SPE302-26-R-0002 ALASKA FRESH BREAD AND BAKERY – STATEMENT OF WORK

Pa ge

CACBLOCK 8 (Continued):

OFFER DUE DATE/ LOCAL TIME: March 19, 2026, at 08:00 AM HAWAII STANDARD TIME

BLOCK 9 (Continued):

Email is the required method for submitting initial proposals. Please send your e-mailed submissions to:

Mona David; maramona.david@dla. mil and Allison Higashi; allison.higashi@dla.mil

This requirement is being solicited using: FAR 13. Simplified Acquisition Procedures.

NOTES:

INITIAL OFFERS:

(1) The proposal must be signed and completed in its entirety in accordance with the solicitation requirements (See XIII. PROPOSAL SUBMISSION INFORMATION)

(2) Offerors are accountable for ensuring that proposals, as well as any revisions or modifications, are submitted in a timely manner to reach the Government office by: March 19, 2026, at 08:00 AM HAWAII

STANDARD TIME

(3) Facsimile offers are NOT authorized for this solicitation.

(4) Offerors submitting proposals via email should be aware of certain limitations within the DLA Troop Support Indo-Pacific systems regarding email size and transmission. Therefore, proposals must be prepared accordingly to comply with these restrictions. Individual email attachments should not exceed 5MB in size, and each email should not surpass 10MB (multiple email submissions may be necessary). To facilitate the organization of multiple email submissions, each email should be clearly labeled with a number (e.g., 1 of 8). Upon transmitting an email submission, offerors are encouraged to confirm receipt of all emails with the intended recipients. It remains the offeror's responsibility to ensure that the entire proposal is received by the Government office by the specified date and time, allowing ample time for confirmation of receipt.

DISCUSSIONS/NEGOTIATIONS: As directed by the Contracting Officer, e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal Revision(s).

mailto:maramona.david@dla mailto:allison.higashi@dla.mil

BLOCK 17A. (Continued):

OFFERORS: SPECIFY

CAGE CODE: __________________________

EMAIL ADDRESS________________________

COMPANY POC: ________________________

PHONE #: _____________________________

BLOCK 17B. (Continued):

Remittance will be made to the address that the Contractor has listed in the System for Award Management Database. (www.sam.gov). Offeror's assigned Unique Entity ID: __________________________

(If you do not have a Unique Entity ID, contact the individual identified in Block 7a of SF 1449 or see 52.212- 1, Instructions to Offerors - Commercial Items for information on contacting www.sam.gov to obtain one.)

BLOCKS 19-24 (Continued):

SEE SCHEDULE OF ITEMS (ATTACHMENT 1)

AUTHORIZED NEGOTIATORS:

The offeror represents that the following individuals are authorized to negotiate on their behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

CAUTION NOTICE

The awardee will be required to have a computer system capable of accepting delivery orders and processing Electronic Data Interchange (EDI) transactions. This contract will require the contractor to have electronic commerce/electronic data interchange EC/EDI capabilities.

All contractors who choose to conduct business with the Department of Defense must now be registered in the System of Award Management (SAM) database. In addition, we encourage all Contractors who receive contract awards as a result of this solicitation to access the “Dynamic Small Business Search” feature of SAM to identify potential suppliers and teaming partners for this initiative. You may go to the System of Award Management at www.sam.gov and click on the “Dynamic Small Business Search” button. When making your procurement decisions we encourage one’s consideration of local business as a means to nurture small business and local economies.

All contractors who receive awards as a result of this initiative are encouraged to utilize the SBA SUBNet database to assist them in further identifying additional small business sources of supply. Contractors may post notices of sources sought for teaming partners and subcontractors on future contracts. Small business can review this web site to identify opportunities in their area of expertise. You may access the SBA PRONet database through the SBA Website at www.sba.gov.

Included in your proposal submission, offerors are required to substantiate Product/Product Prices for all items in the Schedule of Items, with invoices / quotes for all groups offered when requested.

CONTRACTOR CODE OF BUSINESS ETHICS (Nov 2021)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C.

3729-3733).

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733).

When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

RAPID GATE, DEFENSE BIOMETERIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or

OTHER SECURITY PROGRAMS

Many bases may require enrollment in a particular system for base security such as RapidGate, the Defense Biometric Identification System (DBIDS), or other similar system(s). Such systems manage access to Department of Defense (DoD) installations and will not allow entry without clearance. During the contract start-up/ implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate, DBIDS, or another security program is required for access to each location. If RapidGate, DBIDS, or other security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have clearance may result in a Contractor being turned away from the base and being unable to complete delivery. The Contractor is responsible for any costs associated with RapidGate, DBIDS, and/or other security program enrollment and must ensure that a properly enrolled driver is available for all deliveries. We currently estimate that RapidGate or DBIDS enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate, DBIDS or other security enrollment may vary, so the Contractor should contact the specific security system contractor to determine its own costs. If more than one driver is required, enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the start-up/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required.

