SF1449_SPE30225QS005_BAKERY_OKINAWA.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000203882

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE302-25-Q-S005

5. SOLICITATION NUMBER

2025 MAY 09

6. SOLICITATION ISSUE

DATE

Eric Guidish DEG0063

a. NAME

Phone: 818085936453

b. TELEPHONE NUMBER (No Collect calls)

2025 MAY 22

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:

1000SIZE 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)

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CONTINUED ON NEXT PAGE

PAGE 3 OF 38 PAGES

SPE302-25-Q-S005

BLOCK 8 (Continued):

QUOTATION DUE DATE/LOCAL TIME: 22 MAY 2025, no later than 15:00 PM Japan Standard Time (JST)

BLOCK 9 (Continued):

Email is the only acceptable form of transmission for submission of quotations to the designated individuals:

Eric Jiro Guidish, Contracting Officer; eric.guidish@dla.mil

NOTES:

(1) The quote must be signed and completed in its entirety in accordance with the Request for Quote (RFQ) requirements.

(2) Vendors are responsible for submitting quotes, and any revisions, and amendments, so as to reach the Government office by the QUOTATION DUE DATE/TIME.

(3) If the ability to upload quotations is unavailable for any reason, this does not constitute an acceptable reason for a late quotation.

(4) Facsimile quotations are NOT authorized for this RFQ.

(5) Vendors submitting quotations using email are advised that DLA Troop Support Indo-Pacific systems have certain email size and transmission limitations. Quotations must be prepared accordingly. Individual email attachments should not exceed 5MB in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be necessary). When submitting multiple emails as a quotation submission, label each email with a number (e.g., 1 of 3), accordingly. After transmitting an email submission, vendors should confirm receipt of all emails with the intended recipient(s). It is vendor’s responsibility to ensure its entire quotation is received by the date and time specified is sufficient time to ensure and confirm receipt by the Government.

BLOCK 17A (Continued):

VENDORS: SPECIFY CAGE CODE: __________________________

EMAIL ADDRESS________________________

COMPANY POC: ________________________

PHONE #: _____________________________

BLOCK 17B (Continued):

Remittance will be made to the address that the vendor has listed in the System for Award Management Database. (www.

sam.gov). Vendor’s assigned SAM Unique Entity Identifier (UEI): _______________________

(If you do not have a SAM UEI, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors - Commercial Items for information on contacting www.sam.gov to obtain one.)

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Part 12 Clauses

BLANKET PURCHASE AGREEMENT

TERMS AND CONDITIONS

1. The BPA holder is required to indicate acceptance of this Blanket Purchase Agreement (BPA) and return one signed copy of the SF1449 to the Contracting Officer, by email on 22 MAY 2025, no later than 15:00 PM Japan Standard Time (JST). BPA holders are required to fill in block (17.a) and (30.a, b & c).

2. The BPA holder is required to complete the applicable representation/certifications at clauses 52.212-3.

3. It is imperative that the requested information in this paragraph be provided when completing this BPA document.

In particular, the Government requires the FAX NUMBER FOR ORDER RECEIPT to ensure prompt delivery to military customers.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of the award.

To promote compliance with such a code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of their written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.

Schedule of Supplies

- Schedule of Items .…………………………….………….....................................……………………… Attachment1

- Customer List Locations ………………… …..…………………………………..................................... Attachment2

****NOTE TO CONTRACTOR ****

The contractor of this upcoming BPA shall be responsible for the supply and delivery of fresh baked bread and bakery items. Attached to this solicitation is an excel spreadsheet (Attachment1) that is required to be filled out

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED) completely. All quotes must be submitted in USD $.

The Contracting Officer may request pricing for a new item after the BPA is awarded. If determined to be fair and reasonable, the Contracting Officer may add it to the catalog.

A vendor's price quotation shall consist of prices submitted for each of the items found in the Item List (Attachment1). The items found in the Item List represent 100% of the estimated dollar value of this procurement.

Vendors are required to submit their Unit Price for each item. The unit prices of all items found in the Item List (Attachment1) will be comparatively assessed to identify any unusually high or low-priced items. This assessment includes, but is not limited to, comparison amongst quoted prices as well as comparison against market report prices and internal Government databases that are applicable.

If a vendor carries a variety of brands for the same item, the price submitted shall be for the lowest priced, technically acceptable, item that meets the Government's minimum requirements.

