SF1449_SPE302-21-R-X001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000108155

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE302-21-R-X001

5. SOLICITATION NUMBER

2020 NOV 16

6. SOLICITATION ISSUE

DATE

Anna Hamada PAA1623

a. NAME

Phone: DSN-315-474-2

b. TELEPHONE NUMBER (No Collect calls)

2020 NOV 30

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE302

DLA TROOP SUPPORT INDO-PACIFIC

1025 QUINCY AVE, SUITE 1000

JBPHH HI 96860-3520

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

311812NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 38 PAGES

SPE302-21-R-X001

Request for Proposal SPE302-21-R-X001 is designed to place market ready items, all fully competitive, on a contract for the customers in the Guam area indicated in the attachment. The resultant contract will be a fixed price Indefinite Quantity Contract (IQC) with fixed price for all items, for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor. The effective period for any contract resulting from this solicitation shall be from December 20, 2020 through December 16, 2023. The pricing will remain firm fixed for each pricing tier for a term of 36 months (three-year period), with two separate pricing tiers, TIER (1) The first pricing tier shall begin on the award date and be for a 24-month performance period (Sunday, December 20, 2020 through December 17, 2022).

TIER (2) The second pricing tier shall be for the following 12-month performance period (Sunday, December 18, 2022 through Saturday December 16, 2023).

The effective ordering period for any contract resulting from this solicitation shall be for a term of thirty-six (36) months (three (3) year period), ordering from the catalog shall start.

SEE THE ATTACHMENTS

Attach_1 SCHEDULE OF ITEMS

Attach_2 CUSTOMER LIST

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

PAGE 4 OF 38 PAGES

SPE302-21-R-X001

SUPPLIES/SERVICES:

MFR. CAGE: 3RFQ3 P/N: SEESOW

ITEM DESCRIPTION:

CAGE/PN: 3RFQ3 / SEESOW

PUBLIC RFQ HQ DLA PROCUREMENT

SYSTEMS

CAMERON STATION

ALEXANDRIA VA 22304-6100

USA

Phone: (703)274-786

NO EXCEPTION DATA

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 CAGE/PN: 3RFQ3 1.000 EA $ ________________ $ ________________

SEESOW

Institutional Feeding Div-Philadelphia

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 30 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA-QUP:001

SHALL BE PACKAGED STANDARD IN ACCORDANCE WITH ASTM D 3951.

All DLA Master List of Technical and Quality Requirements take precedence over ASTM D3951.

Mark and label all packaging and packing in accordance with MIL-STD-129.

The Unit of Issue (U/I) and Quantity per Unit Pack (QUP) will be as specified in the contract/purchase order.

PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING

REQUIREMENTS FOR PROCUREMENT

PARCEL POST ADDRESS:

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

CONTRACT

FREIGHT SHIPPING ADDRESS:

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000108155 0001 N/A N/A N/A N/A

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 38 PAGES

SPE302-21-R-X001

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

Part 12 Clauses

STATEMENT OF WORK

I. INTRODUCTION

A. The Defense Logistics Agency (DLA Troop Support) intends to support the needs of its customers by entering into one (1) Indefinite Quantity Contract (IQC) to supply fresh Bread and Bakery Items for the Guam Area of Responsibility (AOR).

Customers are stated in the attached Customer List for Guam. This solicitation contains the estimated bread and bakery requirements for each individual item in the Schedule of Items, Price List Fill-In.

NOTE: Customers may be added or deleted during the period of the contract. (SEE CONTRACT ADMINISTRATION DATA

SECTION, ADDITIONAL CUSTOMERS FOR DETAILS)

B. The resulting contract will be a fixed price Indefinite Quantity Contract (IQC) that provides for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 6.504(a)). The contract will be for a three-year period. The effective ordering period of any contract resulting from this solicitation shall begin from December 20, 2020 through December 16, 2023.

1st tier (24 months): December 20, 2020 to December 17, 2022

2rd tier (12 months): December 18, 2022 to December 16, 2023

C. Delivery - Items should be routinely delivered in accordance with offerors stated lead time; or an alternate delivery schedule as specified or mutually agreed and reduced to written modification. The current delivery schedule for each location is set forth on Deliveries section. Offerors shall indicate their agreement to the current schedule or propose an alternate schedule.

