Atch No. 1 Terms & Conditions.docx

FRESH MILK & DAIRY AND UHT MILK EUROPEAN AOR

ATTACHMENT NO. 1

TERMS & CONDITIONS (SCOPE)

I. INTRODUCTION

1. The Vendor shall furnish supplies and/or services, as outlined in this Solicitation, if and when requested by the Government. DLA Troop Support Europe and Africa intends to enter into one (1) Indefinite Delivery/Indefinite Quantity Blanket Purchase Agreement to supply Fresh Milk & Dairy Products & UHT Milk to Department of Defense (DoD) Customers located in the European Union, Norway, Kosovo, Macedonia, Montenegro, Switzerland, Turkey and Ukraine in accordance with the Commercial Item Description for Drinking Milk and Milk Products, dated 01 Mar 2018 (Atch No. 2 Commercial Item Description for Drinking Milk and Milk Products_01 Mar 18 to this RFQ). Payments to awardee are to be made in EURO.

This Request for Quotation consists of two (2) zones covering Department of Defense (DoD) customers and other authorized customers in EU Countries, European non-EU Countries & Turkey.

Blanket Purchase Agreement will be effective at the date of award and will expire 365 days after award.

Termination can be requested in writing with a notice of 30 days in advance by either party.

B. Zone 2 – Land-based DoD Customers – Southern Europe

The following EU Countries are included:

Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Romania, and Bulgaria.

The following non-EU Countries are included:

Macedonia, Kosovo and Montenegro The following Eurasian Country is included:

Turkey The specific list of current customers can be found in Attachment 3a - Zone 2 Europe South Delivery Locations

Zone 3 – Navy Vessels in European Waters

Mediterranean Sea and Black Sea.

The list of specific ports in the respective countries can be found in Attachment 3b - Zone 3 Navy Vessels Delivery Locations

1. Prices:

(1) Prices shall be FOB Destination only and shall be firm for a twelve (12) months period.

(2) In order to accommodate the Government’s ordering system, the Subsistence Total Order and Receipt Electronic System (STORES) unit prices are limited to maximum of two (2) places after the decimal point.

II. REQUIREMENTS

Electronic Invoicing by Suppliers via Electronic Commerce/Electronic Data Interchange:

All suppliers are required to process invoices electronically. An electronic invoicing system expedites payments by providing a real time system for invoice processing. In an effort to ensure that your firm is paid promptly for products that you supply, the Government wants to utilize the best business practices available. The business practices of today reflect increased utilization of Electronic Commerce/Electronic Data Interchange providing more timely and cost effective ways of information exchange. DLA Troop Support Europe & Africa, Local Market Ready is migrating towards greater use of electronic mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone and Enterprise Business System (EBS) initiative. EBS conforms to a strict adherence of detailed line item payments in concert with the order. The manual paperwork will no longer be an acceptable way to invoice. Invoices need to be submitted for payment promptly after delivery. Our intention is to provide you a quick and easy way to submit your invoices for payment and to help ensure prompt and accurate payments. Efforts have been underway for some time to bring a resolution for you to be able to accomplish Electronic Data Interchange with the invoices. Alternatives available are:

1. If your company is able to exchange information electronically through ANSI X12 format, we could set your company up as an EDI vendor immediately, being able to receive orders and send invoices electronically.

2. There are companies available who for a fee will turn your flat files into EDI Invoices (810transactions)

3. The STORES/EBS Reconciliation (Recon) Tool web application is used to submit your invoices electronically. This system can be found on the DLA Troop Support web page for subsistence, https://www.stores.dla.mil/stores_web/default.aspx. You will be issued a User ID and Password, after properly registering for this site. This application will allow you to see receipts/orders on the website from customers, for your contracts only. You can review the receipt/order and, if in agreement, you will simply type in an invoice number to submit your invoice to Defense Finance and Accounting Services (DFAS). This receipt information is available at this website for 8 weeks. The system will be updated daily from the receipt files. Invoices submitted using this web site will generate an EDI invoice to flow through the paying process at DFAS. If you need additional information on electronic or alternate electronic invoice processing contact your DLA Troop Support Europe & Africa Contract Specialist for further information. DLA Troop Support Europe & Africa Contract Specialist will assist your company in training the respective personnel using this system, if necessary.

ONE OF THE ABOVE METHODS MUST BE USED AS PAPER INVOICES ARE NO LONGER AN ACCEPTABLE OPTION.

