Attachment 6 - Addendum to FAR clause 52.212-4 HDEC02-24-R-0002.pdf

Addendum to FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services.

(t) DeCA Resale Specific Information.

(1) DELIVERY TICKET INVOICE (DTI). DeCA’s contract writing system regulates clause incorporation. As a result, the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.232-7006 Wide Area Workflow Payment Instructions is in incorporated in this contract. DeCA does not use Wide Area Workflow Payment for resale operations receiving and payment process. DeCA utilizes Delivery Ticket Invoice for resale operations receiving and payment. The following procedures apply:

(i) The daily reconciliation document serves as a receipt and an invoice for bill paying purposes.

(ii) The daily reconciliation documents will be accumulated by the Government, and consolidated, or rolled up, weekly into a single DTI amount. The rollup period may follow a Monday through Sunday or Days of a Month Schedule (Days 1 through 7, 8 through 14, 15 through 21, 22 through 28, and 29 to end of month), but the contractor and the commissary must agree to the rollup method used.

(iii) This consolidated amount will be the amount used for the designated payment period.

(iv) Submission of invoices to the designated paying office shall be furnished to the commissary locations as identified in the schedule of supplies. The following information shall be furnished: Remittance Address, Point of Contact, and Telephone Number.

(2) FORMAL TEAMING ARRANGEMENTS: An award made subject to a teaming or partnering arrangement shall not be changed without written approval from the Contracting Officer.

(3) MILITARY FOOD INSPECTIONS (MFI): The MFI serves as the food safety regulator for the DeCA. The MFI is a representative of the U.S. Army or U.S. Air Force Public Health Command. U.S. Army Public Health Command representatives support commissaries on Army, Navy, and Marine Corps installations. U.S. Air Force Public Health Command representatives support commissaries on Air Force Installations. The primary role of the MFI is regulatory in nature and reinforces federal and DoD food safety and sanitation requirements. In addition to the regulatory role, the Army MFI also performs food inspections as a core mission requirement. Food inspections are performed to determine quality, condition, and wholesomeness. All items sold in the commissary store are subject to inspection by the MFI.

(4) REQUEST FOR EQUITABLE ADJUSTMENTS DUE TO CHANGES IN DEPARTMENT OF LABOR

WAGE DETERMINATIONS: In accordance with FAR Subpart 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts), adjustments to pricing (stated as percentage of patron savings) resulting from mandatory increases in wage rates and health and welfare benefits on applicable U.S Department of Labor (DOL) wage determinations are permissible. An offeror who elects to request price (stated as percentage of patron savings) adjustments shall provide specific information describing how increases or decrease to price (stated as percentage of patron savings) will impact the product cost and patron savings after giving consideration to the most recent annual inflation rate as published on the U.S. Department of Labor Statistics, Consumer Price Index (CPI) table for Food and Beverages. This table can be accessed at www.bls.gov/data/. The response to this issue shall be in sufficient detail to allow for a clear and calculable understanding of the potential impact to DeCA’s patrons. All equitable adjustments should be submitted to the Contracting Officer and courtesy copy Contract Specialist in accordance with the Defense Federal Acquisition Regulations (DFARS) 252.243-7002, Request for Equitable Adjustments (Dec. 2022).

(5) CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSEMS (CPARS): In accordance with FAR

42.1502 (a), Past Performance evaluation shall be prepared at least annually and at the time work under a contract or order is completed for supplies, services, and contingency operations inside and outside of the United States, Effective October 1, 2014, DeCA resale contract actions are not required to be reported to the Federal Procurement Data System (FPDS), which prevents the input and transmission of a contractor evaluation by way of the electronic CPARS. As such, DeCA resale-services contracting implemented a manual performance process for assessing contractor past performance. The manual process is designed to complement existing electronic documentation process, thereby providing a comprehensive framework for evaluating contractor performance.

(6) ENTERPRISE BUSINESS SOLUTION (EBS): Power HQ is the main system that performs as the centralized catalogue and database, and provides DeCA Headquarters and commissary personnel with item, cost, pricing, and data management. Power HQ feeds the stores’ front-end point of sales systems and provides both DeCA and the Contractor with information relevant to determining the dollar amount due to the Contractor from front-end sales

Addendum to FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services.

generated by the products purchased by the patrons at the contractor in-store seafood market resale operations. All items sold through the contracted in-store seafood market resale operations shall be entered into Power HQ. Items not entered into Power HQ will not scan at the point-of-sale. The contractor shall not request store personnel load product information directly into the front-end point-of-sale systems.

The contractor is required to load and maintain current and accurate product data into the seafood scales and systems.

Vendor Portal is the Contractor’s gateway for entering the seafood retail prices into Power HQ. The contractor shall utilize the EBS Vendor Portal to submit the retail price in accordance with the timeframes as specified elsewhere in this contract, and any other details that may be required by DeCA for items under this contract. The contractor is required to comply with all EBS changes throughout the life of the contract at no additional cost to the Government.