For additional information on current base security systems including RAPIDGate and DBIDS, including enrollment instructions, please visit their websites at https://www.fortiorsolutions.com/products/rapidgate/ and http://dbids.dmdc.mil/.

Table of Contents

I. INTRODUCTION

EFFECTIVE PERIOD OF CONTRACT / TIERS

II. ESTIMATED VALUE/GUARANTEED MINIMUM/MAXIMUM QUANTITY

III. ELECTRONIC CATALOG, PRODUCT SOURCING AND PRICING – ACTUAL MATERIAL COSTS

FOR SUBSISTENCE

ELECTRONIC ORDERING CATALOGS

CATALOG MAINTENANCE:

i. New Items:

ii. Catalog Pricing:

iii. Catalog Additions:

iv. Pricing Requirements:

v. Price Audit

vii. Final invoice

viii. Disputes

ADDITION OF NEW CUSTOMERS

ITEM AVAILABILITY

A. GENERAL CONDITIONS: TROOP AND INSTALLATION REQUIREMENTS ACROSS ALASKA MAY EXPERIENCE

UNEXPECTED SURGES AS A RESULT OF WARTIME MOBILIZATION, CONTINGENCY OPERATIONS, HUMANITARIAN

MISSIONS, CIVIL EMERGENCIES, NATURAL DISASTERS, SEVERE WEATHER EVENTS, TRANSPORTATION

DISRUPTIONS, OR OTHER UNFORESEEN CIRCUMSTANCES. DUE TO ALASKA’S UNIQUE OPERATING

ENVIRONMENT—INCLUDING REMOTE AND GEOGRAPHICALLY ISOLATED LOCATIONS, LIMITED ROAD ACCESS, RELIANCE ON AIR OR MARINE TRANSPORT, AND EXTREME WEATHER CONDITIONS—URGENT AND UNPLANNED

ORDERS MAY BE NECESSARY TO SUSTAIN OPERATIONAL READINESS AND ENSURE AN UNINTERRUPTED SUPPLY

OF BAKED GOODS, WHICH ARE CONSIDERED MISSION-CRITICAL ITEMS

VI. INVENTORY AND WAREHOUSE MANGEMENT

WAREHOUSE MANAGEMENT

NON-MANUFACTURER / NON-DISTRIBUTER

VII. PACKAGING, PACKING, LABELING, INSPECTION & ACCEPTANCE

PACKAGING, PACKING, AND LABELING

REPACKAGING AND SPLITTING OF CASES

DELIVERY INSTRUCTIONS

INSPECTION & ACCEPTANCE

VIII. MARKINGS AND PALLETIZATION

MARKINGS

IX. DELIVERY, TITLE, ORDERS, AND ORDER FILL RATES

CUSTOMER DELIVERIES

ORDERING SYSTEMS

ORDER PLACEMENT / CANCELLATION

ITEM AVAILABILITY

HOLIDAYS

FILL RATE/SUBSTITUTIONS/EXCEPTIONS

X. QUALITY CONTROL, QUALITY ASSURANCE, AND INSPECTIONS

PRODUCT QUALITY

A. ALL PRODUCTS DELIVERED UNDER THIS CONTRACT MUST CONFORM TO THE FOLLOWING FRESHNESS

REQUIREMENTS

PRODUCT SANITARILY APPROVED SOURCE REQUIREMENT

QUALITY PROGRAM

WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT PEST MANAGEMENT

c. Delivery Conveyances

d. Delivery Temperatures, Shipping and Storage Requirements

e. Recall Procedures Requirements

f. Rejection Procedures

g. Authorized Returns

h. Short Shipments and Shipping Errors

i. U.S. Army Medical Department Army Public Health Center Inspectors and Inspections

j. Military Inspection at Destination

XI. CONTRACT AUTHORITY, ADMINISTRATION, IN-PROCESS REVIEW, INVOICES, PAYMENTS

REPORTS, AND CONTRACTOR 832 CATALOGS

NON-COMPETE PROVISION

CUSTOMER SERVICE

INVOICING

PRICE AUDITS

CONTRACT ADMINISTRATION INFORMATION

XII. SECURITY MEASURES, FORCE PROTECTION, AND EMERGENCY ORDERS

ETHICS TRAINING

SECURITY MEASURES / FORCE PROTECTION

FOOD DEFENSE

XIII. PROPOSAL SUBMISSION INFORMATION

A. SCHEDULE OF ITEMS – PRICING

B. PRODUCT PRICES

I. THE OFFEROR IS REQUIRED TO SUBMIT PRICING ON ALL ITEMS WITHIN THE SCHEDULE OF ITEMS ONLY THE

FOLLOWING FIELDS MUST BE COMPLETED

INSTRUCTIONS FOR PROPOSAL SPREADSHEET– ATTACHMENT 1

FINANCIAL ARRANGEMENTS

CONTRACTOR 832 CATALOGS

INSTRUCTIONS TO OFFERORS

I. INTRODUCTION

This solicitation seeks offers for Fresh Bread and Bakery Items to support Troops and non- military and other customers in the vicinity of Alaska.

