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

Case 1:03-cv-00289-FMA

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Filed 08/15/2003

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(Onlv these orderina facilities are considerinu the stockless option

Maximum Number of Stock Sites Orderina Facilities

Total Yearly E s t Base Year

Corpus Christi

4
50

$300 ,000
$21,000,000

Fort Sam Houston
Fort Hood Fort B l i s s Fort Sill

30

$4,000,000

30

$18,000,000
$4,000,000

3s

Case 1:03-cv-00289-FMA

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Section B, Schedule of Supplies Estimated Annual Requirements: Based on a 12-month reporting period, the medical treatment facilitiesthat will be covered by the contract locally spent an estimated $57,665,500 per year for those types of medical/surgical products covered by the proposed contract. No guarantee is given that this volume will be purchased. It should be noted that during the first year of the contact each facility will begin to reduce its existing inventory of medical/surgical products. Orders will be placed with the PrimeVendor as existing inventories are reduced to lower levels. This may effect the volume of ordering duringthe base ordering period. EVALUATION OF OFFERS: The Government will evaluate price offers by:

(1) Multiplying the annual estimated requirements for the base ordering period and each option period by the offer's distribution fee f o r each period and then;
(2) Adding the dollar figure for each year to arrive at the total cost for the distribution fee for the entire 5 years.

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

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Section C GENERAL INFORMATION:

-

Statement of Work (SOW1

.

A. The contractor (Prime Vendor) shall provide all-medical/surgical products for which the Prime Vendor has been authorized distributor as a under DPSC Medical's Distribution and Pricing Agreements (DAPAs) under or Indefinite Delivery-Type Contracts (IDTCs). Under the contract,the Prime Vendor shall distribute the medical/surgical products to the ordering facilities specifiedon Attachmentm in accordance with the terms and conditions set forth in the contract. During the term of the contract or any renewals thereof, DPSC reserves the right to add ordering facilities to or delete ordering facilitiesfrom the list shown at Attachments. All ordering facilities added will be from the same geographic the as area region covered by this solicitation. Offerors alerted that the are contract estimate may change after award result of these additionsor as a deletions. The Prime Vendor will make shipments in one of the following ways :

ROUTINE:

1. Just-In-Time Orders (JITOL orders which the ordering facility wants delivered within hours of order placement, excluding 24 holidays and weekends. These items mustbe from DAPAs or IDTCs.

or

-

2. Extended Deliverv Orders (ED01 orders which the ordering facility wants delivered within7 calendar daysof order placement. These items must be from DAPAs IDTCs. The intent of EDOs is or to provide a method for non-usage data items to be ordered.
EMERGENCY: Usage data items requiring expedited delivery. Paragraph "G" under "Minimum Performance Requirements.
'I

-_

See

The major,ity orders placed are expected to be Just-In-Time Orders. of The ordering facility has right to identify the any item theyhave submitted usage dataon a s a JITO. All Extended Deliverv Order items appearing on one order must be delivered at the same time and 7 within days of order placement. If all ordered items are available in fewer than 7 days, they may be shipped in a single shipment at that time. Just-In-Time and Extended Delivery shipments cannotcombined on a single purchase be order. ''Drop''shipments are limited to those authorized by the ordering facility. Drop shipments are goods available through but not inventoried by the Prime Vendor. Drop shipments can be either JITOs or EDOs depending on-.the ordering arrangements the Prime Vendor has made the ordering with facility. B. Only items appearing on a DPSC Medical DAPAIDTC will be or All ordered and delivered under the Prime Vendor contract. items are brand name specific or generic commercial products which are identified the by manufacturer's item descriptions and part numbers and conformthe to manufacturer's commercial specifications. Estimated requirements listed in Section 3 reflect annual estimated requirements based upon usage figures provided by the participating ordering facilities.

Case 1:03-cv-00289-FMA
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\a0 -9 3 - R - os27
Section C

I4

of -

5%"

-

Statement of Work (SOW1 (Continued)

.
__

C. Each ordering facility's ordering point(s) will be responsible for its own ordering of items required. At time of contract award, the Prime Vendor will be furnished the name(s) of individuals authorized act as a to focal point at each facility included in this contract. Orders may be placed up to and including the last day the contract. of DEFINITIONS:
1. Manufacturers'/DAPA Holders Backordered Lines - includes all lines which are completely unfilledor only partially filled due solelv to manufacturers' backorders. Manufacturers' backorders represent mater1.a1 the manufactureris unable or unwilling to supply the Prime Vendor. The to Prime Vendor shall receive full credit for fillrate calculations for each partially filled or completely unfilled line caused aby manufacturer' S backorder.

