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FBO DAILY ISSUE OF MAY 19, 2005 FBO #1270
SOLICITATION NOTICE

R -- SUBJECT MATTER EXPERT IN PHARMACEUTICALS

Notice Date
5/17/2005
 
Notice Type
Solicitation Notice
 
NAICS
541611 — Administrative Management and General Management Consulting Services
 
Contracting Office
Center for Health Care Contracting, ATTN: MCAA C BLDG 4197, 2107 17TH Street, Fort Sam Houston, TX 78234-5015
 
ZIP Code
78234-5015
 
Solicitation Number
W81K0405R0018
 
Response Due
5/31/2005
 
Archive Date
7/30/2005
 
Small Business Set-Aside
N/A
 
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested and a written solicitation will not be issued. Solicitation Number i s W81K04-05-R-0018 and is issued as a Request for Quotation (RFQ) for a non-services as a subject matter expert in pharmaceuticals, NAICS Code 541611. This RFQ documents and incorporates provisions and clauses in effect through Federal Acquisition Circular 2001-27. The solicitation is full and open. The contractor shall provide the DOD Pharmacoeconomic Center (PEC) on-site technical expertise and experience as a subject matter expert in pharmaceuticals in assisting the PEC Director and other PEC staff mem bers in formulary management, pharmaceutical procurement initiatives , and the development and maintenance of the Tricare Management Activity contracts for mail order and retail pharmacy services. DELIVERABLES: All deliverables must meet professional stan dards and meet the requirements set forth in contractual documentation. The contractor will be responsible for delivering all end items specified. The following items are deliverables which fall within the scope of this task: Reports: In addition to th e routine oral status reports as requested by the Director, additional reports may be requested as deemed necessary. PLACE OF PERFORMANCE: Work is performed at the offices of the DoD Pharmacoeconomic Center at Fort Sam Houston, Texas during normal busine ss hours as follow 0700 to 1600, Monday through Friday, excluding Federal Holidays, with one hour for lunch. The total number hours of performance in the schedule shall not be exceeded. No one will replace contract employee on holidays/leave days. At a mi nimum the contractor shall attend the Combined Forces Pharmacy Seminar and the annual meeting of the American Pharmacists Association. The contractor shall perform additonal travel as directed by the Director, DOD PEC. Government office space, office sup plies, computer equipment, telephone and reproduction facilities will be provided for work conducted at the governments facility. The following provisions apply to this acquisition: FAR 52-212-1, Instructions to Offerors-Commercial, paragraphs (d)(e)(h) and (i) are deleted in their entirety, with Addendum to FAR 52-212-1 as follows: Paragraph 52.212-1(b) is changed to read as follows: Replace paragraph (b) of FAR 52.212-1 with the following:(b) Submission of offers. Offerors shall submit proposals in two parts (Part 1 and Part 2), to the office indicated in Block 9 of the Standard Form (SF) 1449, Solicitation Offer and Award, to arrive no later than the date and time specified in Block 8, SF 1449. Part 1. Administrative (Original only). This part shall include the following: (a) Completed Standard Form (SF) 1449, Solicitation Offer and Award to include ORIGINAL SIGNATURE of a corporate offeror authorized to negotiate for the company. (b) Acknowledgement of all amendments, if applicable and terms of any express warranty. (c) Complete copy of OFFEROR REPR ESENTATIONS AND CERTIFICATIONS at FAR 52.212-3 that contains ORIGINAL SIGNATURES; FAR 52-212-2, Evaluation-Commercial Items, with Addendum to FAR 52-212-2 as follows: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. EVALUATION FACTORS: The following factors shall be used to evaluate offers: Factor 1. Technical Capability. Subfactor: Qualifications Factor 2. Past Performance. Subfactor: (a) Refer ences submitted by the offeror. Subfactor (b.) The Government may also consider any additional past performance information that is available to the Government. Offerors are reminded that while the Government may elect to consider data obtained from ot her sources, the burden of providing thorough and complete performance information rests with the offeror. Factor 3. Price. Factors 1 and 2, when combined are significantly more important than Factor 3. Subfactor 1(a.) is equal in importance to its fa ctor. Subfactors 2 (a.) and 2 (b.) are equal in importance. (b) Options. The government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the su ccessful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), wheth er or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award; FAR 52-212-3, Offeror Representations and Certifications-Commercial Items; 52-212-4, Contract Terms and Conditions-Commercial Items with Ad dendum to 52.212-4 to change Paragraph (c) and to add Paragraph (u) and Paragraph (w). Paragraph 52.212-4(c) is changed to read as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties. However , administrative changes such as change of the finance office, typographical or grammatical errors and other changes such as bimonthly payment to authorized Contractors as well as deobligation of excess funds, exercise of contract options, and the option t o extend the term of the contract, may be exercised unilaterally by the Government.Add 52.212-4(u):HOLIDAYS - The following is a list of legal federal holidays as referred to elsewhere in the contract: New Years Day, January 1st-Martin Luther King's Birth day, 3rd Monday in January; Washington's Birthday, 3rd Monday in February; Memorial Day, Last Monday in May; Independence Day, July 4th; Labor Day, 1st Monday in September; Columbus Day, 2nd Monday in October; Veteran's Day, November 11th; Thanksgiving Day , 4th Thursday in November; Christmas Day, December 25th. Add 52.212-4(w) as follows: HEALTH INSURANCPORTABILITY AND ACCOUNTABILITY ACT PRIVACY OF PROTECTED HEALTH INFORMATION (DEC 2002) a) Definitions. As used in this clause: Individual has the same m eaning as the term ``individual'' in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of the Gov ernment. Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501. Secretary means the Secretary of the Department of Health and Human Services or his/her designee.Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103 and 164.501. (a) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (b) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (c) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract. (d) The Contractor agrees to repor t to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. (e) The Contractor agrees to ensure that any agent, including a subContractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (f) The Contractor agrees to provide access, at the req uest of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (g) The Contractor agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time a nd manner designated by the Government. (h) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Go vernment, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Governments compliance with the Privacy Rule. ( i) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protecte d Health Information in accordance with 45 CFR 164.528. (j) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permi t the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, the Contract or may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule or the Department of Defens e Health Information Privacy Regulation if done by the Government: [List Purposes]. Specific Use and Disclosure Provisions. (a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management a nd administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of th e Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, the Con tractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor m ay use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government - Provisions for the Government to Inform the Contractor of Privacy Practice s and Restrictions. (a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures.(c) The Government shall notify the Contracto r of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.Permissible Requests by the Government - The Government shall not request the Contractor to use or disclose Pr otected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.Termination - a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination.- (1) I f this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below. (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or d estroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subContractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infe asible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infea sible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so lo ng as the Contractor maintains such Protected Health Information. Miscellaneous - (a) Regulatory References. A reference in this Clause to a section in the Privacy Rule means the section as in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the Effect of Termination provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with the Privacy Rule; 52.212-5, Contract Terms and Conditions Required to Implement Statutes of Executive Orders-Commercial Items, fill ins are 2(b)1, 2(b)7, 2(b)9, 2(b)14, 2(b)16, 2(b)17, 2(b)18, 2(b)19, 2(b)20, and 2(b(31); 52.217-8, Option to Extend Services, with addenda as follows: insert in paragraph (within 15 calendar days prior to expiration of the cont ract); FAR 52-217-9, Option to Extend the Term of the Contract; insert in paragraph: (a) 15 calendar days and (c) 60 months; FAR 52.237-3, Continuity of Services; FAR 52,252-2, Clauses Incorporated by Reference, DFARS 252.201-7000, Contracting Officers Representative; DFARS 252.204-7004, Required Central Contractor Registration; FAR 252.212-7000, Offeror Representations and Certifications-Commercial Items; DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Order s Applicable to Defense Acquisitions of Commercial Items; and DFARS 252.232-7003, Electronic Submission of Payment Requests. The U.S. Army Health Care Acquisition Activity, Center for Health Care Contracting intends to award a Firm Fixed Price Purchase Or der. The requirement is for the base period 1 June 2005 to 30 September 2005, with four 1-year options. The following Contract Line Items (CLINS) are applicable to this document. CLIN 0001, Period of Performance: 1 Jun 2005  30 Sep 2005, Qty: 1, Unit: Each, Unit Price:_____ Total Amount:_____; 1 Oct 2005  30 Sep 2006, Qty: 1, Unit: Each; Unit Price:_____ Total Amount:_____; 1 Oct 2006  30 Sep 2007, Qty: 1, Unit: Each; Unit Price:_____Total Amount:_____; 1 Jun 2007  30 Sep 2008, Qty: 1, Unit: Eac h; Unit Price:_____Total Amount:_____; 1 Jun 2008  30 Sep 2009, Qty:1, Unit: Each; Unit Price:______Total Amount:_____: Remarks: (1) Proposals shall include: (a) Technical; (b) A completed copy of FAR 52.212-3, Representations and Certifications; (c ) Past Performance (NOTE: Provide a minimum of three (3) references where the contractor has provided same or similar service within the last five years. Provide point of contact; telephone and fax numbers; and email address; (d) Complete Schedule of Pr icing (as above). (2) RFQs must be received by 31 May 2005 at 1:00 p.m. Central Standard Time and reference the RFQ number. Proposals in response to this RFQ shall be mailed to: Center for Health Care Contracting, 2107 17th St., Ste 68, Ft Sam Houston TX 78234-5068 ATTN: PRE-AWARD Halliday/Gentry. No faxed copies will be accepted. For information regarding this RFQ contact Lola Gentry at 210-221-4642 or Shirley Halliday at 210-221-4226 or by e-mail as follows:lola.gentry@AMEDD.army.mil or Shirley.Hal liday@AMEDD.army.mil and reference the RFQ number. A detailed copy of the Performance Work Statement is attached to this announcement.
 
Place of Performance
Address: Center for Health Care Contracting ATTN: MCAA C BLDG 4197, 2107 17TH Street Fort Sam Houston TX
Zip Code: 78234-5015
Country: US
 
Record
SN00809670-W 20050519/050517212500 (fbodaily.com)
 
Source
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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