BPA Terms and Conditions (SOW).docx

BLANKET PURCHASE AGREEMENT

SPE303-20-Q-0057

FOR BAKERY PRODUCT FOR US DINING FACILITIES LOCATED AT CAMP BONDSTEEL, KOSOVO, FORMER REPUBLIC OF YUGOSLAWIA

VENDOR: TBD

EFFECTIVE DATE: 25 September 2020 EXPIRATION DATE: 24 September 2023

Index:

SECTION I - SCHEDULE OF SUPPLIES AND/OR SERVICES

Description of the Agreement

a. The Vendor shall furnish bakery products, as outlined in Attachment 1 to this agreement if and when requested by the Government, from 25 September 2020 through 24 September 2023 or otherwise through the date of expiration or cancellation, whichever occurs first.

b. All items delivered to US Dining Facilities shall be produced, processed and prepared in accordance with the highest commercial standard practices, shall conform to those products the contractor offers for resale in European outlets, and shall be produced in an approved production facility. The vendor shall only provide the products as indicated in Attachment 1 of this agreement or its modifications.

Reporting

N/A

Blanket Purchase Agreement

. a. The Vendor’s authorized official shall sign and date this Agreement at blocks 30 a, b and c of the Standard Form 1449 and forward by fax or e-mail to:

Mannheimerstrasse 218/219 67657 Kaiserslautern, Germany Giovanni.Gironda@dla.mil

c. The Contracting Officer will sign, date and return one (1) copy of the BPA to the Vendor. This Agreement does not become effective until signed by the Contracting Officer.

SECTION II - AUTHORITY TO PLACE CALL

Ordering Activities

A list of activities authorized to place calls within the STORES Ordering System for items authorized under this BPA are identified in Attachment 2 to this BPA.

Extent of Obligation

The Government is obligated under this Blanket Purchase Agreement only to the extent that authorized calls are actually placed. Only those items specifically listed in this Agreement are authorized for delivery. Navy personnel are not authorized to order or accept products other than those listed in this Agreement. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the supplier and may result in non-payment as well as cancellation of this agreement. Items authorized for delivery under this agreement must be produced only in the production plants, which have been specifically approved for this purpose. Delivery of products, which were not produced in approved plants, shall be at the risk of the supplier and may result in non-payment as well as cancellation of this agreement.

Call Limitation

DLA Troop Support Contracting Officers may place calls for any items under this BPA up to the Simplified Acquisition Threshold of $250,000. An individual call placed by an authorized ordering officer through STORES shall not exceed $10,000 when placed for a designated activity identified in Attachment 2 to this BPA.

Call Number

All orders against this BPA must be placed through the STORES ordering system, which initiates a FAX to the vendor. Fax Orders will indicate a PIID number (e.g.,SPE30318F2442), Contract Number and Purchase Order

SECTION III – ORDERING

Ordering Procedures and Limitations

a. Ordering under this BPA shall generally be accomplished in writing by fax (3) calendar days prior to the required delivery date with:

Company:

Cage Code:

Address:

Telephone:

Fax:

POC (orders):

E-mail:

Mobile/Cell:

POC (contract):

Telephone/Cell:

b. At the time of receipt of an order from an authorized ordering activity, an order/call number will be furnished by that activity. Order/call numbers must be placed on the delivery ticket-invoices by the supplier.

c. Failure to include the order/call number on the delivery ticket/invoices will adversely impact the expeditious processing of payments.

d. Ordering activities shall place orders at least three (3) calendar days prior to the required delivery date.

d. One Invoice and Delivery Ticket per each delivery

e. Changes to or cancellation of orders shall be placed two (2) days prior to required delivery date.

f. Ordering under this BPA shall be accomplished through the Stores System and all orders need to be placed on Monday through Friday before 12:00 hours Central European Time (C.E.T.).Orders placed after 12:00 pm will be considered as placed on the following day. Order placed after 12:00 on Friday's will be seen as placed on the following Monday.

Right to Award other Contracts and Orders

The Government reserves the right to award contracts and orders to other companies for like supplies and/or services during the same performance period as this Blanket Purchase Agreement.

SECTION IV - PERFORMANCE, AND DELIVERY

Period of Performance

This Agreement shall remain in effect from 25 September 2020 through 24 September 2023 and shall last for a period of three (3) years, or otherwise until terminated or cancelled, whichever occurs first. Termination can be requested in writing with a notice of 30 days in advance by either party.

Place of Performance

All supplies and/or services required under this agreement shall be provided to the location specified in each call.

Delivery Locations

A list of addresses/delivery locations is provided in Attachment No. 3 to this BPA. Delivery of all items under this Agreement shall be F.O.B. destination and shall be shipped “All transportation costs prepaid”.

Deliveries

a. All calls placed under this BPA shall be shipped complete. No partial shipments will be accepted.

g. All deliveries shall be made as indicated by the BPA caller when the call is placed, subject to the limitations outlined in this Blanket Purchase Agreement.

h. All ordering activities shall place orders at a minimum of three (3) calendar days prior to the required delivery date.

d. Minimum order Limitation: Minimum Order value per individual call of: € 50.00

a. Delivery days are restricted as follows: Monday through Friday 0700 - 1500 HRS

Packaging/Marking:

a. Cartons and/or boxes used for transportation shall be in such condition to protect the products against damage and deterioration, and will meet all carrier requirements to insure safe arrival at destination.

b. Packaging and packing will be in accordance with the highest commercial standard practices, and will conform to those products the contractor offers for resale in European outlets and/or for export.

c. Vans used for transportation will meet all carrier requirements to ensure safe and sanitary arrival of good at destination and meet product temperature requirements.

d. The Government reserves the right to inspect and test at any reasonable times all plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract.

e. If palletized deliveries are made, one-way pallets are to be used.

f. Standard commercial markings for individual packages will be used to clearly mark and to easily identify the nature of contents and the expiration date.

g. Individual packages shall show the following outside markings:

h. Shipping containers (cartons/boxes) shall show the following outside markings:

(1) Contractor’s Name and Address (Brand Name)

(2) BPA Number as assigned

(3) Net Weight of Shipping Container

(4) Quantity

(5) Item Nomenclature

(6) Stock Number as assigned

(7) Date of Product produced

(8) Name and Address of Production Plant / Establishment Number

Test Samples:

US Veterinarian Food Inspection Personnel may take samples from delivered quantities at any time for the purpose of submission to the Commander, Vet Lab Europe, CMR 402, APO AE 09180.

Testing will be performed IAW requirements of AE 40-70 which is provided to the contractor upon veterinarian inspection.

Licenses:

The Supplier is responsible for obtaining any necessary export/import licenses including certificates for sanitation that may be required by the Government of the country into which his supplies are being imported. The Contractor is also responsible for complying with all applicable laws relating to production, handling, shipping and importing of the supplies purchased.

Acceptance/Rejection of Products

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

(b) Rejection may occur for the following reasons:

(1) Nonconformance to sanitary and/or medical standards

(2) Nonconformance to terms and conditions listed in this contract

(c) All or part of delivered quantity may be rejected depending on the criticality of the Nonconformance.

(d) A price adjustment (PA) may be determined by the Contracting Officer, as consideration, for any or for all minor nonconforming products.

ONLY THE CONTRACTING OFFICER HAS THE AUTHORITY TO MAKE DECISIONS CONCERNING NONCRITICAL NONCONFORMANCE.

SECTION V - PRICING AND PAYMENT

Prices

The prices for the items required under this BPA are provided in Attachment 1 and will be included in the STORES ordering catalog following award.

Price Changes

a. Prices shall be firm for a twelve (36) months period.

b. If the supplier desires an economic price increase for any of the costs comprising contractor’s price after the initial price quoted, the contractor is required to identify such cost elements in writing and furnish appropriate data explaining the changes.

c. If approved, the price increase shall become effective 30 days following the receipt of the proposed increase by the Contracting Officer, but not before the contract has been modified by a supplemental agreement, signed by both parties.

d. If during the effective period of this BPA any element of price will become lower or more advantageous to the US Government, the contractor shall notify the Contracting Officer in writing. When an offer for price reduction is received by the Contracting Officer, the lower price will be in effect as of the date cited in the supplemental agreement (modification) issued to the supplier.

Delivery Ticket Invoicing Procedures

a. All shipments under this contract/agreement shall be accompanied by delivery ticket-invoice, which shall contain the following information:

(NSN Stock number)

b. The DTI (Delivery ticket-invoice) document shall consist of an original (1) and one copy. The purchase order and call number must be provided by the ordering activity through the STORES system when a delivery is requested.

c. Upon delivery, receiving installation will verify all information on the delivery ticket-invoice against the requested and received supplies. All discrepancies with the order shall be resolved with the vendor. All receipt discrepancies shall be annotated on the delivery ticket-invoice. All erasures or changes on delivery ticket-invoices must be initiated by the authorized receiving personnel.

d. The DTI must be certified with date and original signature by receiving official.

e. Title and telephone number of the receiving official shall be typed, stamped or printed legibly underneath the original signature.

f. The receiving official shall process receiving/acceptance in the STORES system.

Invoicing & Payment

a. Vendor shall accomplish invoicing by logging onto the Market Ready EDI invoicing WEB page at:

https://www.stores.dla.mil/stores_web and follow system instructions.

b. Invoices will be paid by:

c. Payments shall be made by electronic bank transfer to:

d. Payment Terms: 30 DAYS NET