All items procured under the resultant agreement are subject to all contractual clauses and regulations, including, but not limited to, DFARS 252.225-7012, Preference for Certain Domestic Commodities, and the requirement that items be procured from a sanitarily approved source. All invoices and quotes must contain sufficient information to clearly reflect compliance with the RFQ terms and conditions.

Quotation Submission: Each proposed vendor must submit:

1. A signed copy of the RFQ (and amendments, if applicable),

2. All RFQ attachments (including Attachment1 (Item List) with proposed prices),

3. Signed warehouse facility arrangement information.

Vendors are responsible for submitting quotations, and any revisions, and amendments, so as to reach the Government office by 22 MAY 2025 at 15:00 PM Japan Standard Time (JST).

Facsimile quotations are NOT authorized for this RFQ. No hard copy is required when submitting a quotation through email.

Include RFQ Number SPE302-25-Q-S005 BAKERY OKINAWA BPA

After transmitting an email submission, vendors should confirm receipt of all emails with the intended recipients. It is the vendor's responsibility to ensure its entire quotation is received by the date and time specified in sufficient time to ensure and confirm receipt by the Government.

This BPA will have one Catalog covering assigned Okinawa, Japan Area (refer to Attahment2). Prices for assigned area Catalog shall remain the same for the entire performance period of the BPA.

To obtain a Cage Code you must first have or acquire a Unique Entity Identity Identifier (UEI). Once you have

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED) attained a UEI, you will be eligible for a Cage Code via System for Award Management (SAM). The awardee must click on the following link to register for SAM in order to obtain an UEI and Cage Code: https://www.sam.gov/portal/ public/SAM/.

VENDORS CAN ONLY SUPPLY PRODUCTS FROM VET APPROVED SOURCES OF

SUPPLY. The Vet website link is (https://phc.amedd.army.mil/topics/foodwater/ca/Pages/ DoDApprovedFoodSources.aspx): once on the website click on approved sources link located on the left side of the web page. Then click on the country you are buying your product from to find out if that company is an approved source.

ADDENDUM to FAR 52.212-2, Evaluation of Commercial Items

(a) The Government will establish an agreement resulting from this RFQ to the responsible vendor whose quotation conforming to the RFQ will be most advantageous to the Government, price and other factors considered. Lowest Price Technically Acceptable (LPTA) source selection procedures will be used as the source selection method in this procurement. The following factors shall be used to evaluate quotations:

1. Technical Acceptability - A technically acceptable quotation is a quotation that takes no exceptions to the terms and conditions in the RFQ and complies fully with all submission requirements. A quotation that takes exception to RFQ terms and conditions or that fails to comply with all submission requirements may be deemed technically unacceptable and, thus, may be found ineligible, and removed from further consideration, for the awards. By submitting a quotation with no exceptions, a vendor is confirming it possesses the necessary facilities, equipment, technical skills and capacity to successfully provide all items required under this RFQ.

Proposed warehouse facility must receive the Food Protection Audit (FPA) and approve by U.S. Army Veterinary (VET) Services personnel prior to establishing agreement. Only one (1) warehouse facility per lowest priced vendor will be audited. If the first lowest priced vendor's proposed warehouse facility fails the FPA, the Government will conduct the FPA for the next lowest priced vendor's warehouse facility.

https://sph.health.mil/approved.nsf/fst_wContent_PHC?OpenFrameSet

The DLA Troop Support Indo-Pacific is not allowed to establish a new BPA without an approved warehouse facilities.

2. Pricing - Pricing is required for ALL items found in the Item List (Attachment1). Failure to offer pricing for all items may result in a quotation being removed from consideration for award as technically unacceptable. The Government will perform an aggregate price analysis for all items found in the Item List (Attachment1).

The award will be made on the basis of the lowest Evaluated Aggregate Price of the quotation meeting or exceeding the acceptability standards for non-price factors. The Government reserves the right to remove item(s) from the Item List (Attachment1) or do a common item comparison if vendors do not submit pricing for all items. Prior to award, https://www.sam.gov/portal/public/SAM/ https://www.sam.gov/portal/public/SAM/

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED) the offered prices of the presumptive awardee will be evaluated on an individual line-item basis to determine whether each price is fair and reasonable using analytical techniques deemed appropriate by the Contracting Officer in her/his complete discretion.

Past Performance will not be used as an evaluation factor for this RFQ because other technical evaluation factors are sufficient to ensure performance for the commercial items being procured. Past performance may be considered in a determination of responsibility for the successful vendor prior to award.

(b) Options are not included under this requirement.

