AMEND 0003 - SPM2DP08R0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

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

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

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

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0003 PAGE 2___

PAGE PARAGRAPH UPDATED WORDING

ADDENDUM

TO FAR

52.212-4

The following option clause is hereby added:

52.217-9 -- Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 3 days; 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.

(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 20 months.

(End of Clause) 85 14(a)(iv) a. PS – The PS shall maintain, at a minimum, a 97% fill rate for all orders.

85 14(a)

Note: The requirements of this acquisition’s SOW are subject to reasonable enhancements and incentives, as determined by the contracting officer. The contracts require, with limited specified excusable exceptions, that the PPV must sustain a constant 97% fill-rate. DSCP monitors monthly PPV’s performance via fill-rate-reports. In instances where inexcusable deficiencies are found, the contracting officer will require the PPV to remedy accordingly.

86 4(a)(v)

Fill-Rate Calculation (PS Only). The fill rate will be individually calculated on a monthly basis for each ordering facility and shall be based only on those products, ordered by a facility, for which the contractor has been authorized as a distributor.

The Fill-Rate requirement is predicated upon ordering activities providing the contractor with usage data as set forth in paragraph 5(e). The Fill Rate for each individual ordering facility shall be computed, but is exempt from the 97% minimum for that initial 60 day period. The Fill-Rate level will be calculated as follows:

Thru

23(d)

The following wording is hereby updated to read:

Detailed Monthly Fill-Rate Report (PS only).

In accordance with the fill rate formula cited in this SOW, the contractor shall furnish a monthly fill-rate report to each ordering facility indicating fill-rate percentages for the specific ordering facility. The report shall consist of two (2) worksheets and shall be provided to the four Service Representatives (Army, http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/17.htm#P180_29951

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0003 PAGE 3___

Thru

23(d)

Navy, Air Force, and Coast Guard) and to the DSCP Contracting Officer in electronic format. The points of contact and office codes for the Service Representatives will be provided at time of award.

The following format cannot be altered. DSCP’s intention is to have all fill-rate reports submitted in the exact same format.

The first worksheet entitled DOD Individual Customer Stats shall include the following information:

DOD PV CONTRACT

LOCATION

DISTRIBUTOR

CUSTOMER #

CUSTOMER

NET SALES

GROSS SALES

RAW SHIP

RAW ORDERED

RAW SL (%)

ADJ SHIPPED

ADJ ORDERED

ADJ SL (%)

SHORTED

MFGR B/O

MFGR DISCONT’D

DISTRIBUTOR DISCONT’D

RECALLED

NO USAGE

>150% NORMAL DEMAND

PARTIAL SHIP

MFGR DTG ISSUE (OCONUS Only)

Fill Rate Summary Report. The second worksheet entitled Fill Rate Summary Stats shall include the following information:

DOD PV CONTRACT

REGION

NET SALES

GROSS SALES

RAW SHIP

RAW ORDERED

RAW SL (%)

ADJ SHIPPED

ADJ ORDERED

ADJ SL (%)

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0003 PAGE 4___

Thru

23(d)

SHORTED

MFGR B/O

MFGR DISCONT’D

DISTRIBUTOR DISCONT’D

RECALLED

NO USAGE

>150% NORMAL DEMAND

PARTIAL SHIP

MFGR DTG ISSUE (OCONUS Only)

FAR 52.212-1

ADDENDUM 1

The following option clause is deleted in its entirety:

52.217-9P10 OPTION FOR REQUIREMENTS CONTRACT TERM

EXTENSION (MAY 2004) ALTERNATE II (APR 2004) DSCP

(a) Acceptance of the option provision(s)/clauses contained herein is mandatory.

Failure to indicate acceptance of the option by annotating the offeror's option Distribution Fee (percentage) and any Additional Charges (dollars) in the Schedule or elsewhere in the solicitation will be deemed non-acceptance of the option and will result in rejection of the offeror's entire bid/proposal.

(b) Offerors may offer options at Distribution Fee (percentage) and any Additional Charges (dollars) which differ from the Distribution Fee (percentage) and any Additional Charges (dollars) for the base ordering period. These Distribution Fee (percentage) and any Additional Charges (dollars) may vary with the quantities actually ordered and the dates when ordered.

(c) The contracting officer may extend the term of this contract by written notice to the contractor within the time specified in the Schedule provided that the contracting officer shall give the contractor a preliminary written notice of intent to extend at least 30 days before expiration of the contract. The preliminary notice does not commit the Government to an extension.

(d) Performance under the option period shall continue at the same performance level specified for the basic contract.

(e) The option to extend the term of the contract shall be exercised not later than three (3) calendar days before the expiration date of the contract.

(f) The option is deemed exercised when mailed or otherwise furnished to the contractor.

(g) If the contracting officer exercises this option, the extended contract shall be considered to include this option clause.

(h) The total duration of any options exercised under this clause shall not exceed 20 months.

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0003 PAGE 5___

FAR 52.212-1

ADDENDUM 1

(i) The following provisions apply only to negotiated acquisitions:

(1) If an option has been priced under this solicitation and is to be exercised at time of award of the basic contract, the submission of certified cost or pricing data shall be required prior to award where the combined dollar value of the basic contract and option exceeds $550,000, unless an exemption thereto is appropriate in accordance with FAR 15.403-1.

(2) Prior to the award of any contract which will contain one or more priced options totaling $550,000 or more, the submission of certified cost or pricing data covering the basic contract and the option(s) shall be required regardless of when the option(s) may be exercised, unless

52.217-9 -- Option to Extend the Term of the Contract.

DEFENSE SUPPLY CENTER PHILADELPHIA

DIRECTORATE OF MEDICAL MATERIAL

700 ROBBINS AVENUE,PHILADELPHIA, PA 19111-5092

DSCP-FSBB (A. Quinones/215-737-4149)

All other provisions, terms and conditions of the solicitation remain unchanged.