/or faxing the required information. For any virtual telehealth prescriptions, this will be the primary mechanism to provide the form and prescription. For controlled substances (CII CV) the consult form will be accompanied by a hand-written prescription on VA Form 10-2577F. Verbal pharmacy orders may be received by the contractor to expedite urgent/emergent orders but require hard copy RX or electronic equivalent for reimbursement. A 10-25% audit may be required to ensure compliance.

The VA maintains Federal Supremacy over State law for prescribing controlled substances and does not need to comply with State specific forms or electronic entry method. The VA will issue written controlled prescriptions on the VA high security, tamper resistant, individually numbered VA Form 10-2577F, Security Prescription form. The successful Contractor may obtain a sample the VA Form from the COR.

VA has developed a list of prescription drug products that are pre-approved to be sent to contract pharmacy for veterans. This list is known as the Emergent Drug List" (EDL) and designates the days supply amount allowable for the given drug. The facility VAs will be responsible for updating, maintaining, and providing copies of the EDL to the Contractor. The EDL will generally be updated no more often than monthly in an attempt to minimize database maintenance efforts by the Contractor.

Prescriptions filled and dispensed through emergent fill contracts will be limited to medications of urgent or emergent need as determined by VA clinical staff and will follow safe and effective formulary management principles practiced within the VA. This may include adjudication of medications on a case-by-case basis as defined by local medical center procedure. VA will maintain an emergent drug list of medication the contractor may fill without prior authorization.

The VISN Pharmacy Executive or designee will email this emergent drug list to the Contractor at the time of contract award and provide updates to the list as necessary. There shall be a mechanism in place, provided by the Contractor, to provide real-time messaging and hard edits to the pharmacies in order to limit dispensed medications to the specified emergent drug list and to prevent medications that require prior authorization from being dispensed. Medications not on the emergent drug list will not be filled and dispensed without prior approval by authorized VA pharmacy personnel.

Non-emergent medications (i.e., any expendable stock/supply items [non-drug products], cosmetics, over-the-counter medications, nutritional supplements, vitamins or herbal supplements) as identified by not being on the provided VA EDL are not to be dispensed by the pharmacy.

Reimbursement shall be determined by the average wholesale price (AWP) discounted by the applicable Contractor percentage plus the applicable dispensing fee as specified on B.3 (Price Schedule). The total price charged to the VISN 4 VAs shall not exceed that AWP charged to the general public and shall not exceed the price charged by the Contractor s lowest third-party reimbursement plan. Contractor will provide monthly notification of AWP changes in product procurement that exceed 15% of original quoted AWP as part of formulary benefit management requirements. Contractor will provide AWP of top 100 drugs quarterly as well with utilization, overall costs, percentage of monthly utilization costs and provider data analysis.

Prescriptions shall be filled with generic drugs to the extent permitted by law. Generic drugs shall be dispensed if in the professional judgment of the pharmacist, the substitute product is available, safe, effective, and to the greatest extent possible, contains the same chemical ingredients of the same strength, quantity, and dosage of the brand name.

All generic products used must be in compliance with Federal and State requirements. Brand name drugs will only be reimbursed if no AB rated generic form of the drug exists in the market place.

AB rated means that drugs that have been proven to meet the necessary bioequivalence requirements through in vivo and/or in vitro testing compared to a reference standard that is currently approved. The contractor will adhere to VA standardized do not substitute list. AB is the most common designation. Drugs coded as AB under a specific product heading are considered therapeutically equivalent only to other drugs coded as AB under that heading. Thus, products in this category are considered to be generic drugs. However, an AB-rated product may carry an individual brand name. Under no circumstances may an AB-rated generic product use the patented brand name of the reference standard.

For recalls, the Contractor is expected to follow a standard policy, as well as State and Federal regulations, for notification of affected patients.  The Contractor will be fully responsible for this process.

VA beneficiaries, or their designee, will pick up their own prescriptions at the dispensing pharmacy. The prescription must be picked up by the patient, or their designee, and may not be mailed. Prescriptions may be hand delivered if the pharmacy offers that service at no cost to the VA. Prescription should be filled within two (2) hours with no more than a twenty-four (24) hour delay if necessary to obtain the drug. The pharmacy shall refer the patient to another VA approved pharmacy or contact vendor for assistance, if in the pharmacist s professional judgment, the delay in filling could compromise patient care. Veterans will not be charged a prescription or medication co-pay.

In the event of a circumstance that requires a telephone order to be taken, the Pharmacist taking the order shall Repeat the Order (also known as Read Back) to the prescriber and assure their concurrence with the repeated order. All changes or clarifications to a prescription order which required communication with the patient s provider shall be confirmed by REPEATING THE ORDER , the change or clarification, to assure accuracy.