3.

Partially Filled Line - any line that is not shipped its in entirety.

When the Prime Vendor ships a total quantity but any of the following discrepant conditions are found, the Prime Vendor only take credit for can a Partially Filled Line: a. b. c. d. Missed picks Damaged items Unauthorized substitutions Outdated items

4. Fill or Kill - If an order for an item cannot be filled the by Prime Vendor when ordered, the request that particular item for will be automatically "killed" (cancelled) unless the ordering facility has previously approved deliveryof a substitute. However, if thePrime Vendor can partially fill order for an item, it shall do so and the remaining an quantity will be automatically "killed" unless the ordering facility has previously approved delivery of a substitute. The Prime Vendor Interface (PVI) cannot handle substitute items.
\

*

5. Fill Rate - The fill rate will individually calculated on a be monthly basis for each ordering facility and shall be based n l y on those o products f o r which the Prime Vendor and DAPA holder have enteredan into agreement.

6.%Fill Rate Calculation for Both Just-In-Time Orders and Extended Delivery Orders: Fill Rate( % )
= (100% -

Controllable Factor)

+

Non-Controllable Factor

where the

Case 1:03-cv-00289-FMA
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Y 3 - R -os&-".
Section C

-

Statement of Work (SOW) (Continued)

Controllable = Tot Lines Not Factor ( % )
0 ,

ShiDDed+ 1/2 Credit-for Part Fill Lines Total- lines Ordered

and Non-Controllable Factor ( % )
=

Manufacturers'Backordered Lines Total Lines Ordered

= Total Lines Ordered 2500 Total Lines Not Shipped = 150 Part Fill Lines 5 0 = Manufacturer Backorders = 50

150
Controllable Factor =

+

1/2(50)

" " " " " " " "

=

.07

or

7%

2500

Non-Controllable

Factor=

""_
+

50

=

.02 or 2 %

2500
Fill Rate%
= (100%

-

7%)

(2%)

=

95%

.

7. Usase Data (Core Items1 - items, with associated quantities, designated by the ordering facility as those that will ordered under Prime Vendor program. 8. Delivered Unit Price- the product's delivered unit price shall be computed as follows (the unit price is the lowest unit of measure):

the

(i)

the price of the product itself, as negotiated and published on a DPSC DAPAor IDTC, plus (ii) the Prime Vendor's distribution fee, plus (iii) the applicable DPSC administrative fee. Distribution Fee ( 5 . 0 % ) Subtotal (for example only) DPSC Administrative Fee(M-%f 1.3% Delivered Unit Price
4-

Example: Product Price

+ . 2 ,a7 -f
$&IA-l< I . 2 7 3

$20.00 1.00 $21.00

The DPSC administrative fee is applied after the product price and th Prime Vendor's distribution fee are added together. The delivered unit price is to be the only price visible to the ordering facility: At the time of award, DPSC will furnish the Prime Vendor all current product and pricing information appearing a DPSC DAPA or IDTC and the on current DPSC administrative fee. The DPSC administrative fee shall be subject to change (normally on 1 October of each year). F h c i F C S c i * - f e i-n-e .for--the.<' p e r i o & o ~ C t - o b ~ f i ~ ~ ~ 1 9 9 5 - t h r o u g h - ~ e p t e m b e r - - - 3 0 - ; - - 1 9 9 6 -i sb Tl?sC 1.3%. - - i -7 \ ~ \ i \ \ , < \ ~ \ ~ t \ ~ t o L e w 41 c i L C - L ~ I J C I TC\T i S 1. 3%
7

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Section C

-

Statement o f Work (SOW1 (Continued)

