SF30_SPE30223QS0070001.PDF

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE302 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE30223QS007

X

2023 APR 14

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).X

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor X is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT INDO-PACIFIC

1025 QUINCY AVE, SUITE 1000

JBPHH HI 96860-3520

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2023 APR 14 / 2023 APR 28

TIME 3:00 PM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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SPE30223QS007 - 0001

The purpose of this amendment is as follows:

1) To update ordering period, Changing from: May 15, 2023 and extending through May 14, 2024

To: May 22 2023 to May 21 2024.

All other terms and conditions will remain the same.

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Part 12 Clauses

SOW

BLANKET PURCHASE AGREEMENT

STATEMENT OF WORK

1. The vendor 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 28 April 2023 no later than 15:00 pm Japanese time. Vendor is required to fill in block (17.a) and (30.a, b & c)).

The vendor is also required to complete the applicable representation/certifications at clauses 52.212-3.

2. 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 (NOV 2021)

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 award. To promote compliance with such 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 its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Schedule of Supplies

- Item Descriptions to Quote .…………………………….……………………… Attachment 1

****** Note to Contractor ******

The contractor of this BPA shall be responsible for the supply and delivery of semi-perishable and perishable grocery

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SPE30223QS007 - 0001

Part 12 Clauses (CONTINUED) items. Attached to this solicitation is an excel spreadsheet that is required to be filled out completely. All quotes will be submitted in YEN.

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

The Contracting Officer will award the BPA to the offeror who the Contracting Officer determines to have the lowest quoted price. The Contracting Officers will evaluate the quotes for this award based on an all or none approach for each zone. The contracting officer will award the BPA to the offeror who the contracting officer determines to have the lowest price.

Customers shall place their orders in accordance to the vendors' operational business days and hours. Customers shall have (7 days) business day cancellation policy for orders placed with (10 days) business days or more prior to the required delivery date (RDD). If an order is going to be delivered late or item is not in stock contractor must notify the customer within one business day (1 day).

The vendor shall notify the Food Safety Officer (7 days) business before the delivery day for the Food Safety Officer to inspect the order(s).

To obtain a Cage Code you must first have or acquire a Unique Entity ID (UE ID). Once you have attained a UE ID, 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 System for Award Management (SAM) & UE ID (https://www. sam.gov/portal/public/

SAM/).

Whenever a vendor's truck breaks down en route to a delivery location, the vendor must notify the Contracting Officer immediately. The Vendor shall NOT break the seal on the truck without Contracting Officer approval. Also, whenever changing items from refrigerated trucks/vans to new refrigerated trucks/vans; because the refrigerated stop working the vendor must notify the Contracting Officer immediately.

This BPA will have one catalog covering assigned in Japan. Prices for assigned area catalogs shall remain the same for the entire performance period of the BPA.

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 you're on the website click on approved sources link located on the left side of the web page. Then click on the country you're buying your product from to find out if that company is an approved source.

1. Description of Agreement. The Defense Logistics Agency (DLA) Troop Support Pacific has a requirement for the supply and delivery of semi-perishable and perishable grocery items to the designated following Delivery Location:

Kanto Area (Yokosuka, Yokota, Atsugi, Sagamihara and Zama). The initial ordering period shall consist of 12 months, commencing on May 22, 2023 and extending through May 21, 2024. The Government reserves the right to extend this Blanket Purchase Agreement (BPA) for up to five (5) years.

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

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Part 12 Clauses (CONTINUED)

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 a 12-month ordering period.

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 each additional items price to be fair and reasonable.

e. 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.

Acquisitions of the following perishable items, fresh fruits and vegetables, fresh milk, fresh bread and eggs by or for activities located outside the United States for personnel of those activities are not subject to the $150,000 per STORES order threshold. Acquisition of listed perishable items must be approved by the Contracting Officer in writing prior to the STORES order being fulfilled.

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 2 April 2023 would have a required delivery date (RDD) of 6 April 2023.) 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 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 hour.

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.

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

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Part 12 Clauses (CONTINUED)

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 pager/cell number.

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 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. Please be advised that all orders placed in STORES are sent to the Vendor via fax. 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.

c. Customers must send an email to the vendor when cancelling orders in STORES or when submitting orders outside of the vendor's official business hours, which are Monday thru Friday from 0900 to 1700 and on Saturdays from 0900 to 1200.

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 Attachment 1.

a. Items appearing on Attachment 1 will be added to the STORES Catalog upon award. Items not listed on Attachment 1 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 Pacific Westpac Contracting Officer shall be submitted to request the item be added.

The Contracting Officer will contact the vendor and arrange to have the item added to the STORES Catalog prior to any orders being placed.

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Part 12 Clauses (CONTINUED)

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 is 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 Supplier/Vendor 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, all shipments under this agreement shall be accompanied by a Delivery Ticket, which shall contain the following minimum information:

(1) Name of Supplier/Vendor.

(2) BPA Number (i.e. SPE302-23-A-XXXX).

(3) Date of Purchase.

(4) Purchase or Call Number (PIID on STORES).

(5) Itemized List of Supplies Furnished.

(6) 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).

(7) 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 Vendor 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 Pacific Westpac 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 Pacific Westpac contract.

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.

REQUIREMENTS

12. Delivery Instructions/Delivery Vehicle Requirements.

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Part 12 Clauses (CONTINUED)

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

b. Deliveries shall be FOB 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 Vendor's vehicle breaks down in route to a delivery location, the Vendor must notify the Contracting Officer immediately. The Vendor 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 Vendor 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.

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.

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.

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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.

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

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.

16.1 Japanese Public Holidays

Japanese New Year Coming of Age Day National Foundation Day 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: Holidays are celebrated as shown above for Japanese but may or may not be observed by customers.

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:

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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 Pacific Westpac; and

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 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 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 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 at.

As the holder of a contract with the DoD, all contractors shall be aware of the vital role they play in supporting our

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Part 12 Clauses (CONTINUED) 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 Troop Support 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 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 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.

(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.

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

b. 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.

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

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23. Subsistence Approved Sources/Food Establishments.

a. All establishments and distributors furnishing subsistence items under DLA Troop Support 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:

http://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 Attachment 1, 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.

apd.army.mil/pdffiles/r40_657.pdf). For the most current listing of exempt plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx).

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 Pacific 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 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

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

Part 12 Clauses (CONTINUED) interpretation, shall be submitted to the designated Contracting Officer.

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

26. Delivery Location: Kanto Area (Yokosuka, Yokota, Atsugi, Sagamihara and Zama).

Attachments

PID Data - Custom Clause

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