AMEND 0005 - 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 0005 PAGE 2___

*The following paragraph is hereby added to the Statement of Work:

25. Joint Plan & Program Division (JPPD) Support Requirements

(a) Purpose. The Government intends to use this contract as a mechanism for the acquisition of pharmaceutical items for assembly and kit building to respond to contingency, wartime, humanitarian operations, peacetime Department of State and Department of Defense customers by JPPD units. JPPD units will be the main ordering activities for the JPPD requirements.

(b) Procedures.

(i) The Pharmaceutical Prime Vendor (PPV) shall provide to the Contracting Officer, in writing, a point of contact (including telephone and email address) for the person(s) responsible for accepting JPPD orders. The PPV shall also notify the Contracting Officer, in writing, within two business days of any changes to this point of contact. As referenced in Paragraph 15, JPPD Orders will be placed through the Army Medical Department Theater Enterprise Wide Logistics System (TEWLS), Systems Application and Products (SAP) system via EDI 850 transaction code, or by email and will specify required delivery dates (RDD).

(ii) For JPPD units using TEWLS, the PPV will accept the RDD indicated on the customer’s EDI

850. Next day delivery does not apply to these orders. The PPV will generate a one-time confirmation (EDI 855) 10 days before delivery. The normal 2-hour confirmation does not apply to these orders. Item substitution for units using TEWLS should be done through email.

(c) Products---Master List of JPPD Bill of Materials. Following contract award, the PPV and JPPD units will establish a “Master List of JPPD Bill of Materials.” During the contract term, the Government reserves the right at any time to request the addition or deletion of items, or change the required quantities, of the Master List of the JPPD Bill of Materials. Upon notification of a change to the Master List of JPPD Bill of Materials, the PPV agrees to review the items and notify JPPD if these items are supportable or will recommend substitute items. JPPD and the PPV will work closely to ship out the approved Master List of JPPD Bill of Materials.

(d) Delivery Time frames

(i) Routine Orders. At the time of placement of a JPPD order, the customer will advise the PPV of the required delivery timeframe. Delivery timeframes may vary from order to order. In all cases, JPPD will allow the PPV a minimum of at least 60 calendar days from the time of order receipt to the time of delivery to the government-designated carrier.

(ii) Emergency Orders. Emergency orders will be processed as needed and will take priority over existing JPPD orders. Normal delays may occur for pending JPPD orders if an emergency order is requested. All shipments will be picked up and delivered to JPPD by the government designated carrier in sufficient time to arrive at the JPPD customer’s facility within 24 hours (+ or -) of the RDD.

(iii) Orders for Refrigerated Products. Refrigerated products will always be ordered under a separate call number by JPPD. For orders that contain refrigerated products the PPV will ship on

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0005 PAGE 3___

Mondays, Tuesdays and Fridays to ensure that refrigerated products do not arrive on the weekend. If a JPPD order contains refrigerated product that cannot be shipped by the RDD because this date falls on a non-refrigerated product ship day, the PPV must ship by the next allowable refrigerated product ship day. JPPD refrigerated orders must be shipped with Temptales. If Temptales are not available when the order is ready to ship, the designated timeframe and shelf life requirements will be calculated using the date the order is complete and ready to ship. HAZMAT materials fall under special shipping guidelines and may experience normal shipping delays. If the PPV has the order ready for shipment prior to the RDD, the PPV must coordinate with the JPPD unit to ship prior to the agreed RDD. The PPV will notify JPPD of calls sent for shipment via EDI transaction 856. At all times, the PPV and customer will work closely to meet JPPD’s requirements.

(e) Products.

(i) Expiration Date/Shelf Life. The PPV shall provide products bearing an expiration date/shelf life of at least 12 months. To ensure this, the PPV will contact the manufacturer to obtain the best possible dating for JPPD orders. If the requested items and/or required shelf life for these items are not available, the PPV will provide the requested items’ availability and/or recommend substitute items within two business days after receipt of the original JPPD Order.

(ii) Fill-Rate. The PPV shall provide a 100% fill-rate on each confirmed JPPD order. The PPV is required to provide status to JPPD via an EDI 855 transaction and an electronic copy of the spreadsheet containing the invoice details.

(iii) Scheduled/Controlled Substances. All schedule and controlled items are not permitted to be ordered through JPPD.

(f) JPPD Order Substitution. During the contract term, JPPD has the right to change required quantities of JPPD requirements. Once a JPPD order is confirmed by the PPV, the order cannot be deleted. The PPV is required to confirm receipt of the JPPD call lines via EDI transaction 855 within 24 hours of order receipt. If the requested items and/or required shelf-life for these items are not available, the PPV will provide the requested items’ availability and/or recommend substitute items within two business days. In turn, JPPD agrees to respond to the request for reduced shelf-life and/or item substitution within two business days. In this instance, the PPV is not required to confirm any orders until JPPD approves or declines the request for reduced shelf-life and/or item substitution. The PPV will not process any item until the entire JPPD order is confirmed. If an item on a JPPD order is not available and there are no substitutes available, JPPD will inform the PPV whether or not the order should be confirmed minus the item within two business days of the PPV’s notification. If a confirmed item on a JPPD order cannot be procured by the RDD, the PPV will coordinate with JPPD to remove the item from the order and ship it on another call number when the item is available.

(g) JPPD Order Item Preservation, Packaging, Packing, Labeling and Marking Requirements.

(i) Package & pack all JPPD orders in commercially standard shipping container(s) used for transport by land, sea or air carriers to protect from damage and breakage and ensure safe delivery.

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0005 PAGE 4___

(ii) A packing list will accompany each shipment, which will contain the nomenclature, NDC, call number, production order number or project code, unit of issue and total quantity.

