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

Case 1:03-cv-00289-FMA

Document 18-5

Filed 08/15/2003
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Page 1 of 5
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SOLICITATION NO. DLA120-93-R-0587
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SECTION

C

STATEMENT OF WORK (Continued) m. If contractor-owned equipment is furnished, emergency service and repair calls shall be made an on unlimited basis at additional cost to no the Government. Upon receipt of notice that any part of the contractorowned equipment is not functioning properly, the contractor shall, within 2 4 hours after notification by the Government, furnish a qualified representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition. If repairis not feasible, contractor shall provide replacement. By either repairor replacement, the participating medical facility shall not be without an on-line order entry f o r more than system 48 hours. Contractor shall not be responsible for any repairs or replacement parts necessitated by neglect of Government employees, as improper such application, maintenance, alteration, or by factors external to the or equipment such as deficiencies in air conditioning, humidity control or electrical power. Repairs necessitated by abuse, neglect, vandalism, Acts of God shall be performed under separate purchase order issued by the participating facilities and shall not be performed under this contract.
n . The prices cited in the contractor's electronic on-line "price and product" catalog shall represent the "delivered" price for each product. Only a product's delivered price shall be cited. A product's delivered price shall be computed as follows:

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(i) the price of the product itself, as negotiated and published in a DPSC DAPA IDTC, plus or (ii) the Prime Vendor's distribution fee, plus (iii) the applicable DPSC administrative fee. Price Product Example:
$20.00

Distribution Fee (5.0%) + 1.00 Subtotal $21.00 DPSC Administrative Fee (1.0%) + .21 PriceDelivered $21.21

The DPSC Administrative Fee is applied to the subtotal which consists o the product price plus the contractor's distribution fee. At the of time award, the Government will furnish the contractor all current and product pricing information appearing a DPSC DAPA IDTC and the current DPSC on or administrative fee. The DPSC administrative fee shall subject to be change, normallyon 1 October of each year the contract in effect. is
0. Reporting Requirements- The contractor shall provide the following reports:

( 1 ) Provide its standard monthly, quarterly, and annual report packages to each participating medical facility. Any report provided to the participating medical facility which lists pricing shall cite the of work. The reports "delivered" price as set forth in this statement must.be furnished no later than 15 calendar days following the end of the reporting period, and

Case 1:03-cv-00289-FMA

Document 18-5

Filed 08/15/2003

Page 2 of 5

SOLICITATION NO.

DLA120-93-R-0587

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Page

12

SECTION

C

STATEMENT OF WORK (Continued) (2) Provide within 15 calendar days following the end each of quarter, the following information in ASCII Single Density Format (SDF) on 3 1/2" or 1/4" double-sided, high density diskettes. 5 The data will be required for each facility covered under the contract. The information will be provided to: Contracting Officer, Prime Vendor Team, Defense Personnel Support Center, Directorate of Medical Materiel, Hospital Branch, 2800 o . 20th St., Phila., PA 19145, ATTN: DPSC-MPH S MEDICAL/SURGICAL PRIME VENDOR TEAM. The information the diskettes on will be in the following format:

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I

Position

Description DoD Activity Address Code Part Number Item Description Size Package Sizeor Order Unit Unit Price Total Units Purchased Costs of Units Purchased DAPA/IDTC number Prime Vendor Contract # W7PE78 A-074636-12 Bandage 11 x 2
12 or 1000

Example

01-06 07-25 26-46 47-62 63-69 70-77 78-89 91-99
100-112

111-123

524.32 12 6291.84 DLA120-9X-X-XXXX DLA120-94-D-XXXX

( 3 ) Monthly Fill-Rate - In accordance with the fill-rate formula cited in this SOW, the contractor shall furnish a monthly reDort to the, DPSC contractingofacer irldicatina the fill-rate percentaae for each zarticipating facility and a summary fill-rate coverinq all participatinq facrlltles. A copy of the individual facility's monthly fill-rate report shall also-be furnished to the applicable facility. The report shall include for each activity the total number of lines ordered, the total number of lines completely filled, the total number of lines completely unfilled, the total number of lines partially filled, the total number backordered lines and the calculated fill-rate. The reports shall be received by the DPSC contracting officer and individual facilities no later than 5 business days after the last day of the month being reported.

