Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA
AMENDMENT OF SOLICITATION/M
AMENDMENT~MODIFICATION NO.

Document 18-7

Filed 08/15/2003
1. CONr 'T

Page 1 of 10
PAGE OF PAGES

.FICATION OF CONTRACT
14. REQUISITION~PURCHASE

ID CODE

1
REO. NO.

1

96

13. EFFECTIVE DATE

15. PROJECT NO.(flnppfiCUbk)

0008
ISSUED B Y

4 DEC 1995
CODE

sPO200

7. ADMINISTERED

N /A

BY ( l f o r k r r h n lum 6J

I

CODE

1

.

DEFENSE PERSONNEL SUPPORT CENTER DPSC-MSBAC 2800 SOUTH 20TH STRET PHILADELPHIA, PA 19 IO 1 .g+'Jl 7 li '. ATTN: Theresa R U C C I , 2 1 5 - 7 3 7 - 2 4 6 5
NAME AND

SAME AS BLOCK 6

ADDRESS OF CONTRACTOR (No., sneer. counry. Stare and U P code)

9A. AMENDMENT OF SOLICITATION NO.

U n i t e d Medical S u p p l yC o m p a n y ,I n c . 5 1 1 7N o r t h e a s tP a r k w a y F o r tN o r t h ,T a r r a n tC o u n t y ,T e x a s7 6 1 0 6

X

DLAl20-93-R-0587
98. DATED ( S G E l T E M 11)

11 A u g u s t1 9 9 3
1OA. MOMFICATIONOF CONTrUCTlORMR NO.

tOB. DATED (SEEIT&bf If)

:ODE

IFACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
is extended

3 The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers tended.

0 1s

not ex-

9ffers must acknowledge recelpt of this amendment prior to the hour and date specified in the solicitation or a8 amended, by one of t h e following methodr: (a) By completiw Items 8 and 15. and r e l u r n i n g . 1 - copies oftheamendmenl; @) By acknowledgiq receipt of this amendment on each cop of the offer rubmitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendmenl numben. FAILURE OF YOUR ACKbLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THERECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submltted such change may be made by telegram or IeHer, provided each telegram or letter makes reference to the solkitation and this amendment, and is recelved prior to the opening hour and date rpeclfii.
X!. ACCOUNTIHG AND APPROPRIATION DATA [lfrequircd)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDEfXS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THISCHANGE ORDER I ISSUED PURSUANT TO: (Specib aurboriryj THECHANGESSET S TRACT ORDER NO. I N ITEM IOA. FORTH IN ITEM 14 AREMADE I N THE CON-

8 . THE ABOVENUMBERED CONTRACT/ORDER IS MODJFIED TO REFLECT THE ADMINISTRATIVECHANGES (such PF C h g K S in pCry* appropriorion dare, ere.) SET FORTHIN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT I ENTERED INTO PURSUANT TO AUTHORITY OF: S

O t m .

D. OTHER (Spcc~jyrypc o j mod@mon and aurborlry)
1

E. IMPORTANT: Contractor

0 is not,

Ix]

is required to sign this

document return and

1

copies to t h e issuing office.

14. DESCRIPTION OF AMENDMENT/MODlFlCATlON (Organucd

by UCF sccnon hcndrnpr. vlcludmp solicrtario~connactsubjccr mDLIcr where fcaribk.)

S E E ATTACHED PAGES

Except a6 prcv bed hereln. all terms and condltlons of t h e document relerenced in Item 9 A or lo& as heretofore changed, remains unchanged and in.full f o r m

and ellecl.

15A. NAME Ah3 TITLE OF SIGNER (Type orprinr)

16A. NAME AND TITLE OF CONTRACTING OFFICER (VpC orprvu)

Joe k t . Smith, Jr ., Executive Vice P r S i C ' m t
15C. DATE SIGNED
BY (StgMDre ofpcrson

ROGER DIXON
CONTRACTING OFFICER
168.UNITED STATES OF AMERICA
(Signururc ofContracting Oficcr)
16C. DATE SIGNED

aurhorrzrdco sign)
30-105-02

STANDARD FORM 30 ( b ~ . 10-83)
FAR (48

Prescrly bd GSA

F ) 53 243

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*****NOTICE TO OFFERORS*****

i

This amendment is being issued in orderto incorporate the substantial changes made to the Prime Vendor (Medical/Surgical) Program as a resultof changing customer needs and changes in the technical requirements of the program. These changes are necessary in order to make this contract's requirements similar in nature to the other Prime Vendor(Medical/Surgical) contracts f o r the other regions so as to insure uniformity of products and services for all of the customers in the program.