III. CATALOGS

A. PRICING

Schedule of Items Pricing: The final proposed price for each item in the Schedule of Items will be the catalog price during the period of the resulting Blanket Purchase Agreement.

Attachment No. 4a - Zone 2 - Europe South Land-based Schedule of Items & Prices

Attachment No. 4b - Zone 3 - Navy Vessels Schedule of Items & Prices

B. VENDOR’S INVOICING PROCEDURES

Each invoice and delivery ticket shall indicate the STORES CATALOG NUMBER as well as the PIID Number as indicated on each order per catalog.

IV. CUSTOMERS

1. Additional Customers: The Government reserves the right to unilaterally add authorized DLA customers who are within the geographic regions/zones covered by the contract resulting from this solicitation, to the contract at no additional cost to the Government. The contract pricing for additional customers will be the same as the prices paid by existing customers. The Contracting Officer, in his or her complete discretion, will decide whether a new customer is within the regions/zones covered by this solicitation/contract. The contractor shall put all new customers, who are added to the contract by the Contracting Officer under the same catalog as the existing customers at the same FOB unit prices in effect for the applicable contract’ s region/zone.

(1) Zone 2 includes all DoD land-based customers Europe South located in the countries of Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Romania, and Bulgaria. The following non-EU Countries are included: Macedonia, Kosovo and Montenegro. The following Eurasian Country is included: Turkey. Any new countries or republics that may be created out of the areas listed above over the life of this contract are also required to be serviced. The specific list of current and potential customers is found in Attachment No. 3a.

(2) Zone 3 includes all Navy Vessels in European Waters - North Atlantic Ocean, Norwegian Sea, North Sea, Baltic Sea, English Channel, Bay of Biscay, Mediterranean Sea and Black Sea. The specific list of seaports in the respective countries can be found in Attachment No. 3b.

B. Adding Customers outside the resulting Contract’s Geographic Distribution Regions/Zones.

(1) This provision applies to the following customers:

(a) A new DoD, non-DoD, or other DLA customer that is not within the resulting contract’s geographic distribution region/zone and for which the contractor will not accept the customer(s) at the effective contract price.

(b) A customer(s) located in an area that may be considered adjacent or proximal to the geographic distribution region/zone covered by more than one contractor.

(3) The customers described in paragraph B.(1) above, their requirements for Fresh Milk & Dairy Products and UHT may be added to any contract resulting from this solicitation as follows:

(a) In the judgement of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or proximal to the geographic region/zone of resulting Blanket Purchase Agreements. In a circumstance where the customer is located in an area that is adjacent or proximal to numerous different existing contractual documents, the decision of which contractual document is most satisfactory to the Government for purposes of adding the customer(s) will be within the sole discretion of the Contracting Officer, taking into consideration numerous factors, including but not limited to those contained in this provision. Further, to that end, it is the Contracting Officer’s sole decision as to which existing contractors available in the aforementioned region/zone(s) will be solicited for the support of the customer(s).

(b) Complete price proposals to support the subject new customer(s) will be requested by the Contracting Officer. Prior to any customer being added to the resulting Blanket Purchase Agreement, the Contracting Officer shall determine all proposed prices to be fair and reasonable. To this end, negotiations may be required in which the same processes and procedures contained within the instant request for quotation may be employed.

C. Removing Customers: The Government reserves the right to unilaterally remove existing customers from the contract at no additional costs to the Government.

V. CUSTOMER SERVICE

1. DOD customers have periodic food menu board and other types of meetings which the vendor may be required to attend. At these meetings, the customers not only review their internal business practices, but the offeror can utilize this forum to show new products and provide nutritional information. The email addresses of the respective awardee’s representatives, or any other method of communicating, shall be furnished to the customers after award.

1. Vendor shall provide at least one (1) full time Customer Service representative to maintain continuous contact with all of the ordering activities. The Customer Service representative may be required to attend periodically the food menu board meetings. The name of the representative and the phone number, mobile phone number, email address, or any other method of communicating with the representative, shall be furnished to the customer after award.

1. Since many of our customers only have access to the Government phone network, it is strongly preferred that a toll free number be provided.

VI. ORDER PLACEMENT/MINIMUM ORDER VALUE

1. STORES Ordering: Ordering under this contract shall be accomplished through the STORES and all orders need to be placed on Monday through Friday before 12:00 hours Central European Time (C.E.T.). Orders placed after 12:00 hours C.E.T shall count as orders placed on the next day. Orders may be placed on Fridays after 12:00 C.E.T., or anytime on Saturdays and Sundays but such orders will be considered as orders placed on Mondays.