Electronicall p. r e m d e l i v e r y order to the, p a y m e n t r c o r d a n c e with the American X12 Standards, 810 transaction set. Xational Standards Institute (ANSI) >he Government requires that all electronic invoices be transmitted through a third-party network commonly known as a Value-Added Network (VAN). Each trading partner (Prime Vendor and Government) shall be responsible for the costs of its third-party network.

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Only one electronic invoice shall be submitted per delivery order. The total dollar value cited on an invoice shall be based the on solely product prices, as cited in a DAPA or IDTC, plus the contractor's DPSC distribution fee. The ordering office's assigned delivery order number consisting of 17 alpha/numeric characters, e.g. DLA12093D7012B007, shall be cited in its entirety the electronic invoice. on

Case 1:03-cv-00289-FMA

Document 18-5

Filed 08/15/2003

Page 3 of 5

SECTION

C

STATEMENT OF WORK (Continued) Payment will be made 15 days after receiDt of a valid invoice or sucplies, whichever is later. Payihent will be made via electronic funds transfer (EFT) to the contractor's financial institution unless the contractor requests payment via check.
X12 q. Implement, within two years of contract award, ANSI standards for electronic data interchange (EDI) for all other required business documents set forth in the statement of work i.e. orders, order confirmation/exception, price and product catalog. Each trading partner (Prime Vendor and Government) shall be responsible for the costs of third-party network.

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its

r. Provide only dated/shelf life products bearing an expiration 3 I( 4 date/shelf life with at least o a s remaining upon delivery to the 6 m Government. For those produccs which have an initial expiration/shelf life of 6 months or less provideat least 7 5 % of the dating.

s. Preservation, Packaging, and Packing: Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions and handling and which conforms to normal commercial practices, and applicable carrier regulations involving shipment from the contractor to the receiving activity for storage and reshipment from the receiving activity. Shipping container shall be in compliance with National Motor Freight Classification and Uniform Freight Classification. Commercial marking not interfering with the clarity or positioning of required markings on containers need not be obliterated.
t. Provide product recall notification regardless level to each of participating facility and the DPSC Medical Quality Assurance Division 2800 South 20th Street, Philadelphia, PA 19.145, Attn: DPSC-MQ within 2 days of notification from the manufacturer its supplier. or

u. Accept returns under the following conditions for replacement, if the ordering activity still requires the product(s):
(1)
(2)

products were shipped in error; products were damaged in shipment; ( 3 ) products with concealed shipping damages; ( 4 ) products which are recalled (The contractor shall be responsible for handling all recalled products except when the manufacturer's policy states otherwise. If a direct recall is issued, the contractor shall forward the manufacturer's disposition instructions to the activity and the contracting officer); (5) products which do not meet the expiration/shelf life dating requirements of the contract unless otherwise authorized by the Contracting Officer or ordering activity.

The contractor shall issue an "open credit" covering any returned material. The "open credit" shall able to be utilized for any be subsequent order.

Case 1:03-cv-00289-FMA

Document 18-5

Filed 08/15/2003

Page 4 of 5
Page

SOLICITATION NO. DLA120-93-R-0587 SECTION C STATEMENT OF WORK (Continued)
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v. Deliver all biohazardous drugs, pharmaceuticals, and chemicals in separate container marked as a biohazard.

