Amendment 0011 to Solicitation SPM2DX11R0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 5

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

1 June 2012

4. REQUISITION/PURCHASE REQ. NO.

N/A

5. PROJECT NO. (If applicable)

6. ISSUED BY

DEFENSE LOGISTICS AGENCY TROOP SUPPORT

MEDICAL SUPPLIER OPERATIONS DIRECTORATE

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111

DLA Troop Support-FSBA (C. ZEKAS/ 215-737-5744)

CODE SPM200

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.

SPM2DX-11-R-0001

X 9B. DATED (SEE ITEM 11)

October 03, 2011

10A. MODIFICATION OF CONTRACT/ORDER NO

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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 is not, 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

Each offeror must acknowledge receipt of this amendment no later than 5 June 2012, 3 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)

Patrick M. Quigley 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

SOLICITATION NO. SPM2DX-11-R-0001 AMENDMENT 0011 PAGE 2 of 5

Solicitation is hereby amended as follows:

The following two provisions are hereby updated:

1. DLAD 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE

DISPUTE RESOLUTION (NOV 2011)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation

(FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

(End of Provision)

2. DLAD 52.215-9023 REVERSE AUCTION (NOV 2011)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting

Officer decides to use on-line reverse auctioning to conduct price negotiations, the

Contracting Officer will notify offerors of this decision and the following provisions will apply.

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered prices from each offeror.

These prices will be used in conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the basis for award stated in the solicitation.

SOLICITATION NO. SPM2DX-11-R-0001 AMENDMENT 0011 PAGE 3 of 5

(b) Following the decision to conduct discussions using on-line reverse auctioning as a pricing technique, the Contracting Officer or his/her representative will provide offerors determined to be in the competitive range with information concerning the on-line auction process. The Government intends to use a commercial web-based product to conduct the reverse auction.

(c) Prior to or simultaneously with conducting the on-line reverse auction, the

Contracting Officer may hold discussions with the offerors concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing.

(d) The lowest offeror’s price(s) for each round of the reverse auction will be disclosed to other offerors and anyone else having authorized access to the on-line auction. This disclosure is anonymous, meaning that each offeror’s identity will be concealed from other offerors (although it will be known to the Government; only a generic identifier will be used for each offeror’s proposed pricing, such as “Offeror A” or “lowest-priced offeror”). By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(e) An offeror’s final auction price at the close of the reverse auction will be considered its final proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final proposal revisions are again requested in accordance with Federal

Acquisition Regulation (FAR) 15.307.

(f) The following information is provided regarding the procedures to be followed if a reverse auction is conducted.

(1) 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.

(2) In order for an Offeror to participate in the reverse auction, such offeror must agree with terms and conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction service provider’s terms and conditions for using its service. Information concerning the reverse auction process and the commercial service provider’s terms and conditions is available at [https://govauctions.sourcing.procuri.com].

(3) Offerors shall secure the passwords and other confidential materials provided by the commercial reverse auction service provider or the Government and ensure they are used only for purposes of participation in the reverse auction.

Offerors shall keep their own and other offerors’ pricing in confidence until after contract award.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P322_54457

SOLICITATION NO. SPM2DX-11-R-0001 AMENDMENT 0011 PAGE 4 of 5

(4) Any offeror unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the

Contracting Officer or designated representative [insert name and contact information for designated representative] immediately. The Contracting Officer may, at his/her sole discretion, extend or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the offeror and outside the offeror’s control.

(5) The reverse auction will be conducted using the commercial reverse auction service provider’s website: [ https://govauctions.sourcing.procuri.com].

Offerors shall be responsible for providing their own computer and Internet connection.

(6) Training:

(i) 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.

(ii) An employee of an offeror who successfully completes the training shall be designated as a 'trained offeror.' Only trained offerors may participate in a reverse auction. The Contracting Officer reserves the right to request that offerors provide an alternate offeror employee to become a 'trained offeror.' The

Contracting Officer also reserves the right to take away the 'trained offeror' designation from any trained offeror who fails to abide by the solicitations or commercial reverse auction service provider’s terms and conditions.

(End of Provision)

3. Page 31, second paragraph, starting with “The contract shall…” delete the paragraph in its entirety and replace with the following:

The offeror shall successfully complete all required EDI testing with DLA Troop

Support within 60 calendar days after date of NPV (GEN-III) contract award however, the Government reserves the right to require EDI testing to be successfully completed within 30 calendar days after contract award. Within 10 calendar days after NPV (GEN-III) contract award, the contractor shall contact DLA Troop

Support’s EDI points of contact, Mr. Chester Dabrowski, DLA Troop Support, (215)

737-0419 to initiate EDI testing.

4. Page 62, (xiii) (a) (3) 6th paragraph starting with “The offeror shall…” change

EDI Point of Contact from Ms. Madeline Pera, DLA Troop Support-OSZE, (215)-737-5426 to Mr. Chester Dabrowski, DLA Troop Support, (215) 737-

0419.

SOLICITATION NO. SPM2DX-11-R-0001 AMENDMENT 0011 PAGE 5 of 5

5. Page 69, Addendum to FAR 52.212-1, 1. Paragraph (b) after the sentence

“Facsimile offers are NOT authorized for this solicitation” add the following:

The Government may conduct discussions with offerors through face-to-face communications, telephonic communications or by electronic mail (e-mail) communications.