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

SCHEDULE OF SUPPLIES

1. Description of Agreement:

a. The Defense Logistics Agency (DLA) Troop Support Indo-Pacific intends to enter into a Firm-Fixed Priced 12-month Blanket Purchase Agreement with the contractor who can supply and deliver fresh baked bread and bakery items to the designated Delivery Locations listed on Attachment2 - Customer List/Locations.

b. The initial ordering period shall consist of 12 months, commencing on July 03 JUL 2025 and extending through 02 JUL 2026. The Government reserves the right to extend this BPA for up to five (5) years with the contractor's consent. Prices may be negotiated each year.

2. Extent of Obligation: The Government is only obligated to the extent of authorized purchases actually made under this agreement. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the vendor and may result in non-payment, as well as cancellation of this agreement.

a. The Contracting Officer must give the contractor under this solicitation 15 days written Notice before canceling this

BPA.

3. Pricing: The supplier/vendor warrants that prices set forth for each item are as low as, or lower than, those charged to his/her most-favored customers for comparable quantities under similar terms and conditions, considering any discounts for prompt payments.

a. Prices shall be Firm-Fixed Price for the ordering period.

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SPE302-25-Q-S005

b. All Prices shall be Free-on-Board (FOB) Destination only.

c. The Government reserves the right to add or remove any item(s) from the Schedule of Items provided.

d. The Government reserves the right to request pricing for the addition of new item(s) to the BPA Catalog after it is awarded, if the Contracting Officer can determine pricing fair and reasonable on each additional item.

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

4. Purchase Limitation: Individual purchases for subsistence items shall not exceed $150,000 per STORES order, unless by exception as listed in DFARS 225.7002-2 and with the written approval of the Contracting Officer.

5. Orders Placement: Customers shall place orders in accordance with the vendors' operational business days and hours.

a. Customers shall place their orders to accommodate three (3) business days from the time the order is placed. (For example, an order placed on 31 MAY 2025 would have a required delivery date (RDD) of 5 JUN 2025.) Orders may be placed with a longer lead-time; however, the minimum lead-time is three (3) business days. Minimum order requirement per each STORES order issued under the resultant contract are not subject to dollar limitations.

b. If the customer needs to add or delete an item or items to the existing order before the actual RDD, the customer or DLA Troop Support Indo-Pacific Representative must generate a new order in STORES following the procedures mentioned above.

c. If there is a revision to the initial RDD, notify the vendor at least one (1) business day prior to delivery. The customer must send an email to the vendor: 1) for order(s) placed in STORES and cancelation of an order(s) in STORES, and 2) for order(s) place after the vendor's official business hours.

d. If orders are placed in excess of $10,000, the vendor must request approval to fulfill the order from the Contracting Officer prior to fulfilling the order.

e. All invoice pricing will be based upon the unit price at time of order. NOTE: Pricing will include transportation cost of delivering to any location within assigned region of operation within Japan.

f. All orders must be placed through STORES or other authorized Government purchasing system.

6. Emergency Orders: All emergency order(s) will be submitted to the Contracting Officer first for approval. The vendor shall not perform on any emergency order without the Contracting Officer's approval. Unless specified by the customer, all emergency order(s) for supplies must be same day service. Expeditious fulfillment of the emergency requirements is imperative. The contractor is responsible for providing the ordering facilities with the name of the contractor representative responsible for notification of receipt and handling of such emergency service and his/her phone number and/or cell number. Emergency orders may be approved for expedited delivery on a case-by-case basis

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED) by the Contracting Officer. Customers should place their emergency orders(s) in STORES and send an email to the DLA Troop Support Indo-Pacific Representative and the Contracting Officer to explain the circumstances that necessitate an emergency delivery. If approved, the BPA holder will make every effort to deliver the emergency order as soon as possible.

7. Individuals Authorized to Place Orders: The individuals authorized to place orders against this BPA and the dollar limitation per order is as follows:

a. The designated Food Service Ordering Officer (FSO). The FSO or ordering customer shall not place any single order exceeding $150,000, unless by exception as listed in DFARS 225.7002-2 and with the written approval of the Contracting Officer.

b. A designated ordering location, established and setup by the customer.

c. DLA Troop Support Indo-Pacific Contracting Officer.

d. The supplier/vendor may only accept orders from individuals identified as being authorized to place orders under this BPA.

