SPE2D222D0142 P00001 Terms and Conditions.pdf
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- Attached to
- Febuxostat National Contract Federal contract opportunity
- Solicitation number
- SPE2D2-22-D-0142
About this file
This document is a contract modification for contract SPE2D2-22-D-0142 awarded by the Defense Logistics Agency Troop Support Medical to Golden State Medical Supply, Inc. on April 7, 2022. The modification removes certain estimated quantities, unit prices, and amounts for Febuxostat 40 MG and 80 MG tablets from the original contract schedule and replaces them with new estimates totaling approximately $7.27 million for Febuxostat 40 MG tablets and approximately $2.57 million for Febuxostat 80 MG tablets to be provided to DoD, IHS, and BOP over a five year period. Additionally, the modification clarifies that the VA is not obligated to purchase Febuxostat through this contract and will not utilize contract SPE2D2-22-D-0142. The contractor also provides an unconditional release of claims related to the government's conduct regarding this contract.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF30_SPE2D222D0142P00005.PDF Signed.pdf | ||
| Signed SPE2D222D0142 P00004.pdf | ||
| Febuxostat SPE2D222D0142 P00002 Option Year 1.pdf | ||
| Bilaterally Signed SPE2D222D0142 P00001.pdf | ||
| Bilaterally Signed Febuxostat Award SPE2D222D0142.pdf |
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Text version
1. Contract SPE2D2-22-D-0142 is hereby modified to remove the following estimated quantities, unit prices, and amounts indicated in the award:
19.
Item
No.
20. Schedule of Supplies/Services 21.
Estimated
Quantity
22.
Unit
23.
Unit
Price
24. Amount
00001
0001AA
0001AB
0001AC
0001AD
0001AE
00002
0002AA
0002AB
0002AC
0002AD
0002AE
Febuxostat 40 MG Tablets – 30 Count*
National Drug Code (NDC) 51407-0293-30
Base Year
Option Year 1
Option Year 2
Option Year 3
Option Year 4
Febuxostat 80 MG Tablets – 30 Count*
National Drug Code (NDC) 51407-0294-30
Base Year
Option Year 1
Option Year 2
Option Year 3
Option Year 4
*Package size is unit of use and is subject to
Statement of Work - “Preparation for Delivery” requirement.
**BT = One Bottle
-The quantities specified in the Schedule are estimates only. Reference FAR 52.216-21
Requirements for details.
96,509
109,716
109,716
41,631
41,631
BT**
BT
BT
BT
$98.69
$98.69
$98.69
$9,524,473.21
$10,827,872.04
$10,827,872.04
$4,108,563.39
$4,108,563.39
In place of the quantities, unit prices, and amounts contained in the schedule above, the following schedule is made part of the contract by this modification:
19.
Item
No.
20. Schedule of Supplies/Services 21.
Estimated
Quantity
22.
Unit
23.
Unit
Price
24. Amount
00001
0001AA
0001AB
0001AC
0001AD
0001AE
00002
0002AA
0002AB
0002AC
0002AD
0002AE
Febuxostat 40 MG Tablets – 30 Count*
National Drug Code (NDC) 51407-0293-30
Base Year
Option Year 1
Option Year 2
Option Year 3
Option Year 4
Febuxostat 80 MG Tablets – 30 Count*
National Drug Code (NDC) 51407-0294-30
Base Year
Option Year 1
Option Year 2
Option Year 3
Option Year 4
*Package size is unit of use and is subject to
Statement of Work - “Preparation for Delivery” requirement.
**BT = One Bottle
-The quantities specified in the Schedule are estimates only. Reference FAR 52.216-21
Requirements for details.
52,773
52,773
18,679
18,679
BT**
BT
BT
$137.84
$134.89
$129.98
$129.98
$137.84
$134.89
$129.98
$7,274,230.32
$7,118,549.97
$6,859,434.54
$6,859,434.54
$6,859,434.54
$2,574,713.36
$2,519,610.31
$2,427,896.42
$2,427,896.42
$2,427,896.42
The estimated quantity for this contract, contained in the new schedule, may be further broken down by agency:
DESCRIPTION PCK SZ
(BTL)
EST
QTY
(YR)
DoD
FEBUXOSTAT 40 MG TABLET 30 51,624
FEBUXOSTAT 80 MG TABLET 30 18,368
IHS
FEBUXOSTAT 40 MG TABLET 30 969
FEBUXOSTAT 80 MG TABLET 30 274
BoP
FEBUXOSTAT 40 MG TABLET 30 180
FEBUXOSTAT 80 MG TABLET 30 37
TOTAL
FEBUXOSTAT 40 MG TABLET 30 52,773
FEBUXOSTAT 80 MG TABLET 30 18,679
2. Notwithstanding any existing terms or language in Contract SPE2D2-22-D-0142, or in
Solicitation SPE2D2-21-R-0101, as amended, the Department of Veterans Affairs (VA) is not required or obligated to purchase its requirements for Febuxostat 40 MG Tablets – 30 Count or
Febuxostat 80 MG Tablets – 30 Count from Golden State Medical Supply through the VA’s
Pharmaceutical Prime Vendor Program. Clause FAR 52.216-21, Requirements, does not have and will not have any applicability for VA requirements, and Contract SPE2D2-22-D-0142 is not a “Requirements Contract” for the purposes of VA requirements for Febuxostat.
Additionally, notwithstanding any existing terms or language in Contract SPE2D2-22-D-0142, or in Solicitation SPE2D2-21-R-0101, as amended, the VA may not purchase its requirements for
Febuxostat 40 MG Tablets – 30 Count or Febuxostat 80 MG Tablets – 30 Count from Golden
State Medical Supply from the schedule in Contract SPE2D2-22-D-0142 through the VA’s
Pharmaceutical Prime Vendor Program. The VA will not utilize Contract SPE2D2-22-D-0142.
3. Golden State Medical Supply, on behalf of itself, its successors, and its assigns unconditionally releases, waives, remises, saves harmless and forever discharges the United
States, its officers, representatives, agents, military personnel, and civilian employees from any and all claims, disputes, liability, obligations, appeals, causes of action, demands, or requests for relief of every character, known or unknown, suspected or unsuspected, which are in anyway arising out of or related to the following two actions.
First, the Government’s conduct in regard to and/or under Contract SPE2D2-22-D-0142 and
Solicitation SPE2D2-21-R-0101, as amended, up to and including the date of the execution of this modification. The Government’s conduct in regard to and/or under Contract SPE2D2-22-D-
0142 and Solicitation SPE2D2-21-R-0101, as amended, includes, but is not limited to, the
Government’s purchase, or its lack of purchase, of product on the schedule for Contract
SPE2D2-22-D-0142, and the Stop Work Order issued by the Government on May 24, 2022. The term “Government” includes any agency or office of the United States Government, including, but not limited to, the Department of Defense, the Defense Logistics Agency, the Department of
Veterans Affairs, the Indian Health Service, and the Bureau of Prisons.
Second, the VA’s decision whether to utilize Contract SPE2D2-22-D-0142; the amount, timing, method, process, or scope of the VA’s usage; and the estimate of the VA’s requirements (or the lack there of) under Contract SPE2D2-22-D-0142 and Solicitation SPE2D2-21-R-0101, as amended. The waiver and release for the second action applies to the VA’s conduct at all times in the past, in the present, and indefinitely in the future.
4. All other terms and conditions remain the same.
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