w. The Prime Vendor will obtain Material Safetv Data Sheets (MSDS's) and Hazard Warning Labels (HWL's) (when 29 CFR 1910-1200 applies) from suppliers upon receipt of applicable items. All MSDS's obtained will be provided to the contracting officer the ordering activities upon or request. 3 vendor will furnish the medical; facilities with all applicable MSDS's uDon initial delivery covered, of ems The prime vendor will also be responsible maintain all MSDS's to h L r s (when 29 CFR 1910-1200 applies) on file from suppliers providing hazardous material. The prime vendor shall also assure that all hazardous material is labeled correctly. Hazardous Material includes any material defined as hazardous the latest version Federal Standard 313. MSDS's must meet the of requirements of 29 CFR 1910-1200 (9)and the latest version of Fed-Std-313. Labeling shall on the item:
(1)
(2)

under

be

in

accordance

with

one

of

the

following,

depending

Federal Insecticide, Fungicide, and Rodenticide Act Federal Food, Drug, and Cosmetics Act Consumer Product Safety Act Federal Hazardous Substances Act Federal Alcohol Administration Act, if the material is no or subject to one of the above acts, the Hazard Communication Standard 29 CFR 1910-1200.

(3)
(4)

(5)
(6)

x. Packinq I l i a : A packing list/slip shall be enclosed with each shipmsnt to indicate contractor, delivery order number, date of order, itemized list of supplies included in the shipment, quantity, ordered items shipped, and delivered price.
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To assure that all receiving activities can properly identify items requiring special handling and storage, the contractor shall annotate i packing list with the following notation: "REQUIRES SPECIAL HANDLING AND/OR STORAGE." Examples of the special handling and storage statements include the following: "STORE BETWEEN 2 degrees - 8 degrees C (35 degrees - 4 6 degrees F)"; "KEEP FROZEN"; "FLAMMABLE".
Limited unrefrigerated medical material shall indicate the maximum remaining allowable time that the material can remain unrefrigerated the timeof delivery to the receiving activity.

a

Case 1:03-cv-00289-FMA

Document 18-5

Filed 08/15/2003
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Page 5 of 5
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SOLICITATION NO. DLA120-93-R-0587
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SECTION

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STATEMENT OF WORK (Continued) To assure that all ControlleLwstances can be properly identified by the receiving activities the contractor shill annotate the following statement on its packing list for those orders which require Controlled Substances: "CONTROLLED REQUIRES SUBSTANCE

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STORAGE.

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Contractor will enter the words "VAULT" "LIMITED ACCESS". In or accordance with federal requlations, these druas are identified bv a distinctive Controlled Substance Schedule SymbGl. This symbol appears only on the immediate container carton. "VAULT" is tobe used for or is to items bearing Symbol C-11, "LIMITED ACCESS" be used for items bearing Symbol C-111, C-IV or C-V. Use of the word "narcotics" on shipping containersor packing slip is prohibited. y. Notify each ordering office any manufacturer backordered item of which its usage reports indicate it orders.
z. Provide a substitute different brandor generic product for the or specified product ordered only with permission from the Contracting Officer or ordering activity.

of aa. A contractor's representative shall make a minimum one scheduled sales visit per month to each participating facility to discuss customer satisfaction. Additional visits may be requested at the discretion of the Contracting Officer ordering activity. or (End of Statement of Work) Special Notes Failure to perform in accordance with the terms of the contract (including fill-rate) may be cause for default in accordance Termination For Default clause of the contract. with the

Inspection and Acceptance: Government inspection and acceptance of all supplies will be performed at the receiving medical facility by an authorized Government representative. Rejected goods will be held subject to contractor's order for not more than days, after which the 15 rejected merchandise will be returned to the contractor's address at of his/her expense. Expenses incident the examination and testing to materials or supplies which have been rejected will be charged to the contractor's account. THE REQUIREMENTS DESCRIBED IN THE ABOVE CITED STATEMENT REPRESENT OF WORK THE MINIMUM NEEDS OF THE GOVERNMENT. OFFERORS SUBMIT PROPOSALS THAT MAY EXCEED THE ABOVE CITED MINIMUM REQUIREMENTS. SELECTIONTHE PRIME OF VENDOR WILL BE MADE BASED ON F FTHE WHICH DEMONSTRATES THE HIGHEST O ER PROBABILITY OF SUCCESSFUL PERFORMANCE A REASONABLE, REALISTIC PRICE AT IS WHERE TECHNICAL QUALITY MORE IMPORTANT THAN PRICE (SEE CLAUSE 52.2159P19).