FBODaily.com | FedBizOpps: PRESOL | 65 | Medical and Pharmaceutical Supplies - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 01, 2014 FBO #4541
SOLICITATION NOTICE

65 -- Medical and Pharmaceutical Supplies - Package #1

Notice Date: 4/29/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 424210 — Drugs and Druggists' Sundries Merchant Wholesalers
Contracting Office: Department of Health and Human Services, Centers for Disease Control and Prevention, Procurement and Grants Office (Atlanta), 2920 Brandywine Road, Room 3000, Atlanta, Georgia, 30341-4146
ZIP Code: 30341-4146
Solicitation Number: 2014N15812
Archive Date: 6/7/2014
Point of Contact: William Chase Argo, Phone: 7704882935, Christine N Godfrey, Phone: 404-639-7496
E-Mail Address: uzq2@cdc.gov, cnp9@cdc.gov
(uzq2@cdc.gov, cnp9@cdc.gov)
Small Business Set-Aside: N/A
Description: Attachment A as referenced in the Combined Synopsis/Solicitation for RFP Word version of Combined Synopsis/Soliciation 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. The solicitation number is 2014-N-15812 and is being issued as a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-72. The associated North American Industrial Classification System (NAICS) code for this procurement is 424210 with a small business size standard of 100 employees. THIS IS A FULL AND OPEN COMPETITION. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov, in order to be considered for award. This combined synopsis solicitation notice is a request for competitive proposals. This requirement is for pharmaceutical and medical/surgical supplies and may result in the award of one or more Fixed Price, indefinite delivery indefinite quantity (IDIQ) contracts. The term of the resulting IDIQ contract(s) shall be five (5) years from the effective date of the IDIQ contract. A Government review of its requirements and the corresponding discounts for this IDIQ contract will be performed annually. A Government review of performance will be performed annually through CPARS. CPARS is the Contractor Performance Assessment Reporting System that reports to the Past Performance Information Retrieval System (PPIRS) which provides timely and relevant information on Contractor performance for use in source selection. Attachment A - RFP 2014-N-15812 attached to this notice is a listing of the supplies required broken down by: Summary of Costs, Medical Supplies; and Pharmaceuticals. The workbook outlines the yearly prices, yearly quantities for the FMS and Pharmaceutical Shortages and respective manufacturer part number and National Drug Code for the five year period of performance. Line item numbers 1 -139 are the supplies required to address the medical supplies requirements and are under the Medical Supplies tab. Line item numbers 140 - 387 are the items required to address the Pharmaceuticals requirements and are under the Pharmacy tab. There is also a Summary of Total Cost Tab that pulls information from the Medical Supplies sheet and the Pharmaceuticals sheet for a summary of pricing. Offerors are not required to propose on all line items in order to be considered for award, however the Government will consider additional administrative costs in its price evaluation. The part numbers, where identified, are provided for specification purposes and responses may be either for the specified product or equal item. You may respond by either using the attachment or submitting your own list of products proposed. The specific delivery points will be identified later, however delivery could be anywhere within the 50 United States, US Territories and/or US Interest(s). In order to be considered for award, the offeror shall be at least one of the following: 1) the manufacturer of the products, 2) an authorized distributor of the manufactured products or 3) an authorized reseller of the manufactured product. Vendors may propose on any items which they are authorized to sell. Multiple awards are anticipated and will be made if in the Government's best interest after consideration of the additional administrative costs. In your response, please identify if shipping will be included in the unit price or submit separate shipping costs. Also see E.1.1, below. All questions/inquiries must be submitted to the contracting officer via electronic mail (e-mail) not later than 11:00 AM EDT on May 7, 2014. Inquiries submitted via telephone will be re-directed to an e-mail submission. Submit offers and/or any questions to the attention of W. Chase Argo at uzq2@cdc.gov. Questions will be answered by May 14, 2014. Proposals are due on May 23, 2014 2:00 PM EDT. Offerors who fail to complete and submit the requirements of this combined synopsis/solicitation may be considered non-responsive. Proposals received prior to the RFP closing date will be considered by the CDC. Late proposals will not be accepted. SECTION C- CONTRACT CLAUSES The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. FAR 52.212-5 paragraph (a) and the following clauses in paragraph (b) are being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to this acquisition: 52.203-6, 52.204-10, 52.209-6, 52.209-7, 52.209-10, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.223-18, 52.225-13, and 52.232-33. The selected offeror must comply with the following FAR clauses, which are incorporated herein by reference: 52.242-15, 52.246-2, and 52.246-16. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/ The selected offeror must comply with the following HHSAR clauses, which are incorporated herein by reference: 352.202-1, 352.203-70, 352.222-70, and 352.242-73. The full text of the referenced HHSAR clauses may be accessed electronically at http://www.hhs.gov/regulations/. In addition, the selected offeror must comply with the following FAR and CDC local clauses incorporated herein in full text. Ordering Procedures: All orders will be awarded on a Firm-Fixed Price basis using per unit cost proposed. The Government reserves the right to issue multiple awards. The term of this IDIQ contract shall be five years from the effective date of award. It is estimated that over the five (5) year period the total dollar volume of all the IDIQ contracts issued against this solicitation will not exceed a maximum amount $5 million (usd) in aggregate and no single order should exceed $2 million, unless agreed to by both parties. The maximum ceiling amount of this IDIQ contract may be increased to accommodate additional needs of the CDC that are within the scope of the IDIQ contract. Additionally, the CDC reserves the right to adjust the maximum values among performance periods if such action is determined to be in compliance with federal law by the agency ordering official. The Price to the Government for the supplies provided shall be determined for each order based on the pricing contained within the subsequent IDIQ(s) contract. (a) Individual task orders shall define the quantity of supplies and the delivery timeframes. Individual task orders shall be issued against the IDIQ(s) on a Fixed Price basis. (b) The award amount of task orders will be based on the identified specific requirements for supplies to be delivered. (c) As a minimum, each order will contain the following information: (1) Task Order number; (2) date of order; (3) list of required deliverables; (4) delivery schedule; (5) place(s) of delivery; and (6) signature of an authorizing ordering official. Task orders shall not to exceed the individual Task Order amount on which the award is based, unless a modification is issued by a duly warranted Government Contracting Officer. (d) Any order issued during the effective period of this IDIQ and not completed within that period shall be completed by the Contractor within the time specified in the delivery order. The contract shall govern the Contractor's and Government's rights and obligations with respect to the delivery order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries that exceeds twelve (12) months following the end of the period of performance of the contract. 52.216-19 Order Limitations. (Oct 1995) (a) Minimum order. Based on the awarded value of the IDIQ, the Government shall place a minimum order of: $1,000 for an IDIQ contract value of tiny_mce_marker.01 to $150,000.00; $5,000 for an IDIQ contract value of $150,000.01 to $1,000,000.00; and, $10,000 for an IDIQ contract value of $1,000,000.01 within the period of performance for the IDIQ contract. When the Government requires supplies covered by this contract in an amount of less than the minimum order amount for respective contract values identified above, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $2,000,000.00; (2) Any order for a combination of items in excess of $2,000,000.00; or (3) A series of orders from the same ordering office within 10 days that together order for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) ordered for and the reasons. Upon receiving this notice, the Government may acquire the services from another source. (End of clause) 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity solicitation for the services specified and effective for the period as specified. (b) Contract performance shall be made only as authorized by task orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the services specified up to and including the quantity designated in Attachment A with respect to the order limitations. (c) Except for any limitations on quantities in the Order Limitations clause or in the contract, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the resultant task orders. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after the end of the contract. (End of clause) 52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor with at least 10 days advanced notice at any point during the contracts period of performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) CDC 42.0002 Evaluation of Contractor Performance Utilizing CPARS (April 2013) In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website. The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor's responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations. (End of Clause) SECTION D- Contract Documents D.1 Method of Delivery Unless otherwise specific by the Contracting Officer, delivery of the items other than those identified in Line Items to be furnished to the government under this contract (including invoices) shall be made by first class mail, overnight carrier or e-mail. D.2 Packaging Where applicable, packaging shall be consistent with the FDA approved labeling and packaging for this product at the time of manufacture. D.3 Inspection and Acceptance (Apr 2009) D.3.1 Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer or his duly authorized representative (who for the purposes of this contract shall be the Project Officer/COTR) at the destination of the articles, services or documentation. D.3.2 The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights: (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (End of Clause) D.4 Contractor Inspection Requirements The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government. (End of Clause) SECTION E- Solicitation Provisions FAR SOURCE TITLE AND DATE 52.217-4 Evaluation of Options Exercised at Time of Contract Award (Jun 1988) 52.217-5 Evaluation of Options (Oct 2004) 52.216-27 