SPM2DP-13-R-0007_Amend_0001.doc
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- Pharmaceutical Prime Vendor Global Federal contract opportunity
- Solicitation number
- SPM2DP-13-R-0007
About this file
This solicitation seeks proposals from pharmaceutical distributors to serve as Pharmaceutical Prime Vendors (PPVs) for the Defense Logistics Agency (DLA) Troop Support Medical Supply Chain. The PPVs will supply pharmaceutical products to DLA customers in six regions on a firm fixed-price requirements contract spanning ten years. Regions include North/Europe, South/Southcom, West/Pacific, Designated Providers and Other Government Agencies, and an Upper Prairie region reserved for small businesses. PPVs must provide next day delivery Monday through Friday and supply war readiness material. The estimated contract value is $26.1 billion. Proposals are due by September 04, 2013. Awards will be made to at least two contractors using lowest price technically acceptable evaluation. In addition to standard pricing, the solicitation allows pricing combinations across regions and reserves the right to conduct a reverse auction to obtain the lowest distribution fees.
Amendment 0001 to PPV-G (Formerly PPV-RS)
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SPM2DP-13-R-0007_Amend_0009.pdf | ||
| Drop_Ship_NDC.xlsx | XLSX spreadsheet | |
| SPM2DP-13-R-0007_Amend_0008.pdf | ||
| SPM2DP-13-R-0007_Amend_0007.pdf | ||
| SPM2DP-13-R-0007_Amend_0006_5.16.14doc.pdf | ||
| 13R0007PPV-G_Amendment_0005.pdf | ||
| 13R0007PPV-G_Amendment_0004.pdf | ||
| SPM2DP-13-R-0007_Amend_0003_11-04-13.pdf | ||
| SPM2DP-13-R-0007_Amendment_0002.pdf | ||
| SPM2DP-13-R-0007_PPV-Global_Solicitation.pdf |
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Text version
Solicitation SPM2DP-13-R-0007
| AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT |
| 1. CONTRACT ID CODE |
| PAGE OF |
| PAGES |
| 1 |
| 18 |
| 0001 |
| 3. EFFECTIVE DATE |
29 OCT 2013
4. REQUISITION/PURCHASE REQ. NO.
N/A
5. PROJECT NO. (If applicable)
6. ISSUED BY
DEFENSE LOGISTICS AGENCY TROOP SUPPORT
DIRECTORATE OF MEDICAL MATERIEL
700 ROBBINS AVENUE
PHILADELPHIA, PA 19111
DLA TS-FSB (Patricia Kniffin/215-737-5097)
| CODE SPM2DX |
| 7. ADMINISTERED BY (If other than Item 6) |
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code
9A. AMENDMENT OF SOLICITATION NO.
SPM2DP-13-R-0007
X
9B. DATED (SEE ITEM 11)
September 19, 2013
10A. MODIFICATION OF CONTRACT/ORDER NO
10B. DATED (SEE ITEM 13)
| CODE |
| FACILITY CODE |
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FORMCHECKBOX
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.
Offer 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 __ 1__ 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 ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIEC MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you 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.
Accounting and Appropriation Data (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE 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 FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return __ copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)
See Attached Pages
The subject Solicitation closing date is hereby extended to November 6, 2013.
Each offeror must acknowledge receipt of this Amendment and return with its proposal on the proposal closing date of 06 November 2013, 3:30 P.M. EST.
Except as provided herein, all items and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or Print)
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
PATRICIA KNIFFIN
Contracting Officer
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
| 15C DATE SIGNED |
| 16B. UNITED STATES OF AMERICA |
BY ___________________________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
Amendment 0001 Responses to Solicitation SPM2DP-13-R-0007 questions
SOW Sect. 2.B.2 Catalog Requirements; PPV’s Regional DAPA (p. 36)
1. What communication will be provided by DLA to the Primary Supplier when an item has been on the regional DAPA for the maximum 9 month period? Will DLA be granting a waiver or asking the PS to block the item(s).
Answer: #1a – DLA Troop Support will notify the Prime Vendor with a reason code if there is an item in their Regional DAPA catalog that needs to be removed. Language in the SOW will be clarified through an Amendment.
#1b - The circumstances surrounding a particular item will influence whether DLA Troop Support decides to grant a waiver or have PPVs remove the item from their catalog. However, the goal is to convert any Regional DAPAs to DAPAs or FSSs as soon as possible.
