pdf_update_Bupropion_XL_solicitation.pdf

SOLICITATION NO. SPE2D2-15-R-0009 Page 2 of 62

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001AA

0001AB

0001AC

0001AD

0001AE

0002AA

0002AB

0002AC

0002AD

0002AE

0003AA

0003AB

0003AC

0003AD

0003AE

0004AA

0004AB

0004AC

0004AD

Bupropion XL 150MG

30 Count Bottle**

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

90 Count Bottle**

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

1000 Count Bottle

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

Two bottles of 500ea are being accepted as an alternate to one bottle of 1000ea. For CLIN 0003 offers shall include pricing for 884 bottles of 1000ea or 1768 bottles of 500ea.

500 Count Bottle

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

Bupropion XL 300MG

30 Count Bottle**

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

155,409

155,409

24,130

24,130

1,768

1,768

35,017

BT*

BT

BT

BT

BT

BT

SOLICITATION NO. SPE2D2-15-R-0009 Page 3 of 62

0004AE

0005AA

0005AB

0005AC

0005AD

0005AE

0006AA

0006AB

0006AC

0006AD

0006AE

90 Count Bottle**

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

1000 Count Bottle

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

Two bottles of 500ea are being accepted as an alternate to one bottle of 1000ea. For CLIN 0006 offers shall include pricing for 4,491 bottles of 1000ea or 8,982 bottles of 500ea.

500 Count Bottle

National Drug Code (NDC) ____-___-__

Base Year

Option Year 1

Option Year 2

*BT = One Bottle

** Package size is unit of use and is subject to Statement of

Work - “Preparation for Delivery” requirement.

***The quantities specified in the Schedule are estimates only.

Reference FAR 52.216-21 Requirements for additional details.

53,236

53,236

4,491

4,491

8,982

8,982

8,982

BT

BT

BT

Table of Contents

CONTINUATION OF SF 1449

CAUTION NOTICE

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014)

SOLICITATION NO. SPE2D2-15-R-0009 Page 4 of 62

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (APR 2015)

Contract Clauses Included by Reference

STATEMENT OF WORK

1. Background

2. Purpose and Objective

3. Purchase Compliance

4. Extent of Obligation

5. Contract Performance Date

6. Chargeback Agreements

7. Delivery

8. Transition Period

9. Contract Duration

10. Ordering and Acceptance of Orders

11. Initial Orders

12. National Contract Backorders

13. Product Registration

14. Preparation for Delivery

15. Labeling

16. Therapeutic Equivalence

17. Manufacturing Facilities

18. Recalls

19. Cost Recovery Fee and Submission of Quarterly Sales Reports

SOLICITATION PROVISIONS

52.212-1, Instructions to Offerors—Commercial Items (MAR 2015)

FAR 52.212-2 Evaluation Commercial Items (October 2014)

Appendix A: Pharmaceutical Prime Vendors

SOLICITATION NO. SPE2D2-15-R-0009 Page 5 of 62

CONTINUATION OF SF 1449

Block 9: Submission Instructions

› Address and Submit “mailed” offers to:

Defense Logistics Agency

Troop Support

Post Office Box 56667

Philadelphia, PA 19111-6667

Solicitation Number: SPE2D2-15-R-0009

Opening/Closing Date and Time: 05/26/2015 / 06/25/2015 03:00PM EST

› Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support

Business Opportunities Office

Bldg. 36, 2 nd

Floor, Room 2035

700 Robbins Avenue

Philadelphia, PA 19111-5092

Solicitation Number: SPE2D2-15-R-0009

Opening/Closing Date and Time: 05/26/2015 / 06/25/2015 03:00PM EST

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked

ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express

Mail, and USPS Certified Mail.

Block 17a: DUNS & CAGE

› Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

Block 17b: Remittance Address

(if different from Contractor/Offeror address in block 17a of the SF 1449.)