If the contract pharmacy is having difficulty with any claim or any other situation, they will contact the contractor. The contract pharmacy will not contact employees of the noted VA. If it is determined that a claim for a non-EDL medication was not approved, the contract pharmacy will refer the Veteran to

contact their VA healthcare team or responsible provider.

Updates of providers (additions/deletions) will typically take from 24 to 48 hours, depending on when the changes are entered into the system and the system update cycle. However, the contractor will attempt to expedite the process whenever possible. A quarterly listing of all providers associated with the home facility, as well as the data associated with the prescribing rites, will be forwarded to home facility for review and confirmation and to assure no updates are required.

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

In addition to the Emergent Drug Formulary that each site will provide, the Contractor should provide authorized VA Pharmacy staff a toll-free number for medication pre-approval prior to the patient s arrival.

The VA may partner with local hospitals, clinics and other providers of medical care. In the event that these have a retail pharmacy location and/or provider(s) the VA authorized to provide care, then subsequent emergent prescriptions, the VISN 4 leadership will provide the names and locations to the Contractor. The process would mirror the above procedures but may require the addition of a new VA authorized prescriber and/or addition of a retail pharmacy to the network. This coverage would only apply if specifically granted by the VA in writing and may be patient specific.

Additionally, a VA site may choose to have the option of creating a separate, designated clinic which allows for the filling of prescriptions from both non-VA and VA providers in urgent situations in which the standard first fill process is not able to be followed.  This designated clinic will have a specific billing group number which allows for open retail pharmacy access, open provider network, and open formulary.  It will only be utilized after VA pharmacy management has given specific authorization on a case by case basis.  The VA pharmacy will provide the billing information directly to a retail pharmacy in these urgent situations and will also coordinate the transmission of a telephoned or faxed prescription. 

As part of continuing operations and meeting prescription needs, the VA may act based on a local, State, or Federal disasters or facility emergency. In a disaster situation, the VISN 4 Pharmacy could issue a message to the Contractor which would then be communicated by the Contractor to the network pharmacies, and if a patient presents with a prescription from a VA provider, that said prescription can be filled for up to a 30-day supply.

The VA maintains the ability to send prescriptions in to the retail pharmacy by hardcopy, telephone, fax or electronic equivalent during this time period and may allow open access to medications not covered under the EDL. While we believe this will be extremely rare, this flexibility is needed to meet our primary mission of caring for Veterans. Confirmation of current medications may be required to avoid deleterious events. Confirmation of prescribed medications may be made by contacting assigned VA Pharmacy.

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

Specific Requirements:

The contractor shall offer patients counseling from a Pharmacist for each prescription filled. Counseling offered shall be consistent with the State Board of Pharmacy requirements to ensure appropriate use and optimal outcomes from drug therapy. The counseling shall include, but is not limited to:

Name, strength, dosage form

Route of administration

Special directions and precautions

Common side effects and action required if side effects occur

Expectations and techniques for self-monitoring drug therapy

Action to be taken if a dose is missed

Proper storage

No refills

What the patient can expect from the medication

How to follow up and receive medication from VA Pharmacy.

Pharmacy hours shall be furnished by the contractor. The minimum allowable hours are Monday through Friday, 8:00 a.m. to 6:00 p.m. Pharmacy hours will preferably be each day from 8:00 a.m. to 9:00 p.m.

The contractor shall provide Licensed Registered Pharmacists who shall collect, synthesize, and interpret patient prescription, and disease data.

Checks for factual and potential drug related problems, including (but not limited to):

Therapeutic duplication

Drug-disease contraindications

Drug-drug interactions (including interactions with over the counter drugs)

Incorrect drug dosage

Drug/food interactions

Identify, clarify and resolve drug related problems with the prescriber and patient.

Be available to answer any drug related questions that a patient may have after the prescription is filled.

Treat all patients with dignity, courtesy and respect.

Waiting times for prescription dispensing shall be 30 minutes on average but shall not exceed one hour.

Government Responsibilities:

Government shall be responsible for quality assurance and monitoring of the contractor performance. This may include, but not limited to: Kickoff meeting, quarterly meetings and/or site visits. If quarterly meetings are required, this will be accomplished via teleconference. Contractor will be notified at least 10 days prior to the meeting.

The VAMC will provide contractor designee with all the provider names for each VA facility location and their respective DEAs that are being used (or will notify if a provider does not use a DEA). VA DEA numbers may be utilized for some providers at some locations; however, special identifiers must be provided to ensure no cross prescribing by wrong providers.

