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

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

-

AMENDMENT OF SOLICITATION

DIFICATION OF CONTRACT
3. EFFECTIVE DATE

I
I

Page 1 of 20
PAGEOFPAGES

1. C'

'SACT ID CODE

01 I
"

47

2. AMENDMENTlMODlFlCATlON NO.

4, REOUlSlTlONlPURCHASE REO.

NO.

5. PROJECT NO.(I/applicable)

00 12
6. ISSUED BY

CODE

0 7 FEB 1996 sP0200

N /A
7. ADMINISTERED BY (I/othcrthan lrtm 6)

CODE

I sP0200

DEFENSE PERSONNEL SUPPORT CENTER 2800 SOUTH 20TH STREET PHILADELPHIA, PA 19145-5099 CONTRACT SPECIALIST: N. MARTIN PHONE: 215-737-8422
a. NAME AND ADDRESS OF CONTRACTOR (No.. mccr. county. stare a n d U P C o d c )

SAME AS

BLOCK 6

QA. AMENDMENT OF SOLICITATION NO.

United M e d i c a l Supply Company, I n c . 5 i 1 7 Northeast Parkway Fort Worth, T e x a s 7 6 1 0 6

X

DLA120-93-R-0587
OB. DATED (SEE ITEM 11)

11 AUGUST 1993
10A. MOMFlCATlON OF CONTRACTIORDER

No.

tOB. DATED (SE ITEM IJJ

A.

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. THIS CHANGE ORDER I ISSUED PURSUANT TO: (Spccr/y aurhorrry) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONS
TRACT ORDER NO. IN ITEM1OA.

..

.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY

OF:

D. OTHER (Spccyj' rypc

0 modrjrcarron 1

and aurhorrry)

E. IMPORTANT:

Contractor

0 is not, 0 Is required to sign this document and return
UCF
sccnonhcadmgs.mcludmgsolrctranovconrract

copies to t h e issuing office.
subjccr mancr whcrc jcanblc.)

14. DESCRIPTION OF AMENDMENTlMODlFlCATlON (Organfzcd by

MED/SURG PRIME VENDOR
S u b j e c ts o l i c i t a t i o n

-

LONE STAR R E G I O N

i s h e r e b ya m e n d e da sf o l l o w s :

The c l o s i n gd a t e is h e r e b ye x t e n d e dt o 3:OO PM, l o c a l t i m e , 28 F e b r u a r y 1996. A l l r e s p o n s e s u s t e e c e i v e d y h e b o v e i t e d m br bt a c time a n d a t e n d d a a r es u b j e c tt ot h el a t es u b m i s s i o n ,m o d i f i c a t i o n s ,a n dw i t h d r a w a lo f p r o p o s a l s o r q u o t a t i o np r o v i s i o n of t h e s o l i c i t a t i o n .

Except a6 provided herein. all lerm6 and condltlons ot h document reterenced in Item 9A or 10A, a6 heretotore c h a n p ~ d Ie remains LJnChanQed and in fUll force and effecl. 15A. NAME AND TITLE OF SIGNER (Type o r p n n r ) $6~. NAME AND TITLE OF CONTRACTING OFFICER (Type o r p r f n 0

Joe k;. S m i t h , J r . 7 E:;@cative Vice Pre.sicler?t
(Si&ydfLiroJptrson aurhorizcd to-sign)

i' J. r :
\.

15C. DATE SIGNED

168. UNITED STATES OF AMERICA

16C. DATE SIGNED

+,/
1

(!iignanrrc olconrrocting Oficcr)

NSN ~540-01-152-ao70 PREVIOUS EDITION UNUSABLE

30-105-02

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 2 of 20

AMENDMENT OF SOLICITATI~A~ DLA120-93-R-0587 AMENDMENT 0012 Amendment 0008 is hereby revised as follows: Paae 3:

2AGE

2 OF 47

Paragraphs 2 and 4 are deleted in their entirety. Paragraph 3 is revised to read: The closing date is hereby extended until 3:OO PM, local time,28 February 1996. All responses must be received bythe above cited time and date and are to the late subject submission, modifications, and withdrawal of proposals or quotation provision of this solicitation.
GENERAL INFORMATION FOR OFFERORS

Paue 4 : Paragraph 3 : Delete sentence 3 and replace with: Each Prime Vendor all are will be responsible for supplying of the medical items that listed on Distribution and Pricing Agreements (see below) ordered by the participating ordering facilities in the. specific region. Paragraph 4 : Delete sentence 7 and replace with: It is the responsibility of the Prime Vendor to establish the necessary back" arrangements with the DAPA holders. "charge-

Paragraph 4 : Delete sentence 10 and replace with: The price charged by the prime to the ordering facilities will not exceed that cited in the IDTC plus the offeror's negotiated distribution fee. Add the followina Darasraph: Many of the below changes require your firm to respond to a "Yes" "NO" question. Other questions require or your firm to answer generally by checkmark. Failure to check the responsive block ( s ) , or checking both blocks, will be determinedbe to that your firm is unable unwilling to comply with the revised or requirements as detailed.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 3 of 20

Paqe 5 is herebv deletedin its entirety and replaced with the followinq:
CAUTION NOTICE

1.

This is a Source Selection Acquisition:

Award will be based factors other than cost price alone. on or 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 PROCEDURES8f. 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 cited in DPSC in as Clause 52.215-9P12 may be excluded from further consideration. Technical proposals must be devoid of all discussions or reference to price.
NOTE:

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

3 . Subcontracting plans (Reference Clause 52.219-9): In the event that an annual company or division wide subcontracting plan is submitted in response to this solicitation, offerors are reminded that the plan should be current, approved and 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 at least sixty days before the existing plan expires. A Small Business and Small Disadvantaged Business Plan Subcontracting Guide is provided in this amendment and is marked "Attachment I I
I'

.

Subcontracting plans approved by company or division wide in order to by another government agency must be approval issued by the agency. Plans proposal.

other government agencies should be be applicable. plans approved All of accompanied by the letter must be submitted with the initial

4. The establishment of a Small and Small Disadvantaged Entrepreneurial Enhancement Development (SEED) Program is required. The Prime Vendor SEED concept is an attempt to ensure growth opportunities and participation of small business and small disadvantaged business concerns in the prime vendor program. The opportunities presented must constitute real business growth,which is measurable and meaningful. The purpose of this initiative to develop a methodology that; is

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003
:AGE

Page 4 of 20

AMENDMENT OF SOLICITATION DLA120-93-R-0587 AMENDMENT 0012 CAUTION NOTICE (CONTINUED)

4 OF 47

1) Maintains small business and SDB as suppliers.
2)

Increases the level of participation the prime vendor in

program. 3) Fosters the developmentof long term business relationships between large and small business concerns as as opening the door well of communication between small business concerns.
SEED agreements can be offered which address sales volume, for allow private label manufacturing, assist in marketing product, speak to systems design, look to increasing the customer base, look to developing management skills,or any of a number of other approaches that will benefit small and small disadvantaged business concerns.

Small business concerns must meet the requirements of FAR 19.001 and a meet the size standards s 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.
5 . A Requirements type contract is contemplated with the optionto extend the effective period of the contract for four additional one year periods. The total length of the contract would not exceed 5 years. Offers on the options are mandatory. Failure to offer on all options will result in an offer being eliminated from further consideration. A determination of price reasonableness for these line items shall be made prior to award.

6. 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, and facilities within the DPSC region.

(END OF CAUTION

NOTICE^

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 5 of 20

AMENDMENT OF SOLICITATIW DLA120-93-R-0587 AMENDMENT 0012

dAGE 5 OF 47

Paqes 6 throuqh 12 are hereby deleted in their entirety and replaced with the followina: SECTION B
SCHEDULE OF SUPPLIES

Based on a 12 month reporting period, the ordering facilities that will be listed in Attachment I11 spent an estimated $57,965,500 per year for those types of medical/surgical products covered by the proposed contract. Based on this figure, the following is the Government's best estimate of yearly sales that these ordering facilities experience will over the five year period. Yearly Estimate Year First $28,982,750.00
$57,965.500.00

Approximate Maximum

Yearly

$ 72,456,875.00

Option Year 1
Option Year Option Year 3 Option Year 4
2

$144,913,750.00 $144,913,750.00 $144,913,750.00 $144,913,750.00

$57,965,500.00 $57,965,500.00 $57,965,500.00

Annual Estimates areas follows: Base Year Considering Stockless Option (See Page 13) JITO/EDO Option Only $23,500,000
$ 5,482,750

Option Years 1-4 $47,000,000 $10,965,500

No quarantee is qiven that the above volume will be purchased. It shoild be noted fhat during the first year of the contract each facility will begin to reduce its existing inventory of medical/surgical products. Orders will be placed with the Prime Vendor existing as inventories are reduced to lower levels. This may affect the volume of ordering during the base ordering period. Your proposed distribution fee should be based on the Yearly Estimate. If the Approximate Yearly Maximum exceeded in any given year, the is contract will be completed o r that year but subsequent years will be f resolicited.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 6 of 20

AMENDMENT OF SOLICITATION DLA120-93-R-0587 PAGE AMENDMENT 0012

6

OF

47

SECTION B- SCHEDULE OF SUPPLIES (CONTINUED)

The offeror,if awarded this contract, shall be paid the DAPA/IDTC price for each medical/surgical product ordered and delivered which appears on a DPSC Medical Distribution and Pricing Agreement (DAPA),an or on Indefinite Delivery-Type Contract (IDTC), plus the offeror's negotiated distribution fee. For an item covered by a DAPA, the Prime Vendor will furnish the product at the price on the agreement plus the cited offeror's negotiated distribution fee. For item covered by IDTC, an an the Prime Vendor will furnish the product from the source listed under the IDTC at 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 a part of the DPSC Prime Vendor Program.

to The offeror is insert in the spaces provided below its proposed distribution fees for the stockless option (See page 13 for facilities that are eligible) and JITO/EDO option pages 4 0 through 4 7 for (See facilities that are eligible) for both the initial l-year contract ordering period and for each of the 4 yearly option periods. These fees will cover all the medical facilities listed for the appropriate of option [Stockless option (see page 13 of this Amendment) vs the JITO/EDO option (see Attachment 111, pages through 4 7 of this Amendment)]. 40 The distribution fee must be the same for all of the covered facilitie However, offerors may propose different fees each of the ordering for periods.

Partial offers based on only some the listed facilities will not of be considered. YOU MUST SUBMITAN OFFER FOR ALL ORDERING FACILITIES LISTED AS 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 the Government to 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:
LINE ITEM NO.

TIME PERIOD

PROPOSED DISTRIBUTION FEE STOCKLESSOPTIONJITO/EDOOPTION
%

YEAR INITIAL 0001
0002
0003

6.4%* 6.476*
6.4%*

%
% % % %

ONE YEAR OPTION TWO YEAR OPTION THREE OPTION YEAR

7.4%"

%
%

7.4763:
7 .4%*

0004

% %

6.4762

00057.4%" YEAR FOUR OPTION

6.4%*

*

to negotiation if Volume d.oes n o t reach 90yL o f thestated contract z v z r d .

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 7 of 20

AMENDMENT OF SOLICITATIOn AMENDMENT 0012
SECTION B

DLA120-93-R-0587

.AGE 7 OF 47

-

SCHEDULE OF SUPPLIES (CONTINUEDL

EVALUATION OF OFFERS: following way:

The Government will evaluate price offers in the

PART A - The facilities thatare eligible for the Stockless Option will of not be using that type buying exclusively (or right away). For evaluation purposes, the dollars spent JITO/EDO buys vs. Stockless on buys will be weighted as follows: JITO/EDO Base 1st 2nd 3rd 4th Year Option Option Option Option
93%

STOCKLESS
7% 26%

74%
66%

34%
42% 50%

58%
50%

will be applied to the anticipated annual estimated dollar amounts (see page 5 of this amendment).

PART B

To g e t t h e Total'Eoaluated Stockless Distribution Fee, Multiply the Annual Estimate for the facilities considering stockless times the Weighting Factor for stockless for that year times the offered distribution fee percentage for stockless for that year. 2) Do this for eachof the five years. dollar figures for each year together. 3) Add the
1)

-

PART C - Section I To get the Total Evaluated JITO/EDO Distribution Fee, 1 ) Multiply the Annual Estimate for the facilities considering stockless times the Weighting Factor for JITO/EDO for that year times the offered distribution fee percentage for JITO/EDO for that year. 2) Do this for each of the five years. 3 ) Add the dollar figures for each year together. PART C - Section I1 1) Multiply the Annual Estimate for JITO/EDO Option Only for that year times the offered distribution fee percentage for JITO/EDO for that year 2 ) Do this for each of the five years 3) Add the dollar figures for each year To get the total for Part add the answers from sections& I1 C, I together.
PART D - To get the Total Evaluated Distribution Fee for the Offer, add B the answers from parts and C together.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003
PAGE

Page 8 of 20

AMENDMENT OF SOLICITATIUN DLA120-93-R-0587 AMENDMENT 0012

1 OF

SECTION B - SCHEDULE OF SUPPLIES (CONTINUED1 EXAMPLE: For this EX. the Dist. Fee is 5% for JITO/EDO Stockless.
&

10% for

Annual Assigned Wt Offered Weighted Stockless Estimates Goina Stockless Dist. Fee Distribution Fee Base 7% X 10% $23,500,000 X = $ 164,500 1st YR $47,000,000 X 26% X 10% = $1,222,000 2nd YR $47,000,000 X 34% 10% X = $1,598,000 3rd YR $47,000,000 X 42% X 10% = $1,974,000 4th YR $47,000,000 X 50% 10% X = $2,350,000 TOTAL EVALUATED STOCKLESS DISTRIBUTION FEE $7,308,500 Annual Assigned Wt Offered Weighted JITO/EDO Estimates JITO/EDO Fee Goina Dist. Distribution Fee Base 93% 5% X $23,500,000 X 1st YR $47,000,000 X 74% X 5% 2nd YR $47,000,000 X X 5% 66% 3rd YR $47,000,000 X 58% X 5% 4th YR $47,000,000 X 50% 5% X -

$1,092,750 $1,739,000 $1,551,000 $1,363,000 $1,175,000 $6,920,750 EVALUATED JITO/EDO DISTRIBUTION FEE FOR FACILITIES ELIGIBLE FOR STOCKLESS JITO/EDO Annual Evaluated Offered Estimates Dist. Dist. Fee Base $ 5,482,750 1st YR $10,965,500 2nd YR $10,965,500 3rd YR $10,965,500 4th YR $10,965,500 Fee $ 274,137.50 5% 5% $ 548,275.00 5% $ 548,275.00 5% $ 548,275.00 $ 548,275.00 5% $2,467,237.50 NOT EVALUATED JITO/EDO DISTRIBUTION FEE FOR FACILITIES ELIGIBLE STOCKLESS

FOR

TOTAL EVALUATED + TOTAL EVALUATED STOCKLESS DIST JITO/EDO DIST FEE FOR FACILITIES ELIGIBLE FOR STOCKLESS $7,308,500

+

TOTAL EVALUATED = TOTAL EVALUATED DISTRIBUTION JITO/EDO DIST FEE FOR FACILITIES NOT ELIGIBLE FOR STOCKLESS

+ $6,920,750

+ $2,467,237.50

= $16,696,487.50

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

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 9 of 20

AMENDMENT OF SOLICITATIOlg DLA120-93-R-0587 AMENDMENT 0012 SECTION C STATEMENT OF WORK (SOW1

PAGE

1 OF 47 4

Pase 13: Paragraph A, sentences 2 and3 , revise Attachment Ito read Attachment 111. Paue 14 add the followina to General Information:
D. As of the date of this amendment, there are approximately 122,000 items on MED/SURG Distribution and Pricing Agreements (DAPAs). This number will continue to grow and DPSC eventually hopes to have approximately 500,000 items on DAPA. CERTIFICATION: I understand that the SOW requires my firm to have all DAPA items available to be ordered under my firm's EOE system, agree my firm is committingmeeting I to this requirement within the required timeframe: (check one) SOW

No

J

Yes

Under Definition Number6: Fill Rate Calculation for Both Just-In-Time Orders and Extended Deliverv Orders add: Each these fill-rates must of be calculated and reported separately. Paqe 1 5 : Definition Number 8: Delete the last sentence and replace with: The DPSC administrative fee as 1 October 1995 is 1.3%. of "Example" delete DPSC Administrative Fee (1.0%)21 and insert DPSC 27. Also delete Delivered Unit Price of Administrative Fee (1.3%) $21.21 and insert Delivered Unit Price of $21.27.

....+.

....+.

Paae 1 6 : MINIMUM PERFORMANCE REQUIREMENTS: Revise Attachment I to read Attachment 111. Paqe 18, letter 0, delete the NOTE, Pase 1 9 , letter D, second paragraph, add to the end: You are advised that a single catalog showing all usage data items selected by all ordering facilities for multiple regions is acceptable. You design can one catalog for multiple regions insteada separate catalog tailored of to each region.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 10 of 20

AMENDMENT OF SOLICITATIOn DLA120-93-R-0587 AMENDMENT 0012

cAGE

15 OF 47

Paae 20: Paragraph F - revise the last sentence of the paragraph to read: There is no six month implementation period for this transaction set, Revise the Minimum Performance Requirement to read: My firm is committing to using the ANSI X12 transaction set for Invoicing (810) effective on the date of award: (check one)

Yes

No (The Government

Add the following sentence to the end of paragraph I: currently furnishes Smartlinkmodems.)

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 11 of 20

AMENDMENT OF SOLICITATION AMENDMENT 0012

DLA120-93-R-0587

CAGE

1 OF 47 6

The following MEDICAL/SURGICAL SURGE REQUIREMENTS are hereby incorporated into subject solicitation:
[ X ] MEDICAL/SURGICAL

SURGE REQUIREMENTS

is The purpose of the Prime Vendor Surge provisionfor the Prime Vendor to partner with the deploying units to provide essential medical/surgical products. This contract will be used a vehicle for as the rapid acquisition of medical/surgical items to respond to Department of Defense wartime, contingency or humanitarian operations.
The Prime Vendor shall have the ability to provide surge products day onward, for the first days of an operation. During the 66th 65 sustainment support will be provided under the Prime Vendor Program using the Ordering Facility's day usage data. Within the first 35 30 days of the buildup, the Services (i.e., Army, Air Force, Navy, Marines) must update their usage data at the individual ordering facilities to reflect their escalated requirements the sustainment period, for beginning on day66. MED/SURG surge support will provide commercially available items through the prime vendor regional contracts. The following existing features in the Statement of Work (SOW) are expectedto assist in meeting surge requirements: Product Substitution Drop Shipments 3. Extended Delivery Orders
1.
2.
NO provision for a separately in the solicitation and award.

priced

distribution

fee

will

be

made

5, Please refer to Factor Surge Readiness and Sustainment, in M Sections L and of this solicitation.

END OF

CLAUSE

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 12 of 20

AMENDMENT OF SOLICITATIOL~ AMENDMENT 0012

DLA120-93-R-0587

Paue 28 delete the followina clauses in their entirety: 52.212-13 STOP WORK ORDER (AUG 1989) 52.212-15 GOVERNMENT DELAY OF WORK (APR 1984) - FIXED PRICE (JULY 1985) 52.246-2 INSPECTION OF SUPPLIES 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 52.247-34 F.O.B. DESTINATION (JAN 1991)
FOR Paqe 29: Delete clause 52.246-9PO2 - SUPPLIER RESPONSIBILITY TESTING OF MATERIALS AND COMPONENTS (JAN 1992) DPSC.

Paae 3 0 : Incorporate clause 52.212-10 - DELIVERY OF EXCESS QUANTITIES (SEP 1989) and clause 52.247-54 - DIVERSION OF SHIPMENT UNDERF.O.B. DESTINATION CONTRACTS (MAR 1989). The following SECTION is hereby incorporated by this amendment: H
is in the process of DOD has established DOD wide EC/EDI program that a developing and implementinga standard EC/EDI architecture. Part of t h i s infrastructure is Network Entry Points (NEPs) that will be used as "single-face-to-industry" points for receiving and transmitting ED1 all transactions between a l l of DOD and its trading partners. To this end, all distributors will have to be compliance tested with the standard infrastructure in order to receive from or send transaction to DOD.

NOTE: These NEPs are still under discussion and no milestones or target implementation date has been established. Paue 32: Delete paragraphs (b) ( 1 ) (2) ( 3 ) and ( 4 ) and (c) of the clause titled USE ELECTRONIC DATA INTERCHANGE (EDI) in their OF entirety. Paue 34: Delete paragraph (c) ( 1 ) in its entirety and insert the following:
(1) The contracting officer shall give notice to the contractor of any breach of warranties in paragraph (b) o f this clause within (1) 13 months from receipt supplies at a destination in the case of or, of supplies requiredto bear an expiration date, no later than one month following the expiration date indicated in the labeling thereof. ( 2 ) Within a reasonable time after the notice, the contracting of officer may exercise one or morethe following options; and also, following the exercise any option, may unilaterally change it to one of or more other options set forth below:
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the of requirements of this contract within the meaning paragraph (b)(l) of this clause; or

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 13 of 20

AMENDMENT OF SOLICITATIOfl DLA120-93-R-0587 AMENDMENT 0012 Paae 34 paraqraDh (c)(l) (Continued):

PAGE

18 OF 47

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances, and the contractor shall promptly make appropriate repayment; or
Paae 35: The last paragraph should be (iii). and (iii) insert the following: In between paragraphs (1)

(ii) Return or hold the nonconforming supplies for contractor's account, or require the return the nonconforming supplies and then of hold the contractor's account, whereupon the contractor shall repay the contract price therefore. In such event, the Government may reprocure similar supplies upon such terms and such manner as the contracting in officer may deem appropriate, and charge to the contractor the additional cost occasioned the Government thereby.
Paqe 38: Delete clause 52.210-7 - USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY (APR 1984). Paae 39: Delete clause 52.222-29 - NOTIFICATION OF VISA DENIAL (APR 1984) and clause 52.229-6 - TAXES--FOREIGN FIXED-PRICE CONTRACTS (JAN 1991). Paae 40: 1991). Incorporate clause 52.253-1 - COMPUTER GENERATED FORMS (JAN

Paqe 41: Clause 52.232-23 Delete the words "ALTERNATE I (APR 1984)" from the clause title. Paqe 42: Delete clause 52.215-26 - INTEGRITY OF UNIT PRICES (APR 1991) ALTERNATE I (APR 1991) and incorporate clause 52.215-26 - INTEGRITY OF UNIT PRICES (APR1991). Paae 43: Delete clause 252.203-7003 - PROHIBITION AGAINST RETALIATORY PERSONNEL ACTIONS (APR 1992). Paae 44: Incorporate clause 252.225-7014 - PREFERENCE FOR DOMESTIC SPECIALTY METALS (DEC 1991) and clause 252.233-7000 - CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF 1994). (MAY

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 14 of 20

AMENDMENT OF SOLICITATIOn AMENDMENT 0012

DLA120-93-R-0587

,AGE _19

OF 47

Paue 4 7 is hereby deleted in its entirety and replaced the following: by

[X] 52.217-9P10 OPTION FOR REQUIREMENTS CONTRACT (PRIME VENDOR)

TERM EXTENSION

(a) Acceptance of the option clauses contained Failure to indicate acceptance of the option by or distribution fee in the schedule elsewhere in the be deemed non-acceptance of the option and will the offeror's entire proposal.

herein is mandatory. annotating the offeror's solicitation will result in rejection of which differ

(b) Offerors may offer options at distribution fees from the distribution fee r the base ordering period. fo

(c) The contracting officer extend the term of this contract by may written notice to the contractor within the time specified in the Schedule provided that the contracting officer shall give the contractor a preliminary written notice of intent to extend at least 30 days before expiration of the contract. The preliminary notice does not commit the G o v e r n m e n t to an extension.
( d ) Performance under t h e option period shall continue at the same performance level specified for the basic contract.

(e) The option to extend the term of the contract shall be exercised not later than three days before the expiration date of the contract.
( f ) The option is deemed exercised when mailed or otherwise furnished to the contractor.

(9) If the contracting officer exercises this option, the extended contract shall be considered to include this option clause.
(h) The total duration of any options exercised under this clause shall not exceed 4 year(s). ( i ) The following provisions apply only to negotiated acquisitions:

(1) If an option has been priced under this solicitation and is to be exercised at time of award of the basic contract, the submission of certified cost and pricing data may be requiredto award where prior the combined dollar value the basic contract and option exceeds of $500,000, unless an exemption thereto is appropriate in accordance with FAR 15.804-3.
( 2 ) Prior to the award any contract which will contain one or of more priced options totalling $500,000 or more, the submission of certified cost or pricing data covering the basic contract and the option(s) may be required regardless of when the option(s) may be is exercised, unless an exemption thereto appropriate in accordance with FAR 15.804-3.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 15 of 20

AMENDMENT OF SOLICITATION DLA120-93-R-0587 AGE AMENDMENT 0012

20 OF 47

[ X ] 52.217-9P10 OPTION FOR REQUIREMENTS CONTRACT TERM EXTENSION (PRIME VENDOR) (CONTINUED)
The $500,000 threshold shall revert to $lOO,OOO after December 31, 1995; therefore, all subcontracts awarded after December 31, 1995, and/or changes o r modifications made after December 31, 1995 shall be subject to the $lOO,OOO threshold. (END OF CLAUSE)

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 16 of 20

AMENDMENT OF SOLICITATIUH AMENDMENT 0012

DLA120-93-R-0587

PAGE 21 OF 47

Paaes 51and 52 are hereby deleted in their entirety. No of list hazardous materials is required under this solicitation. Please refer to the SOW requirements regarding hazardous materials. Paae 55is hereby deleted in its entirety. Paqe 56: Clause 52.252-9PO3 - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (JAN 1992) DPSC Revise to read as follows: THIS SOLICITATION OF CONSISTS THE FOLLOWING:

[X] 1.

ALL PAGES AND ATTACHMENTS

Paae 6 2 is hereby deleted in its entirety. P a w 6 4 : Clause 52.219-22 - SIC CODE AND SMALL BUSINESS SIZE STANDARD (JAN 1991) paragraph (b)(l) shall read: The small business size standard is 500 employees.
mise
p q 69 a e

as follows:

Delete the title "Sectinn T - Technical Proposal and ATTACHMENT I" and replace with "Section -L Technical Proposal". Add above paragraph - PAST PERFORMANCE the following sentence: 1 Please answer all questions in the same order as listed. FACTOR 1 - PAST PERFORMANCE: Question E - Add the following to the end of the paragraph: Please provide your fill-rate methodology for your commercial sector business including a sample of such calculations.

Question F - Add the following to the end of the paragraph: Please certify that you have not received any, violation notices from the FDA, EPA, DEA and/or OSHA during the last three years. If you cannot so certify, please provide all corrective actions or disposition of these problems including any correspondence from the above mentioned agencies. Question G - Delete the first sentence and replace with the following: Percentage-wise, how much your CURRENT actual Prime Vendor products of being distributed are MED/SURG products? Paqe 7 0 is hereby revised as follows: FACTOR 2 - PRODUCT AVAILABILITY: Delete QuestionA in its entirety and replace with the following: Describe how your firm proposes to handle Just-In-Time Orders (JITOs) and Extended Delivery Orders (EDOs) under your Prime Vendor EOE system. Describe the separate steps a buyer sitting at a computer terminal must take to place a JITO order and an ED0 order. How will the buyer identify the differences between these two of orders in your types EOE system? How will the legacy systems, TAMMIS and MEDLOG, identify to your system that they want to process a JITO ED07 The Statement of and
A.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 17 of 20

AMENDMENT OF SOLICITATION AMENDMENT 0012

DLA120-93-R-0587

PAGE

22 OF 47

Paae 7 0

-

FACTOR 2

-

PRODUCT AVAILABILITY (CONTINUED):

Work allows for usage data items, as well as non-usage data items, to be placed as an EDO, how will EOE system accommodate this requirement? your for processing JITOs and EDOs that Explain how you will provide a method provides the ordering facilities with a system that meets the following four requirements listed in Section the solicitation: M of 1. is easy to use; 2. gets them the required delivery; 3. minimizes manual intervention on the part the ordering of facility; 4. allows for invoicing through the prime vendor system. Sales must be captured, and all orders placed, through the Prime Vendor Program. Question F

-

Delete Attachment I and replace with Attachment 111.

Delete QuestionH in its entirety and replace with the following: H. For emergency shipments in excess of two for each facility, please describe what additional cost components, if any, will be charged, e.g., transportation and handling cost, inbound and outbound freight costs, etc.. Request you identify all cost components at this time. Paqe 7 1 is hereby revised as follows: FACTOR 3 - ELECTRONIC ORDER ENTRY (EOE) SYSTEMS AND ELECTRONIC DATA INTERCHANGE (EDI) CAPABILITY: Add the following to Question G: Indicate below whethernot your or firm can comply with this requirement: (check one) Yes, my firm can comply No, my firm cannot comply Question I third sentence should read: Indicate which type both) of (or search capability presently exists in your electronic catalog your firm is offering. (Check all that apply) Search by generic product name (as a single search criteria*)
(as a Search by manufacturer part number

single

search

criteria*)

Neither one of the above search capabilities exist in my electronic catalog. The remainderof Question I remains as stated in amendment 0008.

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003
PAGE

Page 18 of 20

AMENDMENT OF SOLICITATIUH AMENDMENT 0012

DLA120-93-R-0587

23 OF 47

Paue 72 is hereby revised as follows:
FACTOR 3 - ELECTRONIC ORDER ENTRY IEOEI SYSTEMS AND ELECTRONIC DATA INTERCHANGE (ED11 CAPABILITY (CONTINUEDL:
0: Answer on the lines below: Add to Question

PC

Hardware : Required:

RAM Memory

Hard Disk Space Required: What type of Software is Required: Question P : Delete the first sentence and replace with the following: Does your firm have any experience transmitting/receivingx12 810, ANSI 850, 855, and 832 transactions sets? FACTOR 4

-

CUSTOMER SUPPORT:

Delete Question A i its entirety n

and replace with the following: to all ordering A. The Statement of Work requires recall notifications facilities, DPSC and additional activities within a specific timeframe. Describe how you will meet the solicitation requirements for recalls. Please indicate the timeframe and method (i.e. telephone, fax, in-person visit) you will use to notify all the required activities of recalls. Delete QuestionB in its entirety and replace with the following: B o Will you comply with the packing slip requirements as stated on page 2 6 , paragraph E, of Amendment 0008, that you intend to supply with your shipment? (Check One) Yes No

Delete QuestionC in its entirety and replace with the following: C. Please state method you will use to notify ordering offices of the following:
1.
2.

3.
4.

Manufacturers' backorders. Time of initial manufacturers' backorder situations. Estimated date manufacturers' backorder situations will end. Actual date manufacturers' backorder situations end.

Paue 73 is hereby revised as follows: FACTOR 4

-

CUSTOMER SUPPORT:

Delete QuestionG in its entirety and replace with the following: G. Describe your proposed report packages that will be furnished to the individual ordering offices and DPSC. to

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003
.

Page 19 of 20

AMENDMENT OF SOLICITATIOh DLA120-93-R-0587 AMENDMENT 0012

. -3E 24

OF 47

Paae 7 3

-

FACTOR 4 - CUSTOMER SUPPORT (CONTINUED]:

After Question G, add Question H as follows: H. Please submit a plan that ensures your firm will service, support and visit ordering facilities that are not physically located to your sales close representatives or distribution centers, are not doing a large dollar or volume of sales.
FACTOR 5

-

SURGE READINESS AND SUSTAINMENT:

Delete sentence as written and replace with the following: Describe how your firm may meet the surge requirementsthis solicitation. of
FACTOR 6 SOCIOECONOMIC CONSIDERATIONS:

Revise sentence 3 of paragraph 1 to read as follows: Any firm who has not doneso, should complete and submit the chart shown below 6 Factor in this amendment. Revise sentence2 of paragraph 2 to read as follows: (A guide for completio'n is attached to this amendment.)

Case 1:03-cv-00289-FMA

Document 18-15

Filed 08/15/2003

Page 20 of 20

AMENDMENT OF SOLICITATIOh OLA120-93-R-0587 AMENDMENT 0012

. . a OF ; E

47

The following is hereby incorporated into subject solicitation, Section

L, via this amendment:
MY FIRM COMPLIES WITH ALL ASPECTS OF THE STATEMENT WORK EXCEPT OF THE FOLLOWING: ( I f you take no exceptions, indicate "none".)
FOR

MY FIRM EXCEEDS THE STATEMENT WORK BY OFFERING THE FOLLOWING: OF (Briefly detail premium features your proposal that your firm is of contractually willing to commit to.)