MINIMUM PERFORMANCE REQUIREMENTS: The Prime Vendor shall meet the following minimum performance requirements for each ordering facility in the contract (see Attachmentm): A. Maintain, at a minimum, 9 5 % monthly fill-rate for each ordering a facility for Just-in-Time Orders and Extended Delivery Orders. Supplies shall be furnished on a llfill-or-killll basis. The fill-rate is based on the definition provided under Section C I1Definitionst15 . Offerors are # advised that alternate llFill-Rate'l methodologies unacceptable. are
B . Accept receipt of non-emergency orderson its Electronic Order Entry (EOE) system at all times between the hours of 8:OO A.M. and 5:OO P.M, local time of the ordering facility, Monday through Friday.

cite
' i

C. Accept on a daily basis up to 1 individual delivery ordersfrom 5 each ordering facility cited the contract. The Prime Vendor shall in package eachorder separately for delivery to the ordering facility delivery point(s) cited in thecontract.

D.
week.

Accept receipt of emergency orders 2 4 hours a day,7 days per

E. Within 30 days of getting usage data from the ordering facilities, the Prime Vendor will have the items available for ordering. The initial 60 days of ordering for each ordering facility will be exempt from the fill-rate calculation. Items orderedby a facility whose usage data has not been provided or whose product quantities of the most recent month in question exceed the prior day usage will be exempt from calculation. 45 the
F . Deliver all orders for non-emergency supplies within hours 24 (JITO) or 7 calendar days ( E D O ) of receipt of the order. Deliveries will be made between the hours 8:OO A.M. and 5 : O O P.M., local time, Monday of through Friday, excluding holidays. JITOs received on a Friday will be delivered on the following Monday. All JITOs received 5:OO P.M. must be by delivered within 2 4 hours except as noted above (i.e., holidays and weekends).

G. For William Beaumont Army Medical Center, El Paso, TX, deliver all orders f o r emergency supplies withinAhours of receipt of the order in 100% of the cases. For the following facilities - Reese AFB - TX, USAF Clinic - Goodfellow AFBTX, Holloman AFBNM, USAF Hospital Kirtland AFB - Alberquerque, NM, and Cannon AFB NM deliver all emergency supplies within U . h o u r s . receipt of the order inO O % . . . o f . . . ". ""..* ..cases.f For all the of .l the , . .. _. remaining facilities deliver all orders for emergency supplies 6 within hours of receipt of the order in 100% of the cases. Provide emergency delivery service 2 4 hours per day, 7 days per week.
~

*

Provide each ordering facility with telephone number and/or pager the number of the PrimeVendor's representative responsible for providing this service. Delivery of items on an emergency basis will be by fas.test possible carrier if emergency shipments are requested the ordering by facility. The contractor will provide a minimum two ( 2 ) emergency of shipments per month at additional charge to the ordering facility. no Additional emergency shipments can have all applicable transportation and handling costs charged to the ordering facility. Each Prime Vendor must

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Section C

-

Statement of Work (SOW1 (Continued)

cost brokenout by. indicate in its offer,the transportation and handling charged f o r each additional emergency shipment. facility, that will be

H. Conduct a training program at each ordering facility the within start-up period specified in the contract. The ordering facility staff shall be provided with adequate training on the Prime electronic Vendor's catalog and order entry system. Adequate training (as determined by the ordering facility) is defined as: "Training sufficientfor ordering facility staff to use the catalog and order entry system without assistance." Training will be for a minimum of 4 employees at each ordering facility. The training shall include all aspects the Prime of Vendor's electronic catalog and electronic order entry system. contact A person and telephone number must provided in the event additional be instruction is necessary. I. Provide 2 sets of printed training manualsto each ordering facility and/or provide on-line context-sensitive help capability an as integral part of the Price and Product Catalog and EOE system. the
.~
~~ ~

CERTIFICATION:
Indicate which type (or both) of assistance your firm is offering: (Check however many apply) X X My firm is providing 2 sets of training manuals per ordering facility. My firm is providing on-line context-sensitive help capability. providing My is neither firm

I

of the above.