1. Minimum Order Lead time (calendar days):

Zone 2 – Land based Customers Southern Europe

Zone 3 – Navy Vessels in European Waters

*Note: Minimum Order Value will be incorporated prior to award.

VII. ITEM AVAILABILITY

Vendors must have access to items in sufficient quantities to fill all ordering activity requirements. All supplies shall be furnished on a “fill or kill” basis. Partial shipments are acceptable if the customer and the Contracting Officer are notified in advance and agree to the partial shipments.

VIII. PACKAGING, PACKING, LABELING AND MARKINGS

a. PACKAGING

(1) Packaging shall be in accordance with commercial standard practices and shall conform to those products the contractor offers for sale in European outlets.

(2) Shipping containers made of fiberboard or plastic shall be in such condition to protect the products against damage and deterioration. Vans will meet all carrier requirements to ensure safe and sanitary arrival at destination.

(3) The Contractor shall furnish replacement or credit (whichever is requested by the Contracting Officer) for damaged items.

(4) Individual sales unit (pkgs) shall be marked with information required by paragraph b. below.

b. MARKINGS:

(1) Individual sales unit (pkgs) shall indicate the following:

(a) Item nomenclature

(b) Package content

(c) Sell by date or Product Expiration date

(d) Production Plant Code

(2) All markings shall be clear, legible, nonfading and durable.

(3) To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary marking such as “KEEP REFRIGERATED” shall be used on all cases when appropriate to individual items.

(4) For supplies which are improperly marked, coded, or packaged, the Contracting Officer shall have the option to reject such supplies under the provision of the inspection clause of this contract.

(1) Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.

IX. INSPECTION AND ACCEPTANCE:

A. Inspection and Acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. Failure to identify latent defects or similar issues at time of acceptance will not absolve the Contract of its liability or preclude the customer from obtaining appropriate remedy upon the timely discovery of said defects or issues after-the-fact. In this circumstance, the customer shall notify the Customers Representative who will coordinate with the Contracting Officer in seeking appropriate resolution.

B. It is a requirement of this solicitation that products shall be inspected within 24 hours after receipt. However, failure to promptly inspect or accept supplies shall not relieve the Contractor from responsibility, nor impose liability on any of the customers, for nonconforming supplies. See clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph (o).

C. The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to be noted on the delivery ticket by the Government receiving official and truck driver. The authorized Government receiving official’s signature and printed name on the delivery ticket is required for acceptance of the product. All signatures and printed names MUST be legible. Failure to adhere to this requirement may severely limit the Contracting Officer’s ability to resolve disputes and may lead to the Contracting Officer finding against the Contractor.

D. The Contractor shall forward three (3) copies of the delivery ticket with the shipment. The Government receiving official will use the delivery ticket as the receipt document. Two (2) copies of the signed and annotated delivery ticket will serve as the acceptance document. No electronic invoice may be submitted for payment until acceptance is verified. Additionally, upon completing the delivery (or deliveries) and before the carrier leaves the installation, copies of the invoices may be required to be delivered to a central “Accounting/Troop Issue” activity on the installation.

X. RETURNS/REJECTIONS/LATE SHIPMENTS

The Contractor/vendor shall accept returns under the following conditions:

1. Products shipped in error;

1. Products damaged in shipment;

1. Products with concealed or latent damage;

1. Products that are recalled;

1. Products that do not meet shelf life requirements;

1. Products delivered in unsanitary delivery vehicles;

1. Products delivered that fail to meet the minimum/maximum specified temperature;

1. Quantity excess as a result of order input error and/or purchase ratio factor error;

1. Products that are not from a sanitarily approved source.

1. Any other condition not specified above that is deemed by the customer to be valid reasons for return.

Authorized representatives of the Contracting Officer will be responsible for inspections, acceptance, and rejection of quantities delivered under this contract.

Rejection will occur for the following reasons:

All or part of the delivery will be rejected depending on whether the nonconformance is critical. The authorized representative of the Contracting Officer will determine whether the nonconformance is critical.

A price adjustment (PA) will be taken by the Contracting Officer, as consideration, for any or all minor nonconforming products. A determination will be made at point of delivery by the Contracting Officer as to rejection or acceptance with a price adjustment.

