DRAFT Terms and Conditions RFI.docx

FRESH MILK & DAIRY AND UHT MILK EUROPEAN AOR

TERMS & CONDITIONS

INTRODUCTION

a. The Vendor shall furnish supplies and/or services, as outlined in this Solicitation, if and when requested by the Government, from XX XXX XXXX through XX XXX XXXX or otherwise through the date of expiration or cancellation, whichever occurs first.

b. The new Agreement shall remain in effect from the date specified and shall last for a period of 3 (three) 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.

c. This Blanket Purchase Agreement contains the estimated fresh milk, dairy and UHT milk requirements for all DLA Troop Support Europe & Africa customers located and/or deployed within the following countries:

EU Member Countries:

Germany, The Netherlands, Belgium, Luxemburg, United Kingdom (England, Scotland & Northern Ireland), Ireland, Poland, Latvia, Estonia, Lithuania, Sweden, Finland, Denmark, France, Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Slovenia, Slovakia, Czech Republic, Hungary, Romania, and Bulgaria.

Non-EU Member Countries are included:

Macedonia, Kosovo, Montenegro & Norway

The following Eurasian Country is included:

Turkey

The specific list of delivery locations can be found in attachment 2.

d. Subject to the terms and conditions hereinafter set forth, the Contractor shall furnish fresh Milk and Milk Products, if and when required, as outlined in this instrument and in accordance with the “Commercial Item Description for Drinking Milk and Milk Products” dated 01 June 2016, attached hereto (see Attachment No. 3)

PRICES

Prices for each item indicated in Attachment No. 1 of this BPA shall be FOB Destination only.

PRICE CHANGES

a. Any item price variation shall require 45 days advance notice to all allow for administrative processing of the following:

REQUIREMENTS

Electronic Invoicing by Suppliers via Electronic Commerce/Electronic Data Interchange: All suppliers are required to process invoices electronically. An electronic invoicing system expedites payments by providing a real time system for invoice processing. In an effort to ensure that your firm is paid promptly for products that you supply, the Government wants to utilize the best business practices available. The business practices of today reflect increased utilization of Electronic Commerce/Electronic Data Interchange providing more timely and cost effective ways of information exchange. DLA Troop Support Europe & Africa, Local Market Ready is migrating towards greater use of electronic mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone and Enterprise Business System (EBS) initiative. EBS conforms to a strict adherence of detailed line item payments in concert with the order. The manual paperwork will no longer be an acceptable way to invoice. Invoices need to be submitted for payment promptly after delivery. Our intention is to provide you a quick and easy way to submit your invoices for payment and to help ensure prompt and accurate payments. Efforts have been underway for some time to bring a resolution for you to be able to accomplish Electronic Data Interchange with the invoices. Alternatives available are:

a. The STORES/EBS Reconciliation (Recon) Tool web application is used to submit your invoices electronically. This system can be found on the DLA Troop Support web page for subsistence, https://www.stores.dla.mil/stores_web/default.aspx. You will be issued a User ID and Password, after properly registering for this site. This application will allow you to see receipts/orders on the website from customers, for your contracts only. You can review the receipt/order and, if in agreement, you will simply type in an invoice number to submit your invoice to Defense Finance and Accounting Services (DFAS). This receipt information is available at this website for 8 weeks. The system will be updated daily from the receipt files. Invoices submitted using this web site will generate an EDI invoice to flow through the paying process at DFAS. If you need additional information on electronic or alternate electronic invoice processing contact your DLA Troop Support Europe & Africa Contract Specialist for further information. DLA Troop Support Europe & Africa Contract Specialist will assist your company in training the respective personnel using this system, if necessary.

ONE OF THE ABOVE METHODS MUST BE USED AS PAPER INVOICES ARE NOT AN ACCEPTABLE OPTION.

PAYMENTS

a. Payment of invoices will be made by:

Defense Finance & Accounting Service – Columbus Center

DFAS-BVDP (SL4701)

PO Box 36903 Columbus, Ohio 43236-9031 U.S.A.

b. Payments shall be made via Electronic Fund Transfer (EFT)

c. Payment terms: 10 Days Net

CATALOG PRICING

Schedule of Items Pricing: Items priced in the Schedule of Items (See Attachment 3) will be included in the ordering catalog following award. Schedule of Items will be determined fair and reasonable prior to award. The final proposed price for each item in the Schedule of Items will be the catalog price during the period of the Blanket Purchase Agreement.

CUSTOMERS

a. Additional Customers: The Government reserves the right to unilaterally add authorized DLA customers who are within the geographic region/zone covered by the Blanket Purchase Agreement at no additional cost to the Government. The pricing for additional customers will be the same as the prices paid by existing customers. The Contracting Officer, in his or her complete discretion, will decide whether a new customer is within the region/zone covered by this Blanket Purchase Agreement. The contractor shall put all new customers, who are added to the Blanket Purchase Agreement by the Contracting Officer under the same catalog as the existing customers at, the same distribution, delivered and total unit prices in effect for the applicable region/zone.

b. This Blanket Purchase Agreement includes all DoD customers located in the countries of Germany, The Netherlands, Belgium, Luxemburg, United Kingdom (England, Scotland & Northern Ireland), Ireland, Poland, Latvia, Estonia, Lithuania, Sweden, Finland, Denmark, France, Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Slovenia, Slovakia, Czech Republic, Macedonia, Hungary, Romania, Bulgaria, Montenegro, Kosovo, Norway and Turkey, and all Naval activity with ports in these countries. Any new countries or republics that may be created out of the areas listed above over the life of this Blanket Purchase Agreement are also required to be serviced. The specific list of current and potential customers is found in Attachment 2.

c. Adding Customers outside the Geographic Distribution Region/Zone.

1. This provision applies to the following customers:

i. A new DoD, non-DoD, or other DLA customer that is not within the resulting contract’s geographic distribution region/zone and for which the contractor will not accept the customer(s) at the effective contract price,

ii. A customer(s) located in an area that may be considered adjacent or proximal to the geographic distribution region/zone covered by more than one contractor.

2. The customer described in paragraph B.1., above, and their Fresh Milk, Dairy & UHT Milk requirements, may be added as follows:

i. In the judgement of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or proximal to the geographic region/zone of the Blanket Purchase Agreement. In a circumstance where the customer is located in an area that is adjacent or proximal to numerous different existing contractual documents, the decision of which contractual document is most satisfactory to the Government for purposes of adding the customer(s) will be within the sole discretion of the Contracting Officer, taking into consideration numerous factors, including but not limited to those contained in this provision. Further, to that end, it is the Contracting Officer’s sole decision as to which existing contractors available in the aforementioned region/zone(s) will be solicited for the support of the customer(s).

ii. Complete price proposals to support the subject new customer(s), to include distribution and origin prices, will be requested by the Contracting Officer. Prior to any customer being added to the resulting Blanket Purchase Agreement, the Contracting Officer shall determine all proposed prices to be fair and reasonable. To this end, negotiations may be required in which the same processes and procedures contained within the instant request for quotation may be employed.

d. Removing Customers: The Government reserves the right to unilaterally remove existing customers from the contract at no additional costs to the Government.

CUSTOMER SERVICE

a. DOD customers have periodic food menu board and other types of meetings which the vendor may be required to attend. At these meetings, the customers not only review their internal business practices, but the offeror can utilize this forum to show new products, and provide nutritional information. The email addresses of the respective awardee’s representatives, or any other method of communicating, shall be furnished to the customers after award.

b. Vendor provides at least one (1) full time Customer Service representative to maintain continuous contact with all of the ordering activities. The Customer Service representative may be required to attend periodically the food menu board meetings. The name of the representative and the phone number, mobile phone number, beeper number, email address, or any other method of communicating with the representative, shall be furnished to the customer after award.

c. Since many of our customers only have access to the Government phone network, it is strongly preferred that a toll free number be provided.

