SPE2DX14R0001.pdf

SPE2DX-14-R-0001 Page 2 of 152

TABLE OF CONTENTS

SOLICITATION SECTIONS & TITLE Page

Continuation of Blocks from the Standard Form 1449 4

Block 8, Offer Due Date/Local Time 4

Block 9, Issued By 4

Block 17a, Contractor/Offeror 4

Block 17b, Remittance Address 5

Block 19-24, Item No., Schedule of Supplies/Services, Quantity, Unit 5

CAUTION NOTICES

Contractor Code of Business Ethics 8

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block 27a)

Addendum to 52.212-4 9

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

Executive Orders—Commercial Items

52.212-9000 Changes—Military Readiness 17

Addendum Containing Supplementary Clauses in Full Text and by Reference 18

52.211-16 Variation in Quantity 18

52.252-2 Clauses Incorporated by Reference 23

252.209-

Subcontracting With Firms That Are Owned or Controlled by the

Government of a Terrorist Country

252.211-

Passive Radio Frequency Identification 23

52.211-9010 Shipping Label Requirements—Military Standard (MIL-STD)-129P 23

52.211-9014 Contractor Retention of Traceability Documentation 23

252.225-

Qualifying Country Sources as Subcontractors 23

52.232-17 Interest 23

52.242-13 Bankruptcy 23

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52.242-15 Stop Work Order 24

52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) 24

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SOW 29

SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors—Commercial Items, (by reference, see SF

1449, Block 27a)

Addendum to 52.212-1 112

52.212-2 Evaluation—Commercial Items 122

52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate I

Attachment to 52.212-3(f) or (g) 138

Addendum Containing Supplementary Provisions in Full Text and by

Reference

52.216-1 Type of Contract 145

52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 145

52.252-1 Solicitation Provisions Incorporated by Reference 146

252.209-

Disclosure of Ownership or Control by the Government of a

Terrorist Country

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned

Activities Relating to Iran—Representation and Certification

52.233-9000 Agency Protests 146

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Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: ___April 10, 2014; 3:00 PM EST._______________

2. Block 9

Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: ____SPE2DX-14-R-0001________ Opening/Closing Date and Time: ___April 10, 2014; 3:00 PM EST____________

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

DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: ___SPE2DX-14-R-0001_____________ Opening/Closing Date and Time: ___April 10, 2014; 3:00 PM 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.

Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer modifications/withdrawals to: (215) 737-9300, 9301, 9302 or 9303 Offers submitted to any other facsimile number shall not be considered for award.

3. Block 17a Offerors assigned Data Universal Numbering System (DUNS) Number:___________

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(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.)

Offerors assigned Contractor and Government Entity (CAGE) Code _____________

4. Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the

SF 1449.)

5. Blocks 19-24 Item No., Schedule of Supplies/Services, Quantity, Unit:

SCHEDULE OF SUPPLIES/SERVICES

Offeror’s proposed distribution fees shall be expressed as a percentage (%). It is mandatory for offerors to offer on all line items. Offerors may propose different distribution fees for each line item. A single Prime Vendor contract will be awarded.

PRIME VENDOR FLEET SUPPORT

LINE ITEM NO. 0001: REQUIREMENT:

DISTRIBUTION FEE FOR

WEB BASED/DMLSS DAY TO DAY

ORDERING REQUIREMENTS

FOB DESTINATION APPLIES

PAYMENT TERMS NET 30 DAYS

THE ESTIMATED SALES FOR EACH 30-MONTH PERIOD IS $16,500,000.00.

VENDOR IS TO PROPOSE DISTRIBUTION FEE ONLY, EXCLUSIVE OF PRODUCT

PRICE.

Line Item NO. Time Period Proposed Distribution Fee

0001AA

Initial 30-Month Base

Period

0001AB

1st 30-Month Option

0001AC

2nd 30-Month Option

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0001AD

3rd 30-Month Option

LINE ITEM NO. 0002: REQUIREMENT:

DISTRIBUTION FEE FOR

ENHANCED MILSTRIP REQUIREMENTS

FOB DESTINATION APPLIES

PAYMENT TERMS NET 15 DAYS

FAST PAY

THE ENHANCED MILSTRIP REQUIREMENT IS AN ALTERNATE EDI METHOD OF

ORDERING AND MAY BE USED IN LIEU OF WEB ORDERING AT THE DISCRETION

OF THE FLEET. THE ESTIMATED 30 MONTH SALES UNDER THE ENHANCED

MILSTRIP METHOD MAY NOT RESULT IN ADDITIONAL SALES. THEREFORE SALES

ARE INCLUDED IN THE $16,500,000.00 ESTIMATED WEB ORDERING SALES.