XI. DELIVERY INSTRUCTIONS

1. Vendors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. All trucks shall maintain proper temperatures, as determined through standard commercial practices. Deliveries shall be F.O.B. Destination to all ordering activities and delivery points. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The Contractor shall deliver all products on one-way pallets only. A listing of all the delivery points can be found at Attachment 3a - Zone 2 Europe South Delivery Locations and Attachment 3b - Zone 3 Navy Vessels Delivery Locations .

1. Customers’ delivery schedules (days and times), routes, and stop-off sequence will be coordinated and verified with the customers on a post award basis by the awardee. The current delivery schedules and number of deliveries are included in Attachment 3a - Zone 2 Europe South Delivery Locations.

1. Products for individual customer/dining facility must be segregated on separate pallets. Many of the military bases have more than one delivery point. All products shall be segregated by individual ordering locations and loaded into the delivery vehicle in reverse drop sequence. The intent is to provide expeditious off-loading and delivery to the customer.

1. The contractor shall also ensure that the personnel loading and delivering the product provide professional, prompt and efficient service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the contractor.

1. The supplier agrees that on regular working days trucks shall arrive at destination not before 0700 hours and not later than 1430 hours unless by prior agreement with local representatives. Government personnel can reject, at the installation gate, shipments for which drivers have inadequate identification to gain access. Government personnel will “sign-in” vehicles at the installation gate. NOTE: ONLY FOR LANDBASED CUSTOMERS

1. Regular working days are defined as all days EXCEPT Saturdays, Sundays and US Federal Holidays, and days which have been declared to be Holidays by law in effect in the country where the deliveries are made. Holiday Delivery schedules or any event that will affect normal weekly deliveries shall be provided to DLA Troop Support Europe & Africa 30 days prior to the actual holiday or event.

When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless otherwise agreed to by the customer. Vendors must give at least one (1) month notice of all approaching holidays (Local and US) to coordinate deliveries and accommodate customers. Spaces for Local Holidays, which may be observed, have been added below and the vendor shall fill them in before an award is made.

Note: US Federal Holidays: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday.

NOTE: CUSTOMS CLEARANCE PROCEDURES FOR U.S. SUBSISTENCE IN THE EUROPEAN UNION

(a) Contractor will obtain from the appropriate customs clearance officer an Import/Export Declaration (AE Form 302-1). The customs clearance document will be utilized for goods which are the property of, or destined to be the property of the US Armed Forces for every shipment to the US Government in Europe which enters, leaves, or transits Benelux, Denmark, France, Italy, Spain, Balkan Countries, Macedonia, Turkey and German irrespective of the mode of transportation and point of delivery. The AE Form 302-1 will be processed and distributed as follows:

It consists of 1 original and 5 copies, numbered 1 through 6. Contractor will receive from the issuing customs clearance officer of the appropriate Defense Subsistence Office, copies No. 1, 2, 3, 5, and 6 plus insert copies of AE Form 302-A as required. Copy No. 4 is retained by the issuing customs clearance officer. The contractor is required to complete columns a, b, and d of all copies when exact quantities are known. When completed, copy No. 6 will be returned to the issuing customs clearance officer. The contractor will use copies No. 1, 2, 3, 5 and insert copies to move supplies across applicable border crossings as follows:

Copy No. 1 will be used at border point of exit. Insert copies (AE Form 320-A) will be used to transit multiple countries. One copy will be presented at border entry point and one copy at border exit point. Additional copies may be required for consignees in some countries.

Copy No. 1, 2, and 3 will be presented to the customs office at the border entry point of the consignees country for processing. Copy No. 3 will be retained at the border. Copies No. 1 and 2 will be returned to the transporter to be delivered to the consignee with the cargo.

(b) The transporter will surrender all copies of customs documents to the consignee upon delivery. Upon receipt and acceptance of the cargo the consignee will complete the certificate of receipt on copies No. 1 and 2. The consignee will return Copy No. 1 to the issuing customs clearance officer. Copy No. 2 will be returned to the border entry point to close customs files and release appropriate commercial documents. The transporter may request the completed No. 2 copy to hand carry back to the border entry point. This procedure is at the discretion of the consignee since it remains the consignee’s responsibility to return the No. 2 copy to the border entry point.

(c) When cargo is rejected the consignee will annotate the rejection on copies no. 1 and 2. The transporter will be given a copy (photocopy) of the AE Form 302-1 with rejections annotated and will be instructed to present that copy to customs when returning with the rejected product. Rejected product entering a country through customs on AE Form 302-1 may not be disposed of without proper customs authorization.

