SF33_SPE3S126R0009.PDF

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UGR-E Heater Trays
Solicitation number
SPE3S126R0009
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This is a Standard Form 33 (SF 33) Solicitation, Offer and Award document for an Indefinite-Quantity Contract (IQC) issued by Defense Logistics Agency (DLA) Troop Support Subsistence. Solicitation number SPE3S1-26-R-0009 seeks three heater tray components for Unitized Group Ration Express (UGR-E): Heater Tray Assembled (NSN 8970-01-596-4514, 210,000 estimated units annually), Heater Module Boil-In-Bag (BIB) Egg Module (NSN 8970-01-596-4504, 30,000 units), and Pull Tabs (NSN 8970-01-547-8516, 120,000 units). The IQC contains five consecutive 365-day tier periods with guaranteed minimum orders of 210,000, 30,000, and 120,000 units respectively (maximum quantities of 1,575,000, 225,000, and 900,000 units). Proposals were due September 7, 2026, at 3:00 PM. Delivery is FOB Destination to Tracy, California (DDJC) with a required delivery timeline of 120 days after delivery order issuance.

Pricing is based on the tier period when an order is placed rather than when delivered, with Economic Price Adjustment (EPA) provisions applicable to commodity components (egg, pork belly, skim milk, butterfat). Offerors must submit Product Demonstration Models (PDMs) prior to solicitation close and comply with extensive quality assurance requirements including documented Quality Systems Plans modeled on ISO 9001 or equivalent standards, Manufacturing Process Controls, Statistical Process Control, Food Defense Plans, Integrated Pest Management programs, and Current Good Manufacturing Practices per 21 CFR Part 110. All products must originate from sanitarily approved establishments listed in the MEDCOM Worldwide Directory or equivalent USDA/USDC-approved sources. Proposals must be submitted via email to James Kahn (james.kahn@dla.mil) and Thomas Haley (thomas.haley@dla.mil), with individual email attachments not exceeding 5MB and total emails not exceeding 10MB per submission. Offerors must be registered in SAM.gov with a valid CAGE code and comply with contractor code of business ethics requirements, cyber incident reporting clauses (DFARS 252.204-7008, 7009, 7012), and FAR 52.203-13 provisions.

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10. FOR

INFORMATION

CALL:

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT No.

SPE3S1-26-R-0009

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)X

2026 AUG 04

5. DATE ISSUED

1000221660

6. REQUISITION/PURCHASE No.

7. ISSUED BY 8. ADDRESS OFFER TO

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

SOLICITATION

until (Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

AMENDMENT NO. DATEAMENDMENT NO. DATE

G

H

SEC.

B

A

C

E

D

F

(X)

FACILITY

CODE

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different

15A. NAME AND

ADDRESS

OF OFFER-

OR

10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () )

DLA TROOP SUPPORT

SUBSISTENCE SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

See Continuation Sheet

Not Applicable 3:00PM 2026-Sep-07

JAMES KAHN DJK0138

A. NAME

Phone: 4457373232

FAX:

B. PHONE/FAX (NO COLLECT CALLS)

JAMES.KAHN@DLA.MIL

C. EMAIL ADDRESS

X 1

X 4

X 10

X 15

X 18

X 68

X 69

X 72

X 73

X 91

X 100

X 110

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

EXT.NUMBERAREA CODE

(4 copies unless otherwise specified)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 113 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-26-R-0009

SECTION A - SOLICITATION/CONTRACT FORM

SOLICITATION AND OFFER - FORM SF33

(CONTINUATION SHEET)

A-1

Note: All offerors must submit documentation via email to the Contract Specialist, James Kahn at James.Kahn@dla.

mil and the Contracting Officer, Thomas Haley at Thomas.Haley@dla.mil.

IT IS SOLELY THE OFFEROR'S RESPONSIBILITY TO ENSURE ITS PROPOSAL IS RECEIVED BY

THE DATE AND TIME SPECIFIED GIVEN THE LIMITATIONS OF DLA TROOP SUPPORT'S

RECEIVING OFFICE LISTED IN SECTION L AND BELOW:

ATTN: JAMES KAHN AND THOMAS HALEY

DEFENSE LOGISTICS AGENCY

DLA TROOP SUPPORT-SUBSISTENCE DIRECTORATE

BLDG. 6B, SUBSISTENCE MAIL ROOM, DESK 6B090

PHILADELPHIA, PA 19111-509

Facsimile offers are not acceptable forms of transmission of initial proposals or revisions to initial proposals.

E-mail offers are acceptable, and the suggested form of transmission, for submission of initial proposals except for the initial Product Demonstration Models. E-mail offers should be sent to the Contract Specialist, James Kahn (James.

Kahn@dla.mil) and the Contracting Officer, Thomas Haley (Thomas.Haley@dla.mil). Although e-mail offers are acceptable, all Product Demonstration Models must be delivered to the location identified above and in Section L by the date and time set for receipt of proposals.

Note:

Offerors are advised that DLA Troop Support systems have certain email size and transmission limitations. Proposal submissions 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 submission, label each email with a number (e.g., 1 of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients.

It is an offeror's responsibility to ensure its entire proposal is received by the date and time specified; emails must be transmitted in sufficient time to ensure and confirm receipt by the Government. Offerors are advised that DLA Troop Support's email system may rely on several different servers and/or security firewalls. As a result, there may be a lag time between the date/time stamp the offeror sends an offer via email and the date/time stamp indicates the offer is received by the authorized email address. For the purposes of establishing the timeliness of a proposal, only the date/ time indicated by the authorized email address as having been received will be used. Any offer that is received by the authorized email address with a date/time stamp after the closing date/time of the subject solicitation will be considered late, regardless of the date/time when the email was sent or when initially received by Government servers. Late proposals will not be accepted or considered.

As directed by the Contracting Officer, e-mail may also be used during discussions/negotiations, if discussions/ negotiations are held, and for proposal revision(s), including Final Proposal Revision(s). The Contract Specialist, mailto:James.Kahn@dla.mil mailto:James.Kahn@dla.mil mailto:Thomas.Haley@dla.mil

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 113 PAGES

SPE3S1-26-R-0009

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

James Kahn (James.Kahn@dla.mil) and the Contracting Officer, Thomas Haley (Thomas.Haley@dla.mil) may receive the e- mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, will be designated in that request. Submission of proposals and any revisions are subject to the terms of FAR 52.215-1, Instruction of Offerors for Competitive Offers.

Note: Submission of proposals through the upload capability in DIBBs is prohibited.

Note: The Government reserves the right to evaluate offers and make award(s) without discussions with offerors.

Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Note: In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a pricing technique under this solicitation.

Note: Included in Section I are the full text versions of the Cyber Incidents clauses, DFARS 252.204-7008, 252.204-7009, and 252.204-7012.

A-2

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

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. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program and internal control system that is suitable to the size of the company and extent of its involvement in Government contracting, 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)

This solicitation and the resulting contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract. 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)

**NOTE: Offerors must be registered in the System for Award Management (www.SAM.gov). Those not registered in SAM may be considered non-responsible. Upon registration, a CAGE code will be assigned to the registered firm. This code must be placed in the box next to “code” in block 15A of the cover sheet.

All clauses incorporated in full text throughout the entire solicitation must be filled out as applicable.

FOB Destination terms are applicable to this solicitation.

DLA Troop Support and DEVCOM Soldier Center addresses for PDM submissions can be found in Section L-4.

All materials pertaining to the Technical Proposal, Business (Price) Proposal, and Additional Submission

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 113 PAGES

SPE3