Final_SPE3S126R0004.pdf

10. FOR

INFORMATION

CALL:

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT No.

SPE3S1-26-R-0004

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)X

2026 MAY 19

5. DATE ISSUED

1000214970

6. REQUISITION/PURCHASE No.

7. ISSUED BY 8. ADDRESS OFFER TO

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

SOLICITATION

until (Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

AMENDMENT NO. DATEAMENDMENT NO. DATE

G

H

SEC.

B

A

C

E

D

F

(X)

FACILITY

CODE

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different

15A. NAME AND

ADDRESS

OF OFFER-

OR

10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () )

DLA TROOP SUPPORT

SUBSISTENCE SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

See Continuation Sheet

Not Applicable 3:00PM 2026-Jul-02

Darren Gregory DDG0068

A. NAME

Phone: 445-737-1749

FAX:

B. PHONE/FAX (NO COLLECT CALLS)

Darren.Gregory@dla.mil

C. EMAIL ADDRESS

X 1

X 4

X 13

X 20

X 23

X 66

X 66

X 68

X 70

X 95

X 99

X 106

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

EXT.NUMBERAREA CODE

(4 copies unless otherwise specified)

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SPE3S1-26-R-0004

SECTION A - SOLICITATION/CONTRACT FORM

52.204-90 OFFEROR IDENTIFICATION (DEVIATION 2026-O0038) (FEB 2026) FAR

Section A

SOLICITATION AND OFFER - FORM SF33 (CONTINUATION SHEET)

A-1

Note: All offerors must submit documentation via email to the Contract Specialist, Darren Gregory at Darren.

Gregory@dla.mil and the Contracting Officer, Tiendung Nguyen at Tiendung.Nguyen@dla.mil.

IT IS SOLELY THE OFFEROR'S RESPONSIBILITY TO ENSURE ITS PROPOSAL IS RECEIVED BY

THE DATE AND TIME SPECIFIED GIVEN THE LIMITATIONS OF DLA TROOP SUPPORT'S

RECEIVING OFFICE LISTED IN SECTION L AND BELOW:

ATTN: DARREN GREGORY AND TIENDUNG NGUYEN

DEFENSE LOGISTICS AGENCY

DLA TROOP SUPPORT - SUBSISTENCE DIRECTORATE

700 ROBBINS AVE.

PHILADELPHIA, PA 19111-5092

BLDG. 6B085

Facsimile offers are not acceptable forms of transmission of initial proposals or revisions to initial proposals.

E-mail offers are acceptable, and the suggested form of transmission, for submission of initial proposals except for the initial Product Demonstration Models. E-mail offers should be sent to the Contract Specialist, Darren Gregory (Darren.Gregory@dla.mil) and the Contracting Officer, Tiendung Nguyen (Tiendung.Nguyen@dla.mil). Although e-mail offers are acceptable, all Product Demonstration Models must be delivered to the location identified above and in Section L by the date and time set for receipt of proposals.

Note:

Offerors are advised that DLA Troop Support systems have certain email size and transmission limitations. Proposal submissions must be prepared accordingly. Individual email attachments should not exceed 5MB in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be necessary). When submitting multiple emails as a submission, label each email with a number (e.g., 1 of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients.

It is an offeror's responsibility to ensure its entire proposal is received by the date and time specified; emails must be transmitted in sufficient time to ensure and confirm receipt by the Government. Offerors are advised that DLA Troop Support's email system may rely on several different servers and/or security firewalls. As a result, there may be a lag time between the date/time stamp the offeror sends an offer via email and the date/time stamp indicates the offer is received by the authorized email address. For the purposes of establishing the timeliness of a proposal, only the date/ time indicated by the authorized email address as having been received will be used. Any offer that is received by the authorized email address with a date/time stamp after the closing date/time of the subject solicitation will be considered late, regardless of the date/time when the email was sent or when initially received by Government servers. Late proposals will not be accepted or considered.

mailto:Darren.Gregory@dla.mil mailto:Darren.Gregory@dla.mil mailto:Tiendung.Nguyen@dla.mil mailto:Darren.Gregory@dla.mil mailto:Tiendung.Nguyen@dla.mil

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SPE3S1-26-R-0004

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

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 Specialist, Darren Gregory (Darren.gregory@dla.mil) and the Contracting Officer, Tiendung Nguyen (tiendung.nguyen@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, Instruction of Offerors for Competitive Acquisition.

