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

Case 1:03-cv-00289-FMA

Document 18-9

Filed 08/15/2003

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Section C

-

Statement of Work (SOW1 (Continued)

(1) Federal Insecticide, Fungicide, and RodenticideAct (2) Federal Food, Drug, and Cosmetics Act (3) Consumer Product Safety Act
(4) (5)

.

(6)

Federal Hazardous Substances Act Federal Alcohol Administration Act, if the material is or not subjectto one of the above acts, the Hazard Communication Standard29 CFR 1910-1200.
4

E. A packing list/slip shall enclosed with each order shipped be to indicate Prime Vendor, delivery order number, date of order, itemized l of supplies included the shipment by product number ordered, in quantity ordered, quantity shipped, and delivered unit price. The product number used in the order and confirmation will duplicatedon the packing slip. be
F. To assure thatall receiving activitiescan properly identify items requiring special handling and storage, the Prime Vendor shall annotate its packing list with the following notation: "REQUIRES SPECIAL HANDLING AND/OR STORAGE." Examples of the special handling storage and 2 statements include the following: "STORE BETWEEN degrees - 8 degrees C ( 3 5 degrees - 4 6 degrees F); "KEEP FROZEN; "FLAMMABLEg1.

G. Limited unrefrigerated medical material shall indicate the maximum remaining allowable time that the material can remain unrefrigerated at the time of delivery to the receiving activity. H. To assure that a l l Controlled Substancesas defined by Federal, State, and Local regulations can be properly identified by the receiving facility the Prime Vendor shall annotatefollowing statement its the on packing listfor those orders which require Controlled Substances: STORAGE. or "LIMITED ACCESS. In 'I accordance with Federal regulations, these items are identified by a distinctive Controlled Substance Schedule Symbol. This symbol appears only is on the immediate container or carton. "VAULT" to be used for items bearing Symbol C-11, "LIMITED ACCESS" is to be used for items bearing Symbol C-111, C-IV or C-V. Use of the word "narcotics"on shipping containers or packing slip is prohibited.

* Prime Vendor will enter the words VAULT"

"CONTROLLED SUBSTANCE REQUIRES

*

I. Effective 1 July 1996, the Government will require the Universal number Product Number (UPN) to be the single ordering in theDPSC MED/SURG Prime Vendor Program. This is a now a mandatory effective date. Failure to commit to meet this date will render your firm ineligible for further consideration for award under this solicitation. CERTIFICATION committing itself to Indicate below whether or not your i sfirm meeting this effective date: (Check One) No v Yes
A

*

The UPN numbering scheme must accommodate positions as the 17 manufacturer can electto use the Health Industry Business Communications Council's Labeler Identification Code (LIC) and manufacturer's Code (NHRIC); catalog/reorder number;or FDA's National Health Related Item

Case 1:03-cv-00289-FMA

Document 18-9

Filed 08/15/2003

Page 2 of 10

Section C

-

Statement ofWork ISOW) (Continued)

.

o r the Uniform Code Council's Uniform Product Code (UPC); Uniform or the Code Council-International Article Number (UCC-EAN). Products must barbe coded utilizing one of the following bar-code standards: Health Industry (uccBar-Code (HIBC) or Uniform Code Council-International Article Number EAN). The Prime Vendor will be required to use the UPN in all communications with DPSC and ordering activities which use line item transaction data (e.gOIANSI X12 850 orders, ANSI X12 855 confirmations, ANSI X12 832 price and catalog updates, packing slips, and reporting formats under this contract). INSPECTION AND ACCEPTANCE: Inspection and acceptance Of all SUpplieS will be performed at the receiving facility by an authorized receiving facility representative. Rejected goods will be held subject the PrimeVendor's to 15 order for not more than days pending the Prime Vendor's specific return instructions. After 15 days themerchandise willbe returned to the Prime Vendor at the Prime Vendor's expense. Expenses incqrred due to the of examination and testing materials or supplies which have been rejected will be charged the PrimeVendor's account. "Rejected Goodso1 to are those listed under "Return Policy" above, except item (6). IMPLEMENTATION PLAN:

A. The Prime Vendor must submit a plan to the Contracting Officer outlining how it intends implement the Prime Vendor Program at each of to I. be the facilities listed in Attachment This plan will requested at the or of earlier of: (a) during negotiations (b) within 5 days after receipt award notification. The Government.shal1 approve, conditionally approve or disapprove the PrimeVendor's plan within 7 days after contract award. The to the initial Government reserves the right require additional plans if submission(s) are not approved. The DPSC Implementation Manager will set if up a technical meeting with the Prime Vendor necessary. Implementation of the Prime Vendor program must be accomplished within the transition period indicated below.

.