Single or Multiple Awards (Oct 1995) The Government may elect to award a single indefinite delivery indefinite quantity (IDIQ) contract or to award multiple indefinite delivery indefinite quantity (IDIQ) contracts for the same or similar services to two or more sources under this solicitation. (End of provision) Evaluation of Proposals for Multiple Awards In addition to other factors, proposals will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating proposals that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs. (End of provision) CDC42.0001 Contractor Performance Assessment Reporting System (CPARS) Requirements: In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website. The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor's responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations. Provide the current CPARS representative information below. _______________________________________ PRINT OR TYPE NAME _______________________________________ EMAIL ADDRESS AND PHONE NUMBER [End of Provision] E.1 Instructions, Conditions, and Notices to Offerors E.1.1 Business Proposal Instructions The business proposal shall not exceed 50 pages and shall reflect all cost information per proposed upon CLIN as delineated in the spreadsheet, Attachment A. For purposes of proposing shipping prices, the Offeror shall use a uniform cost assumption of shipping from its manufacturing facility to a destination approximately 1200 miles away. The shipping costs shall be included in the total cost of the contract; however it shall be submitted in a separate line for evaluation and discussion if shipping costs are proposed separately and not included in the unit prices. E.1.2 52.233-2 Service of Protest (Sept 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Procurement and Grants Office (PGO) ATTN: Christine N. Godfrey Acquisition and Assistance Branch 2 University Office Park, Colgate Building 2920 Brandywine Road, Atlanta, GA 30341 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. E.1.3 Inquiries All questions/inquiries must be submitted to the contracting officer via electronic mail (e-mail) not later than 11:00 AM EDT on May 7, 2014. Inquiries submitted via telephone will be re-directed to an e-mail submission. Submit offers and/or any questions to the attention of W. Chase Argo at uzq2@cdc.gov. Questions will be answered by May 14, 2014. Proposals are due on May 23, 2014 2:00 PM EDT. You must submit two (2) hard copies (by mail) of your proposal to W. Chase Argo, Subject: (Company Name) Proposal to RFP# 2014-N-15812. In addition, you must email one (1) copy of the exact same proposal files to W. Chase Argo uzq2@cdc.gov and Christine Godfrey CNP9@cdc.gov by the Closing Date in Block 10 on Page 1 of the RFP. The electronic files must be compatible with MS Office 2003 and Adobe 8.0. (End of Provision) E.2 Past Performance Evaluation Past performance information will be evaluated in the following manner: E.2.1 Each Offeror shall be evaluated on its past performance under current and prior contracts. By past performance, the Government means the Offeror's record of conforming to specifications and to standards of good workmanship; the Contractor's record of forecasting and controlling costs; the Offeror's adherence to contract schedules and terms, including the administrative aspects of performance; the Offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror's business like concern for the interest of the customer and the degree of quality of deliverables and performance. E.2.2 Past performance will not be scored, but the Government's conclusions about overall quality of the Offeror's past performance will be highly influential in determining the relative merits of the Offeror's proposal and in selecting the Offeror whose proposal is considered the most advantageous/best value to the Government. E.2.3 The Government will focus on information that demonstrates quality of performance for similar services relative to the size and complexity of the procurement under consideration. E.2.4 The Government will evaluate the quality of the Offeror's past performance based on collaborated past performance evaluations included in the Offeror's proposal and/or other information obtained from references provided by the Offeror, as well as other relevant past performance information obtained from other sources known to the Government. The Government may or may not survey all contracts listed by the Offeror, and reserves the right to perform customer surveys only for those contracts deemed by the Government to be most relevant to this procurement. The information provided by the Offeror in accordance with provision "E.10 Submission of Past Performance Information" will be used by the Government to gather required past performance evaluations. E.2.5 Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. E.2.6 The assessment of the Offeror's past performance will be used as a means of evaluating the relative capability of the Offeror and the other competitors. Thus, an Offeror with an exceptional record of relevant past performance may receive a more favorable evaluation than another whose record is acceptable and/or less relevant, even though both may have acceptable technical and business proposals. E.2.7 An Offeror without a record of past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably. E.2.8 Information provided by Offerors, as requested under Section L herein, relating to problems encountered on the identified contracts and the Offeror's corrective actions will be considered when unfavorable reports of past performance are received. If award will be made without conducting