II

J. If Prime Vendor-owned equipment is furnished, emergency service and repair calls shall be made on unlimited basis atno additional cost an to the ordering facility. Within 4 hours after notification by the 2 ordering facility that any part of the Prime Vendor owned equipmentnot is functioning properly, the Prime Vendor shall furnish a qualified representative to inspect the equipment and perform all repairs and adjustments necessary to restore theequipment to normal and efficient operating condition. If repair is not feasible, the Prime Vendor shall provide replacement. By either repair or replacement, the ordering facility shall not be without on-line order entry system r more than an fo 4 8 hours. During any resulting down period the Prime Vendor must honor all telephonic or faxed orders at no additional cost,

X. The Prime Vendor shall not be responsible f o r any repairs or replacement parts necessitated by neglect the ordering facility of employees, such as improper application, maintenance,alteration, or by or factors external to the equipment such as deficiencies in air conditioning humidity control o r electrical power. Repairs necessitated by abuse, separate purchase neglect, vandalism,A c t s of God shall be performed under order issued by the ordering facilities and shall not be performed under this contract. L. The P r i m e Vendor shall provide o n l y dated/shelf life products bearing an expiration date/shelf life with at least 6 months remaining upon delivery to the ordering facility. For those products which have an

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Section C

-

Statement ofWork ( S o w 1 (Continued)

initial expiration/shelf life of months or less, the Prime Vendor 6 shali provide at least 7 5 % of the dating.
M. The Prime Vendor shall notify each ordering facility any of it orders. manufacturer backordered item which its usage reports indicate

N. The Prime Vendor shall submit recommendations requests for or or substitute products directly the Contracting Officer's Representative to t the ordering facility. Only the Contracting Officer's Representative or the ordering facility can approve and order substitute products. During manufacturer's backorder periods for usage data items, the Prime Vendor's in sales representativeis required to assist the ordering facilities promptly identifying available substitute DAPA items.
0. The Prime Vendor's representative shall make a minimum one of to scheduled sales visitper month to each ordering facility discuss customer satisfaction. Additional visits may be requested the at or discretion of the Contracting Officer ordering facility. The Prime Vendor must supply a toll-free access number for the facilities to use when contacting the Prime Vendor's sales representative, if outside local the calling area.

P.

Special Requirements:

1. The Prime Vendor must have Prime Vendor/DAPA Holder 9 minimum of agreements in place, within0 days of their award date, for a 9 5 % of the DAPA items under agreement between the DAPA holders and DPSC. 2. The Prime Vendor shall not require more than maximum of $1 a million of product liability coverage per DAPA holder.

FAILURE TO MEET THE REQUIREMENTS OF PARAGRAPH "P"IS GROUNDS FOR TERMINATION FOR DEFAULT.

A. The Prime Vendor must provide the name and phone number of their Defense technical EOE system expert to the Contracting Officer and to Medical Systems Support Center (DMLSS-PMO). This technical expert must be EOE system. available to answer all questions regarding the Prime Vendor's
B. The Prime Vendor must be capable processing batch orders (onof line capability in addition, acceptable). The system will have is the capability of asynchronous dial-up. ~f customer access is not available used'which via asynchronous dial-up, a value-added network (VAN) shall be will convert the bisynchronous signal to an asynchronous format and vice the versa. The Prime Vendor is responsible for obtaining and maintaining VAN during the scope the contract. The cost of the VAN will be borneby of the Prime Vendor. The Prime Vendor's electronic order entry system shall

-

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0L-Rla-q 3 - R - 0 5 8 7

Pa9
C

- of 19 qL:l

Section

-

Statement of Work (Continued)

(SOW1

character contract/delivery order accommodate the ordering facility's 17 will only number, e.g., SP020094D1234AAOl (ANSI X12 850 transaction set e.g., contain the four position call number, A A O 1 ) .

.

-

c . If a Prime Vendor Interface (PVI) has been installed at the ordering site, the Prime Vendor will provide its proprietary software to the Government system integrator who will then provide a turn-key syst to the ordering facility. The Prime Vendormust furnish detailed information of concerning its EOE system, and provide a copy its order entry software, to the Government's system integrator to facilitate the establishment of a PVI between the Prime Vendor's EOE system and each ordering facility's must computerized materials management system. Each Prime Vendor work with the Government's system integrator in coordinating technical requirements to exchange ANSI X12 5 0 and 855 transaction sets between the Government's 8 computer system and the ordering facilities' computer system.
D. The PrimeVendor's EOE system must include a "Price and Product fo in Catalog" listing all items r which the ordering facilities the region have provided usage data to the Prime Vendor. This electronic Price and Product Catalog must be loaded with either the provided usagethe data or full DAPA database (based upon firm's preference indicatedby checkyour 60 be mark below) within days of award.* This catalog may either built into the Prime Vendor'sEOE system or it canbe a separate system.The Price and Product Catalog must provide search capability on generic product based name and/or manufacturer part number. non-Program items are also If listed, the ordering facility must be able to distinguish between IDTWDAPA and non-IDTC/non-DAPA items prior to order placement. Order The Confirmation must show rejection of non-IDTC/non-DAPA items. ordering The facility must be able place their order to a single contractor order to receipt point and shall not have to distinguish between the Prime Vendor's Prime V e n d o r m u s t i n s l e m e n tt h e divisions when placing order, *The an
revised DAPA p r i c e s r r i t h i n 7 6.ays of r e c e i p t o f the DAPA u p d a t e f i l e . "