The Defense Logistics Agency-Troop Support Indo-Pacific (DPA-TS-IP intends to support the needs of its customers by entering into one (1) Indefinite Delivery Indefinite Quantity (IDIQ) contract to supply fresh Bread and Bakery Products for Troops and non-military customers in and in the vicinity of Anchorage, Alaska. The Contractor must be capable of supplying the demand for fresh pastry items.

The successful offeror(s) will need to undertake the responsibility of sourcing, purchasing, storing, and delivering a diverse range of bread/pastry items to DLA Troop Support Indo-Pacific customers on an on-going basis. This entails ensuring acceptable fill rates, maintaining high levels of customer service, and upholding product quality standards throughout the process. Hence, it is imperative for an offeror to have existing logistical and financial capabilities to operate effectively as a commercial distributor of various pastry items. Even if an offeror lacks a physical storefront, they must demonstrate the capacity to deliver within the specified time frame and promptly provide replacement items to customers when needed.

Offerors must note that being a third-party logistics (“3PL”) company, which intends to subcontract the majority of contract obligations including ordering, warehousing, and distribution, is deemed neither sufficient nor acceptable. By submitting an offer, the offeror attests to its status as a current and operational commercial distributor of pastry items, thereby affirming its capability to independently fulfill the contract requirements.

This procurement is being processed under the authority of FAR 13 Simplified Acquisition Procedures and will utilize simplified procedures for soliciting competition, evaluating offers, and awarding the contract. The resultant award will be an “Unrestricted” procurement using NAICS Code 311812, size standard 1000.

The Contractor will be tasked with providing support to all authorized DLA customers situated in the vicinity of Alaska. These customers encompass military shore and/or facilities, military training exercise locations.

It is important to note that while the solicitation outlines existing customers identified by the Contracting Officer at the time of issuance, additional customers, whether military, Department of Defense (DoD), or non-DOD—may be included as necessary throughout the duration of the resultant contract. The inclusion of such customers within the specified region outlined in the solicitation will not incur any additional costs for the Government. For further information, please refer to Attachment 2 – Customer List.

Effective Period of Contract / Tiers

The contract shall be for a term of sixty (60) months, containing a 12-month base performance period with 4 additional 12-month performance periods stated as tiers. Tiers are performance periods that are priced separately. The contract shall not exceed forty-eight (60) months.

Performance Period: 04/12/2026 - 04/11/2031 (5 years total)

Base – 04/12/2026 - 04/11/2027 (12-month period)

Tier 1 – 04/12/2027 - 04/11/2028 (12-month period)

Tier 2 - 04/12/2028 - 04/11/2029 (12-month period)

Tier 3 - 04/12/2029 - 04/11/2030 (12-month period)

Tier 4 - 04/12/2030 - 04/11/2031 (12-month period)

A. The offeror shall include in their proposal when a commercial warehouse will be available and fully functional.

B. Pricing for each tier is required. Proposals that do not contain pricing for each tier will be considered non-responsive and will not be considered for award.

C. Delivery – Items should be routinely delivered in accordance with a 48-hour (skip day) delivery.

The current delivery schedule for each location is set forth in the Schedule of Deliveries section.

II. ESTIMATED VALUE/GUARANTEED MINIMUM/MAXIMUM QUANTITY

This solicitation is for a five-year contract comprising a 12-month base performance period and three additional 12-month performance periods, referred to as tiers. The base period and each tier are expected to have its own pricing for the 12-month performance period. The estimated dollar value for the base period and each tier is $324,000.00. The term “estimate” refers to the Agency’s good faith estimate of the requirement for the specified period. The guaranteed minimum obligation is $4,300.00 for the entire contract duration. The guaranteed minimum may be ordered during any tier/performance period or combination of tier/performance periods. The Government may fulfill the guaranteed minimum quantity by issuing a single delivery order or any number of delivery orders. The maximum dollar value of the contract, representing the highest limit the government can obligate under the contract, is $324,000.00 over the five-year contract duration.

This solicitation encompasses multiple ordering facilities, as detailed in the Customer Deliveries section of the solicitation document and/or in Attachment 2 – Customer List. Ordering facilities within the region covered by this solicitation may be subject to addition and/or subtraction as circumstances dictate. It is important to note that any such adjustments will be made without incurring additional costs to the Government, as previously stipulated.