8. Ordering System: STORES is the Government's Subsistence Ordering System.

a. Customers will be able to order all items on the Catalog through STORES.

b. Initially, a copy of the STORES Orders will be transmitted via FAX or Email. Please be advised that all orders placed in STORES are sent to the vendor via FAX or Email. Due to the processes that must take place in system it can take up to several hours before the fax order is released to the vendor's FAX machine or Email.

c. The customer must send an email to the vendor 1) for order(s) placed in STORES and cancelation of an order(s) in STORES, and 2) for order(s) place after the vendor's official business hour of operation.

d. The email sent to the vendor shall have a PDF copy of the STORES order(s) attached and the vendor shall only perform on email that has a copy of the STORES order attached in the email.

9. Schedule of Items: See Attachment1.

a. Items appearing on Attachment1 will be added to the STORES Catalog upon award. Items not listed on Attachment1 and subsequent 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 the time the order is placed.

b. If a customer desires to order an item NOT listed on the resultant contract Catalog, a written request to the designated DLA Troop Support Indo-Pacific Contracting Officer will be submitted to request the item be added. The Contracting Officer will contact the BPA Holder and arrange to have the item added to the STORES Catalog prior to

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SPE302-25-Q-S005

any orders being placed.

c. Prior to its inclusion on the STORES catalog, the pricing for each proposed additional item must be negotiated and the Contracting Officer must determine that the price fair and reasonable.

10. Deliveries: All deliveries shall be made as indicated by the BPA order.

a. Only those products specifically listed in this BPA are authorized for delivery. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the BPA holder and may result in non-payment as well as cancellation of this agreement.

b. Partial shipments or deliveries WILL NOT be accepted.

11. Invoice/ Delivery Ticket: In accordance with FAR 13.303-3 (5), all shipments under this agreement shall be accompanied by a Delivery Ticket, which shall contain the following minimum information:

i. Name of BPA holder.

ii. BPA Number (i.e. SPE302-25-A-XXXX).

iii. Date of Purchase.

iv. Purchase or Call Number.

v. Itemized List of Supplies Furnished.

vi. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

vii. Date of Delivery or Shipment.

a. The customer shall sign a copy of the Delivery Ticket to signify acceptance of the product/delivery.

b. Failure by the BPA holder to provide a Delivery Ticket at time of delivery may result in nonpayment.

c. Vendors shall submit one invoice per order.

d. Vendor Reconciliation Tool - The STORES/BSM Reconciliation tool is available from the DLA Troop Support Subsistence Website at https://www.stores.dla.mil/stores_web/. This tool is only for BPA holder with an active DLA Troop Support Indo-Pacific agreement.

e. 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. 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.

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REQUIREMENTS

12. Delivery Instructions/Delivery Vehicle Requirements:

a. The contractor shall ensure all products are delivered in sanitary vehicles that are of a commercially acceptable standard.

b. Deliveries shall be F.O.B. destination.

c. Delivery locations will be specified on each STORES order. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The contractor shall remove all excess pallets used for delivery from the delivery point. Items that require refrigeration shall be delivered in refrigerated vehicles.

d. Whenever a vehicle breaks down in route to a delivery location, the BPA holder must notify the Contracting Officer immediately. The BPA holder shall NOT break the seal on the package without Contracting Officer's approval. Also, whenever changing items from one refrigerated vehicle to another refrigerated vehicle because the refrigeration stopped working, the BPA holder must notify the Contracting Officer immediately.

e. The Government representative must sign the top right side of the invoice(s) as proof that he/she was present at time the seal was broken.

13. Packaging, Packing, Marking and Labeling:

a. All packaging and packing shall be in accordance with good commercial practice.

b. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. 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.

d. The chill and frozen items must be packaged in a way that maintains the chill/frozen temperatures to the Delivery Locations.

14. Inspection and Acceptance:

a. Inspection and acceptance of products will be performed at destination.

b. The inspection is normally limited to identity, count, and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service Advisor/Officer, Warehouse Manager/Foreman, or the Contracting Officer.

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED)

c. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection.

d. The authorized receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The invoice shall not be signed prior to the inspection of each product. All overages, shortages and/or returns are to be noted on the invoice by the receiving official and validated by the truck driver. The authorized receiving official's signature on the invoice denotes acceptance of the product.

e. The contractor shall prepare three (3) copies of the invoice with the shipment. The receiving official will use the invoice as the receipt document. Two (2) copies of the signed and annotated invoice will serve as the acceptance document. No electronic invoice may be submitted for payment until acceptance is verified.