Delivery on all products is required, no less than on a weekly basis and should be in accordance with standard commercial practice.

II. ORDER LIMITATIONS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

A. MINIMUM/MAXIMUM QUANTITIES AND ESTIMATED CONTRACT DOLLAR VALUE: The quantities shown on the “Schedule of Items” represent the quantities estimated to be ordered for each year of the three (3) year contract. The tier pricing, for the three (3) year is identified in the spreadsheet in a separate column. Offers will be evaluated based on the estimated quantities.

1. The contract guaranteed minimum amount to be ordered under any contract is 10% of the total estimated contract dollar amount.

2. The total maximum ceiling amount, which can be ordered under the contract is 200% of the estimated total contract dollar amount.

B. The estimated total contract dollar amount will be calculated based on the aggregate unit prices for all items at the combined estimated quantities for the three (3) year period. Actual quantities ordered may vary among the line items.

C. The delivery order(s) shall specify delivery(ies) no less than 48 hours from the date of issuance of the delivery order.

Changes and/or cancellations to delivery order(s) may be made by giving contractor no less than 24-hour notice to be computed from time of receipt by the contractor of the written or oral change(s) or cancellation(s).

III. PRICING

A. The Schedule of Items in Attachment #2 represents 100% of the estimated dollar value of this procurement for the thirty-six (36) month period. Offerors must submit pricing information on the pricing spreadsheet.

B. NOTE: The estimated yearly usage value column shown in the schedule of items represents the total estimated order quantity to be used on yearly basis for each individual item.

C. Offerors are required to submit an electronic copy of their current Wholesale Price List, Catalog Price Schedule or other documents containing commercial pricing information.

D. Prices shall be FOB Destination only.

E. Offerors are required to cross-reference the prices on the Wholesale Price List, Catalog Price Schedule or other pricing documents to the item number on the solicitation. There are several ways of accomplishing this, including writing the item number, as specified in the solicitation, next to the price and item description on the price list. Please do not submit a separate list of information especially prepared for this solicitation; the pricing catalog, complete with cross-references, is requested.

F. In order to accommodate the Government's ordering system, the Subsistence Total Order and Receipt Electronic System (STORES), unit prices are limited to a maximum of two (2) places after the decimal point.

G. Prices for the contract(s) resulting from this solicitation will be FIRM FIXED for all items for the entire 36-month period.

IV. SCHEDULE OF ITEMS

A. IMPORTANT NOTE: Items not on STORES catalog CANNOT be ordered from the contractor under the resulting contract.

Payments will not be made for items not appearing on the catalog at time of order. The STORES catalog for this contract will only consist of items solicited in the Schedule of Items of this solicitation.

B. If a customer desires to order a bread or pastry item not listed on the resultant contract, a written request to the DLA

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

Troop Support Market Ready Contract Specialist shall be submitted to have the item added. The Contract Specialist will contact the vendor and arrange to have the item added to the STORES catalog in coordination with the Contracting Officer.

C. Prior to its inclusion in the STORES catalog, the pricing for each additional item must be negotiated and the Contracting Officer must determine that the price for the respective item is fair and reasonable.

D. The Government reserves the right to remove any items from the Schedule of Items from the Group should an (all) offeror

(s) not bid on all items in any Group.

V. ADDITIONAL CUSTOMERS

A. The Government reserves the right to add DoD and non-DoD customers from the same distribution area as the successful contractor, based on a mutually agreed upon implementation plan followed by formal modification to the contract.

B. The increase in the new business will not change the contract maximum of $2,000,000.00.

C. Additional customers are limited to those that receive Federal funding.

D. The Government reserves the right to unilaterally remove DoD and non-DoD customers from the resultant award by way of formal modification.

VI. CUSTOMER SERVICE POLICY

The contractor shall treat each of the customers covered under the contract as one of its best customers. Therefore, any treatment and/or customer service policy given to other essential accounts shall also be given to the customers covered under the resulted contract.