ORDERING SYSTEMS

Subsistence Total Order & Receipt Electronic System (STORES)

DOD customers will order using the Subsistence Total Order and Receipt Electronic System (STORES) catalog. The vendor might be responsible for establishing and maintaining the STORES catalog.

a. Accessed via the Internet, STORES is the Government’s translator/ordering system that is capable of accepting orders from any of the Services, i.e. Army, Air Force, Navy, or Marines, individual ordering systems and translating them into an Electronic Data Interchange (EDI) format. In addition, this information is passed to DLA Troop Support Europe and Africa for the purpose of Contractor payment and customer billing.

b. Customers will be able to order all of their requirements through STORES. The System will transmit orders to the vendor and DLA Troop Support.

c. The contractor is required to interface with STORES and must be able to support the following EDI transactions within 6 months after award:

1. 810 Electronic Invoice

2. 832 Catalog (Vendor to DLA Troop Support)

3. 850 Purchase Order

4. 861 Receipt

5. 997 Functional Acknowledgement

Note: A complete description of these transactions sets is included in the “EDI Implementation Guideline” and can be found at http://troopsupport.dla.mil

d. The contractor shall have access to the Internet and be able to send and receive electronic mail (email).

e. Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. 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.

f. Vendors are required to utilize the Government’s item description on all electronic ordering catalogs as well as on its invoices, delivery ticket to customer and/or invoice transaction set.

g. The vendor will utilize the DLA Troop Support invoice reconciliation process, or other such systems as may become available, to the maximum extent, towards the goal of correcting invoices early and facilitating the payment process.

h. In the event the STORES system or the vendors interface is not operational, the vendor must provide alternate ways for the customer to order (e.g., by fax by phone, pick up orders, etc.)

ORDER PLACEMENT

a. STORES Ordering: Ordering under this contract shall be accomplished through the STORES 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 hours C.E.T shall count as orders placed on the next day. Orders may be placed on Fridays after 12:00 C.E.T., or anytime on Saturdays and Sundays but such orders will be considered as orders placed on Mondays.

b. Call Limitation: DLA Troop Support Europe & Africa Contracting Officers may place calls for any items under the BPA up to the Simplified Acquisition Threshold. An individual call placed by an authorized STORES Ordering Officer shall not exceed $5,000 when placed for a designated activity identified in Attachment 2.

NOTE: In the event the vendor receives a STORES Order, exceeding $5,000, the vendor is obligated to obtain written approval from the respective Contracting Officer prior to fulfillment of this order. An email shall be sent to the Contracting Officer for approval. You will receive an email back tell you to process the order or disregard the order.

c. Order Lead time (calendar days):

Zone A: Germany, Netherlands, Belgium:

Order lead time: 7 days changes accepted 5 days prior to delivery

Zone B: United Kingdom (England, Scotland, Northern Ireland):

Order lead time: 10 days changes accepted 8 days prior to delivery

Zone C: Poland, Latvia, Estonia, and Lithuania:

Order lead time: 10 days changes accepted 7 days prior to delivery

Zone D: Spain & Portugal:

Order lead time: 14 days changes accepted 10 days prior to delivery

Zone E: Italy & Malta:

Order lead time: 10 days changes accepted 7 days prior to delivery

Zone F: Greece (Crete):

Order lead time: 18 days changes accepted 17 days prior to delivery

Zone G: Balkans (Slovenia, Croatia, Czech Republic, Montenegro, Kosovo, Macedonia, Slovakia, Hungary, Romania & Bulgaria:

Order lead time: 14 days changes accepted 11 days prior to delivery

Zone H: Turkey:

Order lead time: 14 days changes accepted 11 days prior to delivery

Zone I: France:

Order lead time: 14 days changes accepted 10 days prior to delivery

Zone J: Denmark & Sweden:

Order lead time: 7 days changes accepted 5 days prior to delivery

Zone K: Norway & Finland:

Order lead time: 14 days changes accepted 10 days prior to delivery

ITEM AVAILABILITY

Vendors must have access to items in sufficient quantities to fill all ordering activity requirements. All supplies shall be furnished on a “fill or kill” basis. Partial shipments are acceptable if the customer and the Contracting Officer are notified in advance and agree to the partial shipments.

PACKAGING, PACKING, LABELING AND MARKINGS

e. PACKAGING

1. Packaging shall be in accordance with commercial standard practices and shall conform to those products the contractor offers for sale in European outlets.

2. Shipping containers made of fiberboard or plastic shall be in such condition to protect the products against damage and deterioration. Vans will meet all carrier requirements to ensure safe and sanitary arrival at destination.

3. The Contractor shall furnish replacement or credit (whichever is requested by the Contracting Officer) for damaged items.

4. Individual sales unit (pkgs) shall be marked with information required by paragraph b. below.

f. MARKINGS

1. Individual sales unit (pkgs) shall indicate the following:

i. Item nomenclature

ii. Package content

iii. Sell by date or Product Expiration date

iv. Production Plant Code

2. All markings shall be clear, legible, nonfading and durable.

3. To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary marking such as “KEEP REFRIGERATED” shall be used on all cases when appropriate to individual items.

4. For supplies which are improperly marked, coded, or packaged, the Contracting Officer shall have the option to reject such supplies under the provision of the inspection clause of this contract.

5. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.

INSPECTION AND ACCEPTANCE

a. 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, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. Failure to identify latent defects or similar issues at time of acceptance will not absolve the Contract of its liability or preclude the customer from obtaining appropriate remedy upon the timely discovery of said defects or issues after-the-fact. In this circumstance, the customer shall notify the Customers Representative who will coordinate with the Contracting Officer in seeking appropriate resolution.

b. It is a requirement that products shall be inspected within 24 hours after receipt. 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. See clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph 1.

c. The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to be noted on the delivery ticket by the Government receiving official and truck driver. The authorized Government receiving official’s signature and printed name on the delivery ticket is required for acceptance of the product. All signatures and printed names MUST be legible. Failure to adhere to this requirement may severely limit the Contracting Officer’s ability to resolve disputes and may lead to the Contracting Officer finding against the Contractor.

d. The Contractor shall forward three (3) copies of the delivery ticket with the shipment. The Government receiving official will use the delivery ticket as the receipt document. Two (2) copies of the signed and annotated delivery ticket will serve as the acceptance document. No electronic invoice may be submitted for payment until acceptance is verified. Additionally, upon completing the delivery (or deliveries) and before the carrier leaves the installation, copies of the invoices may be required to be delivered to a central “Accounting/Troop Issue” activity on the installation.

RETURNS/REJECTIONS/LATE SHIPMENTS

The Contractor/vendor shall accept returns under the following conditions:

a. Products shipped in error;

b. Products damaged in shipment;

c. Products with concealed or latent damage;

d. Products that are recalled;

e. Products that do not meet shelf life requirements;

f. Products delivered in unsanitary delivery vehicles;

g. Products delivered that fail to meet the minimum/maximum specified temperature;

h. Quantity excess as a result of order input error and/or purchase ratio factor error;

i. Products that are not from a sanitarily approved source.

j. Any other condition not specified above that is deemed by the customer to be valid reasons for return.

Authorized representatives of the Contracting Officer will be responsible for inspections, acceptance, and rejection of quantities delivered under this contract. Rejection will occur for the following reasons:

a. Nonconformance to sanitary and/or medical standard

b. Nonconformance to terms and conditions listed in the resultant contract

All or part of the delivery will be rejected depending on whether the nonconformance is critical. The authorized representative of the Contracting Officer will determine whether the nonconformance is critical.

A price adjustment (PA) will be taken by the Contracting Officer, as consideration, for any or all minor nonconforming products. A determination will be made at point of delivery by the Contracting Officer as to rejection or acceptance with a price adjustment.

Late shipments: A price adjustment (PA) will be taken by the Contracting Officer as follows:

Three (3) days or more: rejection of the entire shipment

NOTE: One (1) day late will already be considered in the event the truck arrived after regular operating hours of the respective delivery location on the delivery date specified.

SUBSISTENCE REQUIREMENTS

All products offered will be produced, processed and prepared only in production plants listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. Any change in product source will require approval from the USAPHC and a formal modification to the contract. See items that require listings (ex. mushrooms, bottled water, etc.) at http://phc.amedd.army.mil/TOPICS/FOODWATER/CA/Pages/DoDApprovedFoodSources.aspx

SANITARY CONDITIONS

g. Food establishments

1. All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Public Health Command (USAPHC) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx ). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

2. Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in Appendix A of the worldwide directory.

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items.

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.htm.

(iv) Egg products (liquid, dehydrated, frozen) may be supplied from establishments listed in the “Meat, Poultry and Egg Product Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm.

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed.

(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm.

3. Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt plants/products, see the Worldwide Directory (available at:

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx).

4. Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on accompanying shipment documentation.

5. When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

h. Delivery conveyances

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies tendered for acceptance may be rejected without further inspection.

PERISHABLE FOODSTUFF TRANSPORTATION – DLA TROOP SUPPORT - SUBSISTENCE

The following will apply, if the supply is imported and transported in certain conditions by the vendor:

i. The Contractor shall reimburse the government for all detention or other charges paid to carriers when containers, trucks, trailers or other transportation vehicles are not loaded and released to the carrier within the free time authorized by the carrier.

j. Refrigerated seavan shipments. The Contractor shall load, brace, and block the products for shipment in refrigerated seavans. The Contractor warrants that the loading pattern specified and required for each load is correct, proper, and acceptable to the ocean carrier. Therefore, the Contractor will pay for the cost of restacking/rebuilding seavans if rejected by the ocean carrier. The Contractor will also pay for other charges related to restacking/reloading such as detention charges for trucks.

DELIVERY INSTRUCTIONS

a. Vendors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. All trucks shall maintain proper temperatures, as determined through standard commercial practices. Deliveries shall be F.O.B. Destination to all ordering activities and delivery points. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The Contractor shall delivery all products on one-way pallets only. A listing of all the delivery points can be found at Attachment 2.

b. Customers’ delivery schedules (days and times) routes and stop-off sequence will be coordinated and verified with the customers on a post award basis by the awardee. The current delivery schedules and number of deliveries are included in Attachment 2.

c. Products for individual customer/dining facility must be segregated on separate pallets. Many of the military bases have more than one delivery point. All products shall be segregated by individual ordering locations and loaded into the delivery vehicle in reverse drop sequence. The intent is to provide expeditious off-loading and delivery to the customer.

d. The contractor shall also ensure that the personnel loading and delivering the product provide professional, prompt and efficient service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the contractor.

e. Temperature Requirements: Delivery vehicles shall maintain milk and milk products at or below 7°C (45°F) (except UHT milk products); ensuring product arrives at its final destination at 7°C (45°F).

f. The supplier agrees that on regular working days trucks shall arrive at destination not before 0700 hours and not later than 1430 hours unless by prior agreement with local representatives. Government personnel can reject, at the installation gate, shipments for which drivers have inadequate identification to gain access. Government personnel will “sign-in” vehicles at the installation gate.

g. Regular working days are defined as all days EXCEPT Saturdays, Sundays and US Federal Holidays, and days which have been declared to be Holidays by law in effect in the country where the deliveries are made. Holiday Delivery schedules or any event that will affect normal weekly deliveries shall be provided to DLA Troop Support Europe & Africa 30 days prior to the actual holiday or event. When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless otherwise agreed to by the customer. Vendors must give at least one (1) month notice of all approaching holidays (Local and US) to coordinate deliveries and accommodate customers.

Note: US Federal Holidays: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday.

h. In the event deliveries are delayed by the Customers due to changes in Military Readiness, such as postponed delivery dates (for example Navy shipments) the Contractor may charge demurrage costs if approved by the contracting officer prior to delivery. Demurrage costs will start accruing after 4 hours and this cost shall not exceed USD 33.00 per hour with a maximum (not to exceed) of 12 hours per day per truck.

Customers will absorb demurrage costs associated with offloading delays except when such delays are contractor caused. The total amount of demurrage charges shall be proved to the Government by providing the respective invoices to the Contracting Officer prior to approval.

Delivery Ticket Invoicing Procedures

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

1. Name of supplier, Address, Phone & Fax Number;

2. BPA Number and PIID number;

3. Date of Purchase;

4. Itemized list of supplies (Nomenclature) furnished;

5. Item number (National Stock Number),

6. Quantity delivered,

7. Unit price, subtotals and extended totals;

8. Date of delivery;

9. Place of delivery with DODAAC Number

10. Signature of Vendors Representative (Delivery Driver) and Date

11. Signature of Receiver (US Representative) and Date

12. Payment terms

13. Customs declaration document number, AE Form 302 (if applicable)

b. The DTI (Delivery ticket-invoice) document shall consist of an original (1) and one copy. The original shall be attached to the invoice submitted for payment. The PIID number must be provided by the ordering activity 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. The authorized receiving personnel must initial all erasures or changes on delivery ticket-invoices.

d. Receiving official must certify the DTI with date and original signature.

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.

CUSTOMS CLEARANCE PROCEDURES FOR U.S. SUBSISTENCE IN THE EUROPEAN UNION

k. Contractor will obtain from the appropriate customs clearance officer an Import/Export Declaration (AE Form 302-1). The customs clearance document will be utilized for goods which are the property of, or destined to be the property of the US Armed Forces for every shipment to the US Government in Europe which enters, leaves, or transits Benelux, Denmark, France, Italy, Spain, Yugoslavia, Macedonia, Turkey and German irrespective of the mode of transportation and point of delivery. The AE Form 302-1 will be processed and distributed as follows: It consists of 1 original and 5 copies, numbered 1 through 6. Contractor will receive from the issuing customs clearance officer of the appropriate Defense Subsistence Office, copies No. 1, 2, 3, 5, and 6 plus insert copies of AE Form 302-A as required. Copy No. 4 is retained by the issuing customs clearance officer. The contractor is required to complete columns a, b, and d of all copies when exact quantities are known. When completed, copy No. 6 will be returned to the issuing customs clearance officer. The contractor will use copies No. 1, 2, 3, 5 and insert copies to move supplies across applicable border crossings as follows:

Copy No. 1 will be used at border point of exit. Insert copies (AE Form 320-A) will be used to transit multiple countries. One copy will be presented at border entry point and one copy at border exit point. Additional copies may be required for consignees in some countries.

Copy No. l, 2, and 3 will be presented to the customs office at the border entry point of the consignees country for processing. Copy No. 3 will be retained at the border. Copies No. 1 and 2 will be returned to the transporter to be delivered to the consignee with the cargo.

l. The transporter will surrender all copies of customs documents to the consignee upon delivery. Upon receipt and acceptance of the cargo the consignee will complete the certificate of receipt on copies No. 1 and 2.

The consignee will return Copy No. 1 to the issuing customs clearance officer. Copy No. 2 will be returned to the border entry point to close customs files and release appropriate commercial documents. The transporter may request the completed No. 2 copy to hand carry back to the border entry point. This procedure is at the discretion of the consignee since it remains the consignee’s responsibility to return the No. 2 copy to the border entry point.

m. When cargo is rejected the consignee will annotate the rejection on copies no. 1 and 2. The transporter will be given a copy (photocopy) of the AE Form 302-1 with rejections annotated and will be instructed to present that copy to customs when returning with the rejected product. Rejected product entering a country through customs on AE Form 302-1 may not be disposed of without proper customs authorization.

RECALL PROCEDURES REQUIREMENTS

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

a. Immediately notify the following personnel:

1. Customers that have received the recall product

2. DLA Troop Support Europe and Africa Contracting Officer

3. DLA Troop Support Europe and Africa Account Manager

4. DLA Troop Support E & A Food Safety and Quality Assurance at +49(0)6314112193

b. Provide the following information to the DLA Troop Support Europe & Africa Food Safety and Quality Assurance Officer:

1. Reason for recall

2. Level of recall, i.e., Class I, II or III

i. Class I: Dangerous or defective products that predictably could cause serious health problems or death. Examples include: food found to contain botulinum toxin, food with undeclared allergens, a label mix-up on a lifesaving drug, or a defective artificial heart valve.

ii. Class II: Products that might cause a temporary health problem, or pose only a slight threat of a serious nature. Example: a drug that is under-strength but that is not used to treat life-threatening situations.

iii. Class III: Products that are unlikely to cause any adverse health reaction, but that violate FDA labeling or manufacturing laws. Examples include: a minor container defect and lack of English labeling in a retail food.

3. Description of product

4. Amount of product

5. List of customers that have received product

6. Name and phone number of responsible person (Recall Coordinator)

c. The vendor should provide a Final Status Report of Recall, when completed, to the DLA Troop Support Europe and Africa Food Safety and Quality Assurance Officer.

d. 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.

