ATTACHEMNT 1 -STATEMENT OF WORK (SOW).pdf

SPE300-24-R-0050 BAG-IN-BOX BEVERAGE SOLICITATION FOR CONUS, NAVY SHIPS,

ALASKA, HAWAII, AND GUAM AREAS

SF1449 - CONTINUATION SHEET

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8, Offer due Date/Local Time (continued) OFFER DUE DATE/LOCAL TIME: November 07, 2024, 3:00 P.M. LOCAL PHILADELPHIA TIME Submission via email to the Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil).

BLOCK 9, Issued By DLA Troop Support Subsistence

Address Procuring Agency:

Defense Logistics Agency (DLA) Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation Number: SPE300-24-R-0050 Solicitation Issue Date: October 08, 2024 Solicitation Closing Date: November 07, 2024, at 3:00 P.M., Eastern Time

ADDITIONAL NOTE: Offers must be submitted via email to the Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil) (Be advised that email firewalls and capacity could come into play since only 10MB can be forwarded via email. If your proposal is larger than 10MB, please split your submission into smaller emails.)

Note: Submission of proposals through the upload capability in DIBBs is prohibited.

Note: For the subject acquisition, the Government intends to evaluate offers and award contract(s) without discussions. Therefore, the offeror's initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to evaluate offers and make award(s) without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

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

The Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil) may receive the e-mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, will be designated in that request. Submission of proposals and any revisions are subject to the terms of FAR 52.215-1.

Block 10, This Acquisition is: NAICS: 312111 mailto:Nicholas.Mcdonald@dla.mil mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:Nicholas.Mcdonald@dla.mil mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:Nicholas.Mcdonald@dla.mil mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil

BLOCK 17A Contractor/Offeror (Continued):

Offeror’s assigned Data Universal Numbering System (DUNS) Number (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF1449 or see 52.212-1, Instructions to Offerors-Commercial Items for information on contacting Dun and Bradstreet.)

Offeror’s assigned Contractor and Government Entity (CAGE) Code:

PRIMARY COMPANY POC/NEGOTIATOR

PHONE #:

E-MAIL ADDRESS:

FAX NUMBER:

BLOCK 17B (Continued):

REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE CONTRACTOR HAS LISTED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM).

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its 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.

BLOCKS 19-24 (CONTINUED): SEE STATEMENT OF WORK & SCHEDULE OF ITEMS

(See Attached Excel Spreadsheet)

Contents

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8, Offer due Date/Local Time (continued) BLOCK 9, Issued By Block 10, This Acquisition is: NAICS: 312111 BLOCK 17A Contractor/Offeror (Continued):

BLOCK 17B (Continued):

AUTHORIZED NEGOTIATORS:

BLOCKS 19-24 (CONTINUED): SEE STATEMENT OF WORK & SCHEDULE OF ITEMS

(See Attached Excel Spreadsheet)

CAUTION NOTICE

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR CURRENT WHOLESALE

PRICE LIST OR OTHER DOCUMENTS CONTAINING COMMERCIAL PRICING INFORMATION

WITH THEIR OFFER. ***

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR AGREEMENTS WITH ALL

THEIR INDEPENDENT BOTTLERS THAT WILL BE USED TO SUPPORT OUR CUSTOMERS WITH

THEIR OFFER. ***

INSTRUCTIONS FOR COMPLETING THE COMPANY INFORMATION ON ATTACHMENT 2-

SCHEDULE OF ITEMS EXCEL SPREADSHEET

Contract Specialist & Contracting Officer Caution - Contractor Code of Business Ethics

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

???? DID YOU REMEMBER TO: ????