15. Rejection of Product:

a. In the event an item is returned, the invoice shall be annotated as to the item(s) rejected. These items shall then be deducted from the invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment.

b. Replacements will be authorized based on the customer's needs. On an as-needed basis, same day re-delivery of items that were previously rejected shall be made, so that the customer's food service requirements do not go unfulfilled for that day.

c. The re-delivered items will be delivered under a new invoice utilizing the new call number, new Contract Line Item Number (CLIN), and new purchase order number for the discrepant line(s). These re-deliveries shall be at no additional cost the customer.

16. Holidays: 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.

US Federal Holidays:

New Year's Day Birthday of Martin Luther King, Jr.

Washington's Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Japanese Holidays:

Japanese New Year Coming of Age Day National Foundation Day

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SPE302-25-Q-S005

Part 12 Clauses (CONTINUED)

The Emperor's Birthday Vernal Equinox Day Showa Day Constitution Memorial Day Greenery Day Children's Day Marine Day Mountain Day Respect for the Aged Day Autumnal Equinox Day Sports Day Culture Day Labor Thanksgiving Day

NOTE: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday. Holidays celebrated by your firm, other than those specified above, must be listed below. Also, specify your policy for celebrating holidays that fall on the weekend.

17. Additional Customers: The Government reserves the right to add customer location at any time throughout the duration of this BPA. Any additional customer location or ordering point will be added by modification to the contract.

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

a. Standardized product quality.

b. The usage of First-In, First-Out (FIFO) principles.

c. Product shelf life is monitored.

d. Items are free of damage.

e. Correct items and quantities are selected and delivered.

f. Customer satisfaction is monitored.

g. Product discrepancies and complaints are resolved and corrective action is initiated.

h. Supplier/Vendor, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support Indo-Pacific.

i. Salvaged items or products shall not be used.

19. Warehousing and Sanitation Program/Stored Product Pest Management: The vendor 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

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Contracting Officer's request.

20. Food Defense/Force Protection: At any time, the United States Government, its personnel, resources, and interest may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support Indo-Pacific to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming vehicle operators should provide adequate identification upon request. Visitors should all be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate. Never leave open vehicles unattended, and use seals when possible to designate loaded trailers. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery. Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. The contractor must immediately inform DLA Troop Support Indo-Pacific of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. If the Food Safety Officer inspecting the delivery orders finds a product that's not from an approved source, the Food Safety Officer will notify the Contracting Officer and the Contracting Officer will remove the product from the Catalog. Until the Food Safety Officer notifies the Contracting Officer that the product is now coming in from an approved source, the Contracting Officer will then add the item back on to the Catalog at the same price the Contracting Officer took the product off the Catalog.

As the holder of a contract with the DoD, all contractors shall be aware of the vital role they play in supporting our customers. It is incumbent upon contractors to take all necessary actions to secure product delivered to all military customers, as well as any applicable commercial destinations.

21. Contractor Quality Audits: The Government may conduct formalized audits to verify the vendor's adherence to the contract requirements and the quality of product being supplied under any resultant contract.

22. Vendor Quality Assurance Visits (QAV): Quality Assurance visits will be performed by DLA Troop Support Indo-Pacific in order to verify the adequacy of the contractors' Quality, Warehousing and Sanitation, Pest management and Food Defense Programs. These visits will be coordinated by the Contracting Officer with the vendor at least two weeks in advance of the visit. These visits will be under the cognizance of the DLA Troop Support Indo- Pacific Region Subsistence Office in order to review the BPA vendor's compliance with the terms of the contract and to evaluate the quality, food safety, and food defense of subsistence items distributed to customers. The presence of a company representative knowledgeable in all aspects of operations will be required during the QAV.

During the QAV, the Government may review/verify one, several or all of the following areas (this list is not inclusive) as deemed necessary: The methods and procedures used to comply with the terms of the contract; food safety program; food defense program; HACCP program (if applicable); pest management program; condition of storage facilities; product shelf-life management; inventory in-stock (age of product and condition, labeling, product rotation, and etc.); product substitutions; control of material identified for destruction/disposal or for return to the suppliers/vendors. The QAV may also include visits to customers served by the BPA vendor.

22.1. Quality Assurance Visit Findings:

a. A finding can be assessed into three (3) categories: Observation, Major Finding, and Critical Finding. The following is a brief description of each of the finding categories:

(i) An "Observation" is a condition, practice, step or procedure that is not in accordance with food safety and defense requirements, and does not meet the criteria of a Critical or Major finding.

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(ii) A "Major Finding" is a condition, practice, step or procedure, which in itself does not present a food defense, or imminent health hazard yet has the potential to affect food safety or the product's intended use due to loss or lack of verifiable control.