FORCE PROTECTION PROCEDURES / FOOD DEFENSE

Quality Control Quality control procedures must be heightened to ensure that product entering your facility is safe for public consumption. The following security guidance is provided: Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. Visitors should also be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at their facilities and consider whether fencing and locking devices are adequate. Never leave open trucks unattended

Seals numbered seal which is logged and signature confirmed is required at each base delivery address. A seal is not required for each delivery point within the base. The seal will be removed at the first stop. The seal number will be confirmed at the first stop with a signature and date. A lock on the trailer is required between delivery points within a base location.

n. Security Locks Security Locks shall be properly placed on delivery vehicles. In order to maintain the product safety, the driver must take precautions ensuring that a third person does not have access to the goods while unloading and loading. During transportation the truck/trailer must be securely locked at all times, only the driver should have access. In the event the truck/trailer is delivering to commercial entities, the truck/trailer shall be secured with a seal prior to entering US installations. The seal needs to be registered. Prior to departing the US Installation, the truck/trailer needs to be sealed again and the new seal needs to be registered.

Background Checks Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Firms should keep a low profile and share customer routes, etc. on a need to know basis. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering must be reported immediately.

DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS- CONTROLLED INSTALLATIONS

o. Designated country citizens (passport holders) are not authorized access to US Military/US Government controlled installations. Performance under this contractual document does not authorize designated country citizens access to such installations.

p. Designated country as used in this provision includes: Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, Peoples Republic of China (including Tibet), Syria, Yemen and the former Yugoslavia (Serbia, Montenegro, Bosnia and Herzegovina).

q. The contractor agrees to insert the substance of this provision, including this paragraph, in all subcontracts.

XIX. US MILITARY INSTALLATION SUPPORT

a. Management: The contractor shall ensure that all contractor employees, subcontractors, subcontractor’s employees, invitees and agents comply with all guidance, instructions and general orders applicable to U.S. Armed Forces issued by the Theater Commander or his/her representative, as well as, all pertinent Department of the Army and Department of Defense directives, policies and procedures, as well as federal statutes, judicial interpretations and International Agreements (i.e., Status of Forces Agreements, Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety. Disputes will be resolved by the Contracting Officer.

The contractor shall take reasonable steps to ensure the good conduct of its employees and shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees.

The contractor shall promptly resolve, to the satisfaction of the contracting officer, all contractor employees performance, and conduct problems identified by the cognizant contracting officer or his/her designated representative.

The contracting officer may direct the contractor, at the contractor’s expense, to remove or replace any contractor employee failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative. The contractor will replace such employee within 72 hours or as may be directed by the Contracting Officer.

b. Accounting for Personnel:

During contract(s) performance the Contracting Officer or his/her representative may direct the contractor to report its employees in the area of operations by name and by location. This applies also for entering and leaving the area of operations.

c. Vehicle and Equipment Operation:

The contractor shall ensure that employees possess the required civilian licenses to operate the equipment necessary to perform the contract in the theater of operations in accordance with the statement of work.

The contractor and its employees may be held jointly and separately liable for all damages resulting from the unsafe or negligent operation of equipment.

r. Passports, Visas and Customs:

At the contractor employee’s and/or contractor’s expense, the contractor employees shall obtain all passports, visas or other documents necessary to enter and/or exit any area(s) identified by the contracting officer.

s. Status of Forces Agreement:

The contractor shall adhere to all relevant provisions of the applicable Status of Forces Agreements (SOFA) and other similar related agreements.

t. Risk Assessment and Mitigation

The contractor will brief its employees regarding the potential danger, stress, physical hardship and field living conditions of performing under this contract.

The contractor will conduct physical and medical evaluations of all its employees at their own expense to ensure they are capable of enduring the rigors of performance under this contract. The contractor will designate a point of contact for all of its plans and operations. The contractor will prepare plans for support as required by the contract or as directed by the Contracting Officer. For badging and access purposes, the contractor will provide a list of suitable or qualified subcontractors including local vendors in an area of operations.

u. Tour of Duty / Hours of Work:

The contractor shall comply with all duty hours and tours of duty identified by the Contracting Officer or his/her designated representative. The Contracting Officer, or his/her designated representative, may modify the work schedule to ensure the government’s ability to continue to execute its mission.

XX. BLANKET PURCHASE AGREEMENT ADMINISTRATION INFORMATION

Contract…