AMEND 0009 - 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 0009 PAGE 2____

To clarify the pricing of items supplied under the contractor’s Regional DAPA, the Statement of Work is hereby modified as indicated below.

Section 5 (h), Contractor’s “Regional” DAPA, is replaced with the following

(h) Contractor’s “Regional” DAPA. The contractor shall establish a Regional DAPA for all non- DSCP DAPA database pharmaceutical products inventoried by the contractor and required by one or more MTFs in the region. A Regional DAPA item is a pharmaceutical product that contains an NDC and an Average Wholesale Price (AWP) published in First Data Bank. The selling price for such items shall be the product price, as described below, plus the DSCP-Medical Cost Recovery Rate. The contractor’s Distribution Fee shall not be applied to the Regional DAPA items.

If the contractor has a published Price & Product Catalog the product price shall not exceed the lower of either:

(a) the Average Wholesale Price (AWP) less 15%

(b) the lowest price shown for the item in the contractor's Price & Product Catalog. In the event that the first data bank's published price has not been updated resulting in the acquisition cost being higher than the published Average Wholesale Price (AWP) less 15% the contractor's Regional DAPA price shall be determined fair and reasonable based on a comparison of the same items sold under the same or similar contract terms and conditions to similar or same customers.

*; or

If the contractor does not have a published Price & Product Catalog and DSCP and DoD hereby acknowledge and agree that the Contractor does not have a published Price & Product Catalog then the product price shall not exceed the lower of either:

(a) the Average Wholesale Price (AWP) less 15%*; or

(b) a price that is lower than AWP -15% and determined fair and reasonable based on a comparison of the same or similar items sold in a same or similar volume to other customers.

Note: In the event that the first data bank's published price has not been updated resulting in the acquisition cost being higher than the published Average Wholesale Price (AWP) less 15% the contractor's Regional DAPA price shall be determined fair and reasonable based on a comparison of the same items sold under the same or similar contract terms and conditions to similar or same customers.

*Note that the AWP is that of First Data Bank's as published in the current edition of the Essential Directory of Pharmaceuticals (the Blue Book).

AMEND 0007 PG 2

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.