HDEC05-12-R-0005 Solicitation Ammendment 1 Conform.doc

Section SF 1449 - CONTINUATION SHEET

REQUIREMENT

This requirement is for the Defense Commissary Agency (DeCA) for miscellaneous commercial operating supplies (MOS) necessary to operate a retail grocery chain. Orders for supplies are to be placed directly with the contractor, using a Central Distribution Center (CDC) level Government Purchase Card (GPC) so orders may be placed as needed – typically on a monthly basis. The contract will have period of performance effective date of 30 days after contract award. The contract will be for one base year from September 1, 2012 through August 31, 2013, with the possibility of four additional one year options which could potentially extend contract performance through August 31, 2017.

DeCA encourages participation of small businesses as possible prime contractors as well as subcontractors for any possible award resulting from this solicitation.

Misc Operating Supplies - Europe

FFP

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany). See attached spreadsheet for unit/item pricing and estimated quantities on Attachment 1.

Base Year: September 1, 2012 through August 31, 2013.

FOB: Destination

NET AMT

FFP

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany). See attached spreadsheet for unit/item pricing and estimated quantities on Attachment 1.

First Option Year: September 1, 2013 through August 31, 2014.

NET AMT

FFP

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany). See attached spreadsheet for unit/item pricing and estimated quantities on Attachment 1.

Second Option Year: September 1, 2014 through August 31, 2015.

NET AMT

FFP

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany). See attached spreadsheet for unit/item pricing and estimated quantities on Attachment 1.

Third Option Year: September 1, 2015 through August 31, 2016.

NET AMT

FFP

Miscellaneous Operating Supplies for Europe (Germersheim CDC, Germany). See attached spreadsheet for unit/item pricing and estimated quantities on Attachment 1.

Fourth Option Year: September 1, 2016 through August 31, 2017.

NET AMT

DELIVERY INFORMATION

31-AUG-2013

HQCE29

DECA CENTRAL DISTRIBUTION CENTER

BLDG 7900

6728 GERMERSHEIM

HQCE29

31-AUG-2014

HQCE29

31-AUG-2015

HQCE29

31-AUG-2016

HQCE29

31-AUG-2017

HQCE29

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

CLAUSES INCORPORATED BY FULL TEXT

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM

QUANTITY

QUOTATION

TOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies within the time specified in this contract, and a separate order has to be placed with another company, the Contractor shall, in place of actual damages, pay to the Government liquidated damages equal to the difference in the cost of the item(s) plus $21.00 per order. Liquidated damages shall be assessed and credited on the next order placed by the CDC.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.212-1 Addendum, “Instruction to Offerors” Addendum to FAR 52.212-1

The following paragraphs are altered as follows:

(a) North American Industry Classification System (NAICS) Code applicable to this solicitation is 322223 and the Size Standard is 500 Employees. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) for all appropriate FAR and DFAR clauses, via the ORCA website, and in conjunction with the required registration in the Central Contractor Registration (CCR) database. Both sites may be accessed at https://www.acquisition.gov. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

If the size determination is based on the number of employees, the method for determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding completed 12 calendar months. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] (13 CFR 121.106) If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] (13 CFR 121.104 )

(b) Submission of Offers: Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show –

(1) The solicitation number: HDEC05-12-R-0005;

(2) The time specified in the solicitation for receipt of offers: See Block 8 of SF 1449;

(3) The name, address, and telephone number of the offeror;

(4) Terms of any express warranty;