0002AA

0002AB

0002AC

0002AD

LINE ITEM NO. 0003: REQUIREMENT:

DISTRIBUTION FEE FOR ROUTINE

MILSTRIP REQUIREMENTS

FOB DESTINATION APPLIES

PAYMENT TERMS NET 15 DAYS

FAST PAY

ESTIMATED SALES FOR EACH 30 MONTH PERIOD IS $3,000,000.00.

0003AA

0003AB 1st 30-Month Option

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Period %

0003AC

0003AD

LINE ITEM NO. 0004: REQUIREMENT:

DISTRIBUTION FEE FOR HOSPITAL

SHIP ACTIVATION REQUIREMENT

FOB DESTINATION - PAYMENT

TERMS NET 30 DAYS

ESTIMATED SALES FOR EACH 30 MONTH PERIOD IS $1,500,000.00

(Based on an average of one, 1,000 bed level activation within a 30 month period).

1,000 bed level activation estimate: $1,500,000.00.

0004AA

0004AB

0004AC

0004AD

The guaranteed minimum for the base period and for each option period is $21,000,000.00 (if Government exercises the option). The overall contract maximum dollar value is $95 Million. Actual sales may be significantly more or less than the estimated annual dollar value which represents the Government’s forecast.

*See page 28,30,31 & (102 MILSTRIP) for a full explanation of Product Price.

**See pages 32,33 and page (103,104 MILSTRIP) for a full explanation of Total (delivered) Price.

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CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729- 3733). Contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

CONTRACT TYPE: The Government intends to award a Firm Fixed Price Indefinite Quantity Contract.

PURPOSE OF SOLICITATION: This contract will be the Pharmaceutical Fleet Prime Vendor fourth Generation (GEN-IV) contract. The Defense Logistics Agency Troop Support Medical Supply Chain is hereby soliciting offers to select a Prime Vendor to provide pharmaceutical products to the US Navy Fleet and USNS Hospital Ships Mercy and Comfort.

NON-PRICE/PRICE TRADE OFF: A Trade-off Source Selection Process using adjectival ratings will be conducted. Non-price factors are significantly more important than price.

As the non-price rating of offerors becomes more equivalent, price will become more important.

REVERSE AUCTION: This solicitation contains DLAD provision 52.215-9023 for Reverse Auction.

SUBCONTRACTING PLAN: All large business offerors must submit a Subcontracting Plan with its offer. Instructions for submitting the subcontracting plan are included in FAR 52.212-1. Contractors are required to report their 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 a provides agencies with access to analytical data on subcontracting performance. More information on eSRS can be found at DGPA 19.7:

http://www.dscp.dal.mil/contract/dgpa/dgpa/dgpa19.asp#dgpa19_705 and www.esrs.gov.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (SEP 2013) is incorporated in this solicitation by reference. Its full text may be accessed electronically at http://www.dscp.dal.mil/contract/dgpa/dgpa/dgpa19.asp#dgpa19_705 http://www.esrs.gov/

SPE2DX-14-R-0001 Page 9 of 152 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 are amended as indicated below:

1. 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.

2. Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code”.

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

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

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“Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the System for Award Management database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service.

The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active”.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014 )

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L.

108-77, 108-78).

(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:

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_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR

2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (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 (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting

Requirements (JUL 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV

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

____(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (11) [Reserved] ____ (12) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011)

(15 U.S.C. 644).

___ (ii) Alternate I (NOV 2011) of 52.219-6.

___ (iii) Alternate II (NOV 2011) of 52.219-6

____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003)

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(15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7 ___ (iii) Alternate II (MAR 2004) of 52.219-7

_X__ (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

_X _ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Jul 2013) of 52.219-9 _X_ (iii) Alternate II (Jul 2013) of 52.219-9 ___ (iv) Alternate III (JUL 2010) of 52.219-9

___ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C.

644(r)).

____(17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C.

637(a)(14))

_X_ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUN 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Representation (APR

2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012)(15

U.S.C. 637(m)).

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___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN2014) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.

4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010)

(29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C.

4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496).

_X__(34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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)).

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC

2007) (42 U.S.C. 8259b).

___ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging

While Driving (AUG 2011) (E.O. 13513).

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_ __ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a- 10d).

