As prescribed in 16.506-95 insert the following clause:
PRIME VENDOR REQUIREMENTS (APR 2008 MEDICAL) - DLAD
In accordance with FAR 52.216-21 (c), the requirements covered by this contract are hereby defined. Requirements under this contract are items, for the ordering facilities specifically identified in the solicitation, that are brand name specific items (including generic and house labels) covered either by Distribution and Pricing Agreements (DAPAs) or Indefinite Delivery contracts established with manufacturers/suppliers specifically to support prime vendor contracts. The following provisions are applicable to these requirements:
(a) The Government is not required to, but may, place orders under this contract for items available from Government depot stock.
(b) The Government is not required to, but may, place orders under this contract for items which are normally available under the DSCP Medical Electronic Commerce Program.
(c) When the contractor cannot fill a routine order under this contract due to manufacturer’s backorder, the Government will be advised within two hours after order placement. The Government will have the right to cancel the order and place the order with another source.
(d) When the Government has an emergency order the contractor will advise, within twelve hours after picking up the order from VAN, whether or not the order can be filled within the required timeframe. If the contractor cannot fill the order, the Government has the right to cancel the order under this contract and place the order with another source.
(e) The Government is not obligated to place orders under this contract for items covered by FAR Part 8, Required Sources of Supplies and Services.
(f) The Government is not obligated to place orders under this contract for items normally available through the DSCP National mail Order Pharmacy Program.
(End of clause)