(5) Price: Complete Line Item Spreadsheet (Attachment 1). All line items must be priced for all years except for items marked as “NSP.” Unit pricing must be rounded to the nearest penny. If prices are not rounded to the nearest penny, the Government will round unit prices as part of the evaluation process. Option year items that are indicated with “NSP” (Not Separately Priced) shall not be priced in the option years. “NSP” items will be evaluated by extending the base year pricing into each option year. If awarded the contract, the offeror’s base year pricing for the NSP items will be adjusted periodically in accordance with the schedule of Economic Price Adjustment (EPA) included in clause 52.216-4506 and the additional instruction under, “EPA for Steel and Aluminum.” The columns entitled, “Proposed Case Pack,” “Commodity Weight,” and item pricing columns (base year for all, and option year for non NSP items) are available for offeror’s input (marked in light yellow on the pricing attachment). Note that changes in proposed case packs must be identified by the offeror with the reason(s) for the proposed change on a separate page. The government reserves the right to reject proposed case pack or unit of issue changes. Changes in proposed case packs will show as bolded and italicized text in the pricing attachment. Any proposed change in case pack will result in a change in the estimated quantity, which is calculated automatically on the pricing attachment.

The following is provided for clarification purposes:

Proposals that do not price all items may be determined as ineligible for award. In this case, a determination will be made as to whether or not the unpriced item is currently available on the open market, and if so the offeror will be asked to price the item. If the item is no longer available, the item will be dropped from the supply list and will not be evaluated, or a comparable substitution specification may be provided by the government for pricing.

In evaluating price, each item will be priced for each option period unless the item is an EPA item, in which case option year pricing is listed as “Not Separately Priced,” or “NSP.” With EPA items, the base period price will be multiplied by 5 to come up with a total contract cost for evaluation purposes only. Proposed case pack changes may be accepted if the government determines that the case pack change meets the government’s needs. Should an offeror wish to propose a different case pack, they can enter that information in the column titled, “Proposed Case Pack (adjust only if needed).” If the number is changed, it will show as “bold” text, and the “Adjusted Est Annual Usage,” will automatically adjust to a new number based on the new case pack.

A simplified example of the pricing spreadsheet for and EPA and non-EPA evaluation follows:

Annual Usage

Completed Example:

Annual Usage

(6) “Remit to” address, if different than mailing address;

(7) A completed copy of the representations and certifications at FAR 52.212-3 and DFARS 52.212-7000. Please note that this requirement must be completed electronically at http://orca.bpn.gov.

(8) Signed acknowledgment of any issued Solicitation Amendments;

(9) Past Performance Survey reference information, to include the names, companies, and contact information for those individuals asked to complete and submit surveys. A minimum of three (3) references are required as follows :

Reference #1

Reference Company:

Name:

Title:

Telephone:

Email:

Reference #2

Reference Company:

Name:

Title:

Telephone:

Email:

Reference #3

Reference Company:

Name:

Title:

Telephone:

Email:

References should represent previous work of similar scope to the requirements in this solicitation and should be current or prior customers (within the past three (3) years).

NOTE: The Government reserves the right to contact the references; therefore, the references should be able to provide information concerning quality of products, timeliness of deliveries, customer satisfaction/business relations, and similarity of experience.

The following requirements for offer submissions are added:

(10) Offerors shall submit a written synopsis of not more than two (2) pages, single spaced, demonstrating the offeror’s ability to fulfill the requirements of the contract. The following will be evaluated from the synopsis:

a. Capability to receive orders, fill orders at a 100% fill rate, deliver those orders, through a low risk distribution/transportation system that ensures product delivery within the required 14 day timeframe. (Some examples may include agreements with manufacturers, warehouse space, and logistics model.)

b. Procedures that assure quality control, delivery of conforming products, and corrective actions that will be taken for contract deficiencies.

Note that in this synopsis, the offorer must identify which of the following will be used to gain access to the Electronic Transportation Application (ETA) website. (See 52.212-4 Addendum (ae)(B)):

External Certificate Authority (ECA)

Common Access Card (CAC)

Transportation Worker Identification Credential (TWIC)

(11) Offerors must submit an electronic copy of the spreadsheet to jason.reedy@deca.mil. Hand written portions and those including signatures may be emailed, faxed, or mailed. The following shall be in the subject line for the email submittal:

“Proposal from (company name) in response to RFP HDEC05-12-R-0005”.

(12) All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing (email is preferable) to Jason M. Reedy, Contract Specialist at jason.reedy@deca.mil no later than July 5, 2012 at 4:00 pm EDT. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers. Questions submitted with regards to Economic Price Adjustments (EPA) regarding products not considered under EPA but the offeror feels should be, should also come with a suggestion as to what index would be used for any such price adjustments.