VII. NON-MANUFACTURER / NON-DISTRIBUTOR

All offerors are required to provide product originating from a sanitarily approved source and in delivery conveyances that are subject to the Sanitary Conditions clause in the solicitation. Offerors indicating a Place of Performance (manufacturing location) that is not under the day-to-day control and management of the offeror shall submit documentation that an agreement for production and distribution is in effect at the time of offer covering the period of the contract. The documentation must be signed by the offeror and the proposed subcontractor(s). This does not include similar entities & affiliates of the offeror but applies to non-manufacturers, partners, subcontractors and similar entities that would be performing on the proposed contract but are not the offeror itself. Offerors using a consortium, joint venture or other teaming approaches shall provide evidence of experience pertaining to the execution of the requirements of the solicitation.

The freshness requirement of the product being delivered may not be compromised. The offeror's distance from the delivery location is very important. The offeror must be capable of delivering product to arrive at the delivery location the same day for emergency orders.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

Ordering System

I. Subsistence Total Order and Receipt Electronic System (STORES)

A. STORES is the Government's ordering system which is capable of accepting orders from any of the Services', i.e. Army, Air Force, Navy or Marines, individual ordering systems and translating the orders into an EDI (Electronic Data Interchange) format. In addition, this information is transmitted to DLA TROOP SUPPORT for the purposes of contractor payment and customer billing.

B. Customers will be able to order all of their Bread and Bakery requirements through STORES.

C. Initially, a copy of the STORES Orders will be transmitted via FAX (unless they are an EDI vendor) from the customers listed in this solicitation to the successful awardee. While it is not a requirement of this solicitation, vendors are encouraged to have a separate FAX line in order to accommodate orders in a timely, efficient manner.

D. EDI capability is not a requirement for award under this solicitation; however, offerors should consider moving towards a fully functional EDI environment. In order to interface with STORES electronically, the offeror must be able to support the following EDI transaction sets:

• Catalog (Vendor to DLA TROOP SUPPORT)

• Purchase Order

• Functional Acknowledgment

• Receipt

• Invoice (optional at this time)

E. It is preferred that the successful vendor has access to the Internet and is able to send and receive electronic mail (e-mail).

F. The EDI-capable vendor must be able to conform to the Government's format for Item Descriptions on both the catalog and the invoices. The Government's format begins with a broad category and then continues with a more general description. For example, a 16-ounce loaf of whole wheat bread would be described as “Bread, Whole Wheat, Fresh, pan baked, round top, 16 oz. pg.”

G. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point.

II. Order Placement

1. Customers shall place orders via STORES to accommodate order lead time stated on contract. Orders shall generally be sent no later than 10:00 a.m. two (2) days prior to the desired delivery date (or specified lead-time on contract) in order to ensure maximum availability of product. However, a customer may decide to place an order with a longer lead-time for delivery except as noted on Section VI-A. Holidays of this Solicitation.

2. The vendor should notify the customer, no later than 24 hours after order placement, of the non-availability of an item. If it appears that the vendor will not be able to fulfill the order in time to meet the required delivery date, the vendor shall either offer the customer a substitute of equal or higher quality and of equal or lower cost, or advise the customer of its Not-in-Stock position.

3. There shall be no line-item (LSN) additions to existing STORES orders. Requirements for additional LSN's to prior/existing orders shall be ordered by customers via STORES as a new and separate STORES order.

4. All pricing is at the time the order is placed.

Purchase Orders

There shall only be one invoice per purchase order and only one purchase order per day. This will reduce invoice and payment

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED) issues. At no time is a delivery driver permitted to deliver items that do not appear on the purchase order.

DESCRIPTIONS/SPECIFICATIONS

Product Quality

A. All fresh products delivered under this contract must conform to the following freshness requirements.

1. Bread, Cakes, Doughnuts, Muffins, Pies and Rolls must be delivered no more than 24 hours after baking. Following a non-bake day/non-delivery day, these items must be delivered no more than 48 hours after baking.

