36W79719R0001-0003004.docx

37W79719R0001 AMENDMENT 3

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 10-08-2019 003A4C Department of Veterans Affairs National Acquisition Center (003A4C4) Building 37 1st Avenue, One Block North of 22nd St.

Hines IL 60141 003A4C Department of Veterans Affairs OA&L National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141 To all Offerors/Bidders

36W79719R0001 09-10-2019

X X X

X Responses to questions received regarding this RFP are provided on the following pages.

PPV would like to understand if this order should be shipped as individual eaches or should be cancelled.

The consensus from the CMOP sites is to fill the order.

PPV would like to understand an estimate of the total number of non-wooden pallets received by the CMOP locations on a daily basis to ensure the response is modeled appropriately Not Applicable, offeror should comply with the solicitation requirement.

The information below does not specify the type of pallet only the number received.

52-78 pallets/day = 2-3 trucks per day at times.

78/day would be the max

supply and distribute all drug/pharmaceutical (Federal Supply Class 65) items and other contracted items dispensed under Government supply contracts. These items are sold under various Federal Supply Schedules (FSS), Blanket Purchase Agreements (BPAs), Basic Ordering Agreements (BOA) and VA National Contracts established under the Pharmaceutical Standardization Program (NCS).

Does the VA have products included within their stated formulary that are not actually manufactured by the contracted Vendor?

Many of our generic suppliers are not the manufacturer, for example Golden State, Major, and Avkare are all suppliers to the CMOP and do not manufacture the items supplied.

If WAC for contract products declines significantly, the VA would evaluate this situation when it arose.

The VA intends to continue to award national contracts in accordance with the terms and conditions of the subject solicitation.

0. the VA is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;

0. the VA would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;

0. the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror's proposal versus a competing proposal;

0. the executive agency has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency; and

0. the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.

It is also noted that multiple current and prior VA and DOD PPV contracts have used the lowest price technically acceptable source selection criteria successfully.

There is an emerging class of pharmaceuticals (CAR-T, cell or gene therapies) entering the market that are ultra-expensive (typically above $100,000 and often $500,000 or more) and have special handling requirements. For example, Kymriah, Yescarta, and Luxturna each have FSS prices in excess of $250,000. In the commercial market these drugs are typically sold with no negative distribution fee. Currently, these few products that are on the VA’s FSS contracts are identified as PPV-False on the VA’s website and the VA’s usage file indicates no purchases through the PPV. If this class of pharmaceuticals is included in the PPV program, even a limited number of sales could adversely impact the PPV contractor’s profits. Can the VA commit to purchase items in this class of pharmaceuticals at WAC (if included in the PPV) or otherwise keep its purchases of these ultra-expensive pharmaceuticals outside of the PPV?

No, VA cannot commit to purchase these drugs at WAC, because they are considered covered drugs as per Public Law 102-585. The statute establishes that these products must not be charged to the government at a price higher than the calculated as the federal ceiling price and that these products must be available on a Federal Supply Schedule contract. The PPV cannot charge more than the contracted price. It is up to the discretion of the manufacturer which drugs are available through the PPV versus other vendors, so that decision is also outside of the control of the VA.

5. WAC BASED PRICED GENERICS (WBPG)

PHARMACEUTICALS

DISCOUNT OFF PUBLISHED WAC

TOTAL AMOUNT (Total estimated annual purchases *1+proposed distribution fee)

Note: Optional Procurement

Proposed pricing for WBPG may be in the form of

(a) at published WAC, meaning there is no discount and no additional charge, (b) published WAC less a fixed percent, or (c) published WAC plus a fixed percent. The proposed pricing shall be indicated in the appropriate table in each Line Item. For price evaluation purposes, the estimated sales indicated for WBPG are considered WAC cost.

6. WAC BASED PRICED

GENERICS (WBPG) PHARMACEUTICALS

ESTIMATED PURCHASES UNDER NET 30DAYS

NET 30DAYS

DISTRIBUTION FEE DISCOUNT OFF PUBLISHED WAC

TOTAL AMOUNT (Total estimated annual purchases *1+proposed distribution fee)

Note: Optional Procurement

CMOP SITE QUESTIONS

on the same pallet

Percentage of full cases versus tote shipments

Percentage of refrigerated product vs ambient product:

*See additional information at the end of this amendment.

ATTACHMENTS:

· TP-90-1 Material Handlers training guide *The attached TP-90-1 Material Handlers training guide. Section 3.02, Page 36 (I-21) speaks to the responsibilities of the truck driver regarding unloading.

3-02. ENTERING COMMERCIAL VEHICLES

1. When drivers do their share and it is in the best interest of the Government, employees are encouraged to assist with unloading trucks, i.e., prearranging the stacking. However, employees should never be in the trailer without the driver. If drivers choose, they may use the services of lumpers (individuals who unload trucks) at their (the driver's) cost, in which case they are responsible for tailgate delivery. The transportation industry standard for truck delivery requires that drivers place freight at the tail of the trailer so the consignee can recover and remove it to a suitable location.

When freight is too large or bulky for a driver to handle, or when the weight of each piece is more than a driver would normally be expected to lift, it is the joint responsibility of the consignee and carrier to arrange sufficient equipment or power to perform unloading functions. One exception to this rule is when a contract is written stating the consignee is responsible for unloading the truck, i.e., Federal Prison Industries.

2. A pallet jack and pallets should be available for drivers to use to complete the tailgate delivery. Drivers can be required to place the loaded pallet on the loading dock but within 1 O feet of the trailer. A dock leveler or dock plate should always be in place for this purpose. For safety reasons, when powered equipment is used in a trailer, it may not be advisable for drivers to do more than assure the unitized load is properly positioned on the lift-truck to prevent damage. If they must first unitize a floor loaded shipment at the delivery dock, the number of packages, their sizes and weights, and the estimated delivery time should be considered before Government manpower is provided.

NOTE: Always chock rear wheels of tractor-trailer before entering vehicle with powered equipment.

3. Drivers who resist unloading for personal reasons, i.e., illness or injury, are still responsible to assist with unloading. They should be given a time limit to begin the unloading after which they may be turned away for interfering with the normal operation or other scheduled use of the dock. A rate of 10,000 pounds per hour as the work standard for unloading a floor loaded shipment should be used. Divide the shipment weight by 10,000 pounds to arrive at the standard unloading time. When evaluating package size and weight for their impact on the unloading time, adjust the standard 10,000 pounds per hour either upward or downward. A load that is at least 1 O percent or more floor loaded qualifies for additional time to unload and is not subject to the standard 2 hours for a palletized load. The point is to agree with the carrier about what is expected using these standardized work rates. If, for the convenience of the Government, employees need to work at a faster rate than drivers can be expected to, then employees may enter the trailer to work along side drivers. It is your responsibility to inform drivers of your expectations based upon standards and to monitor their performance as though they were part of your work force. When a delivery is being made, the carrier is on Government property and must follow Government work rules predicated upon industry standards familiar to the carrier.