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

Note: 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.

Note: In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a pricing technique under this solicitation.

Note: Included in Section I are the full text versions of the Cyber Incidents clauses, DFARS 252.204-7008, 252.204-7009, and 252.204-7012.

Note: 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (DEVIATION 2026-O0038) (FEB 2026) FAR is included in Solicitation Section I.

A-2

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all Government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program and internal control system that is suitable to the size of the company and extent of its involvement in Government contracting, 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 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 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)

This solicitation and the resulting contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract. The contractor 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)

**NOTE: Offerors must be registered in the System for Award Management (www.SAM.gov). Those not registered in SAM may be considered non-responsible and may be deemed ineligible for award. Upon registration, a CAGE code will be assigned to the registered firm. This code shall be placed in the box next to “code” in block 15A of the cover sheet.

All clauses incorporated in full text throughout the entire solicitation must be filled out as applicable to be mailto:Darren.gregory@dla.mil mailto:tiendung.nguyen@dla.mil mailto:tiendung.nguyen@dla.mil

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SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

considered eligible for award.

F.O.B. Destination terms are applicable to this solicitation.

DLA Troop Support and DEVCOM Soldier Center addresses for PDM submissions can be found in Section L-3.

All materials pertaining to the Technical Proposal, Business (Price) Proposal, and Additional Submission Requirements must be submitted with initial offer.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 Items to be Supplied

A. Estimated Requirements

Line NSN Item Estimated Yearly Quantity (EA)

0001 8940-00-149-1059 Cheese Spread, Plain 13.635,000 0002 8940-01-502-5688 Cheese Spread, Jalapeno 6,060,000 0003 8930-01-555-4596 Peanut Butter, Smooth 3,030,000 0004 8930-01-527-8226 Peanut Butter, Chocolate 1,515,000 0005 8930-01-555-4604 Peanut Butter, Chunky 3,030,000 0006 8930-01-426-4749 Preserves, Fruit, Blackberry 1,515,000 0007 8930-01-426-4752 Preserves, Fruit, Strawberry 3,030,000 0008 8930-00-149-1056 Jelly, Fruit, Apple 1,515,000 0009 8930-00-149-1058 Jelly, Fruit, Grape 1,515,000 0010 8950-01-527-8387 Barbecue Sauce 1,515,000 0011 8950-01-487-1628 Mayonnaise, Fat Free 1,515,000 0012 8940-01-713-8140 Apple Pie Dessert Spread 1,515,000

These estimated quantities are based on forecasts provided by the services. The Government is not obligated to order estimated quantities.

B. Indefinite-Quantity Contract (IQC) Quantities

The IQC minimum and IQC maximum quantities for each Rations National Contract (RNC) Spreads component are as follows (Unit of measure for each component is each (EA)):

Line Item Guaranteed Min. (5 tiers) Maximum (5 tiers)

0001 Cheese Spread, Plain 11,362,500 170,437,500 0002 Cheese Spread, Jalapeno 5,050,000 75,750,000 0003 Peanut Butter, Smooth 2,525,000 37,875,000 0004 Peanut Butter, Chocolate 1,262,500 18,937,500 0005 Peanut Butter, Chunky 2,525,000 37,875,000 0006 Preserves, Fruit, Blackberry 1,262,500 18,937,500 0007 Preserves, Fruit, Strawberry 2,525,000 37,875,000

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

0008 Jelly, Fruit, Apple 1,262,500 18,937,500 0009 Jelly, Fruit, Grape 1,262,500 18,937,500 0010 Barbecue Sauce 1,262,500 18,937,500 0011 Mayonnaise, Fat Free 1,262,500 18,937,500 0012 Apple Pie Dessert Spread 1,262,500 18,937,500

Note: Surge Quantities are applicable to all RNC Spreads components. See Section C for Surge and Sustainment Plan requirements, Section L for Surge and Sustainment submissions procedures, and Section M for Surge and Sustainment evaluation criteria.

C. Delivery Schedule

RNC Spreads components are F.O.B. Destination, and one price must be offered for all Meal, Ready-to-Eat (MRE) assembler locations as follows:

AmeriQual Packaging 225 West Morgan Avenue Evansville, IN 47710

SOPAKCO, Inc.

