PPV GEN III OCONUS Solicitation SPM2DP-08-R-0009.pdf

Solicitation No. SPM2DP-08-R-0009 Table of Contents

TITLE

Caution Notice i & ii

Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items 1

Continuation of any block(s) from SF 1449 -- 2

Block 8 – Offer Due Date/Local Time 2

Block 9 – Offer Submission Addresses/DSCP Point of Contact 2

Blocks 17a & b – DUNS Number & Remittance Address 2

Schedule of Supplies/Services/European and Pacific/Distribution fees inclusive of pallets, TT4’s and coolers.

3-8

Solicitation Response Sheet For No Offer 9

Contract Clauses 10-30

FAR 52.212-4 - Contract Terms and Conditions – Commercial Items 10-15

Addendum to FAR 52.212-4 15-17

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

24-28

DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items

28-30

Contract SOW 31-134

Enclosures or Attachments/Appendix

Contract Enclosure #1 – European Region Ordering Facilities Contract Enclosure #2 – Pacific Region Ordering Facilities Contract Enclosure #3 – Effective Due Dates Contract Enclosure # 4 – Monthly Consumption Contract Enclosure # 4 – Monthly Consumption

134-151

Solicitation Provisions

FAR 52.212-1- Instructions to Offerors – Commercial Items Addendum#1

152-157

52.212-1 Addendum#2 Preparation & Organizational of Proposal 158-159

“ “ Addendum #3 Volume 1 Business Proposal Submission 160-163

“ “ Addendum #4 Volume 1 Subcontracting Plan 164-176

“ “ Addendum #5 Volume 2 Technical Proposal 177-194

Table of Contents (continued) FAR 52.212-2 Evaluation – Commercial Items 195-196 FAR 52.212-3 Offeror Representations and Certificates – Commercial Items 197-217 Appendix A – Customer Questionnaire 218-224 Appendix B - Acronyms 225-226

700 Robbins Avenue

DEFENSE LOGISTICS AGENCY

DEFENSE SUPPLY CENTER PHILADELPHIA

Philadelphia, PA 19111

CAUTION NOTICE

PURPOSE OF SOLICITATION. The Defense Supply Center Philadelphia (DSCP), Directorate of Medical Materiel is hereby soliciting offers to select a Primary Supplier (PS) & a Secondary Supplier (SS) of pharmaceutical products for Government activities in the European and Pacific Region. Orders would be picked up at the PS or SS facility by a Government-designated carrier who would then deliver the orders to the activities.

An offeror may submit proposals on the PS and/or SS segments of this solicitation.

However, an offeror can only be awarded one of the two segments. Business & Technical Proposals are to be assembled in accordance with clause 52.212-1, Addendum #2.

PROPOSAL EVALUATION. All initial business & technical proposals will be evaluated. If an offeror proposes “Enhancements,” which exceed the solicitation’s minimum requirements & are beneficial to the Government, DSCP will consider such “Enhancements” when selecting awardees and will incorporate them into any resultant award to the offeror. An offeror may also propose “Exceptions” to the Government’s requirements. However, if such “exceptions” do not meet the minimum requirements of the solicitation, the offeror’s proposal may be eliminated from consideration for an award. Following the evaluation, each offeror who submits a proposal, unless it has been withdrawn by the offeror or rejected as unacceptable by the Government, may be required to demonstrate its Electronic Order Entry (EOE) system at DSCP. The purpose of the demonstration is to test the offeror’s understanding of the Government’s requirements & to determine the Government’s Level of Confidence in the offeror’s ability to meet the Government’s requirements.

SOURCE SELECTION ACQUISITION. This is a tradeoff Source Selection Acquisition. Award will be based on factors other than cost or price alone. Evaluation factors for award and selection procedures are contained in FAR 52.212-2 Evaluation- Commercial Items.

SUBCONTRACTING PLAN. Any offeror, categorized as a large business concern, must submit a Subcontracting Plan with its offer. A plan guide is included in clause 52.212-1, Addendum #5.

Caution Notice (continued)

PRODUCT PRICING. Will be based on one of the following:

a Distribution and Pricing Agreement (DAPA) issued by DSCP-Medical, a National Contract issued by DSCP or the Department of Veterans Affairs

(DVA),

a Federal Supply Schedule (FSS) issued by the DVA, a Uniform Formulary (UF) issued by the Tricare Management Agency (TMA) a Blanket Purchase Agreement issued by DSCP or the DVA a “Regional DAPA” item is a pharmaceutical product that contains an NDC number established by the PS or SS covering pharmaceutical items not covered by an existing DSCP DAPA, FSS, UF, BPA or National Contract, which are inventoried by the PS or SS and required by one or more facilities in the region.

Under these pricing vehicles, a DAPA, National Contract, FSS, UF or BPA holder has consented to allow the PS and SS selected by DSCP-Medical to distribute its products to the facilities and agrees that our suppliers will be charged no more than the prices set forth in the DAPA, National Contract, FSS, UF or BPA. The total price charged by the PS or SS to the facilities shall not exceed that cited in the applicable DAPA, National Contract, FSS, UF plus the PS or SS negotiated distribution fee and DSCP’s cost recovery rate (CRR). The offeror, if awarded a contract for one of these regions shall be paid for each pharmaceutical product ordered and delivered, which appears on a DSCP Regional DAPA, National Contract, FSS, or UF plus the offeror’s negotiated distribution fee.

Standard Form 1449

1. Continuation of Blocks 7a and 7b: For solicitation information, contact the following Defense Supply Center Philadelphia (DSCP) personnel:

Alexander Quinones, phone # 215-737-4149, or email alexander.quinones@dla.mil Vincent Valinotti, phone # 215-737-4351, or email vincent.valinotti@dla.mil Leslie Acosta, phone # 215-737-3957, or email leslie.acosta@dla.mil

2. Continuation of Block 9 (continued): --- “NEW ADDRESSES”

Mailed offers are to be sent to: Defense Logistics Agency Defense Supply Center Philadelphia P.O. Box 56667 Philadelphia, PA 19111-6667

Handcarried offers, including delivery by commercial carrier, should be delivered to:

Defense Supply Center Philadelphia Business Opportunities Office Building 36, Second Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Note: All handcarried offers are to be delivered 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 “handcarries” the package to the depository specified above (i.e. the Business Opportunities Office address) 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 the receipt of offers as indicated in Block 8 of the Standard Form 1449.

Facsimile offers (if authorized) or offer modifications/withdrawals should be transmitted to

(215) 737-9300, 9301, 9302 or 9303.

3. Continuation of Block 17a: Offeror’s assigned DUNS Number: _____________________.

4. Continuation of Block 17b: Remittance Address is:

Note: The Government will mail check to this address only in the event of an Electronic Funds Transfer (EFT) failure, pursuant to 52.232 -33 (which is incorporated by reference at 52.212- 5(b)(24)).

5. Cage Number _____________

6. Are you registered with the Central Contractor Registration (CCR) database?

mailto:alexander.quinones@dla.mil� mailto:vincent.valinotti@dla.mil� mailto:leslie.acosta@dla.mil�

Schedule of Supplies/Services (European)

Yes [ ] No [ ] If you have not registered or your registration has expired, please visit the website at www.ccr.gov.

7. Blocks 19-24: Schedule of Supplies/Services –

SCHEDULE OF SUPPLIES/SERVICES:

NOTE: Pages 3 and 4 are distribution fees for the European region. These distribution fees include the cost of TempTale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers.

EUROPEAN REGION

(See Enclosure # 1 for list of facilities)

ESTIMATED “PRIMARY SUPPLIER” REQUIREMENTS PER 20 MONTH PERIOD:

Normal Day-To-Day Requirements: $ 167,565,673 War Readiness Material (WRM) Surge Requirements: $ 2,520,833

LINE ITEM

NO.

REQUIREMENTS & TIME PERIOD

EUROPEAN REGION

PROPOSED

DISTRIBUTION FEE/

ADDITIONAL CHARGE

PRIMARY SUPPLIER

NORMAL DAY-TO-DAY REQUIREMENTS

Mandatory

0001AA INITIAL BASE 20 MONTH PERIOD %

0001AB 1ST 20 MONTH OPTION PERIOD %

0001AC 2ND 20 MONTH OPTION PERIOD %

WRM SURGE REQUIREMENTS

0001BA INITIAL BASE 20 MONTH PERIOD %

0001BB 1ST 20 MONTH OPTION PERIOD %

0001BC 2ND 20 MONTH OPTION PERIOD %

ADDITIONAL CHARGE FOR WRM SURGE

REQUIREMENTS – Optional

0001CA INITIAL BASE 20 MONTH PERIOD $

0001CB 1ST 20 MONTH OPTION PERIOD $

0001CC 2ND 20 MONTH OPTION PERIOD $

http://www.ccr.gov/�

Schedule of Supplies/Services (European)

ESTIMATED “SECONDARY SUPPLIER” REQUIREMENTS PER 20 MONTH PERIOD:

Normal Day-To-Day Requirements: $ 1,675,657

REQUIREMENTS & TIME PERIOD

EUROPEAN REGION

PROPOSED

DISTRIBUTION FEE

SECONDARY SUPPLIER

0002AA INITIAL BASE 20 MONTH PERIOD %

0002AB 1ST 20 MONTH OPTION PERIOD %

0002AC 2ND 20 MONTH OPTION PERIOD %

The estimated Government prices for the European Region Temp Tale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers are approximately $ 629,880 for a 12 month period.

Note: The cost shown above is the Government’s estimated yearly amount for the European region Temp-Tale Monitors, Specialized Treated Wood Pallets and Endurothem coolers at approximately $629,880. Actual prices for these items for the PPV may cost more and it is advised when calculating distribution fees that these costs be incorporated.

Schedule of Supplies/Services (Pacific)

NOTE: Pages 5 and 6 are distribution fees for the Pacific region. These distribution fees include the cost of TempTale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers.

SCHEDULE OF SUPPLIES/SERVICES: PACIFIC REGION

(See Enclosure # 2 for list of facilities)

ESTIMATED “PRIMARY SUPPLIER” REQUIREMENTS PER 20 MONTH PERIOD:

Normal Day-To- Day Requirements: $ 44,312,286 War Readiness Material (WRM) Surge Requirements: $ 2,520833

REQUIREMENTS & TIME PERIOD

PACIFIC REGION

PROPOSED

DISTRIBUTION FEE/

0003AA INITIAL BASE 20 MONTH PERIOD %

0003AB 1ST 20 MONTH OPTION PERIOD %

0003AC 2ND 20 MONTH OPTION PERIOD %

0003BA INITIAL BASE 20 MONTH PERIOD %

0003BB 1ST 20 MONTH OPTION PERIOD %

0003BC 2ND 20 MONTH OPTION PERIOD %

0003CA INITIAL BASE 20 MONTH PERIOD $

0003CB 1ST 20 MONTH OPTION PERIOD $

0003CC 2ND 20 MONTH OPTION PERIOD $

Schedule of Supplies/Services (Pacific)

ESTIMATED “SECONDARY SUPPLIER” REQUIREMENTS PER 20 MONTH PERIOD:

Normal Day-To-Day Requirements: $ 443,123

REQUIREMENTS & TIME PERIOD

PACIFIC REGION

PROPOSED

0004AA INITIAL BASE 20 MONTH PERIOD %

0004AB 1ST 20 MONTH OPTION PERIOD %

0004AC 2ND 20 MONTH OPTION PERIOD %

The estimated Government prices for the Pacific Region Temp Tale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers are approximately $307,501 for a 12 month period.