III. ELECTRONIC CATALOG, PRODUCT SOURCING AND PRICING – ACTUAL

MATERIAL COSTS FOR SUBSISTENCE

Electronic Ordering Catalogs

a. An offeror who receives an award must uphold the obligation to maintain electronic catalogs encompassing all items accessible to the customers specified in this solicitation. These catalogs will be hosted in STORES. Each catalog item must include pertinent details such as the corresponding national or local stock number (as applicable), Government item description, packaging characteristics, unit of issue, and unit price. Electronic STORES manuals are readily accessible for reference and guidance.

b. All Contract Unit Prices shall remain fixed and unchanged unless modified pursuant to this provision or any other applicable clause within the contract. Only the Product Price component of the Contract Unit Price is eligible for adjustment under this section.

c. Following the initial tier, if there are changes to the Contractor's Product Price for any or all Contract Unit Prices, the Contract Unit Price for the subsequent ordering period's catalog shall be adjusted upon approval by the Contracting Officer. The Contractor must submit a request for adjustment in accordance with the procedures outlined below. The Contract Unit Price shall be adjusted by the same dollar amount as the change in the Product Price, subject to specified limitations.

d. Any approved price adjustments shall take effect at the beginning of the subsequent contract tier.

All unit prices listed in the ordering catalog, as calculated in accordance with this provision and in force at the time of order placement, shall remain valid for the duration of that order until delivery.

e. DLA Troop Support Indo-Pacific will be invoiced based on the Contract Unit Price in effect at the time of order placement, irrespective of any subsequent changes to the Contract Unit Price before delivery or in subsequent ordering periods.

f. In instances where package sizes other than gallons are utilized, pricing adjustments will be prorated based on the adjustment per gallon.

g. Catalog Product Prices must be reflective of the Contractor’s last receipt price (the price of the stock most recently received into the CONUS inventory).

Catalog Maintenance:

i. New Items:

1. Prior to the initiation of the first order, DLA Troop Support Indo-Pacific, the customer, and the Contractor will collaborate to identify items not listed in the Schedule of Items but intended for inclusion in the ordering catalog. While this endeavor is limited in scope, it is essential for updating the catalog with items that were not previously required due to seasonal variations and other unforeseen circumstances unknown to the Contracting Officer at the time of solicitation.

2. [Note] Neither the Contractor nor the Customer is authorized to add a new item to the catalog without first initiating a New Item Request to the Contracting Officer. Such requests necessitate a separate Fair and Reasonable Price Analysis per item.

3. After ordering has commenced, if a customer requests an item not currently listed in the catalog, the contractor will have a maximum of twenty (20) calendar days upon the Contracting Officer’s determination of fair and reasonable pricing and approval to source and add the item to the catalog through an 832-catalog transaction in STORES., the item should become a permanent part of the contractor’s inventory, subject to availability. The contractor must use the Contracting Officer-provided Market Ready Request Form

4. (Attachment 9) for all item approval requests, including additions and modifications. All requests for item approval, whether for additions or changes, must be submitted utilizing the form provided by the Contracting Officer.

5. The successful awardee shall assume the responsibility of introducing new pastry items to the customers, as well as showing cost-effective alternatives to their current choices.

6. The Contractor shall collaborate with the customer to ensure their involvement in the determination of product acceptability.

7. The Contractor agrees that all new items will not be made available and delivered to the customer(s) until sufficient inventory of the new products has been shipped and received in the Contractor’s OCONUS facility(s) with the new items added to the customer’s catalog via the 832-catalog process according to the monthly 832 catalog updates.

8. If an item is deleted or replaced by a new item due to customer preference, the customer will make reasonable efforts to draw down the Contractor’s existing inventory, before ordering the new replacement item. The new item will not be added to the catalog until existing inventory is depleted, unless otherwise approved by the Contracting Officer. In the event that an item is deleted without a replacement, the customer will still make reasonable efforts to draw down the Contractor’s existing inventory providing that the Contractor did not mismanage the amount of inventory receipted into inventory. The Government will not, however, be liable for any unpurchased product.

9. An item that has been determined fair and reasonable and added to the Contractor’s catalog(s), then removed and is needed to be added again within a 12-month period, e.g., holiday items, special occasion items, etc. are not considered “new” items and are not subject to the NIRF process. The Contractor will follow normal 832 catalog price change procedures provided the item is exactly the same as the item previously determined fair and reasonable.

This item may be subject to another fair and reasonable determination at the Contracting Officer’s discretion. Items removed greater than 12 months, are considered new items and subject to the NIRF process.

10. In the event of a change in pack size for an item, (e.g., an item changes from 24/12 oz cans to 12/12 oz cans), the contractor must notify the Contracting Officer of any such change. A new Sub-Category may be established within that Category (e.g., Sub-Category 1A).

ii. Catalog Pricing:

1. Schedule of Items Pricing: Items priced in the Schedule of Items will be included in the ordering catalog following award. The final proposed price for each item in the Schedule of Items will be the catalog price during the first two weeks of customer ordering. Pricing for the Schedule of Items will be determined fair and reasonable prior to award.

2. Contractor-Requested Catalog Price Changes: Upon award, all items listed in the Solicitation’s Schedule of Items, which are subsequently incorporated into the ordering catalogs, have been assessed as "fair and reasonable" in terms of pricing by the Contracting Officer.

3. All price modifications and catalog contract prices are subject to thorough review by the Government. The Contracting Officer reserves the right to request supporting data to substantiate any requested price change or the continuation of pre-existing prices for any item, including those applicable to prior ordering periods.

4. Upon receiving notice from the Contracting Officer requesting supporting data, the Contractor is obligated to promptly provide the Government with all necessary documentation. This includes, but is not limited to, invoices, quotations, price lists, documentation regarding rebates/discounts, and any other relevant substantiating information from the Contractor and all entities within its supply chain, including manufacturers, growers, private label holders, or redistributors.

5. If the Contracting Officer cannot determine a fair and reasonable price, and the Contracting Officer and the Contractor cannot negotiate a fair and reasonable price, the Contracting Officer may reject any price change and direct, in writing, that the item in question be retained on the catalog at the most recent previously approved price consistent with current market conditions. In the alternative, the Contracting Officer may authorize the removal of an item.

6. The posting of updated prices in the ordering catalog, calculated in accordance with this section, constitutes a modification to this contract. No further contract modification is required to affect this change. Any changes that post to the ordering catalog do not constitute a waiver of any of the rights delineated elsewhere in the Solicitation, any resulting contract(s), or otherwise by law or regular.

7. In the event of a price change not being reflected or a Contract Unit Price in the ordering catalog not being computed in accordance with the stipulations outlined in this section, resulting in an incorrect increase or decrease in the Contract Unit Price, the Contractor must promptly notify the Contracting Officer in writing upon discovery of such an occurrence.

Subsequently, the Contractor must expeditiously rectify its ordering catalog.

8. If an erroneous price increase is detected in the ordering catalog, the Contractor is required to issue a refund, inclusive of any applicable interest, for any amounts erroneously paid to the Contractor as a result of the incorrect price.

9. Conversely, if an erroneous price decrease is identified in the ordering catalog, the Contractor may submit a request for an equitable adjustment reflecting the undercharge to the Contracting Officer for consideration. Such a request will be entertained if the Contractor satisfactorily demonstrates to the Contracting Officer that the error did not arise from the Contractor's fault or negligence. However, the Contractor shall not be entitled to reimbursement if the undercharge resulted from its own fault or negligence.

10. Limitations. All adjustments under this section shall be limited to the effect on Contract Unit Prices of actual increases or decreases in the Product Prices for material. There shall be no upward adjustment for:

a. Supplies for which the Product Price is not affected by such changes.

b. Changes in the quantities of materials; and

c. Increases in Contract Unit Prices that the Contracting Officer determines are computed incorrectly (i.e., not adhering to the Contract Unit Price definition in this provision) and/or increases in Contract Unit Prices that the Contracting Officer determines are not fair and reasonable.

iii. Catalog Additions:

1. Before an item is added to the catalog, Contractors are required to submit to the contracting officer a request for proposed catalog additions (See Attachment 7). The request shall include the stock number, Government item description, proposed unit price and a corresponding supplier invoice or quote.

2. The request is due by 9:00 AM HST on the 1st Monday prior to inclusion of the following Sunday’s catalog updates. Please note that meeting this deadline does not guarantee that the item’s price will be approved as “fair and reasonable”, nor does it mean that the Contracting Officer will have been able to complete his/her review of the request prior to the time necessary to incorporate it into the following week’s ordering catalog.

3. The contracting officer will review the catalog addition request and upon determining the price fair and reasonable will contact the Contractor to indicate acceptance. The Contractor shall then include the item on Sunday’s catalog update. Should the proposed price fail to be determined fair and reasonable, the contracting officer will conduct negotiations with the contractor. If after negotiations the proposed pricing still cannot be determined fair and reasonable the item will not be added to the catalog.

iv. Pricing Requirements:

The final negotiated contract fixed unit price for each item delivered to all customers, shall be in effect and remain unchanged for a minimum of 12 months on all orders issued during the initial tier.

Prices shall be updated annually at the commencement of each new tier period, as outlined in the Effective Period of Contract / Tiers section.

v. Price Audit.

The Contracting Officer may require the Contractor to submit invoices and other documentation from all subcontractors at all tiers and/or all suppliers or persons in the Product Price supply chain, up to and including the grower, manufacturer, and/or redistributor, for the purpose of confirming Product Prices charged to the Government, as well as to substantiate all rebate/discounts applicable to orders under the contract. In performing the price audit, the Government shall have the right to examine books, records, documents, and other data, to include commercial sales data, that the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this section and any other terms and conditions of the contract. Such price audits may occur up to twice a year (except as provided for below) until the end of 5 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (“FAR”), whichever is earlier. In addition to price audits, the Government may conduct additional examinations of records, as required by the Contracting Officer to ensure contract compliance.

vii. Final invoice.

The Contractor shall include a statement on the final invoice for each order that the amounts invoiced hereunder have applied all decreases required or authorized by this section.

viii. Disputes.