___ (40)(i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade

Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19U.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 (MAR 2012) of 52.225-3.

___ (iii) Alternate II (MAR 2012) of 52.225-3.

___ (iv) Alternate III (NOV 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (NOV 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items

(FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 225(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a)

___ (51)(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.

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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

___ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act –

Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) 29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or repair of Certain Equipment—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C.

351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.

13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (MAR 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31

U.S.C. 5112(p)(1)).

(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.

(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

SPE2DX-14-R-0001 Page 16 of 152 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 (JAN 2013)(E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007), (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

SPE2DX-14-R-0001 Page 17 of 152

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (NOV 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

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 Peace Keeping 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)).

SPE2DX-14-R-0001 Page 18 of 152

“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)).

Addendum

The following additional clauses are set forth in full text:

52.216-19 Order Limitations.

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 7days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 12 hours after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity.

INDEFINITE QUANTITY (OCT 1995)

https://acquisition.gov/far/current/html/52_216.html#wp1115057

SPE2DX-14-R-0001 Page 19 of 152

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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; provided, that the Contractor shall not be required to make any deliveries under this contract after the next business day following expiration of he contract.

(End of clause)

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 within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 10 years.

DFARS 252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance or delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued for the effective date of award through 30 months thereafter and three possible additional 30 month option periods.

SPE2DX-14-R-0001 Page 20 of 152

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) (1) If issued electronically, theorder is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government depoits the order in the mail or transmits by facsimile. Mailing includes transmittal by US Mail or private delivery services.

(3)Orders may be issued orally only if authorized in the schedule.

(End of Clause)

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

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Terrorist Country (DEC 2006) DFARS

252.211-7006 Passive Radio Frequency Identification (SEP 2011) DFARS

52.211-9010 Shipping Label Requirements—Military Standard (MIL-STD)-

129P (MAR 2011)

52.211-9014 Contractor Retention of Traceability Documentation (AUG 2012)

DLAD

252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012)

DFARS

52.232-17 Interest (OCT 2008) 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

SPE2DX-14-R-0001 Page 21 of 152

52.242-13 Bankruptcy (JUL 1995)

52.242-15 Stop Work Order (AUG 1989)

52.247-9012 Requirements for Treatment of Wood Packaging Material

(WPM) (FEB 2007) DLAD

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATERS

(FEB 2012)

FAR 52.209-9 PDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (FEB 2012)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

REVIEW (FEB 1999)

FAR 52.223-3 HAZARDOUS MATERIEL IDENTIFICATION AND MATERIEL

SAFETY DATA (JAN 1997)

DFARS 252.223-7001 HAZARDOUS WARNING LABELS (DEC 1991)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP2013)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

DFARS 252.204-7004 ALTERNATE A, SYTEM FOR AWARD MANAGEMENT (MAY

2013)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DLAD 52.211-9043 MEDICAL MATERIAL REQUIRING

REFRIGERATION (NOV 2011)

DLAD 52.247-9053 SHIPPING & MARKING INSTRUCTIONS FOR FROZEN,

REFRIGERATED, AND LIMITED UNREFRIGERATED

MATERIAL UNREFRIGERATED MATERIEL SHIPMENTS

(NOV 2011)

SPE2DX-14-R-0001 Page 22 of 152

DLAD 52.223-9000 MATERIEL SAFETY DATA SHEETS AND HAZARDOUS

WARNING LABELS (NOV 2011)

DLAD 52.211-9004 PRIORITY RATING VARIOUS LONG TERM CONTRACTS

(NOV 2011)

DLAD 52.211-9046 FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE

(NOV 2011)

DLAD 52.204-9001 ELECTRONIC ORDER TRANSMISSION (NOV 2011)

DLAD 52.213-9009 FAST PAYMENT PROCEDURE (NOV 2011) (MILSTRIP ONLY)

DLAD 52.212-9001 APPLICATION OF FAST PAYMENT TO PART 12

ACQUISITIONS (NOV 2011)

FAR 52.213-1 FAST PAYMENT PROCEDURE (MAY 2006)

[ X ] DLAD 52.215-9023 REVERSE AUCTION (JULY 2012) (applies when checked)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X__ 52.203-3 Gratuites (APR 1984) (10 U.S.C. 2207)

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses 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_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

(2) _X_ 252.203-7003, Agency Office of the Inspector General (APR 2012)(Section

6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).

(3) _X_ 252.205-7000, Provision of Information to Cooperative Agreement Holders

(DEC 1991) (10 U.S.C. 2416).