(iii) Affix a Military Shipment Label (DD Form 1387 – white label) to each container when specifically requested by the ordering facility.

(iv) All JPPD orders will be wrapped with a different color plastic or tape than used for other orders. Markings on the outside of the plastic will include: JPPD, call number, and production order number or project code.

(v) In addition to the above label, the PPV may be required to affix one or more of the following Department of Defense Forms (DD Form) to the shipment depending on the nature of the products shipped. The ordering facility will identify any of the necessary forms.

DD Form 1384 “Transportation Control Movement Document (TCMD)” DD Form 1387-2 “Military Shipment Special Handling” Label DD Form 1502 “Frozen Medical Materiel” Warning Label DD Form 1502-1 “Chilled Medical Materiel” Warning Label DD Form 1502-2 “Perishable Materiel” Warning Label DD Form 1750 “Packing List”

(h) JPPD Order Verification. JPPD should verify all orders for completeness upon receipt. JPPD should sign for a shipment only if the pallet count received matches the pallet count on the shipping manifest. If the pallet count of a JPPD order is short, JPPD should indicate the pallet count shortage on the shipping manifest and notify the PPV. JPPD order discrepancy claims should be presented to the PPV within two business days of order receipt.

(i) Order Receipt. Provided the shipments are received within 24 hours (+ or –) of the required RDD, JPPD will inventory all shipments no later than 2 working days after receipt. If all shipments are received more than 2 days prior to the RDD, the shipment will be processed on the RDD. All shipping discrepancies related to incorrect items, item quantities or shipment packing conditions will be forwarded to the PPV immediately. All discrepancies will be investigated by JPPD and the PPV before orders are short paid.

(j) Distribution Fee.

(i) The Distribution fee for all JPPD orders will be 0.00%. This agreement is based on an annual JPPD ordering level of $4 million. If JPPD orders are less than $3 million during any government fiscal year (Oct. 1 through Sept. 30), the PPV reserves the right to negotiate an equitable change in the JPPD distribution fee. Conversely, if JPPD orders exceed $5 million during any government fiscal year, the Government reserves the right to negotiate an equitable change in the JPPD distribution fee. If a change is sought by either party, the requested change accompanied by supporting information and rationale must be submitted no later than 30 days from end of the prior fiscal year. The party receiving the request agrees to analyze the request and negotiate in good faith a revised distribution fee within 60 days from the change request.

Any new distribution fee agreed to will be effective on the date of a written bilateral modification to the contract. However, if during any fiscal year, JPPD orders are within $3

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0005 PAGE 5___

million to $5 million, the distribution fee assessed will automatically revert back to 0.00%. In this event, the reversion to 0.00% will be effective at the beginning of the next fiscal year (October 1).

(ii) The prices cited in the contractor’s on-line “price and product” catalog for JPPD will consist of the following:

(i) The price of the product itself $100.00

(ii) The contractor’s Distribution fee (0%) $ 0.00 Subtotal $100.00

(iii) DSCP CRR (28.9%) 28.90 Delivered Price $128.90

(EXAMPLE)

NOTE: References to “JPPD” include units indicated in Paragraph 15 from USAMMCE JPPD (WK4FV7);

Qatar (W90B0C); Korea (W904EE); and Japan (W904EG).

*A copy of FDA Authorization (Re-Importation of Drugs) dated 11/6/1997 can be found on the posted PDF file titled:

-FDA Authorization - 11.06.1997.pdf

*CLARIFICATION TO EMERGENCY ORDERS:

Orders transmitted to the VAN will not be specifically identified as “emergency orders.” Once a customer places an emergency order, they will notify the PPV via email and/or phone.

*CLARIFICATION TO AWP/REGIONAL DAPA PRICING:

DSCP shall adjust the current percentage (AWP-15%) that will be applied to AWP for Regional DAPA (RD) Prices if after the FDB reporting adjustment results in at least a full percentage point reduction in the price DSCP pays the contractor for these RD items. DSCP shall take the top 100 RD items for the entire PPV program, by dollar, for the period of 90 days prior to the FDB change. DSCP shall then rerun the top 100 items with the revised FDB calculations to determine if an adjustment is warranted. Any warranted adjustment will be affective the first day of the following month after the FDB adjusted calculations are available.

SOLICITATION NO. SPM2DP-08-R-0009 AMENDMENT 0005 PAGE 6___

The following additional changes are also made:

PAGE PARAGRAPH UPDATED WORDING

58 11(d)

d) Timeframe for Order Placement. The contractor shall accept orders placed up to and including the last day of the contract period. Contractor acceptance of orders required for next business day pickup concludes at 5PM EST.

60 11(l)

Paragraph 11(l) is hereby deleted in its entirety:

l) Electronic Air Freight Bill of Lading (EBL). The contractor shall create & transmit an electronic air freight bill of lading, Transaction Set 858, Shipment Information.

11(n)(ii)

11(n)(iii)

Paragraphs 11(n)(ii) and (iii) are hereby deleted in their entirety:

(ii) EBL – After an order has been packed and before pickup of the shipment by the Government-designated carrier, the contractor shall create for each shipment an electronic air freight bill of lading in accordance with ASC X12 Transaction Set 858 Shipment Information (Version 004010). The contractor shall include the following information in each EBL:

(iii) Item Details - The contractor shall detail all of the items included in the shipment; and Weight & Cube. The weight & cube of each shipment. The contractor shall create the EDI transaction set in accordance with one of two DoD Implementation Conventions (ICs) depending on the shipment’s weight as follows:

DoD 858 AirFreight Bill of Lading shall be used for shipments >150lbs.

DoD 858 Express Package Bill of Lading shall be used for shipments <150lbs.By following these ICs, the contractor will populate the 858-transaction set with data that will enable visibility of shipments at the line item level.

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.