Case 1:03-cv-00289-FMA

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1. Pages 1-88 of solicitation D~A120-93-R-0587 dated 11 August 1993, and amendments 0001-0007 (including the undated hereby deletedand replaced version of amendment 0001) are with amendment 0008 dated 4 December 1995.
T."...'

e.

,

2??4Please refer to pages 92 thru 9 5 . All NavaE-facIllties wi1l"require one order entry,package. All Army facilities will require as a minimugwtwo order entry sites. Additional site locations,.~j.l-be~provided after contract award. c
-*<""::.x?
.. -

3?%,The closing date is hereby extended to 3:OO PM, local time;'tl? January 1996. All responses must be received by the above cited time and date and'aresubject to the late submissforipmodifications,,and' withdrawal of proposals or, quotation provision.-ofehe solicitation.
". ..
d

Febrq

aY,q &

4??Facsirnile proposals are acceptable; FAR 52,215-18 "Facsimile Proposa-ls"-..$.shereby incorporated. into this solicitation. Facsimile numbers 215-737-9300/9301/9302 or 9303 apply.

.- - ._.
CLI

,

-.I

sa

5. Upon acknowledgment of this amendment, the offeror agrees that its offer, as it may have been amended or submitted, may be accepted within the same number of calendar days after the revised closing date as were specified f o r acceptance of the initial offer.
Address all mailed responses to the following address: DEFENSE PERSONNEL SUPPORT CENTER OFFER DEPOSITORY BLDG 12, 1ST FLOOR, WING E 2800 SOUTH 20TH STREET PHILADELPHIA, PA 19145

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GENERAL INFORMATION FOR

OFFERORS

The Defense Personnel Support Center (DPSC), Directorate Medical of Materiel is establishing a "Prime Vendor" program for brand name specific and generic medical supplies. A "Prime Vendor" is a business concern that functions as a purchaser's primary source for specified classes of products. A prime vendor is responsible for the deliveryof goods produced by various suppliers to thecustomer upon order. DPSC Medical is selecting regional prime vendors for brand name specific and generic medical supplies broadly covering medical/surgical and pharmaceutical products. Presently, these items are purchased locally by the military medical facilities. Each prime vendor will be the primary for member hospi-tals in supplier of one of the designated product groupings a given geographic region. Under this program, the prime vendorschosen by DPSC will furnish the participating ordering facilities with majority the of their normal day-to-day requirementsfor brand name specificand generic medical supplies. DPSC Medical will establish approximately 21 regions covering the United States, Europe, and Pacific. There will be two prime vendors per one for medical/surgical items and one for pharmaceuticals. Each region Prime Vendor will be responsible for supplyingall of the medical i t e m that are listed on Do %%bution and Pricing Agreements (see below) ordered by the participatine, acilities inthe specific region. Duplicate items appearing on multipleDAPAs must be available through the Prime Vendor.

-

F

As part of the program, we are establishing "Distributionand Pricing Agreements1I (DAPA's) with medical/surgical and pharmaceutical product manufacturers. Under a DAPA, the agreement holder consents to allow prime vendors selected by DPSC Medical to distribute its products to participating ordering facilities and agrees that the prime vendor will be charged no more that the prices set forth in the agreement. Orders will not be directly placed against theDAPA's; they are being used only to establish pricing andto obtain the right for our prime vendors to distribute an agreement holder's products. The DAPA's will be used to facilitate "charge-back" arrangements between the.agreement holders and DPSC Medical's prime vendors. It is the responsibility of the prime vendor to use the DAPA holders as its source of supply. The specific sources of supply (DAPA Holder) for any item is determined by the ordering facility at the time an order is placed. It is the responsibility if the Prime Vendor to establish the necessary "charge-back" arrangements with the DAPA holders. DPSC may also issue Indefinite Delivery Type Contracts(IDTC's) for specific products to be distributedby the Prime Vendor. The Prime Vendor will be required to obtain these specific products from listed the sources. The price charged by the prime to the ordering activities will not exceed thatcited in the IDTC plus theofferor's negotiated distribution fee.
At the timeof award of each Prime Vendor contract, DPSC will provide the selected Prime Vendor a copy of all DAPA's and IDTC's either electronically or in a paper format.