(13) Complete all applicable clauses that require fill-ins.

(14) Provide proof of compliance with Payment Card Industry Security Standards (PCI SS) in accordance with the PCI Security Standards Council, or the ability to comply within 30 days of contract award notice.

(c) Period of Acceptance of Offers is 120 calendar days.

(d) Product Samples: Offerors may be required to provide samples of items within three (3) days of request at no cost to the government prior to award. However, samples need not be automatically submitted with proposals.

(e) The Government anticipates one award to the lowest priced technically acceptable offeror after considering that the offer received meets the requirements in the RFP.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The evaluation factors for this requirement are as follows:

Technical Capability:

Subfactors:

1. Order Receipt and Fulfillment

2. Distribution/Transportation System

3. Quality Control Procedures

Past Performance:

Subfactors:

1. Quality of Products

2. Timeliness of Deliveries

3. Customer Satisfaction/Business Relations

Price:

1. Pricing will be evaluated to determine fairness, reasonableness, realism, consistency with the technical proposal and required work effort, and overall value to the Government based on competition or comparison with identical or like services. The total price will be determined by adding the total price of the base year line items and the four one year option line items.

2.

Offerors MUST provide pricing for all line items on Attachment 1 for each year unless the item is listed as “NSP” (Not Separately Price). Proposals that do not price all items may be determined as ineligible for award.

3. Offeror’s who have an unreasonably high or low total price may be eliminated from further consideration. Item prices that are deemed grossly unreasonable may also cause an offer to be deemed ineligible for award due to imbalanced pricing.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

All subfactors for Technical Capability and Past Performance are equal.

All evaluation factors other than price, when combined, are approximately equal to price.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

Addendum to 52.212-3 Alt 1

FAR provision 52.212-3 (Alt 1), Offeror Representations and Certifications – Commercial Items, is incorporated by reference in this solicitation. The offeror verifies by submission of this offer that the representation and certifications currently posted electronically at ORCA:

(1) Have been entered or updated in the last 12 months;

(2) Are current, accurate, complete, and applicable to this solicitation; and

(3) Include the business size standard applicable for the NAICS code referenced in this solicitation.

A full copy of 52.212-3 (Alt 1) is available at the ORCA website, at https://www.acquisition.gov/far/index.html, or by contacting the point of contact identified on the face of this document.

52.212-4 Addendum CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)

The following paragraphs are altered or added:

(c) Changes. (Add the following text) The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

(g) Invoice. (Add the following text) (3) Any changes to invoicing or receiving requirements pertaining to Wide Area Workflow (WAWF) shall be supported by the contractor.

(i) Payment. (Add the following text) Authorized ordering officers are defined as DeCA employees that are Government-Wide Purchase Card (GPC) holders located at the commissaries or headquarters.

(Add the following text)

(u) Periods of Performance for this contract are as follows:

Base Year:

September 1, 2012 through August 31, 2013

Option Year 1:

September 1, 2013 through August 31, 2014

Option Year 2:

September 1, 2014 through August 31, 2015

Option Year 3:

September 1, 2015 through August 31, 2016

Option Year 4:

September 1, 2016 through August 31, 2017

(v) Availability: All operating supplies, as described in solicitation shall be available for order at any time throughout the period of this contract. A 100% fill rate is expected for every order. Any changes, as well as additions, deletions or case pack changes of any item shall not be made without the written consent of the Contracting Officer through a bilateral contract modification. The Government may require that items within the general scope of the contract be added as long as those items are commercially available on the open market. A fair and reasonableness determination shall be made by the Contracting Officer for all changes/additons. In order to make that determination, the Contracting Officer may require additional information from the contractor regarding item and delivery cost as well as any other information deemed necessary.

(w) The contractor may reject orders based on invalid credit card information or failure to meet minimum order amount as stated in 52.216-19, “Ordering Limitations.”