Note: The cost shown above is the Government’s estimated yearly amount for the Pacific region Temp-Tale Monitors, Specialized Treated Wood Pallets and Endurothem coolers at approximately $307,501. Actual prices for these items for the PPV may cost more and it is advised when calculating distribution fees that these costs be incorporated.

Schedule of Supplies/Services (Combined)

Notice: Offerors are to submit their distribution fees “All – or None” basis only for the combined lines that follow:

NOTE: Pages 7 and 8 are distribution fees for the European & Pacific regions. These distribution fees include the cost of TempTale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers.

COMBINED EUROPEAN & PACIFIC REGIONS

ESTIMATED “PRIMARY SUPPLIER” REQUIREMENTS PER 20 MONTH PERIOD:

Normal Day-To- Day Requirements: $ 211,877,959 War Readiness Material (WRM ) Surge Requirements: $ 5,041,667

REQUIREMENTS & TIME PERIOD

EUROPEAN & PACIFIC REGIONS

PROPOSED

DISTRIBUTION FEE/

0005AA INITIAL BASE 20 MONTH PERIOD %

0005AB 1ST 20 MONTH OPTION PERIOD %

0005AC 2ND 20 MONTH OPTION PERIOD %

0005BA INITIAL BASE 20 MONTH PERIOD %

0005BB 1ST 20 MONTH OPTION PERIOD %

0005BC 2ND 20 MONTH OPTION PERIOD %

0005CA INITIAL BASE 20 MONTH PERIOD $

0005CB 1ST 20 MONTHOPTION PERIOD $

0005CC 2ND 20 MONTH OPTION PERIOD $

Schedule of Supplies/Services (Combined)

ESTIMATED “SECONDARY SUPPLIER” REQUIREMENTS PER 20-MONTH

PERIOD:

Normal Day-To-Day Requirements: $ 2,118,780

REQUIREMENTS & TIME PERIOD

EUROPEAN & PACIFIC REGIONS

PROPOSED

0006AA INITIAL BASE 20 MONTH PERIOD %

0006AB 1ST 20 MONTH OPTION PERIOD %

0006AC 2ND 20 MONTH OPTION PERIOD %

The estimated prices for the combined Region’s Temp Tale Monitors, Specialized Treated Wood Pallets and Endurotherm Coolers are approximately $937,381 for a 12 month period.

Note: The cost shown above is the Government’s estimated yearly amount for the European & Pacific Region Temp-Tale Monitors, Specialized Treated Wood Pallets and Endurothem coolers at approximately $937,381. Actual prices for these items for the PPV may cost more and it is advised when calculating distribution fees that these costs be incorporated.

Solicitation Response Sheet for “No Offer”

FOR: Establishment of Primary & Secondary Suppliers of Pharmaceuticals for Government Military Treatment Facilities in the European and Pacific Region.

OFFER DUE DATE/LOCAL TIME:

REASON FOR “NO OFFER” IS AS FOLLOWS:

CANNOT COMPLY WITH SPECIFICATION/STATEMENT OF WORK

CANNOT MEET DELIVERY REQUIREMENT

NO OPEN PRODUCTION CAPACITY AT PLANT

DO NOT REGULARLY MANUFACTURER OR SELL TYPE OF ITEMS INVOLVED

OTHER (SPECIFY)

WE DO WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST

FOR FUTURE PROCUREMENT OF THE TYPE OF ITEM(S) INVOLVED

NAME AND ADDRESS OF FIRM (INCLUDE ZIP CODE)

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURE: ___________________________________________________________

Contract Clauses

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS ITEMS (OCT 2008)

(a) Inspection/Acceptance.

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment.

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes.

Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes.

This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays.

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

FAR 52.212-4 (continued)

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration; or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent Indemnity.

The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer(EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of Loss.

Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin, or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes.

The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(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 it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.

Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty.

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability.

Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other Compliances.

The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C.

51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961- 5757.

Alternate I (Feb 2007) [Applicable only when a time-and-materials or labor-hour contract is contemplated.]

If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[ ] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212-4(a).

http://www.ccr.gov/�

[ ] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, apply and are hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government.

ADDENDUM TO FAR 52.212-4

THE CLAUSES LISTED BELOW ARE INCORPORATED 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 solicitation clauses and provisions may be accessed electronically at the following websites):

FAR, DFARS, DLAD, and DSCP Local Clauses – http://www.dla.mil/j-3/j-336/icps.htm PROCLTRs and FARS Deviations – http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

CLAUSE NUMBER TITLE DATE

FAR 52.204-7

Central Contractor Registration

APR 2008

FAR 52.209-5 Certificate Regarding Responsibility Matters MAY 2008 FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

FAR 52.211-14 Notice of Priority Rating for National Defense Use A DO-c9 rating applies to the pre-positioned, preplanned Surge & AEF requirements of the contract

APR 2008

FAR 52.216-1 Type Of Contract Firm Fixed Price, Requirements-Type Contract

APR 1984

FAR 52.216-18 Ordering Para (a): Such orders may be issued from the effective date of award through 20 Months thereafter

OCT 1995

FAR 52.216-19 Order Limitations Para (a): $50.00;

Para (b): $100,000; Para (b)(2): $500,000 Para (b) (3): 7 days;

Para (d): delete days, substitute two hours

OCT 1995

FAR 52.216-21 Requirements The Contractor shall not be required to make any deliveries under this contract after the next business day following expiration of the contract

OCT 1995

FAR 52.222-24 Pre-award On-Site Equal Opportunity Compliance Review FEB 1999 FAR 52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 FAR 52.223-4 Recovered Material Certification MAY 2008 http://www.dla.mil/j-3/j-336/icps.htm� http://www.dla.mil/j-3/j-3311/dlad/rev5.htm�

ADDENDUM TO FAR 52.212-4 (Continued)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated items

MAY 2008

FAR 52.242-13 Bankruptcy JUL 1995 FAR 52.248-1 Value Engineering FEB 2000 FAR 52.232-25 Prompt Payment

The following time frames apply to the fill-ins contained in this clause, Para (a)(6)(i): 30th day

OCT 2008

FAR 52.246-16 Responsibility for Supplies APR 1984 FAR 52.247-29 F.O.B. Origin FEB 2006 FAR 52.204-7 Central Contractor Registration APR 2008 FAR 52.209-5 Certification Regarding Responsibility Matters DEC 2008 FAR 52.209-6 Protecting the Government’s Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

DEC 2007

FAR 52.232-17 Interest OCT 2008 FAR 52.242-13 Bankruptcy JULY 1995 FAR 52.242-15 Stop-Work Order AUG 1989 DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992 DFARS 252.204-7004 Alternate A, Central Contractor Registration SEP 2007 DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country

DEC 2006

DFARS 252.225-7002

Qualifying Country Sources as Subcontractors APR 2003

DFARS 252.232-7010 Levies on Contract Payments DEC 2006 DLAD 52.211-9010 Shipping Documentation - MIL-STD-129P MAY 2006 DLAD 52.233-9000 Agency Protests SEP 1999 DLAD 52.246-9022 Inspection System Requirements APR 2008 DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material

(WPM)

FEB 2007

DLAD 52.204-9001 Electronic Order Transmission JUNE 2008 DLAD 52.216-9007 Contract and Delivery Order Limitations JULY 2006 DLAD 52.216-9020 Prime Vendor Requirements APR 2008 DLAD 52.211-9053 Expedited Handling Shipments JULY 2008 DLAD 52.247-9034 Point of Contact for Transportation Instructions JUNE 2008

ADDENDUM TO FAR 52.212-4 (Continued)

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER

TERMINATION FOR CAUSE (JULY 2004)

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, 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 Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,155.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

(a) Definitions. As used in this clause—

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value

Contract Clauses

DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007)

when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC tag data standards will define the length and position of this data, without defining its content.