(iii) A "Critical Finding" is an imminent health hazard caused by a condition which presents a biological, chemical or physical food safety or food defense hazard that if not prevented, eliminated or reduced by a subsequent process, practice, step or procedure; or that may cause food to be unsafe for consumption or otherwise adulterated.

b. Program evaluations will be rated as satisfactory or unsatisfactory. A satisfactory finding requires less than four major findings or no critical findings.

c. In the event the BPA vendor fails to correct unsatisfactory conditions within the time specified by the Contracting Officer, the Contracting Officer will suspend the services provided by the BPA vendor until identified public health concerns are remedied to the satisfaction of the applicable inspection agency.

d. Such actions listed above will not eliminate the Government's right to terminate the contract in accordance with the "Default" clause of the contract.

23. Subsistence Approved Sources/Food Establishments:

a. All establishments and distributors furnishing subsistence items under DLA Troop Support Indo-Pacific contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required.

Accordingly, the Supplier/Vendor agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Public Health Command (USAPHC) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at:

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

b. Compliance with the current edition of DoD Military Standard 3006C, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers/Vendors also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal Agency listing, as indicated in paragraph (2) below.

Suppliers/Vendors also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

c. Establishments furnishing the products listed in Attachment1, and appearing in the publications indicated, need not be listed in the Worldwide Directory. Additional guidance on specific listing requirements for products/plants included in or exempt from the listing is provided in Appendix A of the Worldwide Directory.

d. Establishments exempt from Worldwide Directory listing. Refer to AR 40- 657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312; 1-888-584-8332; or download from: http://www.

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

24. Contract Administration Data /Contracting Authority:

a. The DLA Troop Support Indo-Pacific Contracting Officer is the only person authorized to approve changes to, or modify any requirement of, the BPA. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the designated Contracting Officer.

b. In the event the vendor effects any change at the direction of any person other than the designated 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 designated Contracting Officer.

25. Administration: Administration of the contract will be performed by DLA Troop Support Indo-Pacific.

26. Delivery Locations: See Attachment2 - Customer List Locations.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) FAR

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0004) FAR

Insert the following clause in solicitations and contracts that are set-aside for, or that are for the sole-source award of a contract, under the Service-Disabled Veteran-Owned Small Business Program and that are for the acquisition of commercial products or commercial services.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203 -19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113 -235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204 -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115 -91).

(3) 52.204 -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)

(A) of Pub. L. 115 -232).

(4) 52.209 -10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232 -40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233 -4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108 -77 and 108 -78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] [] (1) 52.203 -6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655) [] (2) 52.203 -13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203 -15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111 -5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203 -17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community --see FAR 3.900(a).

[] (5) 52.204 -10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 -282) (31 U.S.C. 6101 note).

[] (6) [Reserved] https://www.govinfo.gov/link/uscode/41/4712

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[] (7) 52.204 -14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 -117, section 743 of Div. C).

[] (8) 52.204 -15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 -117, section 743 of Div. C).

[] (9) 52.204 -27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 -328).

[] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders --Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Dec 2023) ( Pub. L. 115 -390, title II).

[] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders --Prohibition. (Dec 2023) ( Pub. L. 115 -390, title II).[] (ii) Alternate I (Dec 2023) of 52.204 -30.

[] (12) 52.209 -6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209 -9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219 -3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219 -4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219 -6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219 -6.

[] (19)(i) 52.219 -7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[](ii) Alternate I (MAR 2020) of 52.219 -7.

[] (20) 52.219 -8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[]_ (21)(i) 52.219 -9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219 -9.

[] (iii) Alternate II (NOV 2016) of 52.219 -9.

[] (iv) Alternate III (JUN 2020) of 52.219 -9.

[] (v) Alternate IV (JAN 2025) of 52.219 -9.

[] (22)(i) 52.219 -13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219 -13.

[] (23) 52.219 -14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219 -16, Liquidated Damages --Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219 -27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the Service-Disabled Veteran-Owned Small Business Program (FEB 2024) (15 U.S.C. 657f).

[] (26)(i) 52.219 -28, Postaward Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219 -28.

[] (27) 52.219 -29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219 -30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219 -32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219 -33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222 -3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222 -19, Child Labor --Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [] (ii) Alternate I (Feb 1999) of 52.222 -26.

[] (35)(i) 52.222 -35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (July 2014) of 52.222 -35.

[] (36)(i) 52.222 -36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (July 2014) of 52.222 -36.

[] (37) 52.222 -37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (38) 52.222 -40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222 -50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[]…