Reporting Requirements:

Contractor shall provide monthly summary (for each contracted Pharmacy or VA CBOC/Clinic) via encrypted email to VA Pharmacy Service detailing the following information for services provided:

Patient name and address

Medication name and strength

Quantity dispensed

NDC (National Data Code)

Prescription Number

Prescription Cost with change from previous month s cost

Prescriber Name

Days Supply

VA Location

Number of patients utilizing contract. All documents will be made available in excel

or CSV format and will be enabled to allow the end users to articulate and compile data.

Monthly reports must be sent electronically encrypted to the COR no later than the 14th of the following month.

Contractor will be available to provide quarterly telephone conference calls to review monthly reports, trends, provider data, prescription totals, etc.

Contractor will be available to provide a yearly in-person meeting or telephone conference call to review the prior fiscal year data. Contractor will provide verification, through local exercise participation or validated after action response report, of capability to mobilize and facilitate emergency pharmacy services due to disaster.

Quality Assurance

The contractor shall provide for quality control/performance improvement purposes the following information:

All medication errors and medication related incidents will be recorded and investigated and reported to the VA on a quarterly basis. Medication errors or events that result in required hospitalization, clinical intervention, or significant negative events will be reported to the VA immediately.

Customer complaints/suggestions/compliments shall be recorded and reported to the VA on a quarterly basis (or more frequently) if a significant problem occurs.

Billing Audits

Pharmacy Service at the VA facility shall review the monthly statements provided by the contractor regarding

fills at the local emergent fill pharmacies. Should the VAMC find discrepancies in the billing,

a request will be made by the VA to the contractor to provide a copy of the consult in question.

If the consult in question is not able to be produced within 10 calendar days, the contractor will adjust

the statement by the amount in question. This review process will only be available for 90 days

after the date of the prescription fill in question. Thus, the contract pharmacies will only be required

to keep the hard copies available for 90 days.

Labeling

All prescriptions must have proper auxiliary labels attached and appropriate counseling, Federally required medication guides and drug interaction sheets provided to VA beneficiaries.

Privacy Requirements

The contractor shall comply with the requirements of the Federal Privacy Act of 1974 (Public Law 93-579), HIPAA (Public Law 104-191), and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 83-255), as well as other statues

regarding confidentiality of patient information during and after the execution of this BPA.

The contractor and the contracted pharmacies shall keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized in writing and according to all applicable laws.

The contractor shall not store patient information on a mobile device. A verbal contact is sufficient to obtain prior authorization when needed. The contactor is prohibited from transferring Personnel Health Information (PHI) by fax or email to and/or from a VA facility.

The contracted pharmacies including subcontracted pharmacies that are authorized to fill prescriptions must agree to the following conditions:

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

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

The contractor shall report all adverse drug events reported by VA beneficiaries to the VISN 4 VA facility Health Care System Chief of Pharmacy, VA Contracting Officer, VA Contracting Officer s Representative (COR), and to the prescribing CBOC/Clinic provider, or Emergency Room provider.

Pharmaceutical services provided to VA beneficiaries shall meet all standards applicable to Medicaid recipients in the State where services are provided, and standards set forth in the current version of The Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

Licensing and Qualification Requirements

Pharmacies utilized by the contractor shall be in good standing with their respective State Board of Pharmacy in Pennsylvania, New Jersey, Delaware and Ohio.

Pharmacies utilized by the contractor shall have a current Drug Enforcement Administration (DEA) license, controlled substance license, and license from the respective State Board of Pharmacy.

Pharmacists Requirements:

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

Licensed in the States of Pennsylvania, New Jersey, Delaware and Ohio and in good standing with the State Board of Pharmacy.

Pharmacy Requirements:

Licensed pharmacy in the States of Pennsylvania, New Jersey, Delaware and Ohio

Current DEA, controlled substance license

Business Associate Agreement

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

As Contractor personnel will potentially have access to any patient information related to their performance of duties under this contract, Contractor shall make its personnel aware that any such information that they might become aware of during the course of their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with VISN 4 facility COR and pharmacists.

Records Management Records

The VAMC Records Manager has determined records management language shall be included in the contract. The aforementioned information is incorporated below.

Applicability: This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.  

Definitions: "Federal record" as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

includes Department of Veterans Affairs records. 

does not include personal materials.

applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs contract.

may include deliverables and documentation associated with deliverables.

Requirements:

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. 

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. 

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. 

Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy. 

The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract. 

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. 

The Department of Veterans Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Department of Veterans Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training.  All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take Department of Veterans Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. 

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] 

D.  Flowdown of requirements to subcontractors

The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. 

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Service Contract Act Requirements

Work performed by the following personnel related to Contractor and contract pharmacies is applicable to FAR Subpart 22.10 (Service Contract Labor Standards) and such shall follow U.S Department of Labor Wage Determinations:

12250 Pharmacy Technician

AWP Pricing Methodology

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

END OF STATEMENT OF WORK

Opportunity closing date

21 November 2019

Value of contract

to be confirmed