I. SUPPLIES / SERVICES / PRICES

1. INTRODUCTION

2. CONTRACT MINIMUM/MAXIMUM

3. PRICING

4. SCHEDULE OF ITEMS

5. ADDITIONAL CUSTOMERS

6. CONTRACTING AUTHORITY

7. SWITCHING CONTRACTOR(S)

8. BEVERAGE DISPENSING EQUIPMENT

9. DUAL POUR CUSTOMERS

10. MINIMUM ORDER QUANTITY

II. PACKAGING AND LABELING

III. INSPECTION AND ACCEPTANCE

1. Point Of Inspection And Acceptance

2. PRODUCT QUALITY

3. CONTRACTOR QUALITY PROGRAM

4. WAREHOUSING AND SANITATION PROGRAM /STORED PRODUCT PEST MANAGEMENT . 21

5. CONTRACTOR QUALITY AUDITS

6. RECALL PROCEDURES REQUIREMENTS

7. FOOD DEFENSE/FORCE PROTECTION

8. WARRANTIES

9. REJECTION PROCEDURES

10. ORDER AND DELIVERY CANCELLATIONS

IV. ORDERING AND DELIVERIES & PERFORMANCE

1. TERMS OF INDEFINITE QUANTITY CONTRACT

2. DELIVERY INSTRUCTIONS

3. DELIVERY VEHICLE REQUIREMENTS

4. NO SUBSTITUTIONS

5. HOLIDAYS

6. EMERGENCY ORDERS

7. AUTHORIZED RETURNS

8. SHORT SHIPMENTS/SHIPPING ERRORS

9. DELIVERY

10. SITE VISITS

11. ORDERING SYSTEM

12. ORDER PLACEMENT

13. PURCHASE ORDER

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

15. INVOICING / PAYMENTS

16. PAYMENT

IV. CONTRACT ADMINISTRATION DATA

V. SPECIAL CONTRACT REQUIREMENTS

1. NON-COMPETE PROVISION

Financial Improvement Audit Readiness (FIAR) Policy

2. THIRD PARTY SUPPLIERS:

3. TAX CERTIFICATION

4. MANAGEMENT REPORTS

VI. OTHER SUBMISSION REQUIREMENTS

MILITARY CUSTOMER DELIVERY POINTS

CAUTION NOTICE

This procurement is being solicited under the Federal Acquisition Regulations FAR part 12 – Acquisition of Commercial Items, and FAR 13.5 as unrestricted using simplified acquisition procedures. Solicitation SPE300-24-R-0050 is for full-service Bag-In-Box Beverage products delivery to Land and Ships Customers in the Continental United States (CONUS) and Alaska, Hawaii, and Guam. The contract period will be for fifteen (15) months or Seven Million dollars ($7,000,000.00) whichever comes first.

THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.

The acquisition will be a negotiated procurement utilizing the Best Value, Low Price award methodology. Offerors must be determined technically acceptable, by providing proof of performing same /similar contracting in value and scope (providing service, equipment, and product). Pricing must be determined fair and reasonable. The Government intends to award multiple contracts based on offers received in each item category (Carbonated and/or Non-Carbonated). Each contract, regardless of offeror’s choice of Carbonated and/or Non-Carbonated category or both categories serviced must include all customer locations (Land and Ships Customers in the Continental United States (CONUS) and Alaska, Hawaii, and Guam. All contracts will be for a 15-month period or $7,000,000.00 total combined, whichever comes first. Failure to indicate acceptance by annotating offered unit prices (which will be evaluated on a gallon per gallon basis), as described in the Schedule of Items, may be deemed as non-acceptance of the terms and conditions, and may result in rejection of the offeror’s entire proposal. An exception to this would be not providing a unit price for the line item that includes Touch Screen Dispenser equipment.

All products must be produced and manufactured in the United States in accordance with DFARS 252.225-7012.

OFFERORS ARE CAUTIONED TO TAKE EXTREME CARE WHEN PREPARING PROPOSALS

IN RESPONSE TO THIS SOLICITATION. ALL TERMS AND CONDITIONS SHOULD BE

REVIEWED CAREFULLY. ITEM DESCRIPTION/SPECIFICATIONS AND SPECIFIC

DELIVERY LOCATIONS ARE LISTED IN THIS SOLICITATION. HOWEVER, THE

GOVERNMENT RESERVES THE RIGHT TO ADD OR DELETE CUSTOMERS OR ITEMS AS

MILITARY NEEDS CHANGE.

*** FIRMS CAN OFFER ON ONE OR MORE BEVERAGE CATEGORIES (CARBONATED

/ NON-CARBONATED), AND MUST BE ABLE TO DELIVER TO ALL CUSTOMERS IN EACH

SPECIFIC CUSTOMER GROUPING (E.G. LAND AND SHIPS CUSTOMERS IN THE

CONTINENTAL UNITED STATES (CONUS) AND ALASKA. CARBONATED BEVERAGES

INCLUDE ANY CARBONATED PRODUCTS SUCH AS

SPE300-24-R-0050 BAG-IN-BOX BEVERAGE SOLICITATION FOR CONUS, NAVY SHIPS, ALASKA,

HAWAII, AND GUAM AREAS

COLA, DIET COLA, LEMON-LIME SODA, ETC. NON-CARBONATED BEVERAGES INCLUDE ANY

NON-CARBONATED PRODUCTS SUCH AS ICED TEA, SPORTS DRINKS, FLAVORED WATERS,

JUICE BEVERAGES THAT CONTAIN LESS THAN 100% FRUIT JUICE, WITH THE EXCEPTION OF

CRANBERRY JUICE COCKTAIL OR CRANBERRY BLEND JUICE COCKTAILS WHICH CAN

CONTAIN A MAXIMUM OF 20% FRUIT JUICE AS PER 21 CFR PART 101.30. JUICES, DEFINED AS

CONTAINING100% JUICE EXCEPT FOR CRANBERRY (I.E., 21% OR HIGHER JUICE

CONCENTRATION), IS NOT COVERED UNDER THIS SOLICITATION NOR WILL IT BE PROVIDED

UNDER ANY CONTRACTS ISSUED UNDER THIS SOLICITATION. ***

The Government intends to award to the responsible offeror(s) that conform to the solicitation requirements, and that offer fair and reasonable prices as determined by the Contracting Officer. The Government expects to make multiple awards. After awards, DLA customers will have the flexibility to choose among the successful Contractor(s) for Carbonated and/or Non-Carbonated item categories or both. In choosing a Contractor(s) to supply its Bag-In-Box beverage needs, customers are expected to consider price, flavor selection, service, and other factors. Customers may also choose to switch suppliers among the successful offerors during contract performance. Further details on switching suppliers are available under Statement of Work, section I, paragraph 7.

In accordance with FAR 4.1103, it is mandatory that in order to do business or continue to do business with any DoD Agency, Contractors/offerors must be actively registered in the System for Award Management (SAM). For registration information or assistance, visit the SYSTEM FOR AWARD MANAGEMENT website https://www.sam.gov

See Also “Deliveries and Performance” section under STATEMENT OF WORK.

Taking exception to any of the terms and conditions of the solicitation may deem your proposal technically unacceptable and may preclude consideration for award. An exception to this would be providing a unit price to the line item for Touch Screen Dispensers.

The requirements for Clause 52.222-37 (see Addendum to FAR 52.212-5), Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212) mandate annual reporting of certain statistics on a form titled "Federal Contractor Veterans' Employment Report VETS-100."

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR CURRENT

WHOLESALE PRICE LIST OR OTHER DOCUMENTS CONTAINING COMMERCIAL PRICING

INFORMATION WITH THEIR OFFER. ***

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR AGREEMENTS WITH

ALL THEIR INDEPENDENT BOTTLERS THAT WILL BE USED TO SUPPORT OUR

CUSTOMERS WITH THEIR OFFER. ***

***PROPOSED PRICES SHALL BE FOB DESTINATION ONLY***

***In order to accommodate the Government’s ordering system (Subsistence Total Order and Receipt Electronic System -STORES), unit prices are limited to a maximum of 2 places after the decimal point (reference Clause DLAD 52.214-9008 “Rounding Off of Offer and Award Price”). *** https://www.sam.gov/

SPE300-24-R-0050 BAG-IN-BOX BEVERAGE SOLICITATION FOR CONUS, NAVY SHIPS, ALASKA,

HAWAII, AND GUAM AREAS

INSTRUCTIONS FOR COMPLETING THE COMPANY INFORMATION ON ATTACHMENT 2-

SCHEDULE OF ITEMS EXCEL SPREADSHEET

For instructions on completing the below information see attached Excel Spreadsheet tab titled “Instructions”

Please see attached Excel Spreadsheet tab titled “Company Information” and complete the required information.

• Company name and address, cage code, DUNS number, and Authorized Negotiator information

• Customer Service Points of Contact

• Ordering Capability and Points of Contact for Ordering and Invoicing/Payment

• Provide the Local Bottler Contact information to include Name and Region, address, and phone # with your offer.

• Provide a copy of your company's current Wholesale Price list or other documents containing

Commercial Pricing information. (NOT in the Excel spreadsheet BUT as an attachment to your offer).

*OFFERORS MUST SUBMIT PRICING ON AT LEAST ONE CATEGORIES AND ALL ITEMS IN

THAT CATEGORY MUST BE PRICED*

Please see attached Excel Spreadsheet tab titled “Bag-In-Box - Schedule of Items” and complete the required information.

• Schedule of Items - Unit Price, which is the price per gallon (TWO decimal places only)

Please see attached Excel Spreadsheet tab titled “Flavors –Category Description” and complete the required information.

Full Item Description for each item (BEV BASE, COLA, (Brand) name of the product, 5-GAL BIB) Product Code for each item

*FAILURE TO CORRECTLY AND COMPLETELY PROVIDE THE INFORMATION ABOVE

COULD LEAD TO YOUR COMPANY’S BID BEING CONSIDERED NON- RESPONSIVE AND IT

WILL NOT BE EVALUATED FOR AWARD. PROVIDING THIS INFORMATION IS NOT

OPTIONAL, IT IS REQUIRED.

An exception to this would be not providing a unit price for the line item that includes Touch Screen Dispenser equipment.

SPE300-24-R-0050 Attachment # 1 – Statement of Work (SOW)

If you have any questions, please contact the Contracting Officer that is associated with this procurement. Contact information is provided below for your convenience.

Contract Specialist & Contracting Officer

Contracting Specialists:

Nicholas Mcdonald 215-737-2672 Nicholas.Mcdonald@dla.mil

Zoraya Wilson 215-737-9235

Zoraya.Wilson@dla.mil

Contracting Officer/Division Chief SMSG:

Jacob Slotnick 215-737-4514

Jacob.Slotnick@dla.mil

Caution - Contractor Code of Business Ethics

FAR Part 3.1002(a) requires all government Contractor(s) to conduct themselves with the highest degree of integrity and honesty. Contractor(s) 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, Contractor(s) 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(s) 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(s) 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(s) 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, Contractor(s) must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and https://www.govinfo.gov/link/uscode/31/3727 https://www.govinfo.gov/link/uscode/41/7101

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— https://www.govinfo.gov/link/uscode/31/3903 https://www.ecfr.gov/current/title-5/part-1315 https://www.govinfo.gov/link/uscode/31/3903 https://www.ecfr.gov/current/title-5/part-1315 https://www.govinfo.gov/link/uscode/41/7109

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause) https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/18/431 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/41/8701 https://www.govinfo.gov/link/uscode/49/40118 https://www.govinfo.gov/link/uscode/41/2101 https://www.govinfo.gov/link/uscode/31/1341

???? DID YOU REMEMBER TO:????

Number Reminder Check

1 Complete and sign SF1449 as required?

2 Sign and return any/all amendments?

3 Complete the Cage Code and DUNS number?

4 Forward your proposal and Schedule of Items w/pricing via email to the

Contracting Officer?

5 Complete and return “Company Information”; “Bag-In-Box - Schedule of Items”;

“Flavors–Category Description” on the formatted spreadsheets in accordance with the instructions?

Email the Solicitation with completed fill-ins along with your Pricing Excel Spreadsheet as your offer including any signed Amendments.

6 Read Addenda:

52.212-1 (Instructions to Offerors – Commercial Items), 52.212-2 (Evaluation – Commercial Items), and 52.212-4 (Contract Terms and Conditions–Commercial Items) very carefully to assure you prepare your Non-Price and Price Proposals in accordance with the evaluation criteria?

7 Fill in Place of Performance (FAR 52.215-6)?

8 Submit your best offer?

9 Submit a copy of current Wholesale Price List?

10 Submit a copy of agreements with All Independent Bottlers?

11 Submit a Small Business Subcontracting Plan if your firm is a large business?

12 Check your calculations for accuracy on your Price Proposal/Excel Spreadsheet-

Schedule of Items?

13 Identify your authorized negotiators as required? Identify negotiator?

14 Complete solicitation fill-ins at:

52.212-3 -- Offeror Representations and Certifications Commercial Items?

CAUTION: The above checklist is for convenience purposes only. This list is not intended to be all- inclusive. Offerors are responsible for carefully reviewing the entire solicitation to ensure proper submission of all required information.

STATEMENT OF WORK

I. SUPPLIES / SERVICES / PRICES

1. INTRODUCTION

A. The Defense Logistics Agency Troop Support (DLA Troop Support) intends to enter into and establish Indefinite Quantity/Indefinite Delivery type contract(s) for the supply and direct delivery of Carbonated and Non-Carbonated beverage products for the customers supported by this solicitation.

B. This is an unrestricted acquisition for Beverage Base (Bag-In-Box Carbonated, Non-

Carbonated, Electrolyte and Juice Drinks containing </= 20% Juice) for delivery to DOD and non-DOD customers and Navy/Coast Guard Ships in the Continental United States (CONUS), Hawaii, Alaska, and Guam. In addition to Bag-In-Box products, successful offeror(s) shall supply the necessary dispensing equipment and CO2. (Exception: Navy customers will order CO2 separately due to funding issues specific to the Navy.)

C. The resultant contract(s) will be Fixed Price Indefinite Quantity Contract(s) (IQC) that provide 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(s) (FAR 16.504(a)).

D. The contract period will be for fifteen (15) months or Seven Million dollars ($7,000,000.00)

NOTE: Offering on at least one category is mandatory.

E. Items will be routinely delivered in accordance with electronic orders (Subsistence Total Order and Receipt Electronic System -STORES) placed by individual customers. The current customer delivery points for each location are set forth on pages 39-61. Delivery on all products is required via commercial delivery vehicle and shall be in accordance with standard commercial practice.

F. Award(s) will be made based on the fair and reasonable price determination of proposals meeting all terms and conditions of this solicitation. Awardee(s) will be responsible for delivering a full line of Bag-In-Box beverage products for each DLA customer. Multiple awards may be made. In the event of multiple awards, individual DLA customers will have the option to choose among the successful Contractor(s). Customers are expected to make that determination considering factors such as price, flavor selection, flavor preference, etc.

2. CONTRACT MINIMUM/MAXIMUM

A. The guaranteed minimum will be $175,000 for each resultant contract under this solicitation.

During contract performance, customers will be free to choose which awardee(s) they will use.

Contract award does not guarantee sales above the aforementioned guaranteed minimum. This guaranteed minimum is per contract awarded under this solicitation.

B. The maximum ceiling on the resultant contracts is fifteen (15) months or Seven Million dollars

($7,000,000.00) whichever comes first. The maximum value is inclusive of the total requirement and the total value of all contracts to be awarded will not exceed $7,000,000.00 or 15 months.

3. PRICING

A. Contract prices will be firm fixed unit price for all items within a category of items

(Carbonated and/or Non-Carbonated) for the contract period of fifteen (15) months or Seven Million dollars ($7,000,000.00) whichever comes first. The Unit Price is the price that is charged for a product delivered to a DLA customer. Prices are to be submitted by Gallon.

Contractor(s) will supply commercially standard Bag-In-Box sizes (2.5-, 3-, or 5-gallon BIBS) priced according to the awarded gallon price.

Note: The minimum order quantity is 5 bibs per order. One CO2 canister will be permitted to be ordered per Purchase order. If the customer requires more than one CO2 canister, then an additional BIB order shall be placed. All costs supporting our customers with CO2 shall be included into the unit cost of the BIB. Non-delivery of a Carbon Dioxide (20 lbs. C02) container per purchase order is not acceptable.

Note: Offering Multiple Unit Prices for the same line item are not permitted, except when providing pricing for the touch screen equipment option

B. Line items must be available on the STORES catalog in order to be ordered and delivered.

Items not on the STORES catalog cannot be ordered from the Contractor(s), and the Contractor(s) shall not deliver items that are not on the electronic catalog. Payment will not be made for items not appearing on the catalog at time of order.

C. For the subject acquisition, the Government intends to evaluate offers and award contract(s) without discussions. Therefore, the offeror's initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct negotiations if necessary. Negotiations may include phone, email, facsimile transmission, letter, and face to face meetings. However, any information provided during negotiations, including changes to the initial offer, must be submitted in writing and transmitted to email by the time and date specified at the time of Final Proposal Revisions.

Information not submitted to email by the specified date and time may not be considered by the Government during final negotiations.

4. SCHEDULE OF ITEMS

A. In lieu of specific beverage products, this solicitation includes categories of items (Carbonated and Non-Carbonated) annotated with flavors commonly available commercially. Offerors will specify their specific flavors/products for each category. The precise schedule or list of items will be determined according to the specific flavors/products proposed by the offeror and awarded by the Government.

The electronic catalog will be established in the Subsistence Total Order and Receipt

Electronic System (STORES) and will be comprised of individual stock numbers and nomenclatures for each of the awarded flavors/products.

***The Government may add, delete, or replace items on the contract as customer needs change by written notification from the customer to DLA and the Contractor(s).

The price of an added line item will be the same as the contract price for the item category corresponding to the new item. (For example, the post-award addition of a new carbonated soda flavor will be priced at the carbonate category price.) Items will be added to the contract and STORES catalog upon written agreement between the Contractor(s) and Contracting Officer.

B. Additional line items and associated quantities may not increase the combined value of the contracts above the maximum of Seven Million dollars ($7,000,000.00).

C. A written request must be submitted to the Contract Specialist/Contracting Officer to process a written request remove an item from the contract catalog.

5. ADDITIONAL CUSTOMERS

A. The Government reserves the right to add DoD and non-DoD customers at any time with no additional cost to the Government.

B. The set-up period to include site survey and equipment installation for new customers will be a maximum of 14 days.

C. Anticipated quantities/ sales from new customers may not exceed the contract maximum.

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

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

6. CONTRACTING AUTHORITY

A. The DLA Troop Support 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 Contracting Officer.

B. In the event the Contractor(s) effects any change at the direction of any person other than the

DLA Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will be made to cover any costs associated with such changes.

7. SWITCHING CONTRACTOR(S)

A. If multiple Bag-In-Box contracts are awarded, individual DLA customers may choose to switch BIB Contractor(s) at any time after an initial 12-month period; customers may not switch from one supplier to another more than once per 12 months. A customer may switch Contractor(s) by providing a minimum of 30 days’ notice to the current servicing Contractor(s) as well as the Contracting Officer or a lesser timed notice so long as it is mutually agreed to between the customer and the Contractor(s). The outgoing Contractor(s) must remove its dispensing equipment from the premises within seven (7) days after switching Contractor(s). The Government will not be responsible for dispensing equipment that is not picked up by the Contractor(s). The notification for switching Contractor(s) must be done in writing by the customer to the DLA Contracting Officer.

8. BEVERAGE DISPENSING EQUIPMENT

The Contractor(s), at no charge to the Government, shall furnish mechanically refrigerated standard Soda Fountain dispensing equipment with multiple valves suitable for use with its Bag-In-Box products. Sufficient machines/dispensing heads shall be supplied to accommodate the specific requirements of the dining facility in which they are installed. The number of dispensers per dining facility will be determined at the time of installation based on individual dining facility’s needs.

A. For all item categories (Carbonated and Non-Carbonated): The Contractor(s) shall furnish the dispensers and all equipment, material, and labor required to furnish, install, maintain, and remove the same. During installation the Contractor(s) shall furnish adequate instruction in the use of each system, including connection and disconnection of the syrup and carbon dioxide (CO2) containers to all DLA customers, to the dining facility personnel in each dining facility serviced as a result of this solicitation.

B. Any equipment or material furnished for the purpose of dispensing these beverages shall remain the property of the Contractor(s).

C. The Contractor(s) shall provide a technically qualified service representative who will install, service, and repair the Contractor(s)’ equipment as required. In the event of problems/issues with dispensing equipment, Contractor(s) shall use reasonable efforts to provide emergency service. If same-day service cannot be accomplished, the problem must be addressed within one business day after notification of the issue.

NOTE: The Contractor(s) shall respond to maintenance request tickets from DLA customers within 24 hours.

D. The Contractor(s) shall maintain all reusable CO2 containers and equipment in a sanitary condition and in a good state of repair and working order. The Contractor(s) shall remove from the premises of the Government all empty reusable CO2 containers, unless there is an agreement between the Customer and the Contractor(s) Contracting for less frequent removal.

The Government shall not be liable for any damage to, or loss or destruction of containers and equipment furnished by the Contractor(s).

NOTE: The Contractor(s) is not responsible for purging water lines or changing any water filters or damage/unserviceable electrical outlets. Water lines or water filtration is the responsibility of Facility Maintenance.

E. Where dispensers are Government-furnished, the Contractor(s) shall furnish CO2 and maintenance and repair and service of the equipment, but not spare parts. Upon the request of the covered customer, the Contractor(s) will furnish a list of recommended spare parts for storage by the Government. In the event of a service issue, if the Contractor(s) is unable to restore the equipment to proper working order, the customer will have the option to get a

Contractor(s) approved post-mix dispenser or ancillary equipment.

F. All management, labor, transportation, and supplies required to repair and maintain Contractor(s)’ equipment shall be the sole responsibility of the Contractor(s).

G. A new line item adding Touch Screen Dispensers will have the same requirements as those listed above paragraphs A thru G, except that the Contractor(s) is not required to provide this type of dispensing equipment.

H. If the Soda Fountain dispensing equipment is vandalized or tampered with the contractor(s) shall not be liable for the cost of the repairs.

9. DUAL POUR CUSTOMERS

A. Some customers may require “dual pour”, in which two or more Contractor(s) provide product to enhance customer choice. Each Contractor(s) will be responsible for maintaining and servicing their equipment.

B. CO2 must be ordered from the same supplier that is providing the ordered product. For example, Contractor “A” will provide pricing to fulfill order needs only for Contractor “A” products. Customers may not utilize CO2 from one Contractor for products from another Contractor. DLA Troop Support will not be responsible for any charges stemming from CO2 that was ordered and/or used from the incorrect supplier.

C. There shall be no price adjustment made if customers decide to utilize “dual pour”.

D. Services and maintenance required must be received from the correct and appropriate supplier. If wrong supplier is dispatched by the customer for service or maintenance needs, DLA Troop Support will not be responsible for the charges incurred.

10. MINIMUM ORDER QUANTITY

A. The minimum requirement is 5 individual Bag-In-Box (BIB) products per purchase order.

Standard sizes include 2.5 gallons, 3 gallons and/or 5 gallons. For purposes of the minimum order quantity, individual BIB size does not matter. Minimum order is any size/flavor combination of 5 BIBs. This is true if customers are ordering from a single Contractor or multiple Contractor(s) (i.e., “dual pour” - for example, 5 Beverage-In-Box products must be ordered from Contractor “A” and 5 Beverage-In-Box products must be ordered from Contractor “B”).

Orders falling below the minimum are not required to be honored by Contractor(s).

II. PACKAGING 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. Standard commercial markings for individual packages will be used to clearly mark and identify the nature of contents and the expiration date. All markings shall be clear, legible, non-fading, and durable.

C. All items must be adequately protected at all times and inclement weather.

III. INSPECTION AND ACCEPTANCE

1. Point Of 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 authorized inspector at each delivery point 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 delivery driver. A signature on the delivery ticket/invoice denotes acceptance of the product.

E. Title of all products purchased for the Government remains with the Contractor(s) during the shipment, and title passes to the Government when products are inspected at final delivery point. All deliveries shall be FOB Destination to the end user delivery points. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charge involved in the actual delivery of the supplies to the final destination. The Contractor(s) shall pay and bear all charges to the specified point of delivery. For complete definition of FOB destination, see FAR 52.247-34, “FOB Destination.”

F. Security Clearance: Many bases currently require enrollment in Rapid Gate and will not allow entry without Rapid Gate or other similar security clearance. During the contract implementation period, the Contractor(s) must contact all customer locations to determine whether enrollment in Rapid Gate or another security program is required for access to each location.