XII. RECALL PROCEDURES REQUIREMENTS

In the event that a product recall is initiated by the vendor, supplier or manufacturer, the vendor should follow the procedures as outlined below:

(1) Immediately notify the following personnel:

a. Customers that have received the recall product

b. DLA Troop Support Europe and Africa Contracting Officer

c. DLA Troop Support Europe and Africa Account Manager

d. DLA Troop Support E & A Food Safety and Quality Assurance

(2) Provide the following information to the DLA Troop Support Europe & Africa Food Safety and Quality Assurance Officer:

(a) Reason for recall

(b) Level of recall, i.e., Class I, II or III

i. Class I: Dangerous or defective products that predictably could cause serious health problems or death. Examples include: food found to contain botulinum toxin, food with undeclared allergens, a label mix-up on a lifesaving drug, or a defective artificial heart valve.

ii. Class II: Products that might cause a temporary health problem, or pose only a slight threat of a serious nature. Example: a drug that is under-strength but that is not used to treat life-threatening situations.

iii. Class III: Products that are unlikely to cause any adverse health reaction, but that violate FDA labeling or manufacturing laws. Examples include: a minor container defect and lack of English labeling in a retail food.

(c) Description of product

(d) Amount of product

(e) List of customers that have received product

(f) Name and phone number of responsible person (Recall Coordinator)

(3) The vendor should provide a Final Status Report of Recall, when completed, to the DLA Troop Support Europe and Africa Food Safety and Quality Assurance Officer.

(4) At the discretion of the affected customers, the vendor shall either replace at no additional cost or adjust the invoice quantity for any recalled product. Delivery of replacement product shall occur at the discretion of the customer.

XIII. FORCE PROTECTION PROCEDURES / FOOD DEFENSE

As the holder of a contract with the Department of Defense, the contractor should be aware of the vital role they play in supporting our customers. It is incumbent upon the contractor to take all necessary actions to secure product delivered to all Military customers as well as any applicable commercial destinations. We strongly recommend all firms to review their force protection/food defense plans relating to plant security and security of product in light of the heightened threat of terrorism and secure product from intentional adulteration/contamination.

a. Quality Control

DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items.

The contractor must ensure that products and/or packaging have not been tampered with or contaminated throughout the manufacturing, storage, and delivery process. The contractor must immediately inform DLA Troop Support of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. Quality control procedures must be heightened to ensure that product entering your facility is safe for public consumption. The following security guidance is provided:

Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. Visitors should also be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at their facilities and consider whether fencing and locking devices are adequate. Never leave open trucks unattended.

b. Seals

A numbered seal which is logged and signature confirmed is required at each base delivery address. A seal is not required for each delivery point within the base. The seal will be removed at the first stop. The seal number will be confirmed at the first stop with a signature and date. A lock on the trailer is required between delivery points within a base location.

c. Security Locks

Security Locks shall be properly placed on delivery vehicles. In order to maintain the product safety, the driver must take precautions ensuring that a third person does not have access to the goods while unloading and loading. During transportation the truck/trailer must be securely locked at all times, only the driver should have access. In the event the truck/trailer is delivering to commercial entities, the truck/trailer shall be secured with a seal prior to entering US installations. The seal needs to be registered. Prior to departing the US Installation, the truck/trailer needs to be sealed again and the new seal needs to be registered.

d. Background Checks

Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Firms should keep a low Profile and share customer routes, etc. on a need to know basis. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering must be reported immediately.

XIV. US MILITARY INSTALLATION SUPPORT

A. Management:

The contractor shall ensure that all contractor employees, subcontractors, subcontractor’s employees, invitees and agents comply with all guidance, instructions and general orders applicable to U.S. Armed Forces issued by the Theater Commander or his/her representative, as well as, all pertinent Department of the Army and Department of Defense directives, policies and procedures, as well as federal statutes, judicial interpretations and international agreements (i.e., Status of Forces Agreements, Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety. Disputes will be resolved by the Contracting Officer.

The contractor shall take reasonable steps to ensure the good conduct of its employees and shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees.

The contractor shall promptly resolve, to the satisfaction of the contracting officer, all contractor employees performance, and conduct problems identified by the cognizant contracting officer or his/her designated representative.

The contracting officer may direct the contractor, at the contractor’s expense, to remove or replace any contractor employee failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative. The contractor will replace such employee within 72 hours or as may be directed by the Contracting Officer.