(4) _X_ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (Aug 2012)

(15 U.S.C. 637).

(5) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011)

SPE2DX-14-R-0001 Page 23 of 152

(15 U.S.C. 637 note).

(6)(i) ___252.225-7001, Buy American and Balance of Payments Program (DEC 2012) (41 U.S.C. chapter 83, E.O. 10582).

(ii)____Alternate I (OCT 2011) of 252.225-7001

(7) ___ 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) 10 U.S.C. 2533b).

(8) ___ 252.225-7009, Restriction on Acquisition of Certain Articles Containing

Specialty Metals (MAR 2013) 10 U.S.C. 2533b).

(9) __X_ 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) (10 U.S.C. 2533a).

(10) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools

(JUN 2005) (10 U.S.C. 2533a).

(11) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN

2011) Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) ___ 252.225-7017, Photovoltaic Devices (DEC 2012) (Section 846 of Pub. L.

111- 383).

(13)(i) _X_ 252.225-7021, Trade Agreements (Aug 2013) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ____ Alternate I (OCT 2011) of 252.225-7021

(iii) ____ Alternate II (OCT 2011) of 252.225-7021

(14) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.2779).

(15) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments

(APR 2003) (22 U.S.C. 2755).

(16)(i)___252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (DEC 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

(ii) _____ Alternate I (JUN 2012) of 252.225-7036

(iii) _____ Alternate II (NOV 2012) of 252.225-7036

(iv) _____ Alternate III (JUN 2012) of 252.225-7036

(v) _____ Alternate IV (NOV 2012) of 252.225-7036

(vi) _____ Alternate V (NOV 2012) of 252.225-7036

(17) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

SPE2DX-14-R-0001 Page 24 of 152

(18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-

417 and sections 831 and 832 of Pub. L. 111-383).

(19) _X_ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)

(Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(20) ___ 252.227-7013, Rights in Technical Data – Noncommercial Items (MAY 2013) if applicable, (see 227.7103-6(a)).

(21) ___ 252.227-7015, Technical Data -- Commercial Items (MAY 2013) (10 U.S.C.

2320).

(22) _ __ 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN

2012), if applicable (see 227.7102-4(c)).

(23) _X_ 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports (JUN 2012) (10 U.S.C. 2227).

(24) ___ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor

Personnel (NOV 2010) (Section 1038 of Public Law 111-84).

(25) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees

(SEP 2006) (Section 1092 of Public Law 108-375).

(26) _ __ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C.

2410).

(27) ___ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84).

(28) ___ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(29)(i)_X _252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C.

2631).

(ii)_X__ Alternate I (MAR 2000) of 252.247-7023.

(iii)___ Alternate II (MAR 2000) of 252.247-7023 (iv)___ Alternate III (MAY 2002) of 252.247-7023

(30) __ _ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

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(31) ___ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items clause of this contract (FAR 52.212-5), 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) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110- 417 and sections 831 and 832 of Pub. L. 111-383).

(2) 252.227-7013, Rights in Technical Data – Noncommercial Items (MAY 2013), if applicable (see 227-7103-6(a)).

(3) 252.227-7015, Technical Data – Commercial Items (MAY 2013), if applicable (see 227.7102-4(a)).

(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN

2012), if applicable (see 227.7102-4(c)).

(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

(NOV 2010) (Section 1038 of Public Law 111-84).

(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees

(SEP 2006) (Section 1092 of Public Law 108-375).

(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C.

2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

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DLA TROOP SUPPORT

PHARMACUETICAL FLEET PRIME VENDOR

STATEMENT OF WORK (SOW)

Scope: The contractor (Prime Vendor) shall distribute all of the products available through the DLA Troop Support (DLA-TS) Medical Pharmaceutical Prime Vendor (PPV) Program to the US Naval Fleet ordering customers, including the Hospital Ships USNS Mercy and USNS Comfort. All Pharmaceutical Program items, their sources and their manufacturing facilities must be FDA approved. A Firm Fixed Price Indefinite Quantity Contract will be utilized.

Small Business Utilization: If award is made to a large business concern, it must meet a minimum of 2.5% of its estimated contract value for the Overall Small Business Concerns Utilization for their contract. Compliance with this minimum floor percentage will be assessed via the Electronic Subcontracting Reporting System (ESRS) semi-annually and must be maintained throughout the life of the contract. This will be reported on the ESRS Summary Subcontract Report line 1a. Annually, the PV’s ability to meet this requirement will be included in the Contractor Performance Assessment Reporting System (CPARS) assessment.

Program items: are commercial National Drug Code (NDC) FDA approved pharmaceutical products which appear on a:

(i) Department of Veterans Affairs (DVA) Federal Supply Schedule (FSS)

(ii) DLA Troop Support Pharmaceutical Distribution and Pricing Agreement

(DAPA).

(iii) TRICARE Uniform Formulary (UF)

(iv) DOD National Contract

(v) DVA National Contract

(vi) DoD Blanket Purchase Agreement (BPA)

(vii) DLA Troop Support Pharmaceutical National Contract

(viii) Incentive Agreements

(ix) Prime Vendor Regional DAPA

All Program items are brand name specific or generic commercial products identified by a manufacturer’s commercial item description and conform to the manufacturer’s commercial specifications.

Medical Master Catalog (MMC): The Medical Master Catalog serves as the repository for all pharmaceutical program Items available for immediate sourcing to US Naval Fleet customers. It integrates and synchronizes daily product and price-related data updates from multiple sources and delivers actionable information to the customer. Key features of the MMC include: Real-time pricing data; complete and accurate data reflecting the

SPE2DX-14-R-0001 Page 27 of 152 commercial product identification; synchronized data between key transactional IT systems and automatic validation of pricing from pricing agreement to order acknowledgement.

At the time of contract award, the Government will provide the Pharmaceutical Prime Vendor (PPV) with an initial DAPA/FSS Product and Pricing data file. This initial file will consist of all applicable Program items listed above, with the exception of the PPV’s Regional DAPA items. The PPV will be required to transmit product catalog and pricing data back to DLA-TS which will include the information supplied by DLA-TS on the DAPA/FSS Product and Pricing data file as well as any items to be covered under the PPV’s Regional DAPA. DLA Troop Support will initiate a validation process to ensure product packaging and pricing are being loaded properly. After this file has been validated it will become known as the Medical Master Catalog for the Pharmaceutical Fleet Prime Vendor program.

DLA- TS will make available to the PPV an updated DAPA/FSS Product and Pricing data file on a daily basis. The PV shall download this file daily. The Contracting Officer will provide instructions to the PV on how to download the initial file as well as any daily update files that will be used over the life of the contract.

Section 1: Web Based Ordering (Fleet) & DMLSS Ordering (Hospital Ships)

A. Ordering Requirements

The US Navy Fleet hall be given access to PPVs on-line Electronic Order Entry

System (EOE) for the purpose of placing and receiving orders within specified geographical regions. The PPV shall have an operational Web-based ordering system, which the authorized US Naval Fleet ordering customers inclusive of submarines/ships/land based US Naval Fleet facilities and/or US Naval Fleet consolidation points under the contract can access in order to place their orders and receive confirmations. The web ordering site must be configured in such a way as to accept the unique 14 digit (alpha/numeric) requisition number submitted by each US Naval Fleet ordering customer on each order. Each contract/delivery order number will include 17 characters consisting of the 13 character contract number e.g.

SPM2DX15D0001, plus a four character supplementary delivery order number (alpha/numeric). These numbers are to be returned on the vendor’s 855 as required by DLA-TS’s Enterprise Business System standards. Both numbers must also be transmitted to the order packing slip. US Naval Fleet ordering customers will insert in each web order a unique requisition number which is comprised of the customer’s six digit alpha/numeric UIC/four digit numeric Julian date of order and four alpha/numeric digits. Delivery order numbers are a combination of alpha/numeric (the letters “I” and “O” will not be used), and shall be assigned by the PV’s ordering system for ships with an account. Main account holders will continue to assign delivery order numbers for identification purposes. Each web ordering account must have the ability to allow

SPE2DX-14-R-0001 Page 28 of 152 multiple users to build and view orders while at the same time restrict order placement to one user per account plus an alternate. For Hospital Ship DMLSS ordering the customer’s system will assign the contract and delivery order number at time of order placement.

B. Catalog Requirements

Prime Vendor catalog data is required to assist customers in product selection, to ensure Program items have accurate pricing and packaging information and to confirm that only program items are visible and available in the PPV product catalog. To achieve this, a Medical Master Catalog (MMC) will be created and will contain all “Program Items” provided by the PPV that have been validated against Government provided product and pricing data. Only items validated and in the MMC can be offered for purchase by authorized US Naval Fleet ordering customers under this contract.

US Naval Fleet ordering customers cannot procure items from the PPV that are not represented on the Medical Master Catalog (MMC).