E. Transition Period/Commencernent Schedule: To ensure successful implementation and sufficient administrative lead time for continuity of services, the Prime Vendor shall commence performance no later than 60 days after approvalof the implementation plan if the has received a prior PV 120 award and no later than days for a Prime Vendor receiving its first award. The Prime Vendor 60 day implementation requirement based upon is the Government providing all usage data to the Prime Vendor 10within days of contract award. All contract costs associated with the transition period shall be borne by the Prime Vendor. Ordering facilities usually of maintain an inventory stock-on-hand that will be reduced during the transition period through normal attrition. Orders will be placed with th as Prime Vendor as needed existing inventories are reduced.

Case 1:03-cv-00289-FMA

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Filed 08/15/2003

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+ ons are The following Federal Acquisition Requla- i incorporated by reference:

52.212-13 52.212-15 52.246-2 52.246-16 52.247-34

STOP WORK ORDER (AUG 1989) GOVERNMENT DELAY OF WORK (APR 1984) INSPECTION OF SUPPLIES

-

FIXED PRICE (JULY 1985)

RESPONSIBILIW FOR SUPPLIES (APR 1984) . F.O.D. DESTINATION (JAN 1991)
: .?

..

[X] 52.217-9P16 EFFECTIVE PERIOD OF CONTRACT INDEFINITE DELIVERY CONTRACT (JAN 1992) DPSC

-

The effective period of this contract from the date is
of award throuqh one year thereafter.
[X]

52.247-9PO2

CONSIGNEE'S NOTIFICATION TO PURCHASING ACTIVITY OF NONRECEIPT, DAMAGE, OR NONCONFORMANCE (JAN 1992) DPSC

The consignee shall notify the contracting office promptly after specified date delivery in the of contract/purchase order of supplies not, received, dameaged in transit,or not conforming to specifications the of contract/purchase order, Unless extenuating circumstances be than 6 0 exist, such notification should made no later days after specified date of delivery.

Case 1:03-cv-00289-FMA

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Filed 08/15/2003

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(e)

,iSAts n ' e r

Sevin) std r e s c r v i n 9 1.0the t c v c r m n t e l l :he i r s p e c t i o n p r c v i r i m , the f o l l o u i n g is

.slicrb!etothisccqJisitlon: nsvction e t ! ) t o n t r r t f o r ' s Plcnt s r d Accep:snce t : t 1 Contrector's Plant Destinction ' Destimtio3

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1 52.2L6-9001

52.246-9?02

ub

executio.?cf .r;rerentetive.
933

D3 Fcrn 250 by t h e e z t h o r i z e d C c v e r m c t

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52.2L6-FFO4
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I 52.2i5-9?54

(b) R e r u l t r n rr u e r do rc m t r e c tu i l l ca-rtain t h e cf the o f f i c e r t s p m s i b l e f o r p t r f c r r s c c :f i n s p e c t i c n .
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(c) Offercr shall i r d i c c t e k l c u t h e location . h r c s u x l i e s wi I I k inspected:

f I S2.2L6-F?G7

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Plant: Street: tity/St/Zip:
[ 1 ( 6 ) a o t u i t h s t a d i n g t h e f o r e g c l t yd e s i g n a t i o n cf i e s t i n a t i o n as the p l ~ c e o r inSpeCfiMl xd sccei3tancc Of f s L z I i e s f u r n i s h e d h s e r e u d c r , the t o v e r m n t r e s e r v e s t h e risht t o r e q u i r e i n s p e c t i o n and e c c e p t r n c e a t c o n t r e c t c r f s F!8?
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Case 1:03-cv-00289-FMA

Document 18-9

Filed 08/15/2003

Page 5 of 10

CH 9
DPSCK 4105.7
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op

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C t C ' t

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1
WASTER SOLICITATIOW CLAUSES

The following FAR provirionr/clauscr are incorporated by reference only when checked:
[

I

52.212-L

Parr (a):

LlOUlDATED DWGES--SJPPLIES, SERVICES OR RESEARCH AND D E V I L W H E W (APR 1984) Insert the m o m t o f

c

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52.212-9 VARIATIOW IN QUANTITY (APR 19844) Para (b): The p.nnisrible variation shall be limited to:

x

OF SIIIFWNT' (REPSHIP) OF PERISHABLE EDlUL ITEMS (JAN 1992) DPSC

52.247-WW

SPECIAL )UJIDLIYt/STORACE IYSTRUCTIWS
(JAY 1992) DPSC

4
OOOlM)

Percent i K r c r i e

G

Percent d+crcrse
1I 52.247-pP14

FOB ...