Any dispute arising under this section shall be determined in accordance with the “Disputes” clause of the contract.

vi. Exceptions:

1. A contiguous United States (CONUS) based manufacturer, grower or private label holder’s product pricing which is a national price inclusive of transportation costs to a Distribution Point shall be supported by documentation and may be considered by the Government on a case-by-case basis, upon concurrence of the Contracting Officer.

2. Mandatory source items: The Product Price shall be limited to the nonprofit agency’s price for product as set in accordance with applicable law. The Product Price shall be based on f.o.b.

origin/nonprofit agency. (Prices set in accordance with applicable law (f.o.b. origin/nonprofit agency.).

3. Contractor table displays/decorations only: For products listed in category [n/a] Contractor table displays/decorations only, the Product Price shall be based on f.o.b. origin/point of the manufacturer’s distributor because the manufacturer will not sell directly to the Contractor. This exception must be approved by the Contracting Officer on a case-by-case basis. Support documentation is required.

4. A CONUS-based redistributor’s price for a specific manufacturer’s product (also known as a stock keeping unit (SKU)) may be considered by the Government as long as the redistributor’s price for the quantity ordered is equal to or lower than the manufacturer’s published price inclusive of discounts/allowances. This exception must be approved by the Contracting officer on a case-by-case basis. Support documentation may be required.

c. “Product Allowance” is discounts, rebates, and allowances to be passed on to the Government. In accordance with other provisions of the contract, all discounts, rebates, or allowances on particular items which are reflected in the amounts shown on the face of the manufacture’s, grower’s or private label holder’s invoice (referred to as “off-invoice allowances”) or otherwise given to the Contractor by the manufacturer, grower or private label holder, shall be passed by the Contractor to the Government, in the form of an up-front price reduction. The total of these discounts, rebates, and allowances (or product allowance), shall be reflected via a reduced subsistence total order and receipt electronic system (STORES) price, resulting in a lower invoice price to the customer. Any rebates that must be passed to the Government and which cannot be applied as an up-front price reduction must be submitted via check made to the United States (U.S.) Treasury, attached with itemized listing of all customer purchases by line item to include contract number, call number, purchase order number and contract line-item number (CLIN).

d. “Ordering catalog” means the electronic listing of items and their corresponding contract unit prices available for ordering under this contract.

e. “Manufacturer” means the business concern that, with its own facilities, performs primary activities of processing or transforming agricultural products into the end item being acquired.

f. “Ordering Period” means from Sunday at 12:00 AM (Alaska Standard time (AKST), standard or daylight as applicable) through 11:59 PM on the second Saturday, following. (i.e., the 14th day).

g. “Private Label Holder” means:

vii. A manufacturer or grower with whom the Contractor holds an ownership and/or financial interest, or ownership and/or financial interest in a specific item(s) produced by a manufacturer or grower.

viii. An entity holding an intellectual property interest, whether by ownership or license, in the label under which product is being sold in the commercial marketplace; or

ix. An entity holding exclusive marketing and/or sales authority of a product, or one holding property rights in a proprietary product formula.

h. “Rebates/Discounts” means all rebates, discounts, product allowances, food show discounts, early payment discounts (other than qualifying early payment discounts as may be defined elsewhere in this contract), and any other rebates, discounts, economic incentives, or similar financial arrangements available at the manufacturer, grower, private label holder, or redistributor level that ultimately reduces the Contractor’s price paid for a product supplied under the contract. In accordance with this language as well as other provisions of this contract, and subject to any applicable exceptions, all rebates/discounts shall be passed on to the Government via a reduced catalog price for the item to which the rebates/discounts pertain (i.e., “off invoice”). Any rebates/discounts that cannot be applied as an up-front price reduction must be submitted to the Contracting Officer via check payable to the U.S. Treasury, with an attached itemized listing of all customer purchases by line item, including contract number, call number, purchase order number and contract line-item number (“CLIN”).

i. “Redistributor” means an entity independent of the contractor that operates in the existing commercial marketplace and from which the contractor purchases product for purposes of consolidating quantities and/or obtaining lower Product Prices. Examples may include brokers, dealers, distributors, and buying groups.

j. “Standard Freight” means the published list price or prevailing market rate for transportation of items ordered under this contract from the manufacturer, grower, private label holder, or redistributor (when the Redistributor Exception applies) to the Contractor’s facility/facilities. Standard Freight must be documented in an invoice; however, quotes may be an acceptable form of substantiation in limited circumstances and if authorized by the Contracting Officer. Standard freight may include certain ancillary costs associated with transportation which are consistent with commercial practice in the produce industry, including, but are not limited to, pallets, temperature recording devices, Tectrol, etc.

x. In the event that the Contractor picks up its own product directly from a manufacturer, grower, private label holder, or redistributor (when the Redistributor Exception applies) on an F.O.B Origin basis, or arranges for delivery transportation from a third party source other than the manufacturer, grower, private label holder, or redistributor (when the Redistributor Exception applies), the standard freight cost shall be based on market tariffs/conditions and consistent with prevailing market rates. At no time shall that cost exceed the manufacturer’s, grower’s, private label holder’s, or redistributor’s, or such entity’s carrier’s freight price normally payable by the Contractor for inbound shipments of such products and quantities to the Contractor’s facility(ies).

k. “Ordering month” means from Sunday 12:01 AM of the first full week in a calendar month through the last Saturday 11:59 PM that precedes the Sunday of the first full week in the next calendar month (Hawaii standard time (HST).

Addition Of New Customers

a. Adding Customers within the Contract’s Geographic Distribution Region/Zone:

i. After contract award, there may be instances when new customers request support of their grocery requirements. Additional DoD and/or Non-DoD federal government customers that request DLA Troop Support Indo-Pacific produce support may be added to the contract without any new acquisition or competition process, if the customer(s) is/are within the geographic distribution region/zone covered by this contract.

ii. The decision as to whether a potentially new customer is within the contract region or zone and, thus, will be added to the contract without further competition and at the existing contract prices, shall be the sole decision of the DLA Troop Support Indo-Pacific Contracting Officer.

iii. Pursuant to the above, the Contracting Officer will instruct the contractor to include the customer(s) at the effective contract prices applicable to that distribution zone/region.

b. Adding Customers outside the Contract’s Geographic Distribution Region/Zone:

i. This provision applies to the following customers:

1. A new DoD or Non-DoD federal customer that is deemed by the Contracting Officer to be outside the contract’s geographic distribution region/zone.

2. An existing DoD or non-DoD federal customer that is deemed by the Contracting Officer to be outside the contract’s geographic distribution region/zone but has been previously supported on a separate contract covering a geographic distribution region/zone.

ii. The customers described above, and their grocery requirements, may be added to any contract resulting from this solicitation as follows:

1. In the judgment of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or proximal to the geographic distribution region/zone of the resulting contract. In a circumstance where the customer is located in an area that is adjacent or proximal to multiple existing produce contracts, the decision of which contract is most satisfactory to the Government for purposes of adding the customer(s) will be the sole decision 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).

a. The Contracting Officer will request complete price proposals to support the subject new customer(s), to include Product Prices. Prior to any customer being added to the resulting contract, 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 solicitation may be employed.

2. In the judgment of the Contracting Officer, the customer(s) at issue is/are not located in an area adjacent or proximal to the geographic distribution region/zone of the resulting contract, and/or the anticipated customer requirement is insubstantial, the customer(s) will not be added.

iii. Under no circumstance may the resulting contract’s maximum dollar value be exceeded with the addition of any customer(s) and its respective produce requirements.

Item Availability

a. Items must be stocked in sufficient quantities to fill all ordering activity requirements. When the Contractor determines its supply chain management, factors such as fluctuations, increases, decreases, surges in demand, stocking procedures and lead times from CONUS to OCONUS all must be taken into consideration.

b. The vendor shall notify the customer within 24 hours of order placement if any item is unavailable. If the vendor determines that the order cannot be fulfilled in time to meet the required delivery date, the vendor shall either propose a substitute item of equal or higher quality at an equal or lower cost, or formally advise the customer that the item is not in stock.

Emergency and Surge Orders

a. General Conditions: Troop and installation requirements across Alaska may experience unexpected surges as a result of wartime mobilization, contingency operations, humanitarian missions, civil emergencies, natural disasters, severe weather events, transportation disruptions, or other unforeseen circumstances. Due to Alaska’s unique operating environment—including remote and geographically isolated locations, limited road access, reliance on air or marine transport, and extreme weather conditions—urgent and unplanned orders may be necessary to sustain operational readiness and ensure an uninterrupted supply of baked goods, which are considered mission-critical items.

The Contractor shall be prepared to respond rapidly to such demands and prioritize the timely production and delivery of baked goods to affected locations, including remote or hard-to-reach sites. The Contractor must maintain flexibility to adjust delivery schedules, utilize alternate transportation methods when feasible, and mitigate risks associated with weather-related delays, supply chain interruptions, or logistical constraints inherent to Alaska.All notifications under this Alaska email address identified in the contract.

b. Contractor Responsibility for DoD Emergency Orders: The Contractor shall fulfill up to two

(2) emergency orders per customer, per calendar month, for DoD activities at no additional cost to the Government. Emergency orders are defined as requisitions that must be delivered on the next available flight after order placement, as specified by the customer or Contracting Officer.

c. Contractor Representative for Emergencies: The Contractor shall designate and provide contact information for a representative who will be available to receive and coordinate emergency orders. This point of contact must be available during business hours and after hours, including weekends and holidays, as required by mission-critical conditions.

d. Surge Requirements and Preparedness: The Contractor shall maintain robust contingency planning and operational flexibility to accommodate surge production volumes, with particular emphasis on the uninterrupted supply of baked goods in support of mission-critical needs throughout Alaska’s unique operating environment. Upon written notification by the Contracting Officer, the Contractor shall provide a comprehensive Surge Capability Statement. This statement must detail the Contractor’s maximum daily production capacity, lead time required to scale operations, current inventory levels of raw materials and finished bakery products, and any potential supply-chain risks affecting the availability or timely delivery of baked goods to designated locations within Alaska. The spectrum of possible contingencies includes major theatre and smaller scale contingency operations. Examples of various contingencies are as follows:

1.Military Operations – The Contractor must have the ability to support surges in demand, which may be needed for an extended period of time on short notice. For this type of scenario, the capability to ramp- up quickly to meet early requirements, as well as sustainment for an extended period of time is essential.

2..Mobilization –A full scale military mobilization or a national emergency could increase demand for supplies of those items and quantities listed in the contractor catalog. This increase in quantity may be needed for a six-month period or longer. Normal mobilization strategies provide lead times of at least 30 days to build to the necessary support level. The Contractor must have the ability to support this increased level of supply for an extended period of time.

VI. INVENTORY AND WAREHOUSE MANGEMENT

Warehouse Management

a. The Contractor will be required to perform supply chain and warehouse management functions and to position a full line of pastries into its warehouse(s). The Contractor has responsibility for all supply chain management.

b. Supply chain management is the sole responsibility of the Contractor. As supply chain management is the sole responsibility of the Contractor, the Government will not be liable for expired or excess inventory during the life of the contract or after the contract has expired. Any information provided to the Contractor by the Government (i.e. estimates, headcounts, etc.) during contract performance is merely guidance to assist the Contractor in fulfilling its role of supply chain management in the context of specific contract requirements. Though the Government will utilize its best efforts and reasonableness in furnishing said information, it provides no warranties or representations that the information provided is wholly accurate.

c. The Contractor holds ultimate responsibility for effectively executing and managing its supply chain to meet the specified requirements outlined in this solicitation. When making decisions related to supply chain management, the Contractor is accountable for adequately stocking items to fulfill the stipulated criteria.

d. It is the Contractor’s responsibility to determine the warehouse size and number of pallet spaces it needs to fulfill the demand requirements of this solicitation to include surge requirements. The standard American pallet size is 48x40 inches.

e. The Contractor will be responsible for developing its own demand estimates to ensure proper stocking levels, including Average Monthly Demands (AMD).

NOTE: Solicitation estimates are only estimates and subject to increase or decrease based on the actual conditions on the ground.

f. The Contractor must provide all of the necessary assets, to include, material handling equipment and labor to maintain operations.

g. The Contractor is responsible to provide the proper equipment (i.e. pallet jacks, fork lifts, etc.) to move material to the back of the delivery vehicles at the customer delivery points.

NON-MANUFACTURER / NON-DISTRIBUTER

All offerors are required to provide products originating from a sanitarily approved source and in delivery conveyances that are subject to the Sanitary Conditions clause in the solicitation. Offerors indicating a Place of Performance (manufacturing location) that is not under the day-to-day control and management of the offeror shall submit documentation that an agreement for production and distribution is in effect at the time of offer covering the period of the contract. The documentation must be signed by the offeror and the proposed subcontractor(s). This does not include similar entities & affiliates of the offeror but applies to non-manufacturers, partners, subcontractors, and similar entities that would be performing on the proposed contract but are not the offeror itself. Offerors using a consortium, joint venture or other teaming approach shall provide evidence of experience pertaining to the execution of the requirements of the solicitation. The freshness requirement of the product being delivered may not be compromised.

The offeror’s distance from the delivery location is very important. The offeror must be capable of delivering product to arrive at the delivery location the same day for emergency orders.

VII. PACKAGING, PACKING, LABELING, INSPECTION & ACCEPTANCE

Packaging, Packing, and Labeling

a. All packaging and packing procedures must adhere to the highest commercial standards. Labeling must comply with commercial labeling norms, in accordance with the Federal Food, Drug, and Cosmetic Act, along with the regulations established under it. Shipping containers must meet the specifications outlined in the National Motor Freight Classification and Uniform Freight Classification Code.

b. The Contractor holds the responsibility for ensuring compliance with any pertinent packaging, packing, and marking regulations of the countries through which the product will be stored or transported.

c. Semi-perishable items shall be snugly packed in shipping containers that fully comply with the National Motor Freight Classification and Uniform Freight Classification Code, as applicable.

d. All food and beverage products shall be identified with open code dates clearly showing the use by date, date of production, date of processing/pasteurization, sell by date, best if used by date, or similar marking indicating the end of the guaranteed freshness date. The Contractor shall provide a code book for label/date verification.

Repackaging and Splitting of Cases

a. For some items, DLA customers may require smaller pack sizes than are commonly available in the commercial marketplace. Such items are included in the instant Schedule of Items and may be added at a later date during contract performance.