SOW Sect. 2.B-7 PPV’s Catalog Prices (p. 38)
2. This section indicates that the PPV’s price and product catalog as well as electronic confirmations shall present the delivered price which will contain the Distribution Fee Factor and the CCR. Is our understanding correct in that this will mean that there will be 3 price and product catalogs:
a. CONUS
b. OCONUS – the CCR is different than CONUS
c. MOF’s – PPV distribution fee will be 0% for those accounts less than $250k per year
Answer: There will be individual catalogs with unique prices for individual customers. CONUS, OCONUS, DPs and OGA are each entitled to different prices which is compounded by the fact that some have different Cost Recover Rates (CRRs) (DVD, CONUS and OCONUS).
SOW Sect. 2.D-1 Removal of an item from Usage Data (p. 41)
3. Will the facility be required to buy out the excess inventory that constitutes their monthly demand?
Answer: No.
SOW Sect. 2.F-5.a Definitions: ii. Lines partially filled (p. 49)
4. This section states ….except where partial shipment results from an order for which the PPV is not contractually bound. Would DLA please explain what would constitute not contractually bound?
Answer: Revised SOW language, changed “not contractually bound” to read “An order for which the PPV is not contractually required to fill”. Fill rate calculations will not count against the PPV when the PPV responds with any of the below EDI 855 Item Rejection Codes:
| R1 Item Rejected |
| Not on Contract |
| R2 Item Rejected |
| Invalid Item Part Number |
| R3 Item Rejected |
| Invalid Unit of Issue |
| R4 Item Rejected |
| Item is on National or Manufacturer Backorder |
| R5 Item Rejected |
| Reorder as JIT |
| R6 Item Rejected |
| Item is Not on Customer’s Usage List |
| R7 Item Rejected |
| Reorder as a Drop Ship |
| R8 Item Rejected |
| Reorder as a Surge |
Additional contractual exemptions from the fill rate calculations can be found in the SOW Sect. 2.F-5.a (Page 49) Definitions: iii. Contractual Fill Rate Exceptions and Section 10 Electronic System Requirements, paragraph 10.E.1.b. Language in the SOW will be clarified through an Amendment.
SOW Sect. 2.J-4 One shipment per order (p. 53)
5. A PPV cannot prevent the supplier from splitting orders on drop shipments. How would DLA suggest this be handled?
Answer: If/when this situation should occur; it is practice for the PPV’s contracting department to handle the invoice issue.
SOW Sect. 2.N-2.a.viii (p. 55)
6. This section states - Products where the shelf life has expired and the PPV has an ongoing return goods program with the manufacturer of those products. The PPV shall provide the ordering officers with a list of these manufacturers; and other conditions consistent with the PPV's normal return policy. Can you please provide further clarification?
Answer: Vendor’s question pertains to vii. There is no viii. An Amendment will be issued deleting paragraph vii.
SOW Sect. 2.N-2.d (p. 55)
7. You state that the PPV shall accept reports of discrepancies in a spreadsheet format. We have developed an on line electronic Returns Authorization (RA) which allows the customer to enter the appropriate information needed to process the credits and will expedite the returns process. Will this be sufficient to meet this requirement?
Answer: Discrepancies must be in a spreadsheet format as described in the SOW. On line electronic processes are not acceptable.
SOW Sect. 5.A Establishing Credit Accounts (pp. 65-66)
8. It states that the PPV may charge up to 2.5% for managing credit accounts. Is the % to be charged for the total credits processed for each account? Who is responsible for paying the fee?
Answer: The PPV contractor will deduct its fee from credit amounts prior to depositing it into the applicable credit account. The process shall apply to all credit accounts, including WRM.
SOW Sect. 10.E-2(a) Web-based Ordering; Note (p. 92)
9. DLA indicates that all regional DAPA items must have an NDC, and a published AWP. Is it DLA’s intent to exclude OTC items which may not have an NDC number?
Answer: DLA Troop Support will be using a commercially published Average Wholesale Price (AWP) as part of the Regional DAPA fair and reasonable determination. The supplier of the item must publish its AWP using a standard 11 digit number (NDC or equivalent) to identify the item for it to be considered for sale under the PPV’s Regional DAPA. Additional language clarifying subject question will be issued in a future Amendment.
SOW Sect. 12.B-16 Additional Requirements (Primary Supplier Pharmaceutical Prime Vendor War Readiness Materiel Support Manager (p. 108)
10. What is DLA looking for in an experienced candidate? What does DLA believe the role and responsibilities will be for this person?