118 S. Cypress Street Mullins, SC 29574

Baxters North America 4700 Creek Road Cincinnati, OH 45242

Note: Some or all of these locations could change during the performance of the contract, and delivery must be made to the specified delivery destination at no additional cost to the Government. Actual ordering quantities and shipping information will be provided in individual delivery order(s). Orders will be placed on an F.O.B Destination basis only. The MRE Assemblers will be responsible for ordering and developing delivery schedules for RNC components.

Section H-1 further details RNC component ordering.

B-2 General Information

DLA Troop Support will establish a RNC with component manufacturers, and will authorize the MRE assemblers to order directly from the national contracts in lieu of DLA providing the components as Government-Furnished Material (GFM). The RNC will establish the component prices, but the assemblers will order and pay for the material directly. The assemblers will have full control over when to order, how much to order, and have full responsibility for the supply chain and inventory. See FAR 52.216-19 - Order limitations for more information.

Note: Terms and conditions of the individual RNC Spreads component contract(s) will prevail in the case of a conflict with the MRE contract.

The effective term of the contract will contain five (5) consecutive tiered delivery periods. Each tier will be 365 days in length. The first delivery period will begin upon date of award, unless otherwise specified in the resultant contract.

This solicitation is unrestricted to business size. The North American Industry Classification System (NAICS) codes under this solicitation for each RNC Spreads component is as follows:

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

Line Item NAICS Code Size Standard (# Employees)

0001 Cheese Spread, Plain 311513 1,250 0002 Cheese Spread, Jalapeno 311513 1,250 0003 Peanut Butter, Smooth 311911 750 0004 Peanut Butter, Chocolate 311911 750 0005 Peanut Butter, Chunky 311911 750 0006 Preserves, Fruit, Blackberry 311421 1,000 0007 Preserves, Fruit, Strawberry 311421 1,000 0008 Jelly, Fruit, Apple 311421 1,000 0009 Jelly, Fruit, Grape 311421 1,000 0010 Barbecue Sauce 311421 1,000 0011 Mayonnaise, Fat Free 311941 650 0012 Apple Pie Spread 311930 1,100

B-3 Pricing

The effective period of the contract for Tier 1 will be from the effective date of award through 365 days. Tier 2 will begin after the 365th day of Tier 1, and will be the same length of 365 days. The same pattern will follow for Tier 3, Tier 4, and Tier 5. The performance period of the contract will end on the 365th day of Tier 5.

Note: RNC Spread Component prices will be based on the tier period an order is placed, not when an order is shipped or delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the prices in effect for that order will be the tier 2 prices. This also applies to components that are subject to Economic Price Adjustments (See section B-5 below).

B-4 Indefinite Quantity Contract

This solicitation will result in an Indefinite-Quantity Contract (IQC), as provided in FAR Clause 52.216-22 Indefinite Quantity (DEVIATION 2026-O0038) (FEB 2026). In an IQC, the Government awards a range of quantities rather than a single fixed quantity. The bottom of the range is the minimum (the IQC minimum quantity), which the Government is obliged to order and which is all it is committed to order. The top of the range is the maximum (The IQC maximum quantity) which is the largest quantity the Government may order, and which the contractor agrees to provide if ordered. The Government may order a quantity within that range. Sometimes an estimated quantity is stated also; which may be the same as the minimum or the maximum, or it may be a quantity within the IQC range.

The Government guarantees that it will order a minimum of units stated above in Section B-1(B.) during the life of the resultant contract(s). The guaranteed minimum quantity may be ordered during any tier period or combination of tier periods. The Government may fulfill the guaranteed minimum quantity by issuing a single delivery order or any number of delivery orders. Any quantities ordered by the Assemblers shall contribute towards satisfying the Government's guaranteed minimum quantity. However, in fulfilling the guaranteed minimum quantity, the total dollar value expended by the Government shall not exceed the dollar value of the guaranteed minimum quantity procured at the lowest unit price established under the contract(s) and is hereafter referred to as the "guaranteed minimum dollar value." If an offeror is awarded multiple line items, then the total guaranteed minimum dollar value for the contract(s) shall be the sum of each awarded line item's guaranteed minimum dollar value. The Government will be considered to

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

have fulfilled its obligation to order the guaranteed minimum quantity when the guaranteed minimum dollar value has been met.

B-5 Economic Price Adjustment

TS16-22 Economic Price Adjustment - Table Spreads (JUNE 2017)

An Economic Price Adjustment (EPA) applies to Cheese Spread, Plain; Cheese Spread, Jalapeno; Peanut Butter, Smooth; Peanut Butter, Chocolate; Peanut Butter, Chunky. The chart below lists the RNC Spreads components subject to EPA, in addition to their EPA factor, economic indicators, publication of pricing information, and adjustment periods:

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

(a) Warranties: For the portion of the schedule that is covered by this EPA language, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this EPA language.

(b) The base unit prices for the purpose of the adjustment calculations under this EPA language shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of cheese and butter indices for cheese products, and an average of peanut indices for peanut products) for the period specified under the “Base Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), or the due date for final proposal revisions (if discussions are held).

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date of the following tier.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the contractor. The established market price under this EPA language may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this EPA language, and the economic indicators and publications to be used are listed above.

(e) With respect to increases or decreases under this EPA language, no adjustment shall be made to the tier 1 unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming tier.

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this EPA language, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as cheese, butter, and peanuts, are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirements: The U.S. Army Combat Capabilities Development Command - Soldier Center (DEVCOM) who prepares the specifications has moved from Military Specifications to Performance Requirements.

The Government no longer states the specific amount of product (cheese, butter, peanuts, etc.) that goes into a table spread, only an overall amount with a protein and carbohydrate requirement. (Different contractors will put in differing quantities of cheese, butter, peanuts, etc. to meet the performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section L-5 as part of their proposal.

The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the adjusting unit price and the base unit price.

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(2) (Adjusting unit price - base unit price)/base unit price = market price change (+ or -).

(3) Market price Change x Allowance Factor (Market price Change multiplied by Allowance Factor ) = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option/tier unit price(s) for each option/tier will be the sum of the firm fixed price portion and the portion subject to the EPA (allowance factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the allowance factor by the contract unit price adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period.

(5) Determine the contract price adjustment by computing the sum total of the price adjustments of all items subject to EPA.

(i) Price adjustments pursuant to this EPA language shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this EPA language shall be at the existing unadjusted contract unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable period option/tier. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this EPA language.

(k) Any pricing actions pursuant to the FAR 52.243-1 Changes or FAR 52.212-4(c) or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this EPA language unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option/tier unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this EPA language.

(n) Revision of market price indicator: In the event (i) any applicable market price indicator is discontinued or its method of derivation is altered substantially or (ii) the Contracting Officer determines that a particular market price indicator consistently and substantially no longer reflects market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA language then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items. The chart in paragraph (b): identifies the 6 Ration National Contract (RNC) Spreads Component items subject to EPA. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

to customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

B-6 Product Demonstration Models (PDMs)

Acceptable PDMs, also referred to as approved PDMs, will be used as production standards by both the Contractor and the Government. The production lots/product-codes used as the production standards by both the Contractor and the Government must be identical. The approval of any PDM will not constitute a waiver of the requirement that all delivered product must meet all other solicitation/contractual requirements, such as but not limited to, analytical requirements, physical requirements, microbiological requirements and/or performance requirements unless specifically stated by the Contracting Officer. The offeror/contractor will be responsible for the shipment of PDM samples to DEVCOM, to DLA Troop Support, and to hold samples at the Contractor's site.

The contractor is required to retain and possess its own set of approved PDMs and will be responsible for the distribution of approved PDMs to Government entities, when required by the Contracting Officer, throughout contract performance.

Initial PDM

PDMs must be submitted for each line item on which an offeror intends to bid prior to the close of the solicitation and found to meet the standards referenced in the respective RNC Spreads component specification. Individual item specifications can be found in section C-2. Refer to Sections L and M for PDM submission instructions and evaluation criteria as a part of a proposal . Offerors must warrant that product submitted under any resultant contract will conform to all packaging, labeling and packing requirements as well as analytical requirements. The Government will not accept product offered under this solicitation or produced for performance under the resultant contract that does not conform to all requirements.

New PDM

During the course of contract performance, new items may be introduced for delivery during the next delivery period. PDMs are required for all new items and must be submitted 45 days prior to the start of the delivery period in which the new items will be incorporated into the contract. If approved product technical requirements for new items are not available to meet this requirement, the contractor must submit PDMs within 30 days from the date the requirements document is published. Contractors must certify that the PDM(s) conforms to all specification/ production description characteristics or must adequately describe any differences the PDM may have from the requirements of the product description or specification(s). Upon approval by DLA Troop Support, the New PDM will become the product standard.

Replacement PDM

Changes in production methodology or packaging, such as implementation of new technology, may result in a product non-comparable to one or more observable characteristics of the production standard.

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If the Government determines, on its own or at the suggestion of the contractor, that any change in a product characteristic, other than changes to shape or dimension compatible with performance requirements, results in a product that is no longer comparable to the production standard, the contractor must submit a replacement PDM. If the Government determines, on its own or at the suggestion of the contractor that any changes to shape or dimension impact on the ability to compare the new product to the production standard in terms of the performance requirements designated for appearance, odor, flavor, and texture, the contractor must submit a replacement PDM. The contractor must submit a replacement PDM if determined necessary by the Government.

Contractors must certify that the PDM(s) conforms to all specification/production description characteristics or must adequately describe any differences the PDM may have from the requirements of the product description or specification(s).

The contractor must bear all expenses incidental to the submission of Replacement PDMs to DEVCOM SC and their evaluations by DEVCOM SC.

Upon approval by DLA Troop Support, the Replacement PDM will become the product standard.

Replenishment PDM

Every 12 months, or as otherwise specified by the Contracting Officer, for finished-product components inspected by the Government at origin, the Government Quality Assurance Representative (GQAR) will replenish the Government's supply of PDM's at origin with 70 PDMs randomly selected from a lot inspected and accepted by the Government for all contractual requirements. In addition, the GQAR will randomly select from the lot 32 replenishment PDMs for DEVCOM and 4 replenishment PDMs for DLA Troop Support.

Upon approval by DLA Troop Support, the Replenishment PDM will become the product standard.

Submission Process for New, Replacement, and Replenishment PDMs

106 PDMs of each Spreads component must be submitted and retained as follows:

32 PDMs of each Spreads component must be sent to:

U.S. Army Research, Development, and Engineering Command

DEPARTMENT OF THE ARMY

FCDD-SCC-EMR Attn: Jill Bates

COMBAT CAPABILITIES DEVCOM SOLDIER CENTER

10 GENERAL GREENE AVENUE

NATICK, MA 01760-5056.

4 PDMs of each Spreads component must be sent to:

ATT: TIENDUNG NGUYEN AND DARREN GREGORY

DLA TROOP SUPPORT

700 ROBBINS AVENUE

BLDG. 6B085

PHILADELPHIA, PA 19111

Note: The end or side of the Case should have a label, or be printed on the Case, with the following information:

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

Product Demonstration Model Contract Number Product Identity Lot# Company Name and Address Point of Contact Name and Phone Number

Inside the Case, along with the 32 PDMs to DEVCOM and 4 PDMs to DLA Troop Support, must be the required paperwork fully identifying the item; the lot number; the contractor; the contract number; the type of PDM (New, Replenishment, or Replacement); the current PDM lot number; USDA certification as applicable; analytical and microbiological test results performed by the contractor; any other information to assist in identifying the product and conducting the evaluation. Analytical and microbiological test results, wherever required, must be submitted with PDMs.

Contractors must maintain 70 of their own sets of approved PDMs that were derived from identical finished-component production lots and/or identical bulk-component production lots; to be referred to as in-common product-code PDMs. The submitting contractor will send written notification of in-common product-code submissions, endorsed by each participating contractor, to DLA Troop Support for approval by the Contracting Officer. DLA Troop Support will notify DEVCOM as to which contractors are submitting what in-common product-codes. Once notified of Contracting Officer approval, the submitting Contractor must include in its submission package the identity of the Contractors for whom the submission pertains. The submitting Contractor will also be responsible for the distribution and shipment of any in-common product-code PDM samples to DEVCOM and to DLA Troop Support.

Evaluation Process for New, Replacement, and Replenishment PDMs

A DEVCOM Soldier Center (SC) PDM evaluation panel will evaluate New and Replacement PDMs for compliance with product specifications and for compliance with the sensory characteristics designated and defined in the product's technical documents. These sensory characteristics, namely appearance, odor, flavor, and texture (or combination thereof where dictated by the product's technical documents), represents distinct sensory characteristic categories and will be evaluated by category by panelist. Each panelist will assign to each sensory characteristic category a quality rating by using a 9-point quality scale, where 9 is the highest rating and 1 the lowest rating. The mean value of the panelist's ratings for each sensory characteristic category will be determined.

DEVCOM SC will assign an overall quality scale rating to each New and Replacement PDM that it evaluates. The overall rating will be equal to the mean score of the lowest-rated sensory characteristic category. For each New PDM, an overall quality rating of 6.00 through 9.00 will indicate an acceptable rating and an overall quality rating of 1.00 through 5.99 will indicate an unacceptable rating. For each Replacement PDM, an overall quality rating of 6.00 through 9.00 will indicate an acceptable rating and an overall quality rating of 1.00 through 5.99 will indicate an unacceptable rating. In addition, for a Replacement PDM to be found “acceptable”, its overall quality rating will be equal to or higher than the original overall quality scale assigned to the Initial, New, or Replacement PDM representing the item to be replaced. A lower overall quality rating will indicate an unacceptable replacement rating.

DEVCOM SC will evaluate Replenishment PDMs for appearance, odor, flavor and texture; and the evaluation must determine the Replenishment PDM to be equal to or better than the existing product standard for all characteristics in order to be rated as “Acceptable”. The results of DEVCOM's PDM evaluations will be reported to DLA Troop Support as “Acceptable” or “Unacceptable”. An “Acceptable” PDM-rating will not constitute a waiver of any specification requirement unless specifically stated by the Contracting Officer.

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Section C - DESCRIPTION/SPECIFICATIONS

C-1. NSN/ITEM DESCRIPTION

8940-00-149-1059 CHEESE SPREAD, FORTIFIED, PLAIN, CHEDDAR; 28 gm flex pg, PCR-C-039, Flavor 1

8940-01-414-6122 CHEESE SPREAD, FORTIFIED, PLAIN, CHEDDAR, WITH JALAPENO PEPPERS; 28 gm flex pg, PCR-C-039, Flavor 2

8930-01-555-4596 PEANUT BUTTER, SMOOTH, REGULAR, STABILIZED, FORTIFIED, SALTED, CONVENTIONAL; 28 gm flex pg, A-A-20328, PKG&QAP, Form (a), Class A, Type a, Fortification ii, Seasoning (a), Agricultural Practice (1) Style 1, Texture 1, Flavor (1)

8930-01-527-8226

PEANUT SPREAD, SMOOTH, CHOCOLATE, REGULAR, STABILIZED, FORTIFIED, SALTED,

CONVENTIONAL; 28 gm flex pg, A-A-20328, PKG&QAP, Form (a), Class A, Type a, Fortification ii, Seasoning (a), Agricultural Practice (1), Style II, Texture 1, Flavor (2)

8930-01-555-4604

PEANUT BUTTER, CHUNKY/CRUNCHY, REGULAR, STABILIZED, FORTIFIED, SALTED,

CONVENTIONAL; 28 gm flex pg, A-A-20328, PKG&QAP, Form (a), Class A, Type a, Fortification ii, Seasoning (a), Agricultural Practice (1), Style I, Texture 3, Flavor (1)

8930-01-426-4749 PRESERVES (OR JAMS), FRUIT, US GRADE A, SINGLE FRUIT, BLACKBERRY, REGULAR; 1 oz (28 gm) flex pg, A-A-20079, PKG&QAP, Type I, Finished Product Quality a, Group I, Flavor A, Style 1

8930-01-426-4752 PRESERVES (OR JAMS), FRUIT, US GRADE A, SINGLE FRUIT, STRAWBERRY, REGULAR; 1 oz (28 gm) flex pg, A-A-20079, PKG&QAP, Type I, Finished Product Quality a, Group I, Flavor Q, Style 1

8930-00-149-1056 JELLY, FRUIT, STANDARDIZED, SINGLE, REGULAR, U.S. GRADE A, APPLE; 1 oz (28 gm) flex pg, A- A-20078, PKG&QAP, Type I, Style 1, Finished Product Quality a, Kind A

8930-00-149-1058 JELLY, FRUIT, STANDARDIZED, SINGLE, REGULAR, U.S. GRADE A, GRAPE; 1 oz (28 gm) flex pg, A- A-20078, PKG&QAP, Type I, Style 1, Finished Product Quality a, Kind M

8950-01-527-8387 MAYONNAISE, FAT FREE; 28 gm flex pg, A-A-20140, PKG&QAP, Type I, Flavor A, Style C

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

8950-01-487-1628 BARBECUE SAUCE, PLAIN/REGULAR, WITHOUT FRUIT PUREES; 28 gm flex pg, A-A-20335, PKG&QAP, Flavor I, Type B

8940-01-713-8140 DESSERT SPREAD, APPLE PIE; 2.0 oz (57 gm) flex pg, PCR-D-005, Flavor 1

C-2. PRIME DOCUMENTS

CID A-A-20078, PKG&QAP Jelly, Fruit CID A-A-20140, PKG&QAP Mayonnaise, Salad Dressing, and Tartar Sauce CID A-A-20328, PKG&QAP Nut Butters and Nut Spreads CID A-A-20335, PKG&QAP Barbecue Sauce CID A-A-20079, PKG&QAP Preserves (or Jams), Fruit PCR-C-039 Cheese Spread, Cheddar, Fortified PCR-D-005 Dessert Spread, Dessert Spread

Applicable versions of documents cited here as prime documents including changes are posted at http://www.dla.mil/TroopSupport/Subsistence/Operationalrations/Frozen.aspx

C-3. DATE OF PACK

A. Acceptance will be limited to product processed and packed subsequent to date of award/beginning of any following Tier year.

C-4. MISCELLANEOUS REQUIREMENTS

A. COMPLIANCE WITH APPLICABLE REGULATIONS

1. The Contractor shall comply with 21 CFR §117 “Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food”, and other applicable regulations. The Contractor shall ensure all sub-contractors comply with all applicable regulations. In addition, the contractor is required to comply with all applicable parts of the Code of Federal Regulations.

2. All products shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, processing, thermoprocessing, packaging, labeling, packing, storage, and distribution of those products.

3. PER- OR POLYFLUOROALKYL SUBSTANCE PROHIBITION. Any food contact substances that are used to assemble and package MRE components shall not contain per- or polyfluoroalkyl substances.

B. PERFORMANCE, PACKAGING AND QUALITY SPECIFICATIONS

1. Unless otherwise specified in Sections C, D, or E of this document, the packaging provisions and quality assurance provisions (verifications) for individual component items are cited in their respective PCRs, http://www.dla.mil/TroopSupport/Subsistence/Operationalrations/Frozen.aspx

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

MIL-STDs, MIL-PRFs, PKG&QAPs, and MIL specs.

2. Order of Precedence for Commercial Item Description (CID) and Packaging Requirements and Quality Assurance Provision (PKG&QAP)

Applicable to those individual rations components procured in conjunction with both a Commercial Item Description (CID) and a Packaging Requirements and Quality Assurance Provision (PKG&QAP), the PKG&QAP shall take precedence, unless elsewhere excepted in this solicitation/contract. In the event of conflict between those procedures, requirements, and inspections cited in a PKG&QAP and those cited in its associated CID, those procedures, requirements, and inspections cited in the PKG&QAP shall control.

C. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

1. As required by PGI 246.201-70, Subsistence; AR 40-657/NAVSUP 4355.4H/MCO P10110.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, Inspection of Subsistence Supplies and Services; DLA Provision 9044, Sanitary Conditions; and as clarified by the Armed Forces Food Risk Evaluation Committee, all Operational Ration Food Components shall originate from establishments sanitarily approved for supplying the specific food item.

2. Sanitary approval is established by:

a. Listing in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement (Worldwide Directory) as established by the US Army Veterinary Services Food Protection Division.

b. An establishment specifically exempted from listing in the Worldwide Directory by AR 40-657/ NAVSUP 4355.4H/MCO P10110.31H paragraph 2-15a(2)(a) through (i).

3. This requirement applies to all Operational Rations and all Contractor Furnished Material (CFM) and Ration National Contracts (RNC) Operational Ration components.

4. Requests for inspection and Worldwide Directory listing by U.S. Army Veterinary Services Food Protection Division will be routed through DLA Troop Support-FTR for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTR, in coordination with the U.S. Army Veterinary Services Food Protection Division.