NOTE:

MEXICO) - see Attachment

THIS SOLICITATION WILL RESULT IN THE SELECTIONOF A MEDICAL/SURGICAL PRODUCTS PRIME VENDOR FOR THE LONE STAR REGION (TEXAS/OKLAHOM?i/NEW

u.

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CAUTION NOTICE
-...i

e

'""This is a Source Selection Acquisition:

Award will be .based on factors other than cost or price alone. Evaluation factors for award are contained in DPSC Clause 52.215-9P19 '*EVALUATION FACTORS FOR AWARD". Source evaluation and selection procedures are contained in DPSC Clause 52.215-9P20 "SOURCE EVALUATION AND SELECTION PROCEDURES".
2. DPSC Clause 52.215-9P12*..should be reviewed carefully prior to commencing preparation of your proposal. Proposals which do not provide the required information the prescribed format as cited in DPSC Clause in 52-215-9P12 maybe excluded from further consideration. Technical proDosals must be devoid of all discussions or reference to mice.

NOTE:

'-7

Technical evaluationfactors 6 & 7, Socioeconomic considerations and Small and Small Disadvantaged Entrepreneurial Enhancement Development (SEED) Program, must be submitted with the Business Proposal.

3. Subcontracting plans (ReferenceClause 52.219-9): In the event that an annual companyor division wide'subcontracting plan is submitted in response to this solicitation, offerorsare reminded that the plan should be current, approvedand cover the company's current fiscal year, which must be identified. If an offeror has a previously approved plan, a new plan should be submitted least sixty days before the existing plan at expires. A Small Business and Small Disadvantaged Business Plan abcontracting Guide is provided in this solicitation and is marked "Attachment I. I
I'

I

i

Subcontracting plans approved by other government agencies should be company or division wide in order to be applicable. All plans approved by another government agency must be accompanied by the letter of approval issued by the agency. Plans must be submitted with the initial proposal. Small business concerns must meet the requirements of FAR 19.001 and meet the size standards as specified in clause 52.219-22. All small business and small disadvantaged business concerns will be subject to review and verification by the Small Business Administration.
4. A Requirements type contract is contemplated with the option to extend the effective period of the contract for four additional one year periods. Offers on the The total length of the contract would not exceed 5 years. options are mandatory. Failure to offer on all options w i l l result in an offer being eliminated from further consideration. A determination of price reasonableness f o r these line items s h a l l be made prior to award.

.

5. Award Announcement: The Government reserves the right to require the successful offeror to participate in a ceremony to commemorate the award of the contract. The location, date and time of the ceremony will be coordinated with the contractor, DPSC and facilities within theregion.
"

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~

. . *,= +-

Section B, Schedule of SuDplies The offeror, if awarded this contract, shall be paid for each rnedical/surgical product ordered and delivered which appears on a DPSC Medical Distribution. and Pricing Agreement(DAPA) or on an Indefinite Delivery-Type Contract (IDTC), plus the offeror's negotiated distribution fee. 'For anitem covered bya DAPA, the prime vendor will furnish the product at the price cited on the agreement plus the offeror's negotiated.distribution fee. For an item covered by an IDTC, the prime vendorwill furnish the product from the source listed under the IDTC at a price which does not exceed the price set forth in the IDTC plus the offeror's negotiated distribution fee. The prime vendor !shall only accept orders for and shall only furnish, under the contract, products which are part of the DPSC a Prime VendorProgram.!
i

The offeror is toiinsert in the spaces provided below its proposed distribution fees forithe stockless optionand JITO/EDO option for both the initial l-year contract ordering period and for each- of the 4 yearly option periods: These fees will cover a l l of the medical facilities listedon theattached list of facilities considering the stockless option and or the JITO/EDO option (see Attachment I of the Solicitation). The distribution fee must be the same for all of the covered facilities. However, offerors may propose different fees for each of the ordering periods. Partial offers based on only some of the listed facilities will not be considered. YOU MUST SUBMIT AN OFFER FOR ALL ORDERING - FACILITIES LISTEDAS ELIGIBLE FOR SELECTING THE STOCKLESS OPTION. Failure to submit a separate stockless option offer, in addition to your JITO and ED0 offers, will render your proposal ineligible for consideration for award for this region. The evaluation of option lines does not obligate theGovernment td exercise any of the options. The offeror's proposed distribution fee is to be expressed as a percentage ( % ) and shall be based on performance in accordance with the contract's Statement Of Work.
OFFEROR'S DISTRIBUTION FEE:

PROPOSED DISTRIBUTION FEE

LINE ITEM NO.
0001
0002

TIME PERIOD STOCKLESS YEAR SNITIAL OPTION OPTION YEARONE YEARTWO 7.4%* 7.4%*
7.4%*

OPTION
% %
%

JITO/EDO OPTION 6.4% *
6.4%*
6.4%*

I
% % % %

0003
0004

7.4%* THREE YEAR OPTION FOUR OPTION YEAR
7.4%*

%
%

6.4%"
6.4%*

0005

*

S U B J E C T TO N E G O T I A T I O N I F VOLUPiE DOES NOT XEACFi SO% OF THE STATED ONTRACT C AWATID.

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VALUATION OF OFFERS:

The Government will evaluate price offers by:

PART A-The weight given the Stockless Option pricing will to not be the same as the weight given to the JITO/EDO Option pricfng for evaluation purposes. The weighting factors Base 7% Year 1st Option 2nd Option 3rd Option 4th Option will be applied to
JITO/EDO 93% 74% 66% 58% 50%
STOCKLESS

26% 34% 42% 50% estimateddollar amounts.

theanticipated annual

PART B-To get the

TotalEvaluated Stockless Distribution Fee, 1) Multiply the Annual Estimate times the Weighting Factor for that year times theoffered distribution fee percentage for that year. 2) Do this for each of the five years. 3) Add the dollar figures for each year together.

PART C-To get the

TotalEvaluated JITO/EDO Distribution Fee 1) Multiply the Annual Estimate times the Weighting Factor for that year times theoffered distribution fee percentage for that year. 2) Do this for each of the five years. 3) Add the dollar figures for each year together.

PART D-To get the Total Evaluated Distribution Fee for the offer, add the answers from parts B and C together.

EXAMPLE: For this EX.the Dist.Fee is 5% for JITO/EDO b 10% for Stockless
Annual Stockless Base 1st YR 2nd YR 3rd YR 4th YR Estimates $19,700,000 $39,401,000 $39,401,000 $39,401,000 $39,401,000 Going Stockless
X X
X X X

Assigned Wt
73
26%
X

Offered Dist.Fee 10% 10% 10% 10% 10%
= =

Weighted Distribution Fee $ 137,900 $1,024,426 = $1,339,634 = $1,654,842

X
X

34% 42% 503

X X

TOTAL EVALUATED

STOCKLESS

= 51.970.050 DISTRIBUTION $6,126,852 FEE

Base 1st YR 2nd YR 3rd YR 4th YR

Annual Assigned Wt Estimates Going JITO/EDO 93% $19#700,000 x 74% $39,401,000 X 66% $39,401,000 X 58% $39,401,000 X 50% $39,401,000 X TOTAL EVALUATED JITO/EDO

X X X
X X

Offered Dist.Fee 5% 5% 5% 5%

= =
=

=

Weighted JITO/EDO Distribution Fee $ 916,050 $1,457,037 $1,3008233 $1,142,629
J

5% = DISTRIBUTION FEE

$5,801,774

985.023

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For additional information, refer to SECTION M, Clause 52.217-9P14(M).

XI. STATEMENT OF WORK (SOW1 CHANGES AFFECTING ONLY THE STOCKLESS OPTION
A.

General Information:

will use All facilities that are eligible for the stockless option the JITO/EDO system explained inthe basic Statement of Work shown on pages 9 through 24 of the original solicitation. Facilities listed on theeligible for stocklessoption list will be reflected on theaward documentwith both stockless andJITO/EDO distribution fees. These sites are notrequired t o participate in stockless, but will contact t h e successful awardee any time during the life of the contract to arrange to take advantage of the stockless feature. S f usage data is already established, the PV is required to implement the stockless option within30 days of notification by the ordering facility. If usage data has not already been established, the PV will be allowed up to an additional 30 days beyond the establishment of usage datato stock those items and implement the stockless option. B.
Prime Vendor's Dailv Duties:
1) Inventory the stock sites. 2) Compose the order. 3) Obtain Government authorization for the order. An authorized Government representative will be available at each stock site. 4) Provide notification on material notavailable to the stock site, within two hours of order authorization. 5) Deliver and restock material to the stock sitesby 3:OO P . M . ; local time of the stock site, on the date oforder authorization. 6) Provide priced packing s l i p s to designated Government representatives prior to restocking.
1 .

C. Features of the Stockless ODtion:
1) Prime Vendor (PV) will have accessto the ordering facility only during thehours of 8A"5PM, local time of the ordering facility, Monday through Friday f o r routine stock replenishment. Weekends and Federal holidays are excluded from routine stock replenishment. Orders during these days must be emergency. Other expanded access may be negotiated between the PV and the ordering facility after award.

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2) Product availability includes a minimum 95% guaranteed fillrate. 3) Only items identified the ordering facility to the PV as by usage data itemsare eligible to be included. Only DAPA and IDTC items can be supplied. 4) There are no maximum number of orders allowed per day. 5) Clause 52.216-9PO6, "Delivery Order Limitations (JAN 1992) DPSC," on page 40 of the original solicitation: "For stockless option only, minimum orderis reduced to $lO.OO.Original t e r n remain in effect for JITO's/EDO's.
6) There will be four free emergency orders (Stockless/JITO/EDO combined) in each calendar month, per ordering facility, for each ordering facility actuallyusing the stockless option. For sites using only JITO/EDO system, the two free emergency orders per month from the original solicitationremains in effect.
7) Material must be available in unit-of-use quantities. The existing DAPA pricing must be adjustedproportionately to reflect this change when invoicing.

8) The

PV

in

conjunction with the Government facilities representative

or the contracting officer representative is required to propose usage
data levels, in writing, based upon a review of the stock. The Government representativeat the stock site must officially approve these items and levels for use prior to the first stockless option being placed. 9) The PV must notify administrator or contracting officer an representative at the ordering facility of current stock site inventory not on DAPA/IDTC and of usage data i t e m that are out-ofstock at the PV in writing. A copy of this report shall be forwarded to the DPSC Contracting Officer. The oqdering facility or the contracting officer representative will perform a technical review of all proposed substitutes or functional equivalentproducts for stockless use at the level of facility. Once an approved substitute the Government has been identified for use at the facility level administrator/contracting officer representative will perform an analysis to determine which DAPA/IDTC items offered the best value to the facility. Approved substitute items not on DAPA/IDTC cannot be ordered by the facility until such time that an DAPA/IDTC is approved. The PV is then required to deliver and restock those approved DAPA/IDTC items within7 days. 10) Add-on sites (within the scope of the contract) will be allowed to elect stockless with the same terms as the existing sites.

D. Stockless Option Chanqesto the Statement of Work

1) The entire section entitled "Minimum Electronic Order Entrv [EOEI Svstem Reauirements," applies only to theJITO/EDO portion of the PV'S system with the exception that:

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,

a) No separate catalogneeds to be available at the stock site for
the stockless option. sufficient. The basic catalog forthe JITWEDO system is

b) Paragraphs F and G also apply to stockless.
2) The section "Minimum ReDortinu Recruirements," a l s o applies to stockless option sales. In addition, for stockless, the PV is required to supply product utilizationreports monthly, broken downby stock site, to the authorized Government representative at t h e stock site and the DPSC Contracting Officer.

3) ''Product Recall Notification," will still apply. In addition, for stockless, the PV is responsible for:

a) removing allrecalled material from the stock site,
b) coordinating with the stock site authorized Government representative to effect return of any recalled materialcurrently in use (released from the stock site to the ultimate user) and

c) toverify with the stock site authorized Government representative which terms and quantities, fromthe stock site, are physically in the possession of the PV as a result of the recall. d) replace the material, or provide an authorized substitute, to thestock site within hours of removing the recalled material, or of 12 notifying the ordering facility of the recall, whichever is earlier.

4) The balance of the original solicitation SOW (all parts not specifically addressed above) applies tolthe stockless option.

E. Additional Issues For Stockless Option

Page b8 in RFP, Section L, under Past Performance, Requirements A through E and G should be addressed separately for JITO/EDO Ordersand Stockless Option Orders.
- f

Page 81, in RFP, Section L, under Product Availability, offerors are required to address JITO/EDO Orders and Stockless Option Orders under requirements A, B and C.

Page 91, in RFP, Section M, under Product Availability, add Stockless orders to requirements A, B and C.