Answer: The Support Manager will have experience with the PV's IT capabilities and be able to research government requirements for the purpose of offering authorized substitutes that are clinically and logistically equal. The Support Manager will also be required to provide regular inventory positions and pricing of covered NDCs. The Support Manager will track all PVWRM orders and update delivery information. The Support Manager will have access to government requirements and will be proactive in providing coverage for government requirement from existing PV assets. The Support Manager will be the entry point for all questions regarding the PVWRM portion of the PV contract. The Support Manger will provide other support as required. Language will be incorporated in a future Amendment.
Schedule of Supplies/Services (PPV CONUS/OCONUS and WRM Distribution Fees) (p. 10)
11. “Primary Region” appears as a capitalized term, but it is not defined in the solicitation. Is “Primary Region” synonymous with the three Global Regions set forth in CLINs 0001, 0002 and 0003? If not, please explain what is meant by “Primary Region.”
Answer: The term “Primary Region” should be “Global Region”, the Global Regions are set forth in CLINs 0001, 0002 and 0003. Additional language clarifying subject question will be issued in a future Amendment.
12. In order to establish or maintain alternate sources, the Government has reserved the right to exclude, under FAR 6.202, an awardee from being eligible for multiple lines under the solicitation. This note also states that the “Government cannot predetermine the order that lines will be awarded.”
a. FAR 6.202(b)(1) requires that the invocation of the authority to exclude sources in order to establish or maintain alternate sources be supported by a determination and findings (D&F) signed by the agency head of her designee. See DLAD 6.202; DLA Troop Support Guiding Principle for Acquisition 6.202. What is the particular basis under FAR 6.202(a)(1)-(6) for the Government to invoke the authority to exclude sources here? See PGI 206.202.
Answer: If FAR 6.202 is invoked, the basis will be in accordance with FAR 6.202.
b. Has the Government prepared the D&F supporting the invocation of FAR 6.202 in this procurement? If so, will the Government please post this D&F?
Answer: If FAR 6.202 is invoked, the D&F will be prepared in accordance with FAR 6.202.
c. Does the Government’s reservation of the right to exclude an awardee under FAR 6.202 extend to Line Item 0004, DPs/OGAs? That is, is the Government reserving the right to exclude the low price technically acceptable offer for any award of the Global Region Line Items (0001, 0002, and 0003) because the same offeror is the awardee of Line Item 0004, DPs/OGAs?
Answer: See page 10 of Solicitation.
d. In the event that a single offeror submits the low price technically acceptable proposal for multiple line items, on what basis will the Government determine which line item(s) that offeror will be awarded?
Answer: See pages 10 and 130 (FAR 52.212-2) of Solicitation Evaluation of Commercial Items.
e. In determining to include FAR 6.202, has the Government considered that the PPV-G solicitation seeks to obtain routine pharmaceutical and pharmaceutical-related products that are widely used in the commercial marketplace, and that the total requirements of the PPV-G solicitation would represent only a very small percentage of the pharmaceutical distribution business?
Answer: If FAR 6.202 is invoked, the basis will be in accordance with FAR 6.202.
DLAD 52.215-9023 Reverse Auction (p. 124)
13. The RFP gives offerors significant flexibility to provide a variety of pricing options by combining multiple regions. Could DLA explain how that flexibility will be represented if DLA exercises its right to conduct a reverse auction?
Answer: Each offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic Agency’s commercial reverse auction service provider to advise the offeror of the event and to provide an explanation of the process.
14. How will the Government handle a reverse auction for alternate offers?
Answer: See DLAD clause 52.215-9023 REVERSE AUCTION (JULY) (6)(i) –Training: The commercial reverse auction service provider and/or a Government representative will provide familiarization training to offerors’ employees; this training may be provided through written material, the commercial reverse auction service provider’s website, and/or other means.
Technical Proposal, FAR 52.212-1 (pg. 126) & Technical Evaluation (p. 130)
15. On page 126 the RFP states that an offeror’s Technical Proposal is to include only two spreadsheets (PPV Day-to-Day and WRM) and Past Performance information. This means that a Technical Proposal will not address the technical requirements set forth in the SOW. Please confirm that an offeror is not to address in its proposal its ability to meet the SOW requirements.
Answer: Submission of an offer is an indication of the vendor’s ability to meet the requirements of the SOW.