The "Price and Product Catalog" is only required to list all items for which the ordering facilities in the region have provided usage data. If to your firm decides list additionalDAPA items, ALL DAPA ITEMS IN THE =PA DATABASE must be included. This includes identical products offered by more than one source (e.g., identical products offered by the manufacturer or and dealers). Your choice is to list only usage data items list all DAPA items awarded. You are advised that a single catalog showing all usage data items selected by all ordering facilities in that is region acceptable (you can design one catalog per region instead a separate of catalogtailoredtoeachorderingfacility). '[bx s',%\e C;;tcx\.b
A J - s (

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<<\i,C*L A C ' C

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I am b?pgrlng a catalog khat: (check one) \
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will provide only usage data items will reflect the entire DAPA database

X

E. The Prime Vendorshall implement, within six( 6 ) months of award, ANSI X12 standards for electronic data interchange (EDI) for the following business documents: Purchase Orders ( 8 5 0 ) , Order Confirmation ( 8 5 5 ) , and DAPA Price Sales Catalog( 8 3 2 ) (for the sole purpose of receiving files). Sample transaction sets, meeting DMLSS-PMO guidelines, are available upon o request (contact the buyer r Contracting Officer). ANSI X12 standards are

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Section

C

-

Statement of Work (SOW) (Continued)

.

only required for transactions between trading partners. A Prime Vendor that can transmit and receive business documents in X12 format for all ANSI facilities using the Prime Vendor Interface (PVI) meets the requirements of the Statement of Work. NOTE: An individual contract/delivery order number will assigned to be each order by the ordering facility at time of placement of each nonemergency and emergency order. Each contract/delivery order number will of e.g., include 17 characters consisting the 13 character contract number, SP020094D7012, plus a 4 character supplementary identification number, for e.g., B007. The 13 character contract number will remain fixed the entire term of the contract. The supplementary number will be unique for each order and may any combinationof alphas and numerics. Only the be f o u r digit call number is transmitted in ANSI X12 850 and 855 the transaction sets. However, the full digits are required for 17 the ANSI X12 8 1 0 transaction sets.
F. The Prime Vendor must electronically submit invoice for each an delivery order to the payment office cited in the contract accordance in (ANSI) X12 Standards, 810 with the American National Standards Institute transaction set. The Government requires that all electronic invoices be transmitted through a third-party network commonly as a Value-Added known be the Prime Network ( V A N ) . The cost of the VAN will borne entirely by Vendor. The Prime Vendor must be able to send anX12 Invoice (810) ANSI transaction set a s of the date of award. There is six month no implementiog periodf o r this transaction set.
Minimum Performance Requirement: is committ&?to using the ANSI X12 transaction setfor of Invoicing (810) effective on the date award: (check one) v Yes No
My firm
I I

delivery be based plus the delivery

The Prime Vendor shall submit only one electronic invoice per order toDPSC. The total dollar value cited an invoice shall on solely the product prices, as cited DPSCaDAPA or IDTC, on in contractor's distribution fee.The ordering office's assigned of order number consisting 17 alpha/numeric characters, e.g., SP020094D7012B007, shall be cited in its entiretythe electronic on invoice. Payment will be made days after receipt a valid invoiceor 15 of supplies, whichever is later. Payment will be made via electronic funds transfer (EFT) to the contractor's financial institution.
G.