DELTIYITlOl FOR

SEAVAY
" " " '

This increase or decrease shall apply to: [ I 1. Each contract s&linc ia n m k r (e.g., t

DELIVERIES (JAM 1992) OPSC

& 2. Thr follwing ccntract
&)LL

C I
s h l i n e itm

52.247-9p16

WERNMENT

BILLS OF 1 A D I Y t (JAN 1992)

DPSC
The follcving e l ~ l r e set forth in full. text: is

nurkrr:

L , ne

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+rm:,

@nJrwd

OISTRIBUTIOW OF MATERIAL INSPECTI
RECEIVING REPORTS (JAN 1992) DPSC

p6 52.212-10 DELlVERY OF EXCESS WANTITIES (SEP 1989)
52.212-13 STOP-WRK ORDER (AUG 1989) GOVERNMENT DELAY OF K U K (APR 1982) F.O.B.
ORIGIN (JUY 1988)

Distribution of Material n : \ m i v r c e R Appcrdix F o the Defense FAR S W 1 - t O ) : 2

8
t I

52.212-15 52.247-29 52.247-34

t o the Defense *Purchasing Of 'ct'l c o w shalt be forua P e r r a n 1 S q p r Center, Defense Log' tics Agmcy, 2800 South 20th Street, .O. Box 8419, P .delphia, PA 191018419, ATTY: DPSC

/

1 3

FARS). Theuith ordsnce

)(I
I I

F.O.B.

OESTIYATIW

(NDV 1991)

5 2 . 2 ~ 7 . ~F.O.B. DESTIYATIW ~ (APR 1984) 52.247-52

-

.b ()
EVIDENCE OF SHIPHEN1

The

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CLEARANCE AUD DOCLMENTATION REOUIREMENTS SHIPMENTS TO DoO A I R OQ WATER TERMINAL TRANSSHIPMENT POINTS (APR 19821 DIVERSION OF SHIPWEWT WDER F.O.B. DESTINATION CONTRACTS (MAR 1989)

-

Marked for ATTY: DPSC-

/ \
acquisition. With

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Appecdix F,
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52.247-5L

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52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1981)
F.O.B. ORIGIY-UUL04D AND TRUCKLOAD SHIPMENTS (API 19U)
F.O.B.

[

1 52.247-59

t I

52.247-61

ORlGlN--MINIKIW SIZE OF SHIPMENTS

(APR 19BL)

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52.247-65

F . O . B . O R I G I N , PREPAID F R E I C H T - - W L L PACLAGE SHIPMENTS (JAY l W l )

SCL ET E

53-13

Case 1:03-cv-00289-FMA

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SECTIONS H L I

[X] USE OF ELECTRONIC DATA INTERCHANGE E D I ) (

.

(a) The Defense Personnel Support Center (DPSC) will utilize ED1 under this contract as set forth in the Statement of Work. The DPSC has Standards Institute implemented a system, using the American National Some of the common (ANSI) XlZ/UCS Standards, as applicable, for EDI. defined below: ED1 terms used elsewhere this solicitation are in ASC X12 Standards: ED1 standards, developed by the Accredited Standards Committee (ASC) of the American National Standards Institute (ANSI), which have of public announcementand been approved through the consensus process review. The committee is comprised of industry members who create ED1 to standards for submission the ANSI for subsequent approval and dissemination. Further information about the ANSI X12 Standards be can obtained from: Data Interchange Standards Association, Inc. 1800 Diagonal Road, Suite 355 Alexandria, VA 22314-2582 Phone: (703) 548-7005 Svntax: The grammaror rules which define the structurethe ED1 of standards. Tradinq Partner:
to This term is applied the sending and/or receiving party involved in the exchangeof ED1 transmissions. For purposes of this acquisition, both the Government and the successful contractor(s) would be trading partners.

Transaction Sets: Unambiguously defines, in standardASC X12 syntax, informationof business or strategic significance as pertains to a single normal it business document. A n example of such a set would be "transaction set 810 - invoice.
'I

Value-Added Network (VAN):

A mode of communicating ED1 transaction sets between trading partners. VAN'S are a third party network which act an electronic as mailbox service. The advantages of a VAN include matching transmission speeds, translatingprotocol between dissimilar computers, and checking for compliance with standards.

(END OF CLAUSE)

Case 1:03-cv-00289-FMA

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Filed 08/15/2003

Page 7 of 10

SECTIONS H& I [X] USE OF ELECTRONIC DATA INTERCHANGE( E D I )
(b) When ED1 procedures are to be used:>

-

CONTINUED

( 1 ) The contractor shall enter into a Trading Partner Agreement (TPA) with DPSC. The TPA shall identify, among other things, third the party network ( s ) , if applicable, through which electronic transmissions are made; the Transaction Sets used; security procedures; and guidelines for implementation.
( 2 ) The contractor shall be responsible for providing own its computer hardware and computer software necessary to transmit and of the receive data electronically under the framework TPA.