5. In addition to the above, all producers of MRE food components shall be listed in the Worldwide Directory as determined by the U.S. Army Veterinary Services Food Protection Division.

D. NUTRITIONAL REQUIREMENTS

A nutritional analysis for each product requiring a PDM shall be provided to the U.S. Army Combat Capabilities Development Command (DEVCOM) Soldier Center, Combat Feeding Division for review within two weeks of the award of the contract and each time there is a major formulation change.

1. The nutritional analysis shall be generated by using a commercial Food Analysis and Labeling Software.

The analysis shall be sent electronically to Julie Edwards (julie.a.edwards.34.civ@army.mil) at U.S. Army Combat

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

Capabilities Development Command (DEVCOM) Soldier Center, Combat Feeding Division. The software generated food list files shall be provided for a 100 gm portion. The food item files shall be included in the analysis file.

2. The ingredients and weight of each ingredient shall be included for each formulation.

Nutrients included shall be:

Nutrient Measurement Nutrient Measurement

Weight gram Kilocalorie C

Protein gram Carbohydrate gram

Dietary Fiber gram Fat (Total) gram

Cholesterol milligram Fat (Saturated) gram

Water gram Fat (Monounsaturated) gram

Ash gram Fat (Polyunsaturated) gram

Vitamin A IU Fat (Trans) gram

Riboflavin (B2) milligram Thiamin (B1) milligram

Vitamin B6 milligram Niacin (B3) milligram

Vitamin C milligram Vitamin B12 milligram

Vitamin E (α-equivalents) IU Vitamin D IU

Calcium milligram Folate microgram

Iron milligram Copper milligram

Phosphorus milligram Magnesium milligram

Sodium milligram Potassium milligram

Zinc milligram

b. The nutrients as required under the Nutrient Content paragraph and the verification of the nutrients as required under the Methods of Inspection paragraph in each specification is mandatory.

c. Nutrient measurements shall be to the first decimal.

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

E. INTEGRATED PEST MANAGEMENT PROGRAM REQUIREMENTS

1. The ”Integrated Pest Management (IPM) Program Requirements for Operational Rations,” as of November 2017 is applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this solicitation/contract. The IPM program shall be in existence prior to contract award. The IPM plan shall be submitted to DLA Troop Support. The associated pesticide labels and MSDS documents are not to be submitted to DLA Troop Support, unless specifically requested by the Contracting Officer. The contractor shall have these documents available for on-site review during a Pest Management Audit, Quality Systems Management Visit (QSMV), or Quality Systems Compliance Audit. Evidence of any insect, rodent or pest infestation discovered in contact with materials or equipment used in the production of or found in an end-item component or assembly lot shall be cause for rejection of the involved lot. DLA Troop Support shall be notified within 24 hours when such pest activity has been found and informed of the corrective actions taken. IPM program requirements are found on the DLA Troop Support website at: http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx

F. FOOD DEFENSE

1. The submission and implementation of a stand-alone Food Defense Plan (FDP) is required for this DLA Troop Support Subsistence contract. A Food Defense Plan shall be in existence prior to start of production. The plan shall address those areas of concern listed in the DLA Troop Support Food Defense Checklist applicable to the contractor's facility/operation. A copy of the DLA Food Defense Checklist is available online to download at the web address: http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx or through the applicable Contracting Officer or the DLA Troop Support Quality Audits & Food Defense Branch (DLA Troop Support-FTSB). All areas of concern listed in the DLA Food Defense Checklist must be addressed within the FDP.

Points will be deducted for not addressing each element listed in the DLA Troop Support Food Defense Checklist, or by not providing the information requested (e.g., establishment registration information). Submit Food Defense Plans to the applicable DLA Troop Support Contracting Officer. The Quality Audits & Food Defense Branch is the only DLA Troop Support office authorized to review and approve Food Defense Plans. All Food Defense Plans are maintained and secured by FTSB. DLA Troop Support-FTSB will conduct Food Defense Audits/reviews during Compliance Audits and/or other visits to verify the implementation, compliance, and effectiveness of the firm's Food Defense Plan. For each new contract solicitation, a current FDP shall be submitted to the Contracting Officer for evaluation.

G. CONTRACTOR SANITATION PROGRAM

1. The “Contractor Sanitation Program - Operational Rations,” of November 2015 is applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this solicitation/contract.