H. The Prime Vendor's electronic on-line "price and product" catalog shall reflect only the "delivered unit price" for each product.
I. The Government shall be responsible for providing DOD to activities the necessary personal computers, printers, and Hayes-compatible modems to communicate with the contractor's EOE system. Ordering facilities will providethe dedicated phone line at their expense.The Prime Vendor is responsible for working the Government's system with integrator to ensure the Prime Vendor's software works with the ( C ~ ~ ~ C G ~ \ N\\LE, Government's Hayes-compatible modem. T h %eKNn,& ; LCCI 5<%&+ iI L ,) J. When the PVI will not be usedby an ordering facility, the Prime
( Y

I'hdem.5

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Section

C

-

Statement of Work (SOW) (Continued)

Vendor shall be responsible for installation and maintenance of its Prim; Vendor-owned software. All such software shall remain propertyof the the Prime Vendor and will be returned at the conclusion of the contract. post award software changes must be coordinated with the.Contracting 30 Officer days in advance of planned implementation. The Contracting Officer will provide the informationto the Government's system integrator. All Government-owned software and/or hardware shall be installed and maintained by the Government.

K. If the Prime Vendor has not previously received contract under a DPSC Medical's Prime Vendor program has modified/replaced or the previously of this system, approved EDI/EOE system, it shall conduct a demonstration before or after award (at the Contracting Officer's discretion), the to Contracting Officerat DPSC, Philadelphia. The Operational Capability Demonstration clause (52.215-9P10) applies if the demonstration takes place prior to award. The Prime Vendor shall also provide within 1 4 days after contract award, unless otherwise indicated below, the following information to the Contracting Officer who will provide it to the Government syste integrator:
( 1 ) Electronic Data Interchange (EDI) documentationthat describes the ANSI X12 850 and 855 transaction/purchase (purchase order and order acknowledgement) formats and the ANSI 832, and 810 transaction X12 Sets. If not initially ANSI X12 compliant, proprietary transaction formats/scripts used in conjunction with the Prime Vendor's electronic order entry system will provided; be
( 2 ) A definition of the Prime Vendor's communications protocol (asynchronous or bisynchronous) and a copy of any communications software used by the Prime Vendor to effectively establish communications between the ordering facility and the Prime Vendor's electronic order entry system;

( 3 ) A copy of the Prime Vendor's proprietary EOE software tobe employed by the ordering facilities which will be for system testing used by the Government'ssystem integrator;
(4) A test account and log-ons for use by the system integrator to allow for testing the Government's PVI to include actual of submission Of "dummy orders" to the PrimeVendor's electronic order entry system.

( 5 ) Upon receipt of DPSC Medical.js.__DAPAs., a list all DAPA of items in an ASCII electronic data file (fixed record"le.iigth)-for use"'in loading a translation table which.will be constructed by the Government's System integrator to cross reference the Government's product identification numbersto the prime Vendor's product identification (ID). The translation table is ordering facility site specific. The specific file format will be provided by the Government's system integrator. The Prime Vendor will provide a subset (minimum records) of actual DApA of 100 of the data within two weeks contract awardf o r use in testing by Government's System integrator. The Prime Vendor will provide the actual list Of DAPA items in an ASCII electronic data file (fixed record length) two weeks Prior to scheduled site implementation. The following ASCII electronic data file format shall used: be
"

Element Required

Required Format (number characters) of

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Section

C

-

Statement of Work (SOUL (Continued)
(22)

Prime Vendor's Item ID Item Description Saleable Unitof Issue/Measure Unit Price

(30)
(2) ( 8 ) 99999.99

.

no commas or $ sign explicit decimal point required

DAPA Manufacturer Name DAPA Manufacturer Part Number of Quantity in Saleable Unit Issue/Measure

(20)
(15)

(5)

Updates of these fileswill be provided directly to DPSC (ATTN: DPSC-MEI, DMLSS Team)on a quarterly basis.
L. If the Prime Vendorhas previously receiveda contract under DPSC Medical's Prime Vendor Program, it shall provide the ASCII electronic file of DAPA items and a test account two weeks site to prior implementation. Updates of these files will be provided directly DPSC to (ATTN: DPSC-MEI, DMLSS Team) on a quarterly basis.

d

M. .The Prime Vendor shall provide an electronic "order confirmation is at (ANSI X12 8 5 5 is mandatory when the PVI used) which confirms orders the line item level, the ordering facility, within two hours JITOs to for and emergency orders, and within hours or 1 day (if longer) 24 for EDOs, following transmission of the order from the ordering facility. At a minimum, the confirmation will include product number ordered, quantity to be delivered, unit of issue, delivered unit price, and delivery order number and status of ordered line item. Non-IDTC/non-DAPA items be must or indicated as rejected. Furthermore, all unfilled partially filled items shall be listed. The confirmation shall be capable of being printed at the ordering facility. The packing list price must be identical the to confirmation price.