( 3 ) Nothing in the TPA will invalidate any part the contract of between the contractor and DPSC.
( 4 ) All terms and conditions which would otherwise be applicable to a pater order shall apply to the electronic order.

The (c) An example of a TPA is included herein as- Attachment IV. wording of the actual may vary from the example. TPA
(END OF

CLAUSE)

[X] 2 5 2 . 2 0 1 - 7 0 0 0

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

Definition: "Contracting officer's representative" meansan individual designated in accordancewith subsection 201.602-2 of theDefense Federal Acquisition Regulations Supplement and authorized in writing by or the contracting officer perform specific technical administrative to functions.
( b ) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written the designation. It will specify the extent of COR'S authority to act is on behalf of the contracting officer. The COR not authorized to make any commitments or changes that will affect price, quality, quantity, or delivery or any other term condition of the contract.

Case 1:03-cv-00289-FMA

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SECTION I

[X]

52.246-9P38

WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (MAR 1992) DPSC

(a) Definitions. as used in this clause, means act the of an authorized representative of the Government by which the Government assumes for itself,asor agent of an another, ownershipof existing supplies,or approves the specific servicesas partial or complete performance of contract.

_. Acceptance",

-. Correction",
elimination

as used in this clause, means the ofa defect.

"Supplies", as used in this clause, means the item services required furnished by the Contractor and related under this contract. The word does not include "data". (b) Contractor's Obligations.
( 1 ) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, any or condition of this contract concerning the conclusiveness thereof, the contractor warrants that for one year after receipt of supplies destination or, in the case of at the supplies requiredto bear an expiration date, for expiration dating period indicated in the labeling thereof, all supplies furnished

the

trade

(i) Are of quality to pass without objection in under the contract description;

(ii) Are fit for the ordinary purposes for which the supplies are used; (iii) Are within the variations permitted by the contract,and are of an even kind, quality, and quantity within each unit and among all units; (iv) Are adequately contained, packaged, and marked as the contract may require; and
( v ) Conform to the promises or affirmations of fact made on the container.

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[X]

52.246-9P38

WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (MAR 1992) DPSC (CONTINUED)

( 2 ) When return of the supplies to the contractor and redelivery, if applicable, is required, transportation charges and responsibility for the supplies while in transit shall be borne by the contractor. Contractor shall also be liable for (i) handling costs and incidental charges Of the incurred by the Government in the preparation described supplies for return to the Contractor and in return of said supplies to storage, after redelivery by the for cost of Government examinationof contractor and (ii) the correctedor replaced supplies computed and charged at the flat rate of 9 . 2 8 per hour. $4

( 3 ) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be of subject to the terms this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to. that in paragraph (b)(l) of this clause and shall run from the date of receipt at destination of the corrected or replaced supplies.

(c) Remedies Available to the Government.
(1) The contracting officer shall give notice to the contractor of any breach of warranties in paragraph (b)(l) of this clause within months from receipt of supplies 13 at a destination or, the case of supplies required to bear in ~ - ] ~ + ~ i an expiration date, no later than one month following ~ J thea : G C \ ~ ~ < exffdse-of ---any option,--may-unilaterally change itor< to one more-o th-e-r-opTT-onssG-t-fth-.b-el m - I kA ,c ~ ~ ~ - E J ,\ G ar o L c ~? ~ ,3AirLc e? , ;! ,A c
p

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[X] 52.246-9P38

WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (MAR 1992) DPSC (CONTINUED)

(iii) Retain or hold for contractor's account any suppliesor group of supplies delivered hereunder, whereupon the contractor shall repay the contract price therefore. In such event, the Government may reproduce similar supplies upon such terms and in such manner as the to the contracting officer may deem appropriate, and charge contractor the cost occasioned the Government thereby.
( 3 ) When option one para (c)(2) of this clause is of exercised, the contractor required to submit in writing is and within30 days after receipt of notice of such invocation a schedule for correction and/or replacement of all nonconforming supplies and subsequent redelivery of the returned supplies. Such schedule will become a partthe of contract delivery schedule upon agreement thereto by the an agreeable Government. If the contractorfails to provide schedule within the specified period,or any extension agreed by the Government, the Government (I) correct the may items and charge the contractor's account or (ii) aissue contract for correction of the items and charge the contractor's accountor (iii) exercise oneor more of the remedies specified in( 4 ) below.

paid

(4) If the contractor fails to accept return of the to nonconforming supplies; or, fails make redelivery of the corrected or replaced supplies to the Government within the time established; or, fails to make progress after their return to correct or replace so as to endanger such them failure,withina period of 10 days (or such longer period as the contracting officer may authorize in writing) after receipt of notice from the contracting officer specifying such failure, the contracting officer may exercise one or more of the following remedies: