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10.0.2.20120224.1.869952.867557

Statement of Work (Milk, Dairy & Ice Cream Products)

I. INTRODUCTION

A. The Defense Logistics Agency (DLA Troop Support Indo Pacific) intends to support the needs of its customers by entering into one (1) Indefinite Quantity Contract (IQC) per group to supply fresh Milk, Dairy, Juice and Ice Cream products to the customers stated below. This solicitation contains the estimated requirements for each of the following groups for Troops and Ship customers in the Hawaii area.

The solicitation contains three (3) Customer Product Groups:

Group 1 Hawaii - Troop Customers (Milk, Dairy & Juice products) Group 2 Hawaii - Troop Customers (Ice Cream products) Group 3 Hawaii - Ship Customers (Milk, Dairy, Juice & Ice Cream products)

NOTE: Customers may be added or deleted during the period of the contract.

(SEE PARAGRAPH V., ADDITIONAL CUSTOMERS FOR DETAILS)

B. This solicitation utilizes the Lowest Price Technically Acceptable (LPTA) Source Selection Process. The length of the contract is sixty (60) months (5 years) including all base and tiers. As part of this selection process, the Agency will incorporate a weighting factor in its evaluation. Said factor will only be applied for evaluation purposes to the Aggregate Distribution Price. Please refer to the Addendum to FAR 52.212-2 contained in this Solicitation for additional information about how each offeror's price, and price components, will be evaluated.

C. The resultant contract will be a fixed price Indefinite Quantity Contract (IQC) with Economic Price Adjustment (EPA) applied to Class 1 fluid milk items and firm fixed price for all other items, for an Indefinite quantity, within stated limits, of specific supplies to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 16.540(a)). The duration of the contract is for a term of 60 months (five-year period). Pricing for all items will have five separate pricing tiers and the pricing will remain firm fixed for each pricing tier. The first pricing tier shall begin on the award date and be for a 12-month period (June 02, 2024 - June 01, 2025). The second pricing tier shall be for the following 12-month performance period (June 02, 2025 - June 06, 2026). The third pricing tier shall be for the following 12-month performance period (June 07, 2026 - June 05, 2027). The fourth tier shall be for the following 12-month performance period (June 06, 2027 - June 03, 2028). The fifth tier shall be for the following 12-month performance period (June 04, 2028 - June 03, 2029).

D. EFFECTIVE PERIOD OF CONTRACT/ORDERING/PERFORMANCE PERIOD:

A contract resulting from this solicitation will become effective on the date of award. The ordering period of the contract shall commence with placement of the first customer order, on or after Monday June 03, 2024, through June 01, 2025, and delivery of any order will be completed on or before Sunday, June 03, 2029.

E. Delivery - The current delivery schedule for each location is set forth on page 17 of the Statement of Work, Delivery Points section. Delivery on all products is required, as specified by each customer, and should be in accordance with standard commercial practice.

PLEASE MAKE SURE TO FILL OUT THE SCHEDULE OF ITEMS (SOI) SPREADSHEET CORRECTLY. FAILURE TO CORRECTLY AND COMPLETELY PROVIDE THE INFORMATION COULD LEAD TO YOUR COMPANY'S BID BEING CONSIDERED NON-RESPONSIVE AND WILL NOT BE EVALUATED FOR AWARD. PROVIDING THIS INFORMATION IS NOT OPTIONAL; IT IS REQUIRED.

THE COMPLETED SPREADSHEET MUST BE INCLUDED IN THE E-MAIL TO BOTH THE CONTRACT SPECIALIST AND CONTRACTING OFFICER.

(Contract Specialists: David.Ewaliko@dla.mil, Contracting Officer: Kirk.Moser@dla.mil)

II. GUARANTEED MINIMUM / MAXIMUM

A. The guaranteed minimum on the resultant contract(s) equals $10,000.00 which is computed from 10% of the estimated annual value.

B. The maximum ceiling on the resultant contract(s) is 100% of the awarded estimate value per 60-month contract period. The maximum ceiling for this procurement is $8,000,000.00.

III. PRICING

A. The Schedule of Items in Attachment 2, 3, and 4 represents 100% of the estimated dollar value of this procurement for the sixty- (60) month period. For all Class I fluid milk items, the Economic Price Adjustment (EPA) will be applied throughout the contract period. Pricing for all other items will have five separate pricing tiers and the pricing will remain firm fixed for each pricing tier.

B. NOTE: The Economic Price Adjustment (EPA) Calculation for Class I Milk is based on California Dept. of Food and Agriculture Announcement of Minimum Prices. Any other Place of Performance in the United States is based on USDA Announcement of Advanced Prices and Pricing Factors.

C. Prices shall be FOB Destination only.

D. In order to accommodate the Government's ordering system, the Subsistence Total Order and Receipt Electronic System (STORES), unit prices are limited to a maximum of two (2) places after the decimal point. Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower must be rounded down to $2.21. In addition, the system requires that prices be fixed for a certain period of time.

E. Prices for the resultant five-year contract period will be fixed with Economic Price Adjustment (EPA) for Class I fluid milk items and firm-fixed for all other items for the entire term of the contract.

F. All prices are the current price when the customer places the order.

G. Price Audits

• The Government reserves the right to conduct price audits to verify price accuracy and recoup overcharges. In such instances, contractors will be required to provide any and all supporting price documentation requested by the contracting officer.

• The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention.

IV. SCHEDULE OF ITEMS

See Attachments 2, 3, and 4 in the Schedule of Items (“SOI”).

A. IMPORTANT NOTE: Items not on the STORES catalog CANNOT be ordered from the contractor under the resulting contract. Payments will not be made for items not appearing on the catalog at time of order. The STORES catalog for this contract will only consist of items solicited in the Schedule of Items of this solicitation.

B. If a customer desires to order a milk or dairy item not listed on the resultant contract, a written request to the DLA Troop Support Indo Pacific Market Ready Contract Specialist shall be submitted to have the item added. The Contract Specialist will contact the vendor and arrange to have the item added to the STORES catalog in coordination with the Contracting Officer. (See New Item Request Form, Attachment #6) in paragraph IV.B.

C. Prior to its inclusion in the STORES catalog, the pricing for each additional item must be negotiated and the Contracting Officer must determine that the price for the respective item is fair and reasonable.

D. Additional items may be added or removed from the contract; however, any items that are added may not increase the value of the contract above the contract maximum.

V. ADDITIONAL CUSTOMERS

A. The Government reserves the right to add DoD and non-DoD customers from the same distribution area as the successful contractor, based on a mutually agreed upon implementation plan followed by formal modification to the contract.

B. The increase in the new business will be reflected in the 100% maximum.

C. Additional customers are limited to those that receive Federal funding.

D. The Government reserves the right to unilaterally remove DoD and non-DoD customers from the resultant award by way of formal modification.

VI. CUSTOMER SERVICE POLICY

The contractor shall treat each of the customers covered under the contract as one of its best customers. Therefore, any treatment and/or customer service policy given to other essential accounts shall also be given to the customers covered under the resultant contract.

VII. NON-MANUFACTURER /NON-DISTRIBUTER

All offerors are required to provide product 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.

GOVERNMENT QUALIFICATION:

The Government expects to award all items but reserves the right to award a contract with less than all listed items if determined to be in the Government's best interests. The Government will make one award. Offerors must offer on all tiers.

OFFEROR QUALIFICATION: (Qualification pertains to any conditions, deviations, or contingencies upon which offered prices are based).

IS YOUR COMPANY EDI CAPABLE? (Please circle a response) YES NO EDI Code:

Note: All customers are currently processing orders and receipts through EBS. Provide the following information for ordering, invoicing, and payment purposes:

Point(s) of Contact for Ordering: Phone Number: Email & Fax Number:

FOR PAYMENT QUESTIONS, PLEASE PROVIDE THE FOLLOWING INFORMATION:

Point(s) of Contact for Invoicing a n d Payment: ______________________________________ Phone Number: Email & Fax Number:

The delivery preference is for a 48 hour (skip day) delivery. Please address your ability to adhere to these delivery terms. Delivery is required 48 hours after order is placed. Orders may be placed with a longer lead-time; however, the minimum lead-time is “skip day”.

PLEASE PROVIDE ANY LIMITATIONS TO THIS ORDER LEAD TIME BELOW:

BULK MILK CONTAINERS:

THE BULK MILK/JUICE DISPENSER CONTAINER SHALL BE A SINGLE SERVICE DISPENSER CONTAINER (MULTI-GALLON POLYETHYLENE BAG) AND SHALL BE DELIVERED IN A SINGLE SERVICE SHIPPING CONTAINER (CORRUGATED CARDBOARD BOX) WHICH DOES NOT REQUIRE A TRANSFERRING OF THE SINGLE SERVICE DISPENSER CONTAINER (POLYETHYLENE BAG) TO A HOLDER/KEEPER CASE OR DISPENSER CASE AT POINT OF USE.

Ordering System

I. Subsistence Total Order and Receipt Electronic System (STORES)

A. STORES is the Government's ordering system which is capable of accepting orders from any of the Services', i.e. Army, Air Force, Navy or Marines, individual ordering systems and translating the orders into an EDI (Electronic Data Interchange) format. In addition, this information is transmitted to DLA TROOP SUPPORT INDO PACIFIC for the purposes of contractor payment and customer billing.

B. Customers will be able to order all of their Milk and Dairy requirements through STORES.

C. Initially, a copy of the STORES Orders will be transmitted via FAX (unless they are an EDI vendor) from the customers listed in this solicitation to the successful awardee. While it is not a requirement of this solicitation, vendors are encouraged to have a separate FAX line in order to accommodate orders in a timely, efficient manner.

D. EDI capability is not a requirement for award under this solicitation; however, offerors should consider moving towards a fully functional EDI environment. In order to interface with STORES electronically, the offeror must be able to support the following EDI transaction sets:

· Catalog (Vendor to DLA TROOP SUPPORT INDO PACIFIC)

· Purchase Order

· Functional Acknowledgment

· Receipt

· Invoice (optional at this time)

E. It is mandatory that the successful vendor has access to the Internet and is able to send and receive electronic mail (e-mail).

F. The EDI-capable vendor must be able to conform to the Government's format for Item Descriptions on both the catalog and the invoices. The Government's format begins with a broad category and then continues with a more general description. For example, a half pint of whole milk would be described as “Milk, Whole, CHL (Chilled), ½ PT CO”.

G. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard rounding methods must be observed. For example, a price of $4.574 or lower must be rounded down to $4.57 and a price of $4.575 or higher must be rounded up to $4.58.

II. Order Placement

A. Minimum order: When the Government requires supplies or services covered by this contract in an amount of less than $150.00 the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.

B. Customers shall place orders via STORES to accommodate order lead time stated on contract. Orders shall generally be sent no later than 10:00 a.m. two (2) days prior to the desired delivery date (or specified lead-time on contract) in order to ensure maximum availability of product. However, a customer may decide to place an order with a longer lead-time for delivery except as noted on Section VI-A. Holidays of this Solicitation.

C. The vendor should notify the customer, no later than 24 hours after order placement, of the non- availability of an item. If it appears that the vendor will not be able to fulfill the order in time to meet the required delivery date, the vendor shall either offer the customer a substitute of equal or higher quality and of equal or lower cost, or advise the customer of its Not-in-Stock position.

D. There shall be no line-item (LSN) additions to existing STORES orders. Requirements for additional LSN's to prior/existing orders shall be ordered by customers via STORES as a new and separate STORES order.

E. All pricing is at the time the order is placed.

Purchase Orders

There shall only be one invoice per purchase order. This will reduce invoice and payment issues. At no time, is a delivery driver permitted to deliver items that do not appear on the purchase order.

DESCRIPTIONS/SPECIFICATIONS

I. Product Quality A. Acceptance of supplies awarded under this solicitation will be limited to fresh product. All products delivered under this contract must conform to the following freshness requirements. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice. Each container, carton, etc. shall have visible, legible, and understandable “sell-by-date” or equivalent.

1. Milk, Whipping Cream (fresh), Cream (fresh) and Half-and-Half (fresh), Ice Milk Mix, Fresh (soft serve), Milk Shake Mix, Fresh (direct draw), Buttermilk and Eggnog must be delivered with 72 hours of pasteurization.

2. Whipping Cream (ultra-pasteurized), Half-and-Half (ultra-pasteurized), and Cream (ultra-pasteurized) must be delivered with a minimum 14 days shelf life remaining.

3. Cottage Cheese, cultured and acidified, normal and extended shelf life must be delivered with a minimum 14 days shelf life remaining.

4. Sour Cream must be delivered with a minimum 21 days shelf life remaining.

5. Yogurt must be delivered with a minimum of 18 days shelf life remaining.

6. Ice Cream must be delivered with a minimum 120 days shelf life remaining.

B. Commercial standards should be used to maintain temperatures appropriate for the individual items including delivery trucks.

II. Contractor Quality Program

The contractor should develop and maintain a quality program for product acquisition, warehousing and distribution to assure the following:

· Standardized product quality

· The usage of First-In, First-Out (FIFO) principles

· Product shelf life is monitored;

· Items are free of damage

· Correct items and quantities are selected and delivered

· Customer satisfaction is monitored

· Product discrepancies and complaints are resolved and corrective action is initiated

· Supplier, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support Indo Pacific

· Compliance with EPA and OSHA requirements

· Salvaged items or products shall not be used

The vendor shall comply with any findings or corrective actions noted on all its mandatory monthly and yearly inspections and audits performed by County, State, and Federal Agencies including the Food and Drug Administration and US Department of Health & Human Services. The vendor will immediately notify the Contracting Officer of any negative findings by any of these auditing agencies which affect the performance of its contract(s) and of the vendor's corrective action. The Contracting Officer may request copies from the vendor of any negative County, State, or Federal health inspection which affects its contract(s).

Failure to comply with County, State, and Federal milk regulations; apply corrective actions to audit findings; or not maintaining its pasteurization plant compliance at a rate of at least 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” may result in termination of the contract at the vendor's expense. In the event the vendor is subcontracting milk, dairy, or ice cream products, the vendor shall be responsible for replacing any noncomplying subcontractor with an approved subcontracting source or risk termination of the contract.

The vendor shall have in place the proper temperature controls in their warehouse to ensure product is stored at commercially acceptable temperature settings.

III. Warehousing and Sanitation Program/Stored Product Pest Management

The contractor shall develop and maintain a sanitation program and a stored product pest management program for food and other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, the Food, Drug, and Cosmetic Act of 1938 as well as all pertinent state and local laws and regulations. Records of inspections performed by the firm, subcontractor, or recognized industry association shall be maintained and made available to the Government at the Contracting Officer's request.

IV. Contractor Quality Audits

The Government may conduct formalized audits to verify the vendor's adherence to the contract requirements and the quality of product being supplied under any resultant contract.

V. Recall Procedures Requirements

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

1. Immediately notify the following personnel:

a. Customers that have received the recall product

b. DLA Troop Support Indo Pacific Contracting Officer

c. DLA Troop Support Indo Pacific Account Manager

d. DLA Troop Support Indo Pacific Customer Safety Officer at (215) 737-2922

2. Provide the following information to the DLA Troop Support Indo Pacific Consumer Safety Officer:

a. Reason for recall

b. Level of recall, i.e., Type I, II or III

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 Indo Pacific Consumer Safety 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.

VI. Food Defense/Force Protection

DLA Troop Support Subsistence Directorate provides worldwide 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 Indo Pacific Support to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. The offeror must ensure that products and/or packaging have not been tampered with or contaminated throughout the growing, storage, and delivery process. Contract awardee will ensure to complete security of all conveyances to any military installations. The offeror must immediately inform DLA Troop Support Indo Pacific Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. As the holder of a contract with the Department of Defense, the awardees should be aware of the vital role they play in supporting our customers. It is incumbent upon the awardees to take all necessary actions to secure product delivered to all military customers, as well as, any applicable commercial destinations.

VII. Packaging, Packing and Labeling

A. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

B. All items must be adequately protected during inclement weather.

INSPECTION AND ACCEPTANCE

I. Inspection and Acceptance

A. Contractor's delivery vehicles will stop and report to the veterinary inspection points as designated for inspection of products before proceeding to any other designated delivery point.

B. 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, Medical Personnel, or Contracting Officer.

C. All deliveries are subject to military veterinary inspection. In addition, the delivery vehicles may be inspected for cleanliness and condition.

D. The Food Service Officer (and/or) Authorized Receiving Official (ARO) at each delivery point (are/is) responsible for inspecting and accepting products as they are delivered. The invoice/delivery ticket shall not be signed prior to inspection of the product. All overages, shortages, and/or returns are to be noted on the delivery ticket by the receiving official and the truck driver. A signature on the delivery ticket/invoice denotes acceptance of the product.

II. Warranties

The supplies furnished under the resultant contract(s) shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies and the rights and remedies provided therein are in addition to and do not limit any rights afforded to the Government by Clause 52.212-4(o) “Warranty” contained in the solicitation.

III. Rejection Procedures

A. If product is determined to be defective, damaged, or compromised in any other manner, it may be rejected by the Authorized Receiving Official (ARO). All suspect items shall be segregated.

B. When product is found to be nonconforming or damaged or otherwise suspect, the receiving personnel shall notify the Food Service Officer (FSO) (and/or) Authorized Receiving Official.

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. 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.

D. If an item is rejected at the time of delivery, the delivery ticket/invoice must be annotated to reflect what item(s) and quantity(ies) were affected. The line item dollar value, as well as, the total invoice dollar value must be adjusted to reflect the adjusted value of the shipment.

E. If product is rejected after the delivery occurred, the contracting officer will determine if rejections is valid. Determination is in a case by case basis. The vendor must pick up the rejected product at the time the next regular shipment is made.

IV. Contract Closeout

Individual delivery orders shall be invoiced within five (5) days from the actual date of delivery. Cumulative delivery order closeout will result in total contract closeout. It is the Government's intent to closeout contracts within 60 days from the date of the final delivery.

DELIVERIES AND PERFORMANCE

I. TERMS OF INDEFINITE QUANTITY CONTRACT

A. The resultant contract will be a fixed price Indefinite Quantity Contract (IQC) with EPA applied to Class I fluid milk items and firm fixed price for all other items, for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 16.540(a)).

B. The duration of the contract is for a term of 60 months (five-year period). For all Class I fluid milk items, the EPA will be applied in accordance with DLAD 52.216-9032 Alternate I throughout the contract. Pricing for all other items will have 5 separate pricing tiers and the pricing will remain firm fixed for each pricing tier. The first pricing tier shall begin on the award date and be for a 12-month period (June 02, 2024 - June 01, 2025). The second pricing tier shall be for the following 12-month performance period (June 02, 2025 - June 06, 2026). The third pricing tier shall be for the following 12-month performance period (June 07, 2021 - June 05, 2027). The fourth tier shall be for the following 12-month performance period (June 06, 2027 - June 03, 2028). The fifth tier shall be for the following 12-month performance period (June 04, 2028 - June 03, 2029). The effective ordering period for any contract resulting from this solicitation shall be from June 02, 2024, until June 03, 2029.

II. ITEM AVAILABILITY

All items must be available in sufficient quantities to fill the customers' requirements. All deliveries must be made within 48 hours after order placement or lead time stated in contract unless otherwise authorized by the customer.

III. DELIVERY INSTRUCTIONS

A. Deliveries shall be made FOB Destination to each ordering activity and shall be free of damage, with all packing and packaging intact.

B. Deliveries shall be made when and as requested by the Ordering Officer(s) of the activity concerned, and shall be accompanied by the delivery ticket of the dealer in triplicate, showing the exact quantities delivered. Deliveries shall be made by the contractor any day Monday through Friday, with exceptions for Saturdays and Holidays due to operational requirement, between the hours and location specified by the Ordering Officer (see Delivery Points /Schedule).

C. Deliveries are required as indicated and between the hours listed on the delivery under Times/Frequency. Occasionally, delivery times may need to be readjusted by the ordering activity.

D. The customer will be responsible to notify the contractor of any changes in location or departure date.

E. The contractor warrants that they will provide a person and telephone number where orders and changes can be received between 06:30 am and 4:00 pm, Monday through Friday.

F. Milk and dairy products will be truck tail-gate delivered. Items will be off-loaded from the contractor(s) vehicle(s) and contractor personnel will place items delivered inside the dining halls, warehouses, etc. Deliveries to ships shall be brought to the brow of the vessel, when applicable.

IV. DELIVERY VEHICLE REQUIREMENTS

A. Supplies transported in vehicles that are not sanitary, or that have not maintained the proper temperatures in accordance with industry standards for product refrigerator, may be rejected at destination without further inspection.

V. NO SUBSTITUTIONS

If an item is not available, vendor is NOT to substitute an item without having a separate purchase order for the additional item. Customer MUST zero-out unavailable item(s) in STORES. Contractor will be directly responsible for payment of any items not appearing on a STORES purchase order.

VI. HOLIDAYS

A. All orders are to be delivered on the specified delivery date, except for Federal holidays as outlined below. When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next scheduled business day, unless otherwise agreed to by the customer.

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Juneteenth Independence Day Christmas Day

NOTE: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday.

B. Holidays celebrated by your firm other than those specified above must be listed below. Also specify your policy for celebrating holidays that fall on the weekend.

VII. EMERGENCY ORDERS

A. In order to adequately support emergency orders, the vendor must have the ability to provide “same day service” to a customer that is experiencing an emergency situation.

B. Vendor must be able to support Bag In Box (BIB) multi-gallon Bulk Milk for emergency situations. Critical for Submarine/ Ships rapid deployments support.

C. The vendor shall provide, at maximum, two (2) emergency orders per month, per individual ordering activity or individual ship or vessel, at no additional cost to the Government.

D. The vendor is responsible for furnishing the name of the designated point of contact responsible for handling emergency orders, and his/her phone number and/or pager number, to the customers.

VIII. AUTHORIZED RETURNS

A. The contractor shall accept returns under the following conditions:

1. Products shipped in error

2. Products damaged in shipment

3. Products with concealed or latent damage

4. Products that are recalled

5. Products that do not meet shelf-life requirements

6. Products that do not meet the minimum quality requirements

7. Products delivered in unsanitary vehicles

8. No cost cancellation policy: Customers may cancel orders with advance cancellation notice to the contractor within 24 hours prior to the scheduled delivery. For orders from large deck ships, the advance cancellation notice to the contractor shall be three (3) business days prior to the scheduled delivery

IX. SHORT SHIPMENTS/SHIPPING ERRORS

A. All short shipments must be annotated by the receiving official on the delivery ticket/invoice accompanying the shipment.