2. Brown and Serve Rolls must be delivered within 36 hours after production.

3. Bakery Products shall include mold inhibitors of the proper level as allowed by the USDA.

B. Commercial standards should be used to maintain temperatures appropriate for the individual items. Bakery products shall include mold inhibitors of the proper level as allowed by the FDA.

NOTE:

All products shall be produced using good commercial practices, which will result in all items being delivered being able to be used for their intended use. All products shall be processed, packaged, and packed in such a manner, to prevent crushing or damage to the product prior to delivery. Product MUST be allowed to cool sufficiently after baking so that condensation does not occur within the bags, which could result in molding of the product.

Packaging, Packing and Labeling

A. All packaging and packing shall be in accordance with good commercial practice. Except Bread & Bakery Products, they are to be delivered in commercial type containers (Disposal Boxes) which prevents crushing of the product(s). Due to space limitations, boxes cannot exceed the following dimensions: 26” X 22”. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated there under.

B. All items must be identified with readable dates (open code dates), coded dates, or with color-coded twist ties. Contractors that do not use open dating will provide a product code number key/twist tie color listing. The product code number key/color coded twist tie listing shall explain the actual date of production or processing. After award of contract under this solicitation, the successful awardee shall provide a copy of key/color codes listing to each destination's receiving officer and each destination's inspection agency prior to the first delivery. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

C. All items must be adequately protected during inclement weather.

Inspection and Acceptance

A. Inspection and Acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Medical Personnel, or Contracting Officer Representative.

B. All deliveries are subject to military veterinary inspection. Contractor's delivery vehicles will stop and report to the veterinary inspection points as designated for inspection of its products before proceeding to any other designated delivery point. In

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED) addition, the delivery vehicles may be inspected for cleanliness and condition.

C. The Food Service Officer (and/or) Authorized Receiving Official (ARO) at each delivery point (are/is) responsible for inspecting and accepting products as they are delivered. The invoice/delivery ticket shall not be signed prior to inspection of the product. All overages, shortages, and/or returns are to be noted on the delivery ticket by the receiving official and the truck driver. A signature on the delivery ticket/invoice denotes acceptance of the product.

D. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Contractor Quality Program

The contractor should develop and maintain a quality program for product acquisition, warehousing and distribution to assure the following:

• Standardized product quality;

• The usage of First-In, First-Out (FIFO) principles;

• Product shelf life is monitored;

• Items are free of damage;

• Correct items and quantities are selected and delivered;

• Customer satisfaction is monitored;

• Product discrepancies and complaints are resolved and corrective action is initiated;

• Supplier, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support;

• Compliance with EPA and OSHA requirements;

• Salvaged items or products shall not be used;

The vendor is responsible to contract for independent third party warehouse audits for each proposed place of performance as part of any resultant contract. At a minimum, the third party audits are to take place annually and submitted to the contracting officer within 30 days calendar days of completion of audit. The vendor must achieve a passing score without major deficiencies in order to continue performance under any resultant contract. The vendor is to submit a copy of each third party warehouse audit (i.e., American Institute of Baking (AIB) certification other state or federal sanitation inspections) to the contracting officer prior to contract award. Failure to submit timely and complete audit reports may result in termination of the contract (Third party warehouse audits exclude Government agency audits). The vendor shall have in place the proper temperature controls in their warehouse to ensure product is stored at commercially acceptable temperature settings.

Warehousing and Sanitation Program/Stored Product Pest Management

The contractor shall develop and maintain a sanitation program and a stored product pest management program for food and other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, the Food, Drug, and Cosmetic Act of 1938 as well as all pertinent state and local laws and regulations. Records of inspections performed by the firm, subcontractor, or recognized industry association shall be maintained and made available to the Government at the Contracting Officer's request.

Contractor Quality Audits

The Government may conduct formalized audits to verify the vendor's adherence to the contract requirements and the quality of

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED) product being supplied under any resultant contract.