Minimum Performance Requirement to X12 My firm commits provide an electronic order confirmation (ANSI 8 5 5 is mandatory whenthe PVI is used), at the line item detail level, within the revised time constraints shown above: (check one) X Yes No
N. If the Prime Vendor's order entry screen shows a price, must it show only the "delivered unit price."
0. The Prime Vendor must supply a toll-free access number for the facilities to use when electronically connecting withPrime Vendor's the system and any Prime Vendor*Ihelp" personnel.

(check one)

MY firm will provide a toll-free access number as required:
X

Yes

No

MINIMUM REPORTING REQUIREMENTS

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Section

C

-

Statement of Work (SOW) (Continued)

(1 A. The Prime Vendor must provide their standard monthly, quarterly JAN, 1 APR, 1 JUL, 1 OCT), and annual (1OCT - 30 SEP) report packagesto each ordering facility. Any report provided to the ordering facility which lists pricing shall cite "delivered unit price" as the set forthin this 15 statement of work. The reports mustbe furnished no later than calendar days following the end of the reporting period.

B. The Prime Vendor must provide, within 10 calendar days following the end of each month, following informationin Standard Data Format the (ASCII file) on a 3 1/2" (only) double sided, high density diskette, addressed to ATTN:DPSC-MSABA (MED/SURG Prime Vendor Implementation Mgr), Defense Personnel Support Ctr, 2800 South 20th Street, Philadelphia., PA 19145-5099. The data will be required for each facility covered under the contract. The format is described below:

Description Lenuth Prime Vendor Contract Number ...................................13 .Call N u ~ e .r ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ~ -.-,L.. Order Type (J=JITO, E=EDO) f - j . .1 Order Date (DDM"YYYY).............................,..~...~..~..9 Delivery Date (DDM"YYYY).......................................g D O D ~ .C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . * . . . . , . . 6 . NDC (for MED/SURGalso, if applicable).........................ll Mfr Part Number/Mfr Universal Product Number (UPN) 17* DAPA Holder Part Number/DAPA Holder UPN ........................17* DAPA/IDTC,Number...............................................13* Unit of Issue (must match DAPA of Issue) Unit 2 Quantity Ordered, in Unit of Issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 * . Quantity Filled, in Unit of .Issue. . . . . . . . . . . . . . . . . . . . . . . . . 5 * ..... Fill Designation (F=Filled, P=Partially Filled, N=Not Filled, 1 B=Manufacturer's B/O, T= Partial Mfr B/0) Advance Customer Usage Data Provided on Item (Y/N) 1 99999.99, no coma, no $ sign. 8* Price per Unit of Issue.(EX., and explicit decimal point required)

.......;;. .........................
r"
,

.............

................... ..... .............. ...

* suggested length

C. The Prime Vendor must provide Monthly Fill-Rate report in a accordance with the fill-rate formula citedthis SOW. This report must in be submitted to the DPSC Contracting Officer. must indicate the fillIt rate percentage for each ordering facility and a summary fill-rate cover all ordering facilities. A copy of the individual ordering facility's monthly fill-rate report shall also furnished to the ordering facility. be The report shall include, for each ordering facility, the total of number lines ordered, the total number lines completely filled, of the total number of lines completely unfilled, the total number of lines partially filled, and the calculated fill-rate. The reports shall be mailed to the DPSC Contracting Officer and individual ordering facilities no later than 10 business days after the last dayof the month being reported.

Case 1:03-cv-00289-FMA

Document 18-8

Filed 08/15/2003
PP

Page 14 of 15

Section C

-

Statement of Work (SOW)

(Continued)

PRODUCT RECALL NOTIFICATION: The Prime Vendor shall provide product recall to: of level regardless notification

1) Each ordering facility.

2) Defense

Medical Standardization Board ATTN: Code 11 Ft. Detrick Frederick, MD21702 TEL: (301)619-7387 FAX: (301)619-2335 Medical Materiel Agency ATTN: MCMR-"0-TC Ft. Detrick Frederick, MD 21702 TEL: (301)619-4305 or 2045 FAX: (301)619-2938 Medical Logistics Office ATTN: AFMLO-FOCO Ft. Detrick Frederick, MD 21702 TEL: (301)619-4170 FAX: (301)619-2557 Contracting Officer ATTN: DPSC-MSA 2800 South 20th Street Philadelphia., PA 19145-5099

3 ) US Army

4) Air Force

5 ) DPSC

For CONUS sites and Alaska and Hawaii this notification must be made 48 hours or 2 days (whicheveris longer) of notification by the manufacturer or its supplier. The Prime Vendor shall act the first on must be notification received. For Europe and Pacific, this notification made within 24 hours (or 1 day) of notification by the manufacturer its or supplier. (For Europe and Pacific, no screening by the Prime Vendor for actual sales to these ordering facilitiesrequired, the sites will is perform their own screening to speed up the process. So copies of all recall notices received the Prime Vendor should be sent by within 24 hours (or 1 day) to Europe and Pacific).
RETURN POLICY:

The Prime Vendor shall accept returns under the following

conditions: in error; products damaged in shipment; ( 3 ) products with concealed shipping damages; (The prime vendor shall be (4) products which are recalled responsible f o r handling all recalled productexcept when the manufacturer's policy statesotherwise. If a direct recall is issued, the
(2)

(1) products shipped

Case 1:03-cv-00289-FMA

Document 18-8

Filed 08/15/2003

Page 15 of 15

Section C

-

Statement of-Work (SOW)

(Continued)

.

Prime Vendor shall forward the manufacturer's disposition instructions to the ordering facility and the Contracting Officer); ( 5 ) products whichdo not meet the expiration/shelf life dating requirements of the contract unless otherwise authorizedthe Contracting by Officer or ordering facility; ( 6 ) items erroneously ordered by the ordering facility; (7) other returns consistent with the Prime Vendor's normal return policy.
gPEN CREDIT POLICY: The Prime Vendor shall issue "open credit" covering an be any recalled or returned material. The "open credit" will generally

.

applied by the ordering facility to next day's order. The daily amount the in the "open credit" account will be monitored by the ordering facility. The ordering facility must coordinate the application of this *'open credit" not include this "open with the Prime Vendor. The Prime Vendor will credit" amount in its invoice

.

SHIPMENT/INVOICE DISCREPANCIES: Receiving facilities will verify material upon delivery. "Open credits" are not intended for shipment/invoice discrepancies. Payment will reflect only products received. PRESERVATION, PACKAGING, PACKING, AND LABELING: Unless otherwise specified, preservation, packaging, and packing to preclude damage containers and/or contents to thereof under normal shipping conditions and handling. Such preservation, to packaging, and packing shall conform normal commercial practices and applicable carrier regulations shipments from the Prime Vendor the for to receiving facility for storage and later reshipments from the receiving facility. CONUS shipping containers shall be in compliance with National OCONUS Motor Freight Classification and Uniform Freight Classification. shipping containers must comply with IATA (International Air Transport Association) standards. Commercial marking not interfering with the clarity or positioningof required markingson containers neednot be obliterated.
A.

shall be sufficient

-

B.

The Prime Vendor shall deliver hazardous materials in a all

separate

container

marked

"hazard.
I'

C. The Prime Vendor shall obtain required Material Safety Data all Sheets (MSDS's) and Hazard Warning Labels (HWLs) from suppliers upon receipt of applicable items. All MSDS's obtained will be providedthe to At Contracting Officer or the ordering facilities upon request. a minimum, the Prime Vendor will furnish the ordering facilities with all applicable MSDS's upon initial delivery of covered items. The prime vendor will also be responsible to maintain allMSDS's and HWLs, as required, on file from suppliers providing hazardous material. The Prime Vendor shall also assure that all hazardous material is labeled correctly.
NOTE:

Hazardous Material includes any material defined hazardous under as Federal Standard 313. MSDS's must meet the requirements of 29 CFR 19101200 (9) and the Fed-Std-313.

D. Labeling shall be in accordance with one of the following regulations as applicable: