SOLICITATION NOTICE
65 -- BLANKET PURCHASE AGREEMENT FOR HARD TO FIND PHARMACEUTICAL PRODUCTS AND OR INJECTABLES
- Notice Date
- 6/15/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 424210
— Drugs and Druggists' Sundries Merchant Wholesalers
- Contracting Office
- Western Regional Contracting Office, ATTN: MCAA W BLDG 9902, 9902 Lincoln Street, Tacoma, WA 98431-1110
- ZIP Code
- 98431-1110
- Solicitation Number
- W91YU0-11-T-0200
- Response Due
- 8/1/2011
- Archive Date
- 9/30/2011
- Point of Contact
- Angela Dexter, 253-968-4912
- E-Mail Address
-
Western Regional Contracting Office
(angela.dexter@amedd.army.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. SCOPE OF WORK BLANKET PURCHASE AGREEMENT (BPA) Between Contractor And Western Regional Contracting Office Contract Number BPA W91YU0-XX-A-XXXX Authority This agreement is established in accordance with FAR 13.303, Blanket Purchase Agreements (BPA). It will be reviewed by the Contracting Officer at least once annually prior to the anniversary of the effective date, and revised to conform with all requirements of Statutes, Executive Orders, or the Federal Acquisition Regulation as updates occur. Any revisions will be incorporated by modification to this BPA. The Government intends to establish multiple Blanket Purchase Agreements (BPAs) for various hard-to-find and those limited supply type pharmaceuticals. NOTE: All pharmaceuticals purchased from BPA CALLs processed against the Master Blanket Purchase Agreement that will be issued from this Request for Quotation MUST be FDA approved. Duration of the contracts will be for a base period, plus four one-year option periods, if exercised. The Government will evaluate the packages submitted for this RFQ and issue a Master BPA to those contractors deemed acceptable. In turn, those Master BPAs will be sent to the contractors for their acceptance. No agreement will exist until both the Government and Contractor sign the order. Master BPAs are not contracts and are not funded. BPA CALLs will be issued including funding to order items from the processed Master Blanket Purchase Agreements. Master BPAs entered into as a result of this Request for Quotation will establish multiple supply sources that will provide a streamlined method for procuring those hard-to-find and limited supply products as needed. The objectives are to ensure availability and consistency of product for use in the Western Regional Medical Command at the best possible price while reducing processing time/workload for all parties, streamlining the payment process, and reducing vendor payment time. The estimated cumulative amount for each awarded contract is $6,000,000.00 over the life of the contract EVALUATION - COMMERCIAL ITEMS (a) The Government will select offerors to receive a contract resulting from this solicitation if the offeror is a responsible offeror who offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in the order of importance): (1) Technical capability: The ability to provide the items required, eg.. Hard-to-find pharmaceuticals, etc. (2) Past Performance in areas of responsiveness and timely deliveries of required products. Provide instances of emergency purchases (if possible). Provide a minimum of three past contract awards or sales for this type of purchase (i.e. "hard-to-find", "in-short-supply"). (3) Pricing (Evaluation of pricing will be done at time of purchase by Government personnel.) Submission of sample Line Card of products company can provide is requested. Line Card will be used for informational purposes. Technical and past performance, when combined, are rated higher than Price (as lives could depend upon the availability of certain pharmaceutical products). (b) Options. The Government will evaluate offers for selection purposes by evaluating the prices on the offeror's commercial price list and any offered discount. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). INFORMATION TO QUOTERS: 1. Whenever the words "offer", "proposal", "offerors", or similar terms are used in this solicitation, they shall be read to mean "quote", "quotation", "quoter", "vendor" or similar corresponding term to reflect that this solicitation is a Request for Quotation, not a Request for Proposal or an Invitation for Bid. 2. Once the Contracting Officer has decided to whom a Master BPA will be issued, a bilateral BPA requiring the quoter's signature will be issued. A Master BPA will be in existence once both the quoter and the Contracting Officer has signed the agreement. The Master BPAs awarded from this solicitation will be for "hard-to-find" or "in short supply" type pharmaceuticals/Biologicals and injectables. Sources of supply for the requestor is as follows: (1) Prime Vendor (2) Secondary Vendor (3) Manufacturer After required sources of supply are checked for products - and it is found that the product is not available or can only be received in a limited number and more is required - the Blanket Purchase Agreements can be used. Only those items that are not available through the required sources or that are in short supply may be purchased under the BPAs. The Point of Contact/Appointed Ordering Officer will contact each BPA holder to verify current availability and pricing of each "hard-to-find" item. The BPA CALL will be placed with the Contractor that can provide the items in a timely manner, at a price considered fair and reasonable. The order will be placed with the Contractor that offers the best value to the Government. CALLs may or may not be placed with the lowest priced Contractor, but placed with the Contractor that can provide the medications the quickest. In some instances, the pharmaceuticals are needed in a 24 hour period (or less) and the availability is a "life or death" issue. In the event of a standard delivery, availability and pricing will be the determining factors. *NOTE: All Master BPA holders may or may not be contacted in an emergency situation in accordance with FAR 16.505(b)(2) Exceptions to the fair opportunity process. The Contracting Officer will give every awardee a fair opportunity to be considered for an order exceeding $2,500 unless one of the statutory exceptions applies. After issuance of Master Blanket Purchase Agreement, a BPA CALL will be generated. The BPA CALL will be funded with an estimated amount of dollars to cover those "as required/as needed" items for a specific time frame. The time frame will be set up on a Fiscal Year basis (1 Oct - 30 Sep). BPA CALL values are estimated and ordering may or may not use all funding during the time frame covered. Information concerning ordering and administration are covered under Section entitled "INFORMATION" located at the end of the solicitation. The Contracting Officer has the authority to de-obligate excess funding unilaterally at the end of each BPA CALL. This is covered in the Addendum to FAR 52.212-4 in the solicitation. BACKGROUND: Western Regional Medical Command and Western Regional Contracting support the military population (and eligible family members) located in the Western Region (CO, KS, MO, CA, AZ, WA, AK, and western part of TX) and the local civilian population in emergencies. All the associated pharmacies (both in the hospital and the outlying clinics) purchase their pharmaceuticals through the Main Prime Vendor, Secondary Prime Vendor, or directly from the manufacturer. As certain pharmaceuticals are required, it will occasionally fall upon the Department of Pharmacy to seek other than the directed sources of supply for those items that are included in a nationwide shortage or may be deemed too expensive through the directed sources. Competition must be accomplished among distributors and is very time consuming. Sometimes the requirement for certain pharmaceuticals is a life or death matter and the time spent looking for sources may cause injury or life threatening damages beyond repair. A source of supply that can provide those "hard-to-find" items needs to be available at any time, day/night, weekends, etc. for those critically needed supplies that cannot be purchased through the Prime or Secondary Prime vendor or directly from the manufacturer. GENERAL: The contractor shall provide those hard-to-find or items that are short on supply nationwide as required (if in their power) for the Western Region. Inability to provide those types of pharmaceuticals will not be viewed as a failure or in a negative manner against the contractor. Master Blanket Purchase Agreements, established to allow maximum flexibility and efficiency in the procurement of such items. The Government may place BPA CALLs to fund the estimated expenditures for the entire year with one order, or may place multiple BPA CALLs during the year for limited periods. BPA CALLs will not cross fiscal years (except for required delivery time). This contract uses a CLIN structure that allows purchase of all items within the scope of the items covered by this contract. The quantity and types of items needed for those medical treatments and emergencies vary over time based on patient needs. Each BPA CALL will be funded with a specific amount and allow the facility to place telephonic orders for specific requirements/emergencies against that BPA CALL until the funds are depleted. This also allows for procurement of new items as technology advances without the need to modify the contract to include them. Estimated item quantities and/or line item pricing will not be listed on the Master Blanket Purchase Agreement or CALL. Delivery orders will reflect a number in the Quantity field equivalent to the number of dollars for which the delivery order is funded. There is no expressed or implied guarantee that the purchases under the BPA CALL will exhaust all funds. New Products/Product Upgrades The contractor will also provide to the Point of Contact/Appointed Ordering Officer product literature for the new items and a detailed description of the differences between the new items and any existing items they replace or to which they can be compared, and a specific analysis of the comparative advantages/disadvantages of the items involved. (1) Description of Agreement a. Contractor shall provide those hard-to-find or items that are short on supply nationwide as required (if in their power) for the Western Region. This agreement shall be in effect for a term of five (5) years, starting on 01 August 2011 through 31 July 2016. Agreement terms and conditions may be renegotiated annually prior to the anniversary of the effective date of the agreement. Either party may terminate this agreement by giving thirty (30) days written notice b. Contractor shall provide current published price lists with updates and any changes to the Contracting Officer and all callers within thirty (30) days of change. (2) Extent of Obligation This Blanket Purchase Agreements (BPA) does not obligate any funds. The Government will be obligated only to the extent that authorized BPA calls are actually made under this agreement. (3) Purchase Limitation: BPA Call Limit (if placed via Government Purchase Card)=$25,000.00 BPA Call Limit=$150,000.00 (if ordered through the Contracting Office/Cell) BPA Master Dollar Limit=$6,000,000.00 (per fiscal year) (4) Individuals Authorized to Purchased Under the BPA a. A written letter will be submitted to the Contractor with the names of the individuals authorized to schedule deliveries under the agreement. Only authorized Government employees who have been specifically named by the Contracting Officer my schedule deliveries under this