SOW Sect. 2.D Usage Data (p. 40)
16. The SOW states “For Program items listed in the DLA Troop Support Daily Pricing File identified by a single NDC number, but available from more than one offeror, the PPV shall recognize the contract pricing number as denoting the customer preference.”
f. Is the DLA assuming that each site can select an item based on contract preference and not lowest price?
Answer: Orders will be placed in accordance with contract terms and applicable laws and regulations.
g. Who is the offeror? Is it the contract type, i.e., FSS/DAPA?
Answer: The offeror is the manufacturer or dealer of the pharmaceutical.
h. How will the accounts communicate their contract preference? How often can the preference be changed?
Answer: Customers may select any item displayed on their DLA Troop Support approved catalog. The customer shall notify the PPV at least 14 days before changes in its usage patterns for items inventoried by the PPV. If a customer orders an item for which they did not provide usage data, the PPV’s fill rate with not be negatively affected..
File listed as PPV-G Sept 2012- August 2013 Sales Data
17. Regarding the file listed as PPV-G Sept 2012- August 2013 Sales Data; will the DLA be resending this file to include actual sales dollars by facility for the past 12 months?
Answer: PPV Sales Data will be updated but not by facility.
SOW Sect. 10.F.2 (pp. 93-94)
18. The RFP provides that payment will be made no later than 10 days after receipt of a valid invoice. RFP at 94. However, the RFP also includes FAR 52.232-25 which provides that payment is not due until 30 days after receipt of a valid invoice. 52.232-25 also provides that it applies “notwithstanding any other payment clause in the contract.” Please clarify whether payments are due within 10 days or 30 days.
Answer: Payment is within 10 days. Language clarifying subject question will be issued in a future Amendment.
DFARS 252.225-7027
19. The RFP includes DFARS 252.225-7027 (Restriction on Contingent Fees for Foreign Military Sales). As a fixed priced requirements contract for supplies for the U.S. Government, it appears this clause was included in error. Please clarify whether FMS sales are anticipated.
Answer: DFARS 252.225-7027 (Restriction on Contingent Fees for Foreign Military Sales) was included in the RFP in the event an FMS order occurs.
Trade Agreements Act
20. As to the Trade Agreements Act & Buy American Act the RFP includes inconsistent clause and certification requirements. Based on the value of the contract, we believe the TAA should apply. According to the DFAR 225.1101(5)(i) and (11)(i), it appears the applicable clause is DFAR 252.225-7035 and the applicable certification is DFAR 252.225-7036. DFAR 252.225-7035 was included in the RFP, but DFAR 252.225-7036 was not. Instead, a Buy American Act clause was included (DFAR 252.225-7035). Please clarify whether the TAA or Buy American Act applies to this contract and what the applicable certification will be.
Answer: The correct clause DFARS 252.225-7021 was included. An Amendment to incorporate its applicable certificate will be issued.
SOW Sect. 3 Master Ordering Facilities (MOF’s) (pp. 56-63)
21. How many MOF orders were required last year?
Answer: Approximately 850.
22. DLA states that the MOF that is created will have a distribution fee of $0. Does that mean that the CRR does not apply?
Answer: The CRR applies.
23. Will this be a bill to the MOF and a ship to the location for which the MOF is placing the order?
Answer: The MOF facility that places the order is responsible for receipting and paying the orders.
24. Will usage be supplied for these locations?
Answer: There is no service level requirement for MOF activities due to unknown requirements and no usage is available in advance.
25. Are the orders for these accounts included in the service level requirements?
Answer: There is no service level requirement for MOF activities due to unknown requirements.
26. Under Sect. 3.A.1.a. Theater Lead Agent Medical Materiel (TLAMM) DLA states the following: “Under this TLAMM category, if the external customer that the MOF is ordering for is an established ordering facility under a PPV contract, the MOF must first attempt to source the customer’s requirements, including quantity and required delivery date, from the Primary Regional PPV where that customer is already established and routinely submits orders.”
a. Why would the MOF be placing the order if the external customer is already a PPV customer?
Answer: The MOF may have to place an order for an external customer who is already a PPV customer during contingency operations. These missions are in response to worldwide crises/incidents.
27. If there is a service level requirement, would another Global Region PPV be held responsible for service level on an item(s) that could not be filled by the primary or backup?
Answer: There is no service level requirement.
SOW Sect. 3.B Delayed Delivery Orders (DDO) (pp. 58-60)
28. Due to the stringent requirements of this contract, i.e. next day delivery, 98% fill rate, 6mo/12mos dating etc., one must ask what is the purpose of the Delayed Delivery Orders? Why have all these requirements for the PPV as well as DLA when fulfilling of orders can be accomplished next day?
Answer: Delayed Delivery Orders (DDO) support a niche group of customers that do not have daily demands like an MTF. They are our readiness customers who acquire and rotate War Readiness Materiel (WRM) and or sets/kits. The purpose of a delayed delivery order is to ensure the customer a time definite delivery of larger than normal quantities delivered to the assemblage floor/warehouse when space and time permit. The orders being placed could not be satisfied by next day delivery since the quantities are generally larger than required and it is important that all of the materiel shows up together. The DDO gives the PPV the chance to determine if they can acquire the required amounts and deliver them when needed by the customer. A Delayed Delivery Customer order will contain a Required Delivery Date (RDD) which will specify the date the customer requires the order to be delivered in the future (30-180 days). Delayed Deliveries represent a specific exception to how non-usage items are treated since they represent non-usage items which carry a fill rate requirement. Language in the SOW will be clarified through an Amendment.
29. Under Sect. 3.B.3. DLA states that “Fill rates will be calculated for all Delayed Delivery orders except those with an RDD.” However, it states in Sect.3.B.1. above “….a delayed delivery Customer order will contain a Required Delivery Date (RDD).”
If all DDO’s contain an RDD, how can there be a service level calculation when they would all be exempted?
Answer: 3.B.3 has been revised to state that all DDOs will require an RDD and a fill rate will be calculated on all DDO orders without exception. Language will be incorporated in a future Amendment.
30. Under Sect. 3.B.3. DLA states that “The required fill rate for delayed delivery orders is 98% for each order and for all orders collectively. Partial shipments are not authorized.”
a. If partial shipments are not authorized, which would assume 100% fill, how can there be a 98% fill rate requirement?
Answer: Excluded from the basic fill rate will be any delayed delivery orders for the time period, which will be calculated separately for compliance with the required delayed delivery fill rate of 98% and Holding Orders.
b. DLA states –“Delayed Delivery Orders (DDOs) can be placed for both Usage and Non-Usage items.”
1.) Are you therefore requiring a service level commitment on items for which you have provided no usage?
Answer: Yes, Delayed Deliveries represent a specific exception to how non-usage items are treated since they represent non-usage items which carry a fill rate requirement.
31. Under Sect. 3.B.3. DLA states “Delayed deliveries represent a specific exception to how non-usage items are treated since they represent non-usage items which carry a fill rate requirement.”
a. Would DLA explain this special exception?
Answer: Since only MOFs can place Delayed Delivery Orders, the special exceptions are: TLAMM missions supporting contingency operations, Routine – Hub and Spoke Concept, and Readiness, Set/Kit Assembly Programs.
32. Sect. 3.B.8. states “If the price is not accurate, a notification (EDI 824 – Application Advice) will be sent to the vendor that the EDI 865 is not being accepted. The EDI 824 notification will contain the correct price for the item(s). The vendor must then resubmit an EDI 865 with the accurate price within 24 hours.”
a. Upon the PPV updating this new price from the 824 and when the PPV submits the chargeback to the supplier based on this new price and the supplier rejects that price, how will DLA address this discrepancy to make the PPV financially whole?
Answer: In order for the PPV to recover the money due them, the PPV must submit a chargeback request to the manufacturer/authorized distributor. Chargebacks are the sole responsibility of the PPV contractor. Any chargeback denials between the PPV and a pharmaceutical supplier due to eligibility or a conflict between the price shown in the DLA Troop Support Pricing File and the price alleged by the pharmaceutical supplier in response to the chargeback request needs to be resolved by the two parties. In no event, shall the PPV go back directly to the customer for the adjustment.
33. Sect. 3.B.8. also states “The Government also reserves the right to initiate Purchase Order Change requests (EDI 860) to update pricing on delayed delivery orders.”
a. How will DLA notify the PPV that a change in pricing has taken place?
Answer: This transaction set will go from DMLSS/TEWLS/EDI to the PPV.
b. Same questions as number 11 above applies here as well. Would DLA explain this special exception?
Answer: No “special exception” is cited in Sect. 3.B.8.
c. If the Government should change contract vendors after the purchase order has been placed and confirmed, will the Government honor the order of the old contract item that is no longer on contract?
Answer: If the order is placed while the PPV contract is valid (10 years if all options are exercised) the Government would honor the Purchase Order. If the valid Purchase Order was placed for a valid PPV program item and prior to delivery, barring no notification from the Contracting Officer, then the Government would honor the Purchase Order containing the old contract item even if it falls off a Government contracting vehicle.
34. Sect. 3.B.16. DLA states “All schedule and controlled items are permitted to be ordered by a designated MOF customer in accordance with DEA regulations.”
a. Please verify that this will include CII’s?
Answer: Yes, C IIs are included.
1) If so, does DLA understand that these orders may not be held for delayed delivery?
Answer: According to Title 21 CFR, Part 1305 – Orders for Schedule I and II Controlled Substances Subpart B – DEA Form 222, Section 1305.13, paragraph (f) “DEA Forms 222 submitted by registered procurement officers of the Defense Supply Center of the Defense Logistics Agency for delivery to armed services establishments within the United States may be shipped to locations other than the location printed on the DEA Form 222, and in partial shipments at different times not to exceed six months from the date of the order, as designated by the procurement officer when submitting the order.” Language in the SOW will be clarified through an Amendment.
b. Can we presume that the CII orders will not come through CSOS?
Answer: CII orders do not presently come through CSOS.
35. Sect. 3.B.7 provides that the PPV may update the pricing on DDO once no later than 3 days before RDD.
a. Pricing of FSS items is negotiated between the pharmaceutical manufacturer and the VA. We believe DLA and the PPV are required to adhere to the prices established in those contracts. The RFP’s proposed approach for pricing DDOs is not consistent with FSS pricing. As DLA is aware, the pricing on many FSS items is changed retroactively. Moreover, pricing can change frequently over a six month period and the proposed terms only permit a single price change. We request that DLA amend the RFP so that pricing of DDO items is based on the same rules as other orders.
Answer: DDOs are received from the customer and priced at that time. Medical will price verify the Vendor’s 865 and give vendors another opportunity if the price is incorrect. Language in the Delayed Delivery section of the SOW will be clarified through an Amendment.
36. Sect. 3.B.8 gives the government the ability to cancel any DDO if a price increase is “significant.”
a. Please advise what the government would deem to be a significant price increase, i.e., criteria used such as % in increase, etc.
Answer: Subject question will be addressed in a future Amendment.
b. Sect. 3.B.8 also gives the government the unilateral right to cancel a DDO because of a price increase. Cancellation of an order solely on the basis of price is entirely inconsistent with this being a “Requirements” type contract. If the government cancels a DDO order, how will the government compensate the contractor for having held merchandise in inventory for what may be a very significant period of time?
Answer: Refer to Section 3.B.9 - The customer may initiate a cancellation request up to 10 business days prior to the RDD for any line on the acknowledged order; however the PPV may refuse the cancellation request. Conversely the PPV may initiate a cancellation request for any line on the acknowledged order up to 10 business days prior to the RDD due to the item not being available; however before initiating the cancellation request, the PPV must communicate with the customer to allow for instances in which the customer would allow a later RDD for the item(s).
SOW Sect. 1.A.3 Small Business Utilization (p. 32)
37. Sect. 1.A.3 requires offerors to submit subcontracting reports that are specific to this contract which is equivalent to requiring the contractor to have an “individual contract plan” in place. The FAR provides that the preferred approach for a commercial item contractor, such as the instant procurement, is to have a “commercial plan” FAR 19.704(d). Once a contractor has a commercial plan they are required to submit subcontracting reports pursuant to that plan.
a. It appears that the RFP is inconsistent with FAR 19.704(d). Please confirm that a contractor with an approved commercial plan can use the reports submitted under that plan to meet the requirements of SOW Sect. 1.A.3 and that no contract level reporting will be required.
Answer: A contractor with an approved commercial plan can use the reports submitted under that plan to meet the requirements of SOW Sect. 1.A.3 but shall IAW FAR 19.704 (d)(4) Comply with the reporting requirements stated in paragraph (a)(10) of this section by submitting one SSR in eSRS, for all contracts covered by its commercial plan. This report will be acknowledged or rejected in eSRS by the contracting officer who approved the plan. The report shall be submitted within 30 days after the end of the Government's fiscal year.
SOW FAR 52.212-2 Evaluation Commercial Items (p. 131)
38. Page 131, FAR 52.212-2 Evaluation Commercial Items (Jan 1999) i. Technical Requirements: #1 and #2. The government will conduct site visits at the offerors’ distribution centers to verify the minimum 90% breadth and 90% depth for Day to Day and 75% breath and 25% depth for WRM orders.
a. Will the government visit the multiple distribution centers on the same day or over a period of days since the requirement can be met across multiple distribution centers?
Answer: The Government may visit multiple sites on the same day, but most likely the visits will be over a period of days.
b. To ensure appropriate resources are available at the sites, can the government provide the percentage of items that will be part of each of the random samples?
Answer: No, see the Technical Requirements in FAR 52.212-3 for all available information on site visits.
SOW Sect. 3 Master Ordering Facility (p. 58)
39. Can the government provide an estimate of the number of occurrences and an estimate of the sales that this ordering process will be utilized?
Answer:
a. Master Ordering Facility – approximately 850 occurrences
b. Delayed Delivery Orders - This is a new feature for the PPV program.
There is no estimated number of occurrences or estimated dollar value available.
SOW Sect. 2.N (a-b). Cold Chain Discrepancies (pp. 55-56)
40. Are the temp tale monitors required for all cold chain shipments to CONUS and OCONUS?
Answer: See Section 9C. Temperature monitoring devices will be required for all Cold Chain Shipments. Temp tale monitors are the only DLA approved device for OCONUS shipments. Additional information regarding the CONUS temperature monitors is available in the Cold Chain packaging protocol guide on DMM online.
41. Other than vaccines, what items are subject to the cold chain protocols? Please supply a list of items.
Answer: Any temperature sensitive materiel requiring refrigeration is subject to the cold chain protocols.
42. Are the temp monitors required along with the temp tale?
Answer: No, temp tales are used for OCONUS only and not in addition to other temperature monitoring devices.
43. Is the 96 hour pack out procedure for CONUS and OCONUS?
Answer: This is an outdated requirement and will be removed. An Amendment to the SOW will be issued.
SOW Sect. 10 Electronic System Requirements, F Invoices, 2 (p. 94)
44. Question regarding payment terms.
Answer: Refer to SOW, Section10 Electronic System Requirements, F Invoices. “For all customers, payment will be made 10 days after customer receipt or receipt of a valid invoice, whichever is later.”
45. Do the quantities have to be in a single [distribution center] location or do PPVs have to demonstrate that they have the required quantities in our distribution networks?
Answer: Depth and breadth quantities can be met throughout at PPV’s distribution center network.
46. On Page 89(i) It states “Document Number: the EDI 850 will contain a Summary Document Number for Army Defense Health Provider (DHP) customers and a Document Number per CLIN for the Air Force, Navy, AMMA, and TEWLS customers”.
Could you explain what the document number per CLIN is and what the desired output would be?
Answer: The document numbers sent on an electronic order need to be returned on the EDI 855.
47. Even if a vendor isn’t bidding on the entire Solicitation, will they still need to provide the quantity on hand figures at their facilities for each of the 3,000+ items on these spreadsheets?
Answer: No. Vendors will only need to provide on hand figures for the line items for the Contract Line Item Numbers (CLINs) that they intended to offer on. Language in the SOW will be clarified through an Amendment.
48. The Special Instructions state that Tabs A, B, and C of the Business Proposal must be submitted in Microsoft Word format. It appears that the forms for those Tabs were provided to bidders only in PDF format. Is there somewhere that these forms are available in Word format? Or can bidders draft their own Word documents that contain the requested information but would not be in the form represented by the PDF documents?
Answer:
TAB A. The SF1449 is available for download from the U.S. General Services Administration (GSA) website. See GSA Forms Library - http://www.gsa.gov/portal/forms/download/115922. Forms may be downloaded and saved in either PDF or MS Word format.
TAB B. The Offeror's Distribution Fees in the Schedule of Supplies/Services portion of the Solicitation will be made available in MS Word format.
TAB C. Offerors will need to be registered in the System for Award Management (SAM) - https://www.sam.gov/portal/public/SAM/. The Representations and Certifications (Reps & Certs) will need to be reviewed and a representative from the offerors agency will need to attest to the accuracy of the information. Once each area has been reviewed and the appropriate boxes checked, the document can be copied and pasted into MS Word.
49. On Addendum #3, in the second paragraph, it states that the offeror will have the full monthly quantity on hand at the time of the site visit, but then in subsection (i), it states that the offeror will have the full weekly quantity on hand at the time of the site visit. Do you know which quantity is correct?
Answer: It should be the full "weekly" quantity. Language in the SOW will be clarified through an Amendment.
50. Addendum #4 discusses analyzing past performance. I don’t see anything in the Technical Proposal or Business Proposal that requires bidders to submit any documentation regarding past performance.
Answer: Contractors Past Contract Performance history is captured and maintained by DoD.
SOW Sect. C Geographic Scope of Contracts, Other Government Agencies (OGAs)/Designated Provider (DPs) (p. 34)
51. Other Government Agencies (OGAs)/Designated Providers (DPs). The OGA portion of this solicitation includes the Department of State, all non-DoD, non-USCG and non-DP facilities within CONUS that participate in DLA Troop Support’s Pharmaceutical Prime Vendor Program. The DP portion of this solicitation includes all Designated Providers (DPs) that are part of the Uniformed Services Family Health Plan (USFHP) Program. Designated Provider and Other Government Agency customers with annual sales of $250,000 or less per year will have a PPV’s Distribution Fee of 0%, based on fiscal year 2012 data; the dollar value is estimated at $800K/year.
Does this paragraph mean that DLA expects a 0% distribution fee (not a minus and not a plus)?
Answer: The 0% distribution fee is not expected by DLA but set only for OGA and DP customers with annual sales of $250,000 or less per year.
52. I have a question regarding the Designated Provider portion of the bid.
The usage provided for the Designated Provider contains 9000 lines. The usage for the global contract has 19,000 lines of items.
If we were to bid on the Designated Provider only, would it be acceptable to respond with our capabilities using the Designated Provider usage rather than the global usage?
If we were to respond as BS for this bid, would we be in compliance by responding to our capabilities to the BS usage data or should we respond to our capabilities to support the global usage list?
Answer: Subject question will be clarified in a future Amendment.
RFID
53. Page 19-RFID FAR clause is listed. There is “no check” and the document says applies when checked. RFID is not listed in the SOW. Please confirm that there are no RFID requirements in the PPV-G solicitation?
Answer: The PPV-G Solicitation does not presently require RFID.
SOW Sect. B Catalog Requirements, 2. Data File Transmission from PPV to DLA Troop Support, f, (p. 80)
54. Page 80-F- indicated that DLA-TS requires a Pricing Agreement Relationship file. Please confirm that this file list is something that DLA-TS wants in the submission offer or is this a requirement for after awards are made. The language and references to Prime Vendors is confusing to us.
Answer: The requirement is after award.
SOW Sect. 14 Testing Requirements, C DLA Troop Support-
55. Page 116- item 3-indicates a full end to end Smoke Test will be required. Please confirm that this “Smoke Test” will be an event after award of the contract?
Answer: The requirement is after award.
Schedule of Supplies/Services, (pp. 6-10)
56. Reference-1st sentence on page 10-“offeror is required to submit its distribution fee for each line item as stated above”
Reference page 129- next to last paragraph- “Offerors are required to provide the following mandatory pricing information for all line items”.
Reference page 130- 2nd paragraph-“Line items #0005AA, 0005BB, 0005CC, and 0005DD are reserved for small business vendors only.
Please confirm that DLA-TS is not asking or expecting a large business to submit a distribution fee for the Upper Prairie Region- Line items #0005AA, 0005BB, 0005CC, and 0005DD?
Answer: Offerors are required to provide the following mandatory pricing information for all line items they intend to offer on. Language in the Solicitation will be clarified through an Amendment.
57. On the PPV Day-to-Day Spreadsheet do I need to indicate a stocking level for the products listed? Am I required to stock all the products/equivalents? [If bidding on the BS region] Do I need to submit the WRM spreadsheet as that is not a requirement of the BS?
a. Answer: The Back-up Supplier is not subject to the submission requirement for Day-to-Day and War Readiness Materiel (WRM).
Is there the ability to bid the BS by region or is it all or nothing with only 1 player?
b. Answer: There is one Back-up Supplier (CLIN 0006). The single awardee on CLIN 0006 will be the BS for all of the regions (CLINs 0001, 0002, 0003, 0004 & 0005).
SOW Sect. 1. Program Overview, A. Pharmaceutical Prime Vendor(s) (PPVs), 3. Small Business Utilization (p. 35ish)
58. In the past the Small Business information was a requirement. However; I do not see where it is required within this solicitation. Could you please verify if we need to provide this? If so, would we create a Tab D in the Business Proposal?
Answer: Tab D was eliminated as a submission requirement from the PPV-G Solicitation since the submission of a subcontracting plan is a Large Business Requirement.
File details come from the government source that posted it. Updated .