Recall Procedures Requirements

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

(1) Immediately notify the following personnel:

a. Customers that have received the recall product

b. DLA Troop Support Contracting Officer

c. DLA Troop Support Account Manager

d. DLA Troop Support Customer Safety Officer at 215 737 2922, email dscpconssafofc@dla.mil

(2) Provide the following information to the DLA Troop Support Consumer Safety Officer:

a. Reason for recall

b. Level of recall, i.e., Type I, II or III

c. Description of product

d. Amount of product

e. List of customers that have received product

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

(3) The vendor should provide a Final Status Report of Recall, when completed, to the DLA Troop Support Consumer Safety Officer.

(4) At the discretion of the affected customers, the vendor shall either replace at no additional cost or adjust the invoice quantity for any recalled product. Delivery of replacement product shall occur at the discretion of the customer.

Non-Compete Provision

The offeror warrants that it will not actively promote, encourage, or market any of the customers on this acquisition away from a resultant DLA Troop Support contract and onto a contract of any other Government agency or commercial entity. This prohibition applies both on a pre-award and post-award basis.

Food Defense/Force Protection

DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. The offeror must ensure that products and/or packaging have not been tampered with or contaminated throughout the growing, storage, and delivery process. Contract awardee will ensure to complete security of all conveyances to any military installations. The offeror must immediately inform DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. As the holder of a contract with the Department of Defense, the awardees should be aware of the vital role they play in supporting our customers. It is incumbent upon the awardees to take all necessary actions to secure product delivered to all military customers, as well as any applicable commercial destinations.

Rapid Gate/DBIDS

Many bases currently require enrollment in RapidGate/DBIDS and will not allow entry without RapidGate/DBIDS clearance.

During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract.

Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED) delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website at http://www.rapidgate.com.

Information For DBIDS please contact your local DLA Contracting Officer Representative.

Warranties

The supplies furnished under the resultant contract(s) shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies and the rights and remedies provided therein are in addition to and do not limit any rights afforded to the Government by Clause 52.212-4(o) “Warranty” contained in the solicitation.

Rejection Procedures

A. If product is determined to be defective, damaged, or compromised in any other manner, it may be rejected by the Authorized Receiving Official (ARO). All suspect items shall be segregated.

B. When product is found to be nonconforming or damaged or otherwise suspect, the receiving personnel shall notify the Food Service Officer (FSO) (and/or) Authorized Receiving Official.

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. However, failure to promptly inspect or accept supplies shall not relieve the contractor from responsibility, nor impose liability on any of the customers, for nonconforming supplies.

D. If an item is rejected at the time of delivery, the delivery ticket/invoice must be annotated to reflect what item(s) and quantity (ies) were affected. The line item dollar value, as well as the total invoice dollar value, must be adjusted to reflect the adjusted value of the shipment.

E. If product is rejected after the delivery occurred, the vendor must pick up the rejected product at the time the next regular shipment is made.

Contract Closeout

Individual delivery orders shall be invoiced within five (5) days from the actual date of delivery. Cumulative delivery order closeout will result in total contract closeout. It is the Government's intent to closeout contracts within 60 days from the date of the final delivery.

Deliveries and Performance

I. ITEM AVAILABILITY

All items must be available in sufficient quantities to fill the customers' requirements. All deliveries must be made in accordance with the contractually established delivery order lead time.

II. DELIVERY INSTRUCTIONS

A. Deliveries shall be made FOB Destination to each ordering activity and shall be free of damage, with all packing and packaging intact.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

B. Deliveries shall be made when and as requested by the Ordering Officer(s) of the activity concerned, and shall be accompanied by the delivery ticket of the dealer in triplicate, showing the exact quantities delivered. Deliveries shall be made by the contractor any day except Holidays, between the hours and location specified by the ordering officer (see Delivery Points /Schedule).

C. Deliveries are required as indicated and between the hours listed on the delivery under Times/Frequency. Occasionally, delivery times may need to be readjusted by the ordering activity.

D. The customer will be responsible to notify the contractor of any changes in location or departure date.

E. The contractor warrants that they will provide a person and telephone number where orders and changes can be received between 9:00 am and 4:00 pm, Monday through Saturday.

III. ORDER PLACEMENT. The individual customers will place orders on an "as needed" basis. Delivery orders will be transmitted to the contractor through EDI.

Delivery will be in accordance with the following schedule:

Order Day(s) Delivery Day(s)

Monday Wednesday

Tuesday Thursday

Wednesday Friday

Thursday & Friday Monday

***Weekends when needed for Transient ships only***

IV. DELIVERY VEHICLE REQUIREMENTS

A. Supplies transported in vehicles that are not sanitary, or that have not maintained the proper temperatures, may be rejected at destination without further inspection.

B. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

V. SUBSTITUTIONS PROCEDURES

A. If an item is not available, vendor is NOT to substitute an item without having a separate purchase order for the additional item. Customer MUST zero-out unavailable item(s) in STORES. Customer will be directly responsible for payment of any items not appearing on a STORES purchase order.

B. The customer must authorize any substitution to their order prior to delivery. Substitutions must be of the same or higher quality and at the same or lower price. Payment of items will be based on the price in the vendor's electronic catalog.

Therefore, firms that submit an invoice reflecting a higher price for substituted items will not be paid the full amount and will only be reimbursed for the unit price shown in the catalog.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

C. If the price of the substituted item is lower than the price of the item originally ordered, then the vendor shall invoice at the lower price and not the catalog price.

VI. HOLIDAYS

A. ALL DELIVERIES EXCLUDE NATIONAL HOLIDAYS. A delivery ticket will accompany each delivery citing order number, unit price, itemized, extended and totaled. It is Mandatory that the Delivery Ticket include the contract number, call number, lead CLIN number, purchase order number, government unit of issue. Total quantity based on Government unit of issue.

B. The information may have to be handwritten on the delivery ticket. Please ensure the information is correct and legible.

Payment is done electronically and STORES orders must be electronically invoiced by the vendor. However, a copy of the customer signed invoice with the above information needs to be retained in the event of payment or delivery disputes.

C. All orders are to be delivered on the specified delivery date, except for Federal holidays as outlined below. When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next scheduled business day, unless otherwise agreed to by the customer.

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

NOTE: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday. In event of inclement weather, DLA Troop Support may be closed due to hazardous weather conditions, or other unusual circumstances. You can call the DLA Troop Support Hotline to confirm whether DLA Troop Support is open for business by calling DLA Troop Support Weather Line (215) 737- TSWL or ext. 8795.

VII. EMERGENCY ORDERS

A. In order to adequately support emergency orders, the vendor must have the ability to provide “same day service” to a customer that is experiencing an emergency situation. WHENEVER ANY CUSTOMER RUNS SHORT OF AN ITEM

BECAUSE OF UNEXPECTED DEMAND, THE CONTRACTOR SHALL, WITHIN THREE (3) HOURS AFTER

NOTICE THEREOF, DELIVER THE ITEM OR ITEMS TO SUCH CUSTOMER IN THE QUANTITIES SPECIFIED BY THE ORDERING OFFICER. IT IS ESTIMATED THAT ANY ONE CUSTOMER HAVE TWO (2) EMERGENCY DELIVERIES PER MONTH AND THESE EMERGENCY DELIVERIES WILL BE AT NO ADDITIONAL CHARGE.

B. The vendor is responsible for furnishing the name of the designated point of contact responsible for handling emergency orders, and his/her phone number and/or pager number, to the customers.

VIII. AUTHORIZED RETURNS

A. The contractor shall accept returns under the following conditions:

1. Products shipped in error;

2. Products damaged in shipment;

3. Products with concealed or latent damage;

4. Products that are recalled;

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

5. Products that do not meet shelf life requirements;

6. Products that do not meet the minimum quality requirements;

7. Products delivered in unsanitary vehicles;

8. Quantity excess as a result of order input error and/or Purchase Ratio Factor error.

B. Any other conditions not specified above that are deemed to be valid reasons for return by the customer.

IX. SHORT SHIPMENTS/SHIPPING ERRORS

A. All short shipments must be annotated by the receiving official on the delivery ticket/invoices accompanying the shipment.

B. Any product delivered in error must be picked up by the vendor on the same day or by the next delivery day after notification by the ordering activity.

X. DELIVERY

A. A delivery ticket will accompany each delivery citing order number, unit price, itemized, extended and totaled.

B. It is mandatory that the Delivery Ticket include the contract number, call number, lead CLIN number, purchase order number, government unit of issue. Total quantity shall be based on Government unit of issue.

C. Prices cited on delivery tickets for STORES orders will be the prices at the time of order and not the prices at time of delivery.

D. All deliveries exclude national legal holidays unless otherwise indicated by ordering activity.

E. Items will be off-loaded from the contractor(s) vehicle(s) and contractor personnel will place items delivered inside the dining halls, etc. Deliveries to ships shall be brought to the brow of the vessel, when applicable.

CONTRACT ADMINISTRATION DATA

I. CONTRACTING AUTHORITY

A. The DLA TROOP SUPPORT Contracting Officer is the only person authorized to approve changes to, or modify any requirement of, the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the DLA TROOP SUPPORT Contracting Officer.

B. In the event the vendor effects any change at the direction of any person other than the DLA TROOP SUPPORT Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to cover any costs associated with such change.

C. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, shall be submitted to the DLA Troop Support Contracting Officer.

II. INVOICING

A. Each delivery will be accompanied by the contractor's delivery ticket/invoice. Three (3) copies (an original plus two) shall accompany the shipment. The customer shall sign all copies of the invoices/delivery ticket, keep one (1) copy and return the ORIGINAL copy to the vendor. Any changes must be made on the face of the invoice.

B. All invoicing for payment is to be submitted electronically using the STORES/BSM Reconciliation (Recon) Tool website https://www.stores.dla.mil/stores_web/ (see pages 4 - 5).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

No paper invoices shall be submitted to DFAS for payment.

Each invoice shall contain sufficient data for billing purposes. This includes:

1. Contract Number;

2. Call Number or Delivery Order Number or Contract Order Number;

3. Purchase Order Number;

4. Contract Line Items listed in numeric sequence (also referred to as CLIN order);

5. DODAAC

6. Item Nomenclature;

7. LSN or NSN;

8. Quantity purchased per item in DLA TROOP SUPPORT's unit of issue;

9. Clearly identified and annotated changes on all copies;

10. Total dollar value of each invoice (reflecting changes to the shipment, if applicable).

C. All invoices must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to its submission.

D. Vendors shall submit one invoice per purchase order.

E. Unit prices and extended prices must be formatted to only two (2) places beyond the decimal point. STORES will not accommodate positions of three (3) and above places beyond the decimal point. For example, an extended unit price of $1.087 must be rounded up to $1.09.

F. Information on the STORES/BSM Reconciliation (Recon) Tool invoicing website: To create an account, go to the website https://www.stores.dla.mil/acct_mgr_tool/Login.asp.

and select New Account Request Form and follow the directions. After registration, you will receive a User Name and Password to access data from your contract. You will then be asked to review data on the website and either post new lines or change existing lines on the site to reflect what was delivered. EDI invoices will be generated, which will be sent to the paying office for payment.

G. Vendor Reconciliation Tool - The STORES/BSM Reconciliation tool is available from the DLA Troop Support Subsistence Website at https://www.stores.dla.mil/acct_mgr_tool/Login.asp. This tool is only for vendors that have a DLA TROOP SUPPORT contract and are invoicing using the 810 transaction set. Both invoice and receipt information will be available for review on the EBS website by the Market Ready Vendor. In order to view information on this website you must apply for a password. The reconciliation tool will match the customers' receipts to the vendors' electronically submitted EDI 810 invoice. The vendors will be able to see the lines that did not match for review and possible update. A training tool is available on our homepage under Reconciliation tool training.

H. All vendors are required to obtain a Public Key Interface (PKI) certificate for each individual that will have access to the DLA Troop Support Reconciliation Tool.

I. Contracts will be awarded under the EBS system. In EBS, invoices must be submitted via electronic means. For those vendors that are not capable of transmitting electronic invoices, DLA Troop Support has made a website available that provides the capability to submit invoices to EBS for payment (Go to “http://www.DLA Troop Support.dla.mil/ subs/”, and then click on Market Ready EDI Invoicing).