“EPCglobal™” means a joint venture between EAN International and the Uniform Code Council to establish and support the EPC network as the global standard for immediate, automatic, and accurate identification of any item in the supply chain of any company, in any industry, anywhere in the world.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response.

(1) Until February 28, 2007, the acceptable tags are—

(i) EPC Class 0 passive RFID tags that meet the EPCglobal Class 0 specification; and

(ii) EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 specification. This includes both the Generation 1 and Generation 2 Class 1 specifications.

(2) Beginning March 1, 2007, the only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 Generation 2 specification. Class 0 and Class 1 Generation 1 tags will no longer be accepted after February 28, 2007.

“Radio Frequency Identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes). (b)(1) Except as provided in paragraph (b)(2) of this

DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007)

clause, the Contractor shall affix passive RFID tags, at the case and palletized unit load packaging levels, for shipments of items that—

(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:

(A) Subclass of Class I - Packaged operational ration

(B) Class II - Clothing, individual equipment, tentage organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment .

(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV – Construction and barrier materials.

(E) Class VI - Personal demand items (non-military sales items).

(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologically, and reagent - suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and are being shipped to any of the following locations:

SHIPPING ADDRESS DoDACC A. Defense Distribution Depot, Susquehanna, Pa. W25G1U or SW3124.

B. Defense Distribution Depot, San Joaquin, CA W62G2T or SW3224 C. Defense Distribution Depot, Albany, GA SW3121.

D. Defense Distribution Depot, Anniston, AL W31G1Z or SW3120.

E. Defense Distribution Depot, Barstow, CA SW3215.

F. Defense Distribution Depot, Cherry Point, NC SW3113.

G. Defense Distribution Depot, Columbus, OH SW0700.

H. Defense Distribution Depot, Corpus Christi, TX W45H08 or SW3222.

I. Defense Distribution Depot, Hill, UT SW3210.

J. Defense Distribution Depot, Jacksonville, FL SW3122.

K. Defense Distribution Depot, Oklahoma City, OK SW3211 L. Defense Distribution Depot, Norfolk, VA SW3117.

M. Defense Distribution Depot, Puget Sound, WA SW3216.

N. Defense Distribution Depot, Red River, TX W45G19 or SW3227.

O. Defense Distribution Depot, Richmond, VA: SW0400.

P. Defense Distribution Depot, San Diego, CA SW3218.

Q. Defense Distribution Depot, Tobyhanna, PA W25G1W or SW3114.

R. Defense Distribution Depot, Warner Robins, GA SW3119.

S. Air Mobility Command Terminal, Charleston Air Force Base, Charleston, SC: Air Terminal Identifier Code CHS

DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007)

T. Air Mobility Command Terminal, Travis Air Force Base, Fairfield, CA: Air Terminal Identifier Code SUU.

U. A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1.

(2) The following are excluded from the requirements of Paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

(c) The Contractor shall--

(1) Ensure that the data encoded on each passive RFID tag are unique (i.e., the binary number is never repeated on any and all contracts) and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the most recent EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identity types and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD Identity Type, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) Code and shall encode the tags in accordance with the tag identity type details located at http://www.acq.osd.mil/log/rfid/tag_data.htm. If the Contractor uses a third party packaging house to encode its tags, the CAGE code of the third party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor is responsible for ensuring that each tag contains a globally unique identifier.

(e) Receiving report. The Contractor shall electronically submit advance shipment notice(s) with the RFID tag identification (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at http://www.acq.osd.mil/log/rfid/advance_shipment_ntc.htm.

http://www.epcglobalinc.org/standards/� http://www.acq.osd.mil/log/rfid/tag_data.htm� http://www.acq.osd.mil/log/rfid/advance_shipment_ntc.htm�

DLAD 52.212-9000 CHANGES - MILITARY READINESS (MAR 2001)

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 from the date of receipt of the modification.

“Contingency operation” means a military operation that -

(i) 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

(ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 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)).

“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)).

THE CLAUSES LISTED BELOW ARE INCORPORATED IN FULL TEXT:

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA. Alternate IV (Oct 1997).

(a) Submission of cost or pricing data is not required.

(b) Provide information described below:

The Government reserves the right to audit your commercial sales for all program items that are sold and do not have a Government price (Regional DAPA Items).

This information will entail date of purchase, NDC (or part number if an NDC is not applicable), quantity, and unit price.

Access to records necessary to permit an adequate evaluation of the Regional DAPA item throughout the life of the contract is required.

PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION

(AUG 1997)

(a) The Government, at its election, may reduce the price of this contract or contract modification if the Contracting Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to:

(1) provide information required by this solicitation/contract or otherwise requested by the Government; or

(2) submit information that was current, accurate, and complete; or

(3) disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations.

(b) The Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 60 calendar days prior to the date it is submitted.

(c) If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States—

(1) The amount of the overpayment; and

(2) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2).

(d) Failure to agree on the amount of the decrease shall be resolved as a dispute.

(e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.216-9009 PRIME VENDOR REQUIREMENTS (APR 2008 MEDICAL) DSCP

Reference is made to FAR Clause 52.216-21, Requirements, which is part of this contract. In accordance with paragraph (c) of that clause, the requirements covered by this contract are hereby defined. Requirements under this contract are items, as designated by the Defense Supply Center Philadelphia (DSCP), Medical Directorate, for the ordering facilities specifically mentioned in the solicitation. Requirements are brand name specific items (includes generic and house labels) covered either by Distribution and Pricing Agreements (DAPAs) or Indefinite Delivery contracts established with manufacturers/suppliers specifically to support prime vendor contracts. Further stipulations are as follows:

(a) The Government is not required to, but may, place orders under this contract for items available from depot stock.

(b) The Government is not required to, but may, place orders under this contract for items which are normally available under the DSCP Medical Electronic Commerce Program.

(c) When the contractor cannot fill a routine order under this contract due to manufacturer’s backorder, the Government will be advised within two hours after order placement. The Government will have the right to cancel the order and place the order with another source.

(d) When the Government has an emergency order the contractor will advise, within twelve hours after picking up the order from VAN, whether or not the order can be filled within the required timeframe. If the contractor cannot fill the order, the Government has the right to cancel the order under this contract and place the order with another source.

(e) The Government is not obligated to place orders under this contract for items available from the Federal Prisons Industries, Inc. and the Committee for Purchase from People Who Are Blind or Severely Disabled (See FAR 8.001, 8.6, and 8.7).

(f) The Government is not obligated to place orders under this contract for items normally available through the DSCP National Mail Order Pharmacy Program.

Payment of Additional Charges by Government: any additional charges cited in the contract for WRM requirements will be paid by the Government –in two equal installments per 20 month period (10 & 20 months after the effective date of the contract & any option periods) upon receipt of valid invoices from the PS. The additional charge for the WRM will be paid regardless of whether or not the Government actually orders any of the applicable requirements.

Contract Clauses

USE OF ELECTRONIC DATA INTERCHANGE (EDI)

(a) The Defense Supply Center Philadelphia (DSCP) will utilize EDI under this contract as set forth in the Statement of Work. The DSCP has implemented a system, using the American National Standards Institute (ANSI) X12/UCS Standards, as applicable, for EDI. Some of the common EDI terms used elsewhere in this contract are defined below:

ASC X12 Standards: EDI standards, developed by the Accredited Standards Committee (ASC) of the American National Standards Institute (ANSI), which have been approved through the consensus process of public announcement and review. The committee is comprised of industry members who create EDI standards for submission to the ANSI for subsequent approval and dissemination. Further information about the ANSI X12 Standards can be obtained from:

Data Interchange Standards Association, Inc.

1800 Diagonal Road, Suite 355 Alexandria, VA 22314-2582 Phone: (703) 548-7005

Syntax: The grammar or rules that define the structure of the EDI standards.

Trading Partner: This term is applied to the sending and/or receiving party involved in the exchange of EDI…