; (ii) the unit-weighted average price under subsection (b)(2); (iii) the inflation-adjusted price under subsection (b)(3); (iv) the benchmark unit-weighted average price under subsection (c)(3); and (v) the new drug weighted average price under subsection (c)(4); and (B) the application of special rules for calculation of benchmark unit-weighted price and benchmark unit-weighted average price under paragraph (2) of this subsection. (f) Civil money penalty (1) In general The Secretary shall impose a civil money penalty on a manufacturer that fails to comply with the requirements under subsection (a)(2) with respect to providing a rebate for a rebatable covered part D drug for a rebate period for each such failure in an amount equal to the sum of— (A) the rebate amount determined pursuant to subsection (b) for such drug for such rebate period; and (B) 25 percent of such amount. (2) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (g) Rule of construction Nothing in this section shall be construed as having any effect on— (1) any formulary design under section 1860D–4(b)(3)