B. Any product delivered in error must be picked up by the vendor on the same day or by the next delivery day after notification by the ordering activity.

X. DELIVERY

A. A delivery ticket will accompany each delivery citing order number, unit price, itemized, extended and totaled.

B. It is mandatory that the Delivery Ticket include the contract number, call number, lead CLIN number, purchase order number, government unit of issue. Total quantity shall be based on Government unit of issue.

C. Prices cited on delivery tickets for STORES orders will be the prices at the time of order and not the prices at time of delivery.

D. All deliveries exclude national legal holidays unless otherwise indicated by ordering activity.

E. Items will be off-loaded from the contractor(s) vehicle(s) and contractor personnel will place items delivered inside the dining halls, etc. Deliveries to ships shall be brought to the brow of the vessel, when applicable.

F. Except for deliveries made to shops, vendors are limited to shelving of stock in storage per customer request.

G. Vendors shall pick up empty pallets once delivery is complete or double back to remove pallets.

XI. ROUTINE REPLENISHMENT-AT-SEA REQUIREMENTS

A. To support Replenishment at Sea (RAS), the vendor shall adhere to the following guidelines:

1. All pallets should be prepared for off load (from trucks) and shall be "SHRINK WRAPPED & LABELED.

2. All pallets should not exceed 40" HIGH INCLUDING PALLET". This is very important to assist with loading FRZ/CHL pallets double stacked into the refrigeration CONEX.

3. All pallets must be double shrink wrapped tightly from the top all the way down to the bottom of the pallet and around the wood of the pallet "BEFORE LOADING" for delivery. (Please make sure your drivers have extra shrink wrap in vehicle).

4. ALL PALLETS must be clearly marked with name of the ship, UIC/DoDAAC total weight of pallet & if the products are FROZEN, CHILL & DRY. See Attached Label Example

5. For "TYPE" (on labels) mark with FROZEN, CHILL & DRY to assist with easier identification of products on pallet & expedite the loading process.

6. When possible load delivery trucks by “Ships” in order to expedite the delivery process.

7. Pick up empty pallets once delivery is complete:

a. The contractor shall remove ALL pallets used for delivery from the delivery point to include piers and dining facilities' receiving areas. The contractor shall instruct drivers to either wait for delivery completion or double back to delivery points to retrieve pallets, regardless the driver is to pick up the same amount of pallets that were left. Excess pallets hinder normal “daily operations” and “Emergency access”. In the event, the contractor's pallets are or become broken, it is the contractor's responsibility to take those pallets back to their facility for disposal. Removal of pallets shall not result in any additional cost to the Government

b. Ships/ Submarine personnel are “Required to stack” reusable pallets for easier pickup removal. If pallets are not being stacked, the contractor shall notify FLS POC with location and ship/submarine's name.

8. Labelling:

a. *** RAS involves multiple ships to be loaded so it is VERY IMPORTANT to LABEL all pallets to prevent products from being RAS to the WRONG ship.

b. Please make sure all pallets are clearly marked. "DO NOT" mix products for different ships on the same pallet. ***

B. Rim of the Pacific (RIMPAC) Exercise Support (Bi-Annual Military Exercise).

1. The same RAS instructions above are MANDATORY and apply to RIMPAC. RIMPAC is the world's largest international maritime exercise, with additional ships in port, pier space will be limited. Therefore, contractor's drivers are to pick up empty pallets per Item #7 above, more frequently.

XII. ECONOMIC PRICE ADJUSTMENTS

A. To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

B. This EPA clause applies to skim milk and butterfat fluid milk products classified as class I milk only (i.e., whole milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

C. Class I milk, as described in this clause, is subject to the regulations of the California Department of Food and Agriculture under the Federal milk marketing orders.

D. The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the Class I price [(base skim milk price for Class I times 0.965) plus (advanced butterfat pricing factor times 3.5)] in the announcement of advanced prices and pricing factors released by the U.S. Department of Agriculture, Agricultural Marketing Service, dairy programs. The announcement is released on the Friday before the 23rd of the month unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date.

E. Price adjustments shall be based on the following:

1. The "base price" for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at (i) the closing date for proposals, if no discussions are held, or (ii) the due date for final proposal revisions, if discussions are held. The "base price" for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

2. The "adjusting price" shall be the monthly price of the economic indicator released following the month used to determine the "base price".

F. Promptly following release of the announcement of advanced prices and pricing factors applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month.

G. Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

H. Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be implemented by the government as follows, and these actions shall constitute a modification to the contract:

1. The adjusted contract unit price(s) for the following month will be input in STORES.

2. The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the Internet.

I. The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase. There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

J. In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

K. Any dispute arising under this clause is subject to the "disputes" clause of the contract.

DELIVERY POINTS

Group 1 Hawaii - Troop Customers (Milk, Dairy & Juice Products) Group 2 Hawaii - Troop Customers (Ice Cream Products)

MARINES

Anderson Hall, Building 1089, Kaneohe Bay, Oahu. (M00318): 0800 -1100 M/W/F Kupalau Child Development Center, 6111 Cushman Ave, Kaneohe Bay (006111)

NAVY LAND BASED ACTIVITIES: 0800-1100 T/W

Pearl Harbor Naval Station Galley (N62813) NSGA Kunia Galley, HI (N43456)

COAST GUARD: No set times and days Monday through Friday USCG Air Station Barbers Point (Z20255) USCGC Walnut (Z15245) USCG BSU Honolulu Galley, Sand Island (Z31060) USCGC Kukui (Z15243) USCGC Rush (Z11409) USCGC Jarvis (Z11411) Transit Coast Guard Cutters in Hawaii Area of Operation

HICKAM AFB: 0800-1100 M/W/F

Hale Aina Dinning Facility, (FT9128) 154 Hawaii Air National Guard, Bldg. 3417, Harbor Drive (FT6580) 0800-1100 once a month 647 FSS FSVF, Bldg. 1860 (FT9129) Hickam Youth Center (FT9462)

BELLOWS AIR FORCE STATION, 220 Tinker Road, Waimanalo (FF5243)

SCHOFIELD BARRACKS: 0500-0700 Vet Inspection at TISA then deliver to facility M/W/F Wheeler Army Airfield HHC Ave. BDE, Bldg. 102, Santos Dumont St. (000101) 125th Sign BN Dining Facility (000102) NCO Academy, Bldg. 6056, East Range Wahiawa (000104) QUAD F, Bldg. 650, Foote Ave. (000107) QUAD C, Bldg. 2085, Aleshire Ave. (000108) TISA, Bldg. 2071, Lyman Rd. (WX3JP3) QUAD K Bldg. 780 Smith Ave. (000114)

TRIPLER ARMY MEDICAL CENTER: (WX3JN9) 0800-1100 M/W/F

Loading Dock at B Wing, 1 Jarret White Road, Tripler AMC, HI 96859 Hawaii Job Corp: No set times and days Monday through Friday (169244) Hawaii Job Corps Center, 41-467 Hihimanu St. Waimanalo Oahu

Group 3 Hawaii - Ship Customers (Milk, Dairy, Juice & Ice Cream products) NAVY SHIPS: No set times and days Monday through Friday Navy Ships Docked at Honolulu Pier, Ford Island Pier, Pearl City Peninsula and West Lock Pier in Pearl Harbor.

Deliveries to certain Navy Ships will be required before 6:00 AM. This will be coordinated between the contractor and FLC Pearl Harbor.

When deliveries are going to be late to Navy Ships, the contractor is required to notify the Ship, FLC Pearl Harbor at 808-473-1310/7638/7525/7517 and DLA Troop Support Indo Pacific at 808-306-3422.

CONTRACT ADMINISTRATION DATA

I. CONTRACTING AUTHORITY

A. The DLA TROOP SUPPORT INDO PACIFIC Contracting Officer is the only person authorized to approve changes to, or modify any requirement of, the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the DLA TROOP SUPPORT INDO PACIFIC Contracting Officer.

B. In the event the vendor effects any change at the direction of any person other than the DLA TROOP SUPPORT INDO PACIFIC Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to cover any costs associated with such change.

C. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, shall be submitted to the DLA Troop Support Indo Pacific Contracting Officer.

II. INVOICING

A. Each delivery will be accompanied by the contractor's delivery ticket/invoice. Three (3) copies (an original plus two) shall accompany the shipment. The customer shall sign all copies of the invoices/delivery ticket, keep one (1) copy and return the ORIGINAL copy to the vendor. Any changes must be made on the face of the invoice.

B. All invoicing for payment is to be submitted electronically using the STORES/BSM Reconciliation (Recon) Tool website https://www.stores.dla.mil/stores_web/ (see pages 6 - 7).

No paper invoices shall be submitted to DFAS for payment.

Each invoice shall contain sufficient data for billing purposes. This includes:

1. Contract Number;

2. Call Number or Delivery Order Number or Contract Order Number;

3. Purchase Order Number;

4. Contract Line Items listed in numeric sequence (also referred to as CLIN order);

5. DODAAC;

6. Item Nomenclature;

7. LSN or NSN;

8. Quantity purchased per item in DLA TROOP SUPPORT INDO PACIFIC'S unit of issue;

9. Clearly identified and annotated changes on all copies;

10.Total dollar value of each invoice (reflecting changes to the shipment, if applicable).

C. All invoices must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to its submission.

D. Vendors shall submit one invoice per purchase order.

E. Unit prices and extended prices must be formatted to only two (2) places beyond the decimal point. STORES will not accommodate positions of three (3) and above places beyond the decimal point. For example, an extended unit price of $1.087 must be rounded up to $1.09.

F. Information on the STORES/BSM Reconciliation (Recon) Tool invoicing website: To create an account, go to the website https://www.stores.dla.mil/stores_web/Admin_Logon.aspx. Select New Account Request Form and follow the directions. After registration, you will receive a User Name and Password to access data from your contract. You will then be asked to review data on the website and either post new lines or change existing lines on the site to reflect what was delivered. EDI invoices will be generated, which will be sent to the paying office for payment.

G. Vendor Reconciliation Tool - The STORES/BSM Reconciliation tool is available from the DLA Troop Support Subsistence Website at https://www.stores.dla.mil/stores_web/Admin_Logon.aspx. This tool is only for vendors that have a DLA TROOP SUPPORT contract and are invoicing using the 810 transaction set. Both invoice and receipt information will be available for review on the EBS website by the Market Ready Vendor. In order to view information on this website you must apply for a password. The reconciliation tool will match the customers' receipts to the vendors' electronically submitted EDI 810 invoice. The vendors will be able to see the lines that did not match for review and possible update. A training tool is available on our homepage under Reconciliation Tool training.

H. All vendors are required to obtain a Public Key Interface (PKI) certificate for each individual that will have access to the DLA Troop Support Reconciliation Tool.

III. PAYMENTS

A. DFAS Columbus is the payment office for this acquisition.

Customers are to place orders electronically that will flow through the DLA TROOP SUPPORT ordering system STORES.

B. 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 Products and Commercial Services”, appearing in the section of this solicitation entitled “Contract Clauses”.

C. All offerors must have the ability to accept an 820 transaction set from its financial institution. DFAS Columbus will no longer forward a detailed summary of payment(s). This information will only be available from your bank.

D. Payment is currently being made in approximately ten (10) days after the receipt of a proper invoice; however, payment 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.

E. The Government intends to utilize Electronic Funds Transfer (EFT) to make payments under the resultant contract(s). However, the Government reserves the right to use a manual payment system, i.e. check, if the need arises. Refer to Clause 52.232-33 “Mandatory Information for Electronic Funds Transfer Payment”.

F. VENDOR PAYMENT INQUIRY SYSTEM - ACCESS AT:

The myInvoice system has moved to Wide Area Workflow (WAWF). Contractors/vendors not using WAWF will need to register for WAWF in order to gain access to the new myInvoice functionality. Even invoices not submitted via WAWF will be viewable through this new capability. All new account requests will need to be sent via myInvoice for WAWF. To register in WAWF, please go to https://wawf.eb.mil.

IV. ADMINISTRATION

A. Administration of the contract will be performed by DLA TROOP SUPPORT INDO PACIFIC.

B. Administration of the individual delivery order will be performed by a designated representative at the ordering activity. This includes approving product substitutions and delivery changes.

C. The DLA TROOP SUPPORT INDO PACIFIC Contracting Officer must approve any changes to the contract.

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Statement of Work(Milk, Dairy & Ice Cream Products) I. INTRODUCTION A. The Defense Logistics Agency (DLA Troop Support Indo Pacific) intends to support the needs of its customers by entering into one (1) Indefinite Quantity Contract (IQC) per group to supply fresh Milk, Dairy, Juice and Ice Cream products to the customers stated below. This solicitation contains the estimated requirements for each of the following groups for Troops and Ship customers in the Hawaii area. The solicitation contains three (3) Customer Product Groups: Group 1 Hawaii - Troop Customers (Milk, Dairy & Juice products)Group 2 Hawaii - Troop Customers (Ice Cream products)Group 3 Hawaii - Ship Customers (Milk, Dairy, Juice & Ice Cream products) NOTE: Customers may be added or deleted during the period of the contract. (SEE PARAGRAPH V., ADDITIONAL CUSTOMERS FOR DETAILS) B. This solicitation utilizes the Lowest Price Technically Acceptable (LPTA) Source Selection Process. The length of the contract is sixty (60) months (5 years) including all base and tiers. As part of this selection process, the Agency will incorporate a weighting factor in its evaluation. Said factor will only be applied for evaluation purposes to the Aggregate Distribution Price. Please refer to the…