SOLICITATION NO. SPE2D2-15-R-0009 Page 6 of 62

CAUTION NOTICE

1. Reverse Auction Notification

This solicitation contains DLAD provision 52.215-9023 for reverse auction (RA). The

Government may activate this provision after timely offers have been received and evaluated.

Prior to doing so, the contracting officer will establish a competitive range, decide whether or not an RA will be conducted, and determine which offerors will participate in this event. Firms removed from the competitive range will be notified in writing prior to the Government conducting the RA.

The reverse auction vendor provides the tool/software that allows for the reverse auction. By submitting an offer, the offeror consents that the reverse auction vendor may have access to its submitted data for the purpose of the reverse auction. Reverse auction vendors are bound by confidentiality agreements.

2. Subcontracting Plan

All large business offerors must submit a subcontracting plan with their offer. Instructions for submitting the subcontracting plan are included in FAR 52.212-1. Contractors are required to report progress on subcontracting goals to the electronic Subcontracting Reporting System

(eSRS) twice a year. eSRS is an internet-based tool that streamlines the process of reporting on subcontracting plans and provides agencies with access to analytical data on subcontracting performance. More information on eSRS can be found at DGPA 19.7:

http://www.troopsupport.dla.mil/contract/dgpa/dgpa19.asp#dgpa19_705_7_p and www.esrs.gov.

CONTRACT CLAUSES

FAR 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):

FAR: https://www.acquisition.gov/far/index.html;

DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE DATE

FAR

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

APR 2014

FAR 52.227-1 Authorization and Consent DEC 2007

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

DEC 2007

FAR 52.232-17 Interest MAY 2014

FAR 52.242-13 Bankruptcy JUL 1995

FAR 52.242-15 Stop-Work Order AUG 1989 http://www.troopsupport.dla.mil/contract/dgpa/dgpa19.asp%23dgpa19_705_7_p file://phl1i218/paa0099/data/Omeprazole/www.esrs.gov https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

SOLICITATION NO. SPE2D2-15-R-0009 Page 7 of 62

FAR 52.246-16 Responsibility for Supplies APR 1984

DFARS

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992

DFARS 252.204-7004 Alternate A, System for Award Management FEB 2014

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the

Government of a Country That is a State Sponsor of Terrorism

DEC 2014

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2012

DLAD

DLAD 52.211-9014 Contractor Retention of Traceability Documentation AUG 2012

DLAD 52.216-9023 Additional Ordering Limitation APR 2008

DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) FEB 2007

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014)

Incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of

Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraph of 52.212-4 is amended as indicated below:

Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the

Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time during the term of the contract; 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.

https://www.acquisition.gov/far/index.html

SOLICITATION NO. SPE2D2-15-R-0009 Page 8 of 62

(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 years.

(End of clause)

FAR 52.212-9000 Changes – Military Readiness (NOV 2011)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a

Humanitarian or Peacekeeping Operation, as defined below, the Contracting Officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery.

If any such change causes an increase in the cost of, or the time required for performance, the

Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must assert its right to an adjustment within

30 days from the date of receipt of the modification.

“Contingency Operation” means a military operation that is designated by the Secretary of

Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or results in the call or order to, or retention on, active duty of members of the uniformed services under 10 United States Code (U.S.C.) 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or Peacekeeping Operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302(8) and 41 U.S.C. 259(d)(2)(B)).

FAR 52.216-21 Requirements (OCT 1995)

(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) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

SOLICITATION NO. SPE2D2-15-R-0009 Page 9 of 62

(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.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15

U.S.C. 657a).

SOLICITATION NO. SPE2D2-15-R-0009 Page 10 of 62

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

_X_ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

SOLICITATION NO. SPE2D2-15-R-0009 Page 11 of 62

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun

2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 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).

_X_ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

_X_ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) Deleted – applicable to service contracts only. [

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

SOLICITATION NO. SPE2D2-15-R-0009 Page 12 of 62

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

SOLICITATION NO. SPE2D2-15-R-0009 Page 13 of 62

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Contract Clauses Included by Reference

252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) (10

U.S.C. 2533a).

Administration Costs for Reprocurement after Termination for Cause

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and

Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

DLAD 52.212-9002 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders Applicable to Defense Acquisitions of Commercial Items (NOV 2014) The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

1. __X__FAR 52.203-3, Gratuities (APR 1984)

2. __X__DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

(SEP 2011)

3. __X__DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)

4. _____ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD

Officials (NOV 2011)

5. _____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)

6. _____ DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information

(NOV 2013)

7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation

Support Solicitation Offerors (FEB 2014)

8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation

Support Contractors (FEB 2014)

9. _____ DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB

2014)

10. __X__ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders

(DEC 1991)

11. _____ DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a

Terrorist Country (JAN 2009)

12. _____ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm

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13. __X__ DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011)

14. _____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

15. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation (JUL 2012)

16. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or

Pricing Data—Modifications—Canadian Commercial Corporation (OCT 2013)

17. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

18. _____ DFARS 252.215-7008, Only One Offer (OCT 2013)

19. __X__ DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT

2014)

20. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

21. _____ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

22. _____ DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (JAN

2014)

a. _____Alternate I (DEC 2010) of 52.225-7000

23. _____ DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2012)

a. _____Alternate I (JAN 2014) of 252.225-7001

24. _____ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

25. _____ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing

Specialty Metals (OCT 2014)

26. _____ DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals

Compliance Certificate (JUL 2009)

27. _____ DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)

28. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN

2005)

29. _____ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN

2011)

30. _____ DFARS 252.225-7017, Photovoltaic Devices (JAN 2014)

31. _____ DFARS 252.225-7018, Photovoltaic Devices—Certificate (JAN 2014)

32. _____ DFARS 252.225-7020, Trade Agreements Certificate (JAN 2005)

a. _____Alternate I (DEC 2010) of 252.225-7020

33. __X__ DFARS 252.225-7021, Trade Agreements—Basic (NOV 2014)

a. _____Alternate II (OCT 2011) of 252.225-7021

34. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

35. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP

2013)

36. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan

(SEP 2013)

37. _____ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR

2003)

38. _____ DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments

(APR 2003)

39. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or

Afghan National Police (SEP 2013)

40. _____ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

41. _____ DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments

Program Certificate (NOV 2012)

a. _____Alternate I (OCT 2013) of 252.225-7035

b. _____Alternate II (NOV 2012) of 252.225-7035

c. _____Alternate III (JUN 2012) of 252.225-7035 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm

SOLICITATION NO. SPE2D2-15-R-0009 Page 15 of 62

d. _____Alternate IV(NOV 2012) of 252.225-7035

e. _____Alternate V (NOV 2012) of 252.225-7035

42. _____ DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment

Program (DEC 2012)

a. _____Alternate I (JUN 2012) of 252.225-7036

b. _____Alternate II (NOV 2012) of 252.225-7036

c. _____Alternate III (JUN 2012) of 252.225-7036

d. _____Alternate IV (NOV 2012) of 252.225-7036

e. _____Alternate V (NOV 2012) of 252.225-7036

43. _____ DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (JUN 2005)

44. _____ DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005)

45. _____ DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed

Forces Deployed Outside the United States (MAY 2014)

46. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors

Outside the United States (MAR 2006)

47. __X__ DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)

48. _____ DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

49. _____ DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014b)

50. _____ DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN

2013),

51. __X__ DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports (JUN 2012)

52. _____ DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase

Card (DEC 2006)

53. __X__ DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

54. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency

Operations (MAY 2013)

55. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor

Personnel (JUN 2013)

58. _____ DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees

(JUN 2013)

57. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)

58. _____ DFARS 252.239-7018, Supply Chain Risk (NOV 2013)

59. __X__ DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012)

60. _____ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

61. _____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

62. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military

Operations (OCT 2010)

63. _____ DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the

Cost Bearer (JUN 2013)

64. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)

65. __X__ DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014).

a. _____Alternate I (APR 2014) of 252.247-7023.

b. _____Alternate II (APR 2014) of 252.247-7023

66. __X__ DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

67. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

68. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards –

Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous

Trade (NOV 2008) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm

SOLICITATION NO. SPE2D2-15-R-0009 Page 16 of 62

69. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011)

70. _____ DFARS 252.247-7028, Application for U.S Government Shipping

Documentation/Instructions (JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions

Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

1. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

2. DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014)

3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)

4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN

2013)

5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost

Bearer (JUN 2013)

7. DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014)

8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

STATEMENT OF WORK

1. Background

The Defense Logistics Agency (DLA), Directorate of Medical Materiel provides pharmaceutical products for the Department of Defense (DoD) to their customers through the Pharmaceutical Prime

Vendor program. The Department of Veterans Affairs (VA) provides pharmaceutical products to their customers as well as the Indian Health Service (IHS) and the Bureau of Prisons (BoP) through the VA Pharmaceutical Prime Vendor Program. Hereafter these programs are collectively referred to as the PPV. A prime vendor is an independent business concern that functions as a purchaser's primary source for specified classes of products and is responsible for the delivery of goods produced by various suppliers. As a part of the Pharmaceutical Prime Vendor Program, this solicitation will establish a national contract for the items listed in the schedule. The awardee consents to allow VA and DLA prime vendors to distribute the listed products at the prices established in a contract resulting from this solicitation.

2. Purpose and Objective

A contract resulting from this solicitation will establish a national supply source, in accordance with

FAR 52.216-21 Requirements, to provide the drugs listed in the schedule for purchase by DLA and

VA customers through the PPV. The annual usage for DLA, VA, BoP and IHS customers served through the Prime Vendor Programs is estimated in the Schedule of Supplies. The objective of the contract is to ensure availability and consistency of product and to obtain volume-based, committed use pricing.

3. Purchase Compliance

When placing orders with DLA, BoP, IHS or the VA, ordering activities will purchase their requirements from the selected contract holder for the items listed in the Schedule of Supplies section of this Solicitation through the DLA or VA prime vendors except when: (1) the contracted items is/are unavailable to meet the needs of the Government, (2) an alternate is requested by the prescribing healthcare provider, or (3) the contract holder does not participate in third party reimbursement programs, such as the Medicaid Rebate Program (#3 applies to IHS requirements only) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7028

SOLICITATION NO. SPE2D2-15-R-0009 Page 17 of 62

4. Extent of Obligation

The contractor shall provide the products specified in the schedule at the prices established to all eligible DoD, VA, BoP and IHS ordering activities.

5. Contract Performance Date

The contract performance date shall be 30 days (or sooner upon mutual agreement) after the date of contract award. This is the date the contractor shall be ready to fill PPV orders.

The contract prices shall be effective 15 days after the contract performance date. Before the contract performance date, the PPVs will begin placing orders with the contractor for delivery to multiple PPV distribution centers for distribution to the participants under this contract. See

Appendix A for the current list of PPVs. The contractor shall ensure that sufficient inventory of contract items awarded under this solicitation is available to ensure delivery to the PPV distribution centers within 15 days of the contract performance date. The national contractor will establish a business relationship with the PPVs to facilitate the sale of the items at a unit price no higher than the established contract price. The national contractor will notify the Contracting Officer within 10 days from receipt of award if an agreement cannot be reached.

6. Chargeback Agreements

Chargeback arrangements shall be coordinated between the prime vendors and the successful contractor. The Government is not obligated to become involved in or assume any responsibility for any financial disputes involved with such arrangements.

7. Delivery

The complete order quantity shall be delivered to the PPV within 15 days after receipt of order.

Other delivery requirements including but not limited to product quantities, time and place of delivery and method of delivery for products awarded as a result of this procurement action will be determined by the contract awardee and the prime vendors.

8. Transition Period

After the effective date a short phase-in period may be needed to convert patients and medical centers to the awarded products. Every effort will be made to begin transitioning as many patients as possible by the contract performance date.

9. Contract Duration

The contract resulting herein will be for a one year base and include four option years for a maximum of five years. The contract will not exceed five years.

10. Ordering and Acceptance of Orders

The contractor agrees to accept orders and provide items at the prices agreed to under this contract that are placed by Pharmaceutical Prime Vendors (PPVs) for use by medical treatment facilities, formularies, and eligible beneficiaries served by the DLA and VA PPVs. The Government reserves the right to delete ordering sites/activities which are current prime vendor customers during the effective period of this contract. In addition, the Government reserves the right to add Government pharmacies and ordering activities of agencies, which are not current PPV customers, during the effective period of this contract.

SOLICITATION NO. SPE2D2-15-R-0009 Page 18 of 62

11. Initial Orders

Each ordering agency (DoD, VA, IHS, and BoP) may place initial orders with their respective PPV contractors totaling up to 30% of the agency's stated estimated annual contract quantities, located in

Appendix B: Agency Annual Demand Projections, immediately upon the contract effective date.

Initial orders totaling up to 30% of each agency's stated estimated annual contract quantities may be placed by the PPV contractors with the national contract awardee of this solicitation to fulfill the initial order requirements.

12. National Contract Backorders

The ability of the DoD, VA, BoP, and IHS to provide quality healthcare to the patient population is severely impaired when a national contract product is not available due to backorders.

For purposes of this contract a backorder occurs when the PPV issues an order with the contractor and the complete order quantity is not delivered to the PPV within 15 days after receipt of order.

The contract awardee shall inform the contracting officer within four calendar days after a backorder occurs or is foreseen. In addition to informing the contracting officer of the backorder, the contractor shall provide an estimated date when the backordered product will be shipped, and may propose a solution to satisfy the Government’s needs for the contract items until the backorder is resolved.

If a backorder occurs, the Government may be required to acquire the same or similar items from other readily available sources and seek reimbursement for excess costs in accordance with FAR

52.233-1, Disputes or the remedies available under FAR 52.212-4 (m), Termination for cause.

13. Product Registration

Product information pertaining to all items offered under this solicitation must be registered with

RXNorm, First Data Bank and Medispan prior to the effective date of contract performance. Details on submitting this information can be found at the following links:

http://www.nlm.nih.gov/research/umls/rxnorm/ http://www.medispan.com/manufacturers-exchange.aspx http://www.fdbhealth.com/solutions/manufacturer-relations/

14. Preparation for Delivery

Preservation and packaging shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., involving shipment from the supply source to and from the receiving activity and shall conform to the applicable carrier’s rules and regulations.

All unit of use packaging (identified in schedule of supplies beginning on Page 2) must contain a child proof closure (safety cap) and a bottle with a minimum required size of 100cc volume. The safety cap must not exceed the diameter of the bottle. The bottle must have a cylindrical body and minimum of 5.75” circumference. The bottle must fit a label with dimensions of 5.25” x 2”. The

0.5” additional space is required to keep the bar code exposed and/or allow for the display of the expiration date and lot number. Sample pictures (bar code exposed) of how the label must fit the offered bottle are below:

http://www.nlm.nih.gov/research/umls/rxnorm/ http://www.medispan.com/manufacturers-exchange.aspx http://www.fdbhealth.com/solutions/manufacturer-relations/

SOLICITATION NO. SPE2D2-15-R-0009 Page 19 of 62

Glass bottles are not acceptable.

Tablets/capsules must be compatible with automated dispensing units (Baxter ATC Canisters, OptiFill, etc.).

15. Labeling

All pharmaceutical products provided under this contract shall include bar code labeling at the unit-of-use package level. The bar code labeling must be in a linear format that conforms to all GS1-128

(formerly EAN.UCC) or Health Industry Business Communication Council (HIBCC) Health

Industry Bar Code (HIBC) supplier labeling standards. The bar code symbology must comply with all GSI or…