M5-Q50A-03-R7-0008000.docx

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Vivus, Inc. - contract award effective dates: 5/01/19 thru 4/30/24 Federal contract opportunity
Solicitation number
M5Q50A03R7
Issued by
Department of Veterans Affairs National Acquisition Center

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M5-Q50A-03-R7 0008 M5-Q50A-03-R7 0008.docx

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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 ADM

INISTRATIVE 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 d ate 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 3

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) 05-10-2019 003B6B Department of Veterans Affairs OPAL / National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141 003B6B Department of Veterans Affairs OPAL / National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141 To all Offerors/Bidders

M5-Q50A-03-R7 02-19-2014

X X X

X

Correction to Not e Regarding Prime Vendor Sales & Distribution and Pricing Agreements (DAPA)

This amendment is issued to incorporate corrections to “Prime Vendor Sales & Distribution and Pricing Agreements (DAPA)”, listed as a note to c ontract clause 552.238-74 Industrial Funding Fee and Sales Reporting (Jan 2016, Tailored). The language is being corrected to remove the exemption for DAPA sales and certain orders placed under the MSPV program. The revised version is titled “Notic e Regarding Schedule Sales”.

Please see page 2 for the text of both the old version (incorporated by Amendment 0006 under this solicitation) and the revised version of the not e.

M5-Q50A-03-R7, Amendment 0008 Continuation Page 2 of 2

REVISED VERSION:

NOTICE REGARDING SCHEDULE SALES (FEB 2019)

The following shall be reported as FSS sales and the IFF collected and remitted:

1) Task or delivery orders referencing an FSS contract number.

2) Orders placed under a Department of Defense Distribution and Pricing Agreement (DAPA).

3) Sales under Blanket Purchase Agreements (BPAs) awarded against FSS contracts.

4) Sales of items awarded under an FSS contract and shipped to the Pharmaceutical Prime Vendor that are ultimately sold to a Federal Government activity.

OLD VERSION IN SOLICITATION M5-Q50A-03-R8 (incorporated by M5-Q50A-03-R7 Amendment 0006):

Note: Prime Vendor Sales & Distribution and Pricing Agreements (DAPA) (Dec 2017) Sales of items awarded under an FSS contract to a Government prime vendor that are ultimately shipped to a Federal Government activity qualify as FSS sales; therefore, these sales must be reported as FSS sales and the IFF collected and remitted. This includes sales of items awarded on the VA Strategic Acquisition Center’s Med Surge Prime Vendor (MSPV) program via Blanket Purchase Agreements (BPAs) against FSS contracts. The following are sales that shall not be reported as FSS sales; therefore, an IFF subject to FSS contract terms and conditions shall not be collected and remitted: 1) orders placed under a Department of Defense Distribution and Pricing Agreement (DAPA), and 2) orders placed under the MSPV program when the orders are placed under an Indefinite Delivery type contract that was not solicited and awarded under FSS (i.e. as an open market procurement).

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