Q--Salem VA Medical Center CBOC Emergent Pharmacy

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. Solicitation number VA246-14-Q-0798 is issued being issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-74 dated May 30, 2014. This is a 100% small business set aside an only qualified offerors may submit a quote; the associated North American Industrial Classification System (NAICS) code for this procurement is 524292, Third Party Administration of Insurance and Pension Funds, with a small business size standard of $30 Million. The contract line item number(s) and items, quantities and units of measure, (including option(s) are attached as the Schedule of Services. The Special Contract Requirements (attached) and VA Information and Information System Security Privacy Language (attached) will become terms and conditions of any contract resulting from this Combined Synopsis/Solicitation. Subcontracting Commitments - Monitoring and Compliance (Jun 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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(b) 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 compliance with the subcontracting commitments. Description of Requirements: Network Contracting Office 6 intends to award a firm-fixed-price contract with a contractor to provide First Fill/Emergent Fill Pharmacy Services for the Salem VA Medical Center Community Based Outpatient Clinics (CBOCs) and to provide financial management services to ensure reimbursement of emergent fill pharmacy benefits to VA Beneficiaries at the Salem VA Medical Center Community Based Outpatient Clinics (CBOC). The clinic locations are as follows: Danville CBOC 705 Piney Forest Road, Danville, VA 24540; Lynchburg CBOC 1600 Lakeside Drive, Lynchburg, VA 24501; Staunton CBOC 102 Business Way, Staunton, VA 24401; Tazewell CBOC 123 Ben Bolt Avenue, Tazewell, VA 24651; Wytheville CBOC 165 Peppers Ferry Road, Wytheville, VA 24382. The quantities specified in the Schedule are estimates only and are not purchased by this contract. Award shall be made to the offeror whose quotation offers the best value to the government, considering technical capability, past performance, socioeconomic status and usage, and price. The government will evaluate information based on the following evaluation criteria: (1) technical capability, meeting or exceeding the requirement, (2) past performance, (3) socioeconomic status and usage, and (4) price. The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) provisions and clauses are applicable to this acquisition and are available for view at: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/ FAR PROVISIONS: ADDENDUM 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: 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-5 Certification Regarding Responsibility Matters (Dec 2008) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offerors Representations and Certifications-Commercial Items (May 2014) 52.217-5 Evaluations of Options (Jul 1990) This procurement is being conducted under Commercial Items - FAR Sub-Part 13.5 Test Program for Certain Commercial Items where simplified acquisition procedures apply and the conduct of the procurement will be in accordance with Parts 12, 13 or 15 of the FAR or some combination thereof. Subpart 13.5 authorizes use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $6.5 million ($12 million for acquisitions as described in 13.500(e)), including options if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial items. Under this test program, contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure. The purpose of this test program is to vest contracting officers with additional procedural discretion and flexibility, so that commercial item acquisitions in this dollar range may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry (10 U.S.C. 2304(g) and 2305 and 41 U.S.C. 253(g) and 253a and 253b). Instructions to Offerors: This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technical acceptability of each offeror's quotations will be made. For those offerors, which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. While the Government will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgment is implicit throughout the evaluation process. The Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and provides the best value to the Government based on the results of the evaluation. The evaluation process will be accomplished as follows: (1) Technical Acceptability: Each offeror's technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the performance work statement and demonstrates a thorough knowledge and understanding of those requirements. Each offeror shall provide a technical proposal that demonstrates their ability to meet and provide the requirements of the performance work statement, including, but not limited to the following: " A network of pharmacies that have the authority to conduct the practice of pharmacy in accordance with all local, state, and federal guidelines and laws; " The capabilities to provide all of the prescription requirements, the prescriptions listed on the emergent drug list and provide generic drugs for prescriptions; " A system to meet the invoicing, billing, and reporting requirements; " A list of specified pharmacies located within 10 miles of each CBOC, specify locations of proposed licensed pharmacies within the prescribed radius or in the prescribed city/town to be utilized during the contract period --i.e., address, street, city, town, and county as applicable. An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotations evaluation. If an Offeror receives a technical rating of "Non-Acceptable" they will not be considered for award. Technical quotations shall be limited to no more than 25 pages in length, using a 12 point font and one inch margins. (2) Past Performance: Offeror shall identify all federal, state, and local government contracts as well as any private/commercial contracts of similar scope, size, complexity that are ongoing or have been completed within the last three years. List the following information for each contract: Company name, address, POC telephone and email; description of services performed, dates of contract performance, contract value. (3) Socio-Economic Status and Usage: Evaluation will be in accordance with VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. (4) Price: Quotations shall be evaluated, for award purposes, based upon the total price proposed for the basic requirements (basic award) and all options and other price-related issues. Unrealistically low or high prices, initially or subsequently, may be grounds for elimination on the basis that the offeror does not understand the requirement. The successful contractor must enter into a Business Associate Agreements (BAAs) mandated by the Health Insurance Portability & Accountability Act (HIPAA) and as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act. Failure to submit a complete offer may result in the offer being deemed technically unacceptable. VAAR Provisions 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (Dec 2009) 852.233-70 Protest Content/Alternative Dispute Resolution (Jan 2008) 852.233-71 Alternate Protest Procedure (Jan 1998) 852.270-1 Representatives of Contracting Officers (Jan 2008) 852.271-70 Nondiscrimination in Services Provided to Beneficiaries (Jan 2008) 852.273-74 Award Without Exchanges (Jan 2003) FAR Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/ 52.212-4 Contract Terms and Conditions- Commercial Items (May 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (May 2014). The following subparagraphs of FAR 52.212-5 are applicable: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)(Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). 52.222-3, Convict Labor (Jun 2003) (E.O. 11755). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-3 Continuity of Services (Jan 1991) 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $0.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of 6,900; (2) Any order for a combination of items in excess of 6,900; or (3) A series of orders from the same ordering office within one (1) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-21 Requirements (Oct 1995) Alternate I (Apr 1984) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of this contract. 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. 52.217-9 Option to Extend 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 30 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 five (5) years, six (6) months. VAAR Clauses 852.203-70 Commercial Advertising (Jan 2008) 852.203-71 Display of Department of Veterans Affairs Hotline Poster (Dec 1992) 852.215-71 Evaluation Factor Commitments (Dec 2009) 852.232-72 Electronic Submission of Payment Requests (Nov 2012) 852.237-70 Contractor Responsibilities (Apr 1984) State of Virginia All offers shall be received via email to Patricia Hoagland at contact@example.gov no later than 4:00 PM EST August 8, 2014. Late submissions shall be treated in accordance FAR 52.212-1(f) and will not be evaluated. All questions concerning this solicitation shall be addressed in writing via email to Patricia Hoagland, Contract Specialist, contact@example.gov and submitted in writing no later than 4:00 PM Eastern Standard Time July 29, 2014. No phone calls will be accepted. Any amendments to this RFQ will ONLY be available on the Federal Business Opportunities website (www.fbo.gov). Attachments: See attached document: Schedule of Services VA246-14-Q-0798. See attached document: Performance Work Statement VA246-14-Q-0798. See attached document: Special Contract Requirements VA246-14-Q-0798. See attached document: VA Information and Information System Security Privacy Language VA246-14-Q-0798. See attached document: Attachment 1 Emergent Drug List VA246-14-Q-0798. See attached document: Business Associates Agreement VA246-14-Q-0798. See attached document: Quality Assurance Surveillance Plan QASP VA246-14-Q-0798. See attached document: VHA Handbook 1108.05