Solicitation HDEC02 09 T 0001.doc

Section SF 1449 - CONTINUATION SHEET

Tray Packaged Seafood

FFP

Provide a variety of fresh and frozen, random weight, display case ready, tray-packaged and pouch packed seafood (including finfish, shellfish, crustaceans, mollusks, and specialty seafood items) to the Wright Paterson AFB, OH commissary for resale. "Fresh" seafood includes previously frozen seafood products.

FOB: Destination

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

GENERAL: The solicitation should be read as a whole. Note: Addendum to FAR 52.212-4, entitled Contract Terms and Conditions – Commercial Items, contains the terms and conditions unique to this acquisition. The Defense Commissary Agency (DeCA) will issue a Blanket Purchase Agreement (BPA) to a qualified supplier to provide a variety of fresh and frozen, random weight, display case ready, tray-packaged and pouch packed seafood (including finfish, shellfish, crustaceans, mollusks, and specialty seafood items) to the Wright Paterson AFB, OH commissary for resale. "Fresh" seafood includes previously frozen seafood products. The Government sales estimate for tray packaged seafood at the Wright Paterson AFB, OH commissary for calendar year 2008 is $76,201.47. A Government annual historical usage estimate and historical monthly sales are listed in Attachment B.

1. QUOTE: All quotes in response to this solicitation must be written. Quotes must be signed, dated and received by April 14, 2009, 4:00 pm, Eastern Daylight Savings Time (DST) at the Defense Commissary Agency, ATTN: PSCS/M. Funk, 1300 E Street, Fort Lee, VA 23801-1800, telephone 804-734-8000, extension 48905. The quote in response to this solicitation must include all information required by paragraphs 1.1. through 1.7.7. below:

1.1. Standard Form 1449: Complete a Standard Form 1449, by completing blocks 17a (include DUNS number), blocks 30a, 30b, and 30c by someone in the company having the authority to bind the company contractually and page 3 of this solicitation. On Page 3 enter the total of the core item pricing from Attachment D. Provide individual product pricing on Core Item List, Attachment D. Core item pricing shall include all packaging, transportation costs, fuel charges, etc.

1.2. Supplier Information Sheet: Provide a completed Supplier Information Sheet, Attachment C. This information should match the Supplier’s information in the Government’s Central Contractor Registration (CCR) database at website www.ccr.gov. A CCR registration is mandatory before an award is made. Note: The establishment of electronic funds transfer data occurs during CCR registration.

1.3. FAR 52.212-3, Offeror Representations and Certifications: Complete and submit in accordance with subparagraph 1.3.1. OR 1.3.2.:

1.3.1. Electronic: Annual representations and certifications electronically at Website - http://orca.bpn.gov. Include in the quote package a statement that the on-line Offeror Representations and Certifications are current.

1.3.2. On Paper: FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (SEP 2007) Alternate I (APR 2002), below. Provide all information with the exception of paragraphs (f.) and (g.), which are not applicable to resale seafood. If the bidder elects this option, a completed paper copy of the Offeror Representations and Certifications – Commercial Items shall be submitted as part of the bidder’s quote.

1.4. FAR 52.232-4500, Delivery Ticket Invoice (DTI) Procedures: Provide all information required by FAR 52.232-4500, Delivery Ticket Invoice (DTI) Procedures, below, by filling in the blanks. Note: Information must match the Supplier’s CCR registration.

1.5. Product Offering: by submitting a quote, the supplier certifies that they shall be able to provide all items listed on the Historical Sales List, Attachment B. The offeror shall enter in the Historical Sales List and submit as part of the quote whether each product will be available and provided fresh, frozen or both, and the seasonal availability. The offeror may add and submit additional items and seasonal availability to the Historical Sales List. Year round availability is acceptable.

1.6. Provide a copy of all state and federal inspection agency permits and certifications issued to your company in the last 12-months. If none issued; then, enter on the bottom of the Supplier Information Sheet, Attachment C, this statement “No state and federal inspection agency permits and certifications issued in the past 12 months.”

1.7. Technical capability evaluation: The Government’s technical capability evaluation will be based on the information submitted by the supplier in response to the subparagraphs 1.7.1. – 1.7.7. below and relevant information in Government past performance history databanks, as applicable.

1.7.1. Experience and Seafood Product Descriptions: Describe the Company’s experience in supplying seafood, in particular tray packaged and pouch pack seafood, to retail establishments or retail customers. Describe the types of finfish, shellfish, crustaceans, mollusks and specialty seafood items the supplier provides routinely and seasonally.

1.7.2. Seafood tray-packaging experience: Describe supplier’s equipment, and its condition, which will be is used to package products for this solicitation.

1.7.3. Product Packaging and Labeling: Describe the type of packaging the supplier uses to tray package and pouch pack seafood products. Describe the supplier’s ability to print bar code labels with product name, weight, price per pound, sell by date, sale price, allergen information, etc. Describe how the supplier records Country Of Origin Label (COOL) on tray packs.

1.7.4. Order Lead Time and Shelf Life: Provide order lead time, stated in days, from the time supplier orders products from their sources to products arriving at the commissary. Provide shelf-life time in days from delivery to the commissary.

1.7.5. Delivery: Describe how the company intends to get seafood products from their sources to the commissary. Describe how often the supplier intends to make deliveries to the commissary.

1.7.6. Customer Complaints & Special Orders – Describe the supplier’s methods of handling complaints, returned seafood products and special orders.

1.7.7. Past Performance. List at least 2 companies you have provided seafood, especially tray-package seafood, to within the last 2-years. The list should provide a point of contact their phone number, e-mail address (if available), and address. These companies may be contacted to verify your company’s adherence to contract schedule, history of reasonable and cooperative behavior, and business-like concern for the customer. If you have been providing tray pack seafood products to DeCA, this past performance information is not necessary.

2. QUALIFICATION REQUIREMENTS:

2.1. Definition: “Qualification requirement” as used in this solicitation, means a Government requirement for inspection of supplier’s facility that must be completed before award.

2.2. Inspection: Prior to the establishment of a BPA as a result of this solicitation, a source must be listed in the 'Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement' (Website: http://vets.amedd.army.mil/86256F90007C2D1D/VETCOM) or provide proof of other Federal inspections accepted by the U.S. Army Veterinary Command. This requirement applies to partnership arrangements and subcontractors of potential suppliers. Note: An inspection by the U.S. Army Veterinary Command is necessary if seafood products are supplied from unapproved source(s) see Addendum to FAR 52.212-4 -- Contract Terms and Conditions, paragraph 6 below. Inspection lead-time is approximately 60 days.

3. POINT OF CONTACT:

For information regarding this solicitation contact Mr. Mark Funk via e-mail at: mark.funk@deca.mil, or via telephone at: 804-734-8000, extension 48905.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

The Government will evaluate and award a Blanket Purchase Agreement (BPA) to the responsible Supplier who is technically acceptable with the lowest price determined to be fair and reasonable. (End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) ( ) Are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed End Product

Listed End Product Listed Countries of Origin:

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

( ) TIN: --------------------.

( ) TIN has been applied for.

( ) TIN is not required because:

( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

( ) Offeror is an agency or instrumentality of a foreign government;

( ) Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

( ) Sole proprietorship;

( ) Partnership;

( ) Corporate entity (not tax-exempt);

( ) Corporate entity (tax-exempt);

( ) Government entity (Federal, State, or local);

( ) Foreign government;

( ) International organization per 26 CFR 1.6049-4;

( ) Other ----------.

(5) Common parent.

( ) Offeror is not owned or controlled by a common parent;

( ) Name and TIN of common parent:

Name --------------------.

TIN --------------------.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

(End of provision)

ADDENDUM TO FAR 52.212-4

Contract Terms and Conditions

1. DESCRIPTION OF AGREEMENT:

This BPA is for the acquisition and delivery of a variety of fresh and frozen, random weight, display case ready, tray-packaged and pouch packed seafood (including finfish, shellfish, crustaceans, mollusks, and specialty seafood items), to the Agency commissary at Wright Patterson AFB, Ohio, for resale. The historical sales and product sales estimate are in Attachment B. Upon request by the Contracting Officer or the authorized Ordering Officer, the Supplier shall furnish various seafood products. Authorized Ordering Officers are: the Store Director, the Store Administrator, and the Meat Department Manager. The Government will bear responsibility of the product after off-load and acceptance from the Supplier, Supplier’s representative(s), or Supplier’s carrier(s). However, the supplier shall provide to the Government credit back for any products damaged by the Supplier, Supplier’s representative(s), Supplier’s carrier(s), or products returned because of latent defect. The type of contract is Firm Fixed Price Blanket Purchase Agreement. FOB Destination, Net 7 days.

2. PERIOD OF AGREEMENT: Period of Agreement is June 1, 2009, or a date of award, which ever is later, through May 31, 2010, unless sooner cancelled by either party prior to performance end date. See “Cancellation Notice” at paragraph 14 below.

3. EXTENT OF OBLIGATION AND INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA: The Government is obligated only to the extent of authorized purchases actually made under this BPA by authorized Ordering Officers. Supplier deliveries without a call order number and which are not coordinated with the Ordering Officer may not be accepted. The Supplier shall not set a minimum on the dollar amount per order, minimum product weight per order, nor on the number of deliveries to be made during any given period.

4. PURCHASE LIMITATIONS: As specified in the Defense Commissary Agency Acquisition Regulations Supplement (DeCAARS) to the Federal Acquisition Regulation 13.303-5, orders for subsistence may be without monetary limitation. DeCAARS are available at: http://www.commissaries.com/business/DeCAARS.cfm.

5. CALLS: The Ordering Officer will place orders by telephone or fax to the Supplier and assign a call number to orders issued under this BPA. Duplicate call numbers ARE NOT ACCEPTABLE. The Supplier may suggest replacement selections and quantities; however, the Ordering Officer must approve these and a call order number must be assigned prior to acceptance.

6. PRODUCT QUALIFICATION REQUIREMENTS:

6.1. Inspection: Seafood products sold to DeCA patrons shall be from approved sources, which are found in the "Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement", or provide proof of other Federal inspections accepted by the U.S. Army Veterinary Command. The U.S. Army Veterinary Command directory is available at website http://vets.amedd.army.mil/86256F90007C2D1D/VETCOM. Prior to the establishment of a Blanket Purchase Agreement (BPA) as a result of this solicitation, a supplier must be approved by the Contracting Officer. Note: An inspection by the U.S. Army Veterinary Command is necessary if seafood products are supplied from unapproved source(s). Inspection lead-time is approximately 60 days.

6.2. Packaging: Seafood shall be provided as case ready and shall be packaged in consumer size packages with oxygen permeable wrapping (if to be sold chilled). All product provided under this BPA shall be packaged utilizing the suppliers best practices and materials, to assure providing the best quality seafood to the patrons. The use of FDA and US Department of Commerce (USDC) approved absorption pads is authorized.

6.3. Labeling: All individual product packages and all bulk packages provided under this BPA shall be labeled in compliance with all Federal (including FDA, US Department of Agriculture (USDA) Country-Of-Origin Labeling (COOL) and USDC), state and local requirements. As a minimum, all individual product package labeling shall include scannable bar code labels coded for the “Meat Department” with product name, weight, price per pound, sell by date, sale price, allergen information, nutritional information and method of production (farm raised or caught wild). All labels shall have the appropriate standard UPC / PLU number. All “sell by” dates shall be open (i.e., day, month, and year – April 3, 97; 3 April 1997).

6.3.1. Each type of seafood labeling shall also include:

6.3.1.1. Fish – shall be labeled with the acceptable market or common name, as provided in the FDA Guide to Acceptable Market Names for Food Fish Sold in Interstate Commerce (The Fish List) 2002 or later editions.

6.3.1.2. Molluscan Shellfish –shucked fresh or frozen shellfish shall have affixed to the label the Interstate Certified Shellfish Shippers List Number indicating source of the products.

6.3.1.3. Shrimp – shall be labeled with the common species name, market form, and counts per/lb. Shrimp, which have been treated with additives to enhance their keeping quality, must be labeled with those ingredients.

6.3.1.4. Other Seafood – shall be labeled with sufficient information for patrons to determine species, market form, and ingredients other than seafood flesh.

6.4. Product Quality: All seafood provided on this BPA shall comply with all provisions of Inspection Requirements – Case Ready Seafood, Attachment A.

6.5. Age on Delivery and Product Shelf Life Requirements:

6.5.1. Fresh Shucked Shellfish and Oysters shall be delivered with at least one half (50%) of their shelf life remaining.

6.5.2. Frozen Seafood shall be delivered with at least one half (50%) of the manufacturer’s shelf life remaining. Frozen fish to be merchandised thawed shall be received frozen

6.6. Product Recall: The supplier shall comply with all provisions of Inspection Requirements – Case Ready Seafood, Attachment A.

6.7. Directives: The Supplier shall comply with the latest version of FDA Food Code. The Food Code is available at www.cfsan.fda.gov/~dms/foodcode.html.

7. DELIVERY REQUIREMENTS: Delivery timeframes and days, as indicated in paragraph 8, shall be adhered to throughout the term of the BPA, including any modification to the BPA. All fresh seafood delivered under this BPA must comply with the Inspection Requirements for Case Ready Fresh Seafood, Attachment A. The Receiving Officer will refuse those items not acceptable to the Government at the time of delivery, and the delivery documentation shall be adjusted accordingly.

8. DELIVERY SCHEDULE: The Supplier shall make deliveries in accordance with the delivery schedule shown.

Defense Commissary Agency

Wright-Patterson AFB Commissary

Bldg 1250 Area C, Kittyhawk Area

2130 Sycamore Street Suite 1

Wright Patterson AFB, OH 45433-5442

DAYS: Tuesday, Thursday, Saturday

TIME: 7:00 a.m. – 12:00 noon

Primary POC: Meat Manager, Mr. Anthony Glasburn

Alternate POC: Meat Dept. Lead, Mr. Chad Roth

Alternate POC: Store Manager, Mr. Paul Parker

Telephone: (937) 257-2060, Fax: (937) 257-7228

9. OBSERVANCE OF OPERATIONAL DAYS/HOURS: The Supplier is cautioned that the day(s) and the hours the commissary will be opened for business and delivery receipt, may change due to holidays, inclement weather, emergency conditions, and changes in operating hours/days. The commissary follows the operational status of the host installation. The current operational status of the Wright Patterson AFB is available at www.wpafb.af.mil or by phone: 937-656-7669.

10. PRICING:

The commissary patron shall realize a cost savings over the costs of same or similar items from commercial supermarkets in the same geographical area as the store. Proposed pricing accepted for award shall remain in effect for 60 days after award. Thereafter, adjustments in prices may reflect current market trends and product availability.

11. WEB PRICING: The Supplier shall enter weekly price changes utilizing the DeCA Web Pricing system at the website located at https://www/deca-ec.com/DeCA/ no later than 6:00 PM EDT/EST on each Tuesday. Weekly pricing or corrections thereto received by DeCA after 6:00 PM EDT/EST of each Tuesday may be considered late.