III. PAYMENTS

A. DFAS Columbus is the payment office for this acquisition.

Customers are to place orders electronically that will flow through the DLA TROOP SUPPORT ordering system STORES. In the temporary event that orders cannot be conducted electronically, customers are to process orders manually and a copy of the signed invoices must also be faxed to the Contract Specialist at 808-471-0125.

B. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (I) of Clause 52.212-4 “Contract Terms and Conditions - Commercial Items”, appearing in the section of this solicitation entitled

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED)

“Contract Clauses”.

C. All offerors must have the ability to accept an 820 transaction set from its financial institution. DFAS Columbus will no longer forward a detailed summary of payment(s). This information will only be available from your bank.

D. Payment is currently being made in approximately ten (10) days after the receipt of a proper invoice; however, payment is still subject to the terms and conditions of the Prompt Payment Act (31 U.S.C. 3903). All electronic invoices must be submitted with accurate, sufficient, clean data before any payment can be made.

E. The Government intends to utilize Electronic Funds Transfer (EFT) to make payments under the resultant contract(s).

However, the Government reserves the right to use a manual payment system, i.e. check, if the need arises. Refer to Clause 52.232-33 “Mandatory Information for Electronic Funds Transfer Payment”.

F. VENDOR PAYMENT INQUIRY SYSTEM - ACCESS AT: https://myinvoice.csd.disa.mil/index.html

IV. ADMINISTRATION

A. Administration of the contract will be performed by DLA TROOP SUPPORT in Hawaii.

B. Administration of the individual delivery order will be performed by a designated representative at the ordering activity.

This includes approving product substitutions and delivery changes.

C. The DLA TROOP SUPPORT Contracting Officer must approve any changes to the contract.

V. Additional Items: The customers will be able to request the addition of bread and bakery items to this contract after the date of award, however, only the Contracting Officer has the authority to modify the contract in such a manner. Items will be added to the catalog only after the price of the item(s) has been determined fair and reasonable by the Contracting Officer. Items will be added to the STORES catalog with a written modification to the contract; this will be a supplemental agreement between the two parties. In any case, these items MAY NOT increase the original dollar value of the contract by more than 200% of the estimated value.

VI. Additional Customers: Additional DoD and Non-DoD customers located in the same distribution area as the successful contractor may be added to the contract, based on a mutually agreed upon implementation plan. The Contracting Officer will determine if additional customers are within the scope of the contract before being added to the contract. Upon this determination, customers will be added with a supplemental agreement between the Government and the vendor.

However, the additional customer(s) cannot increase the dollar value of the contract above

VII. Delivery Orders issued against this Indefinite Delivery Contract shall be administered by the person who placed the order on behalf of the Government, i.e., the ordering officer responsible for the troop support activity.

Ordering officers are authorized to modify delivery orders and perform all administrative functions pertaining to such orders, excluding termination of the order for late deliveries and other product non conformances. In addition, ordering officers are not authorized to sign purchase orders or contracts and cannot take any action to charge the account of the

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 38 PAGES

SPE302-21-R-X001

Part 12 Clauses (CONTINUED) contractor unless they are also contracting officers. Only an authorized contracting officer acting on behalf of the agency or activity can take these particular re-procurement actions. Administration of the terms and conditions set forth in the IQC is the responsibility of the DLA Troop Support contracting officer. The ordering officer shall also notify the DLA Troop Support contracting officer of all terminations and repurchase actions which were processed under the IDC.

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR

ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(Insert desired/appropriate text here)

CLAUSES ADDED TO PART 12 BY ADDENDUM

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (NOV 2016) DFARS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

L01 ELECTRONIC AWARD TRANSMISSION (JUN 2020)

L02 ELECTRONIC ORDER TRANSMISSION (JUN 2020)

Offerors shall select one of the following alternatives for paperless order transmission:

[ ] American National Standards Institute (ANSI) X12 Standards through a value added network (VAN) approved by DLA Transaction Services; or [ ] Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for…