(x) Prior to shipment, but no later than 3 days after order placement, the contractor shall provide ordering/CDC personnel an electronic confirmation/acknowledgement for each order. Notification shall include the following at a minimum:

Purchase request number

Items Ordered

Total amount of order

Shipping date

A list of any out-of-stock/backordered items with estimated availability dates*

*Upon receipt of notification, CDC personnel will make a determination to either delete the item(s) from the order or allow it to remain for later delivery as agreed to by both parties.

(y) Ordering: The contractor will accept orders from authorized Government Credit Card holders. All payments will be made by authorized Government Credit Card holders using Government Credit Cards.

1. Web-based ordering is not mandatory, however, should the contractor choose a web-based ordering system, the proposed system must offer the following at a minimum:

a. Office hours that allow authorized ordering individuals to contact the contractor’s customer service at some point during regular business hours (Monday through Friday, 7:30 a.m. to 4:00 p.m. local time for Europe), or a response time of not more than one (1) business day for all orders or questions/concerns.

b. The contractor shall provide authorized users (GPC holders) with a password or Personal Identification Number (PIN) at time of registration on ordering web-site. Contractor will have office procedures as well as up to date web-based security software that is Payment Card Industry compliant, in order to keep GPC safeguarded and secure. Offerors must provide a statement from their servicing bank verifying this standard.

c. Orders are to be placed electronically through the contractor’s secure web based portal, in accordance with the line items identified on the contract, by authorized individuals using a unique purchase request number for each order. The contractor will list each item by CLIN (Contract Line Item, as provided for on Attachment 1) on the ordering site, and shall include a brief description of the item, unit of issue, and the unit price for each item.

d. The web site shall contain an on-line tutorial/quick reference guide or and help button explaining the ordering procedure and processes. The contractor shall provide technical support for the ordering system. Technical support personnel should respond to all queries no later than close of the next normal business day, excluding weekends and federal holidays.

e. The contractor shall provide technical support for any possible online ordering system. Technical support personnel should respond all to queries no later than close of the next normal business day, excluding weekends and federal holidays.

2. For non-web based ordering, the following shall be required at a minimum:

a. Office hours that allow authorized ordering individuals to contact the contractor’s customer service at some point during regular business hours (Monday through Friday, 7:30 a.m. to 4:00 p.m. local time for Europe), or a response time of not more than one (1) business day for all orders or questions/concerns.

b. The contractor will have the ability to take orders by fax, email, or phone.

c. The contractor will have the ability to accept Government Credit Card payment information by phone at some point during regular business hours (Monday through Friday, 7:30 a.m. to 4:00 p.m. local time for Europe).

d. Contractor will have office procedures that will ensure that Government Credit Card information is safeguarded and secure.

(z) Delivery: The required delivery schedule for all items ordered is 14 days after placement of order to the point of embarkation (transshipment point).

(aa) Once the order has been shipped, the contractor is authorized to charge the credit card for the appropriate amount. The order number must be present on the statement issued from the bank so proper identification can be made. Normal credit card payment and dispute procedures apply. Upon receipt of the item(s) at the CDC, a physical inspection will be performed. Items found to comply with the terms and conditions of the contract will be accepted by the CDC. Items found to be in non-compliance with the terms and conditions of the contract will be rejected by the CDC. In the case of a rejection, the CDC will contact the contractor directly to coordinate replacement of the item or items. Rejected items will be replaced by the contractor at no additional charge within 10 days.

(ab) For the purpose of this solicitation/contract, use of the term “delivery order” or “task order” means any order placed by DeCA headquarter personnel or web-based ordering by any DeCA authorized ordering officers. Any reference to “day” or “days” shall mean calendar days.

(ac) Product samples: The awardee may be required to provide product samples of items during the contract performance period to ensure contract compliance. No more than one of each item may be requested per contract year unless quality control problems have been identified for a particular item.

(ad) Reporting Requirements: The contractor shall provide an electronic spreadsheet (excel spreadsheet) by the 7th of each month to the Contracting Officer showing the previous month’s sales information. This spreadsheet shall provide the following information:

CDC Name

Order Number

DeCA Provided CLIN Number

Item Description

Item Cost

Item Quantity

Total Dollar Amount ordered for each CLIN

Total Cost for the Roll-Up Period

The report shall be in a similar format to the following:

Total Cost

The contractor shall provide, if and when requested by the Contracting Officer (no more than monthly), a separate electronic spreadsheet showing any and all orders that contain back-ordered items that could not be delivered within the normal required delivery time. When requested, this report shall contain the following: CDC/location, date of order, item number, quantity, and date of expected/actual delivery.

(ae) Transportation Requirements:

All Shipments are to be FOB: Destination – Transshipment Point

GENERAL Below is a list of the steps that will be taken to coordinate transportation requirements of each delivery order.

The Contractor shall follow instructions indicated below for larger quantity deliveries which fill a 20 or 40 foot container:

A. CONTAINER UTILIZATION

The Government will, to the extent practicable, order in quantities sufficient to provide maximum utilization of a 20 foot or 40 foot container. Maximum utilization occurs where the cube and/or weight of a container is filled with a line item or combination of line items to fill a minimum of 75% of the cubic or weight capacity of the container. If the quantity from a delivery order is such that a container can not be filled to meet maximum utilization of a 20 foot container, the contractor will contact DeCA HQ Transportation Office and advise them of this. The Transportation Office will direct them to go ahead and ship the 20 foot container with proper blocking and bracing for over the ocean movement or direct them to make arrangements to have the pallets moved to Military Distributors/Nash Finch of VA (MDV/NF) for onward movement to the destination.

B. SYSTEMS ACCESS REQUIREMENTS

The contractor must be able to access the Military Surface Deployment and Distribution Command (SDDC) website to process shipments through Electronic Shipper System (ESS).

IMPORTANT NOTE: Individuals that wish to gain access to the SDCC website must obtain an External Certificate Authority (ECA) from one of three commercial sources. An ECA will be required, for users who don’t have a Common Access Card (CAC) or Transportation Worker Identification Credential (TWIC) provided by the government, in order to access SDDC systems through Electronic Transportation Application (ETA).

Registration Process An individual should decide which commercial provider from which they will obtain their ECA. Once this is determined, use the information in this document to contact one of the three commercial ECA provider’s websites. You will need to follow the directions provided by the ECA provider to purchase your certificate.

Below are three commercial ECA providers:

IdenTrust, Inc. (formerly DST) http://www.identrust.com/eca/eta

Email: helpdesk@identrust.com

Phone: 888.882.1104

Operational Research Consultants, Inc. (ORC) http://www.eca.orc.com

Email: ecahelp@orc.com

Phone: 800.816.5548

Verisign, Inc.

http://www.verisign.com/authentication/government-authentication/dod-interoperability/index.html

Email: eca-support@verisign.com

Phone: 1-866-202-5570 option 2 or Local: 650-426-3896

The contractor must contact DeCA HQ Transportation Office and provide physical address where containers are going to be loaded, telephone number and point of contact for their shipping requirements. Shipping point of contact needs to have a valid e-mail address in order to get user id and password for ESS.

DeCA HQ Transportation Office will provide instructions on how to obtain user id and password for Electronic Shipper System (ESS) once the External Certificate Authority (ECA) has been obtained. Once Electronic Transportation Application (ETA) access has been approved by Surface Deployment and Distribution Command (SDDC), DeCA HQ Transportation Office will assist with any questions that may arise.

C. INFORMATION REQUIRED FROM THE CONTRACTOR

1. Within three (3) workdays after the order is issued, the contractor will notify DeCA HQ Transportation Office via input into the ESS system what their container requirements are. Traffic management specialists will book the containers as requested by the contractor.

D. NOTIFICATION OF OCEAN CARRIER

Within 24 hours after providing DeCA HQ Transportation Office of their container requirements, the contractor can go into ESS and retrieve the booking number, carrier name and DeCA cut-off date.

All containers will ship off of the East Coast from Norfolk, Virginia. Containers will be booked as door to door moves. This means the containers will be delivered directly by the ocean carriers to the contractors’ loading facility for loading by the contractor. The contractor will have 2 hours or less to stuff the containers before incurring penalities.The contractor will be responsible for contacting the ocean carriers to arrange for the empty containers to be delivered to their facility for loading.

E. CONTAINER TO BE USED IN FILLING ORDERS

The below information indicates the sizes that are available to use for shipment to the Germersheim CDC:

20 Foot Standard Containers

40 Foot Standard Containers

40 Foot High Cube Containers

F. DOCUMENTATION

After the container is loaded and prior to the container being drayed to the port by the ocean carrier, the shipping point of contact needs to go into ESS and enter the pieces, weight, cube, and seal number for each container.

Prior to sealing each container the shipping point of contact needs to print out the shipping instruction (SI) from ESS and affix a copy of it to the inside of the containers door.

G. CUT-OFF DATE

All containers must be at the designated POE by the specified cut-off date. Established date is two workdays prior to the ocean carriers sail date.

H. ORDER SIZE

Order for supplies placed under this contract may be for a full container or less than a full container (see paragraph A titled; “Container UTILIZATION”) size delivery. If the order is for a full container size requirement, the Contractor will be expected to follow the procedures set forth as stated above. If the order is for less than container size the contractor will be responsible for properly shipping the order to the destination shown under DELIVERY INSTRUCTIONS LESS THAN MAXIMUM UTILIZATION OF CONTAINERS (see below).

DELIVERY INSTRUCTIONS - LESS THAN MAXIMUM UTILIZATION OF CONTAINERS

All Shipments are to be FOB: Destination – Transshipment Point.

The Contractor shall follow instructions indicated below for all small quantity deliveries:

1. EACH BOX IS TO BE IDENTIFIED WITH A WATERPROOF/SMUDGEPROOF LABEL. THE LABEL SHALL LIST THE REQUISITION NUMBER, 13 DIGIT CONTRACT NUMBER (AND 4 DIGIT DELIVERY ORDER NUMBER IF APPLICABLE), AS WELL AS THE NAME OF THE REQUESTING ACTIVITY. AN EXAMPLE OF HOW EACH LABEL SHOULD APPEAR IS AS FOLLOWS:

SHIP TO:

MDV Nash Finch

1133 KINGSWOOD AVE,

NORFOLK, VA 23502

Defense Commissary Agency, Germersheim CDC

IMPORTANT: EACH INDIVIDUAL PACKAGE SHALL BE LABELED

2. The Contractor shall make delivery to the following location on or before the required delivery date between 6:00 a.m. and 2:30 p.m., Eastern Standard Time, Monday through Friday, excluding Federal Holidays. To schedule delivery appointment, contact MDV Nash-Finch at 757-858-9315.

All shipments, whether by truck, parcel post, UPS, or other transportation modes, shall be labeled as stated in the example.

3. THE CONTRACTOR SHALL BE RESPONSIBLE TO COMPLETE THE ATTACHED DD 250 (will be provided upon contract award) AND MAKE DISTRIBUTION AS FOLLOWS:

One copy of the DD 250 shall be included INSIDE the first package being delivered.

One copy of the DD 250 shall be mailed or sent via scanning to the DECA HQ Distribution/Transportation Branch numbers:

DEFENSE COMMISSARY AGENCY

DISTRIBUTION/TRANSPORTATION BRANCH

1300 E AVENUE

FORT LEE, VA 23801-1800

PHONE: 804-734-8000, ,

MARK ALL CONTAINERS FOR GOVERNMENT TRANSHIPMENT TO THE FOLLOWING ADDRESSES: (TO BE IDENTIFIED ON DELIVERY ORDER)

CDC Germersheim

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimiles is 804-734-8009(pause)(pause)79815. This will send documents in pdf form directly to the email account of Jason Reedy, Contract Specialist.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Fixed Price (with EPA), Indefinite Delivery Requirements type contract resulting from this solicitation.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $100,000.00;