B. Accounting for Personnel:

During contract performance the Contracting Officer or his/her representative may direct the contractor to report its employees in the area of operations by name and by location. This applies also for entering and leaving the area of operations.

C. Vehicle and Equipment Operation:

The contractor shall ensure that employees possess the required civilian licenses to operate the equipment necessary to perform the contract in the theater of operations in accordance with the statement of work.

The contractor and its employees may be held jointly and separately liable for all damages resulting from the unsafe or negligent operation of equipment.

D. Passports, Visas and Customs:

At the contractor employee’s and/or contractor’s expense, the contractor employees shall obtain all passports, visas or other documents necessary to enter and/or exit any area(s) identified by the contracting officer.

E. Status of Forces Agreement:

The contractor shall adhere to all relevant provisions of the applicable Status of Forces Agreements (SOFA) and other similar related agreements.

F. Risk Assessment and Mitigation

The contractor will brief its employees regarding the potential danger, stress, physical hardship and field living conditions of performing under this contract.

The contractor will conduct physical and medical evaluations of all its employees at their own expense to ensure they are capable of enduring the rigors of performance under this contract. The contractor will designate a point of contact for all of its plans and operations. The contractor will prepare plans for support as required by the contract or as directed by the Contracting Officer. For badging and access purposes, the contractor will provide a list of suitable or qualified subcontractors including local vendors in an area of operations.

G. Tour of Duty / Hours of Work:

The contractor shall comply with all duty hours and tours of duty identified by the contracting officer or his/her designated representative. The contracting officer, or his/her designated representative, may modify the work schedule to ensure the government’s ability to continue to execute its mission.

XV. BLANKET PURCHASE AGREEMENT ADMINISTRATION INFORMATION

A. CONTRACTING AUTHORITY

The DLA Troop Support Europe and Africa Contracting Officer is the only person authorized to approve changes, or modify any requirement of the Blanket Purchase Agreement. Notwithstanding any provisions contained elsewhere in the BPAs, said authority remains solely with the DLA Troop Support Europe and Africa Contracting Officer.

0. In the event the vendor effects any change at the direction of any person other than the DLA Troop Support Europe and Africa Contracting Officer, the change will be considered to have been made without authority and any additional costs incurred by the Agency due to an unauthorized change will be reimbursed by the contractor. The Contracting Officer must authorize any modification or costs associated with a change.

0. Requests for information on matters related to the resultant Blanket Purchase Agreement, such as an explanation of terms or agreement interpretation, shall be submitted to the DLA Troop Support Europe and Africa Contracting Officer.

B. PAYMENTS

Defense Finance & Accounting Services Columbus Center is the payment office for this acquisition.

0. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (i) of Clause 52.212-4 “Contract Terms and Conditions - Commercial Items” that is incorporated by reference into this solicitation.

1. Payment will be made in ten (30) days after the receipt of a proper invoice, however, is still subject to the terms and conditions of the Prompt Payment Act (31. U.S.C. 3903). All electronic invoices must be submitted with accurate, sufficient, clean data before any payment can be made.

1. Vendor is responsible to make arrangements with their financial institution to obtain data, if information by the vendor is required. DFAS Columbus will no longer forward a detailed summary of payment(s); this information will only be available from your bank.

1. The Government intends to make payments under the resultant Blanket Purchase Agreements by electronic funds transfer (EFT) based on the information contained in the System for Award Management (SAM) Registration. Reference Clause 52.232-33, “Payment by Electronic Funds Transfer- System for

1. Award Management” is incorporated by reference. However, the election as to whether to make

1. payment by check or electronic funds transfer is at the option of the Government.

C. ADMINISTRATION

1. The DLA Troop Support Europe and Africa Subsistence Contracting (Europe) Branch will perform administration of the Blanket Purchase Agreements.

1. A designated representative at the ordering activity will perform administration of the individual delivery order.

1. The DLA Troop Support Europe and Africa Contracting Officer must approve any changes to the resultant contract and delivery orders against the resultant contract.

1. DISPOSAL OF PRODUCTS INVOICING

The costs for disposal shall be separately billed by the Vendor via a manual invoice. Each manual invoice, submitted by the Vendor, must reflect the number of cases disposed of. Each manual invoice must be verified and signed by the Contracting Officer before it can be submitted electronically for payment. Detailed support documentation must be submitted with each manual invoice. The approved invoice amount will be placed on order via Subsistence Total Ordering and Receipt System (“STORES”) using local stock numbers designated for itemized billing/costs, receipted, invoiced, billed, and paid.