discussions, Offerors may be given the opportunity to clarify certain aspects of past performance information (e.g. relevance of an Offeror's past performance information and averse past performance which the Offeror has not previously had an opportunity to respond). Communications may be held with Offerors to obtain additional information regarding adverse past performance when required for making a competitive range determination. If discussions are held, Offerors will be given an opportunity to address unfavorable reports of past performance. Recent contracts will be examined to ensure that corrective measures have been implemented. E.2.9 Past performance will be evaluated for only those Offerors remaining in the competitive range after completion of the review of the business proposals and technical proposals. E.2.10 Evaluation of past performance information will be reflected in terms of the following degrees of performance assessment: E.2.10.1 Excellent: A significant majority of the sources of information are consistently firm in stating that the Offeror's performance was superior and that they would unhesitatingly do business with the Offeror again. Complaints are negligible or unfounded. The Offeror has no record of criminal conduct, civil fraud, or negligence, or the record is old and the Offeror has demonstrated by more recent performance that corrective action has made the likelihood of such conduct in the future highly improbably. No doubt exists that the Offeror will successfully perform the Government's requirements as stated in the RFP. E.2.10.2 Good: Most sources of information state that the Offeror's performance was good, better than average, etc., and that they would willingly do business with the Offeror again. Complaints, though perhaps well-founded, are few and relatively minor. The Offeror has no record of criminal conduct, civil fraud, or negligence, or the record is old and the Offeror has demonstrated by more recent performance that corrective action has made the likelihood of such conduct in the future highly improbable. Little doubt exists that the Offeror will successfully perform the Government's requirements as stated in the RFP. E.2.10.3 Neutral: Either no past performance history exists for the corporation, predecessor companies, key personnel, or major/critical subcontractors, or the Offeror's record of past performance was neither predominantly favorable nor unfavorable. In the latter case, sources of information are roughly divided over the quality of the Offeror's performance. While some state that they would do business with the Offeror again, others are doubtful or would not. Complaints are balanced by reports of good work. The Offeror has no record of criminal conduct, civil fraud, or negligence, or the record is old. E.2.10.4 Marginal: Many sources of information made unfavorable reports about the Offeror's performance and either express serious doubts about doing business with the Offeror again or state that they would refuse to do so. However, there are some favorable reports, and some sources of information indicate that they would do business with the Offeror again. There are many significant, serious, and well-founded complaints, but there are some reports of very good performance. The Offeror may have been indicted, pled guilty, or may have been found guilty in matters of criminal conduct, but the issues are either unresolved, relatively minor, or do not reflect a company-wide or managerial pattern of wrongdoing. The Offeror may have lost civil suits for fraud or negligence, but there is no company-wide or managerial pattern of fraudulent, negligent, or criminal conduct. Some doubt exists that the Offeror will successfully perform the Government's requirements as stated in the RFP. E.2.10.5 Poor: A significant majority of sources of information are consistently firm in stating that the Offeror's performance was entirely unsatisfactory and that they would not do business with the Offeror again under any circumstances. Customer complaints are substantial or numerous and are well founded. Or, although not debarred or suspended, the Offeror is under indictment or has been convicted of criminal conduct, or has been found civilly liable for fraud or negligence. The Offeror either has presented no persuasive evidence of having taken appropriate corrective action that will guard against such conduct in the foreseeable future, or it appears unlikely that the corrective action will be effective. Serious doubt exists that the Offeror will successfully perform the Government requirements as stated in the RFP. (End of Provision) E.3 Evaluation of Business Proposal E.3.1 The Government will evaluate the Offeror's proposed prices to include all lines including optional line items to determine price reasonableness for proposed work. E.3.2 Optional Lines. The Government will evaluate Offerors for award purposes by adding the total price for all options to the total price for the basic requirement. 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). E.3.3 The Contracting Officer shall assume, for the purpose of making multiple awards, that $500 would be the administrative cost to the Government for issuing and administrating each contract awarded under this solicitation. Individual awards shall be for the items or combination of items that result in the lowest aggregate cost to the Government, including the assumed administration costs. E.3.4 A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the Offeror's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
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65 -- Medical and Pharmaceutical Supplies - Package #1