agreement. STRICT COMPLIANCE WITH THIS STIPULATION IS IMPERATIVE. b. Each order under this agreement will be assigned a call code/number by the Western Regional Contracting Office/Cell, or Credit Card Holder. Invoices should reflect BPA number and call number. Deliveries will be scheduled and a call number will be associated with each delivery. c. Orders will be placed telephonically to: _______________________ or _________________________ referencing Account Number: _____________________. (5) Delivery Tickets All packing lists (delivery tickets) shall contain the following information: a. Name of Supplier b. BPA Number/Call number c. Date of Purchase d. Delivery (purchase/call) order Number e. Itemized list of supplies furnished f. Quantity, unit price, and extension of each item less applicable discounts, if applicable g. Date of delivery or shipment (6) Invoices a. This order will be paid by DFAS Indy (GFEBS). The contractor will be required to submit an invoice and receiving report (COMBO) in to the Army Electronic Invoicing system through Wide Area Workflow (WAWF) for each BPA call delivery. Invoicing must show quantity amounts at 1$ each and will be subtracted from overall BPA call order amount. (i.e. billing for $250.00 will show as 250ea @ $1). Instructions for submitting WAWF invoices below: ARMY ELECTRONIC INVOICING INSTRUCTIONS (FEB 2006) Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. __X_Wide Area Workflow (WAWF) (see instructions below) _____Web Invoicing System (WInS) (https://ecweb.dfas.mil) _____American National Standards Institute (ANSI) X.12 electronic data interchange (ESI) formats (http://www.dfas.mil/ecedi) _____Other (Please specify)____________________________________________________ DFAS POC: DFAS Indy GEFEBS Phone: WAWF is the preferred method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order. WAWF Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) identified in Block 15(Payment will be made by) of DD 1155 Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment. The following codes and information will be required to assure successful flow of WAWF documents. TYPE OF DOCUMENT - VENDOR WILL SUBMIT INVOICE INTO WAWF AS INDICATED BELOW: _____Commercial Item Financing _____Construction Invoice (Contractor Only) _____Invoice (Contractor Only) ___X__Invoice and Receiving Report (COMBO) ___Invoice as 2-in-1 _____Performance Based Payment (Government Only) _____Progress Payment (Government Only) _____Cost Voucher (Government Only) _____Receiving Report (Government Only) _____Receiving Report with Unique Identification (UID) Data (Government Only) *UID is a new globally unique "part identifier" containing data elements used to track DoD parts through their life cycle. _____Summary Cost Voucher (Government Only) CAGE CODE:SEE BLOCK 9 OF DD 1155 ISSUE BY DODAAC:SEE BLOCK 6 OF DD 1155 ADMIN BY DODAAC:SEE BLOCK 7 OF DD 1155 INSPECT BY DODAAC:SEE BLOCK 6 OF DD 1155 ACCEPT BY DODAAC:SEE BLOCK 6 OF DD 1155 SHIP TO DODAAC:SEE BLOCK 6 OF DD 1155 LOCAL PROCESSING OFFICE DODAAC: NOT USED. IF REQUIRED BY WAWF ENTER DODAAC FROM SHIP TO ADDRESS OF DD 1155 PAYMENT OFFICE FISCAL STATION CODE: SEE BLOCK PAYMENT WILL BE MADE BY OF DD 1155 When submitting invoices via WAWF, the contractor shall ensure that the Receiver and the Acceptor are notified that an invoice is pending by initially loading their email addresses in the record for the contract and selecting them for notification each time an invoice is submitted. Email addresses for the following positions will be provided apart from this clause at the time distribution of the contract is made: INSPECTOR: ACCEPTOR: RECEIVING OFFICE POC: CONTRACT ADMINISTRATOR: CONTRACTING OFFICER: ADDITIONAL CONTACT: For more information contact: SEE ISSUE BLOCK6 OF DD 1155 FOR THE CONTRACT SPECIALIST AND BLOCK 24 OF DD 1155 FOR THE CONTRACTING OFFICER/ORDER OFFIICER. Receiving POC: ( will be given at award) (7) Discounts In accordance with agreement between Contractor.and the Government, marginal discounts ranging from ____% up to _________% are offered on ______________________purchases under this agreement (Electronic Product Catalog maintained in Agreement File). (8) Shipping Contractor shall ship directly to the Medical Treatment Facility. Freight will be prepaid and added to each invoice, if applicable. The F.O.B. point is:___________________. Overnight Deliveries will be shipped via Federal Express or UPS Services on or around 10:30 am in the invent that immediate delivery is required. (9) Customer Service Contractor. shall ensure that all local or toll free customer service numbers are updated periodically to each know Government point of contact and the Contracting Office. In addition, Contactors shall assign an account manager to the order to ensure customer satisfaction. Contractor shall provide the name of that individual to the MAMC authorized callers listed on the written letter. BPA call orders can be fax or via email to Contractor. (10) Promotion. Contractor agrees it shall not advertise the use of this BPA in such a manner as to state or imply that the Government or a particular MTF endorses a product, project, or commercial line of endeavor. (12) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (Mar 2008) In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R. Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule. (End of clause)
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA13/W91YU0-11-T-0200/listing.html)
- Place of Performance
- Address: Western Regional Contracting Office ATTN: MCAA W BLDG 9902, 9902 Lincoln Street Tacoma WA
- Zip Code: 98431-1110
- Zip Code: 98431-1110
- Record
- SN02473053-W 20110617/110615234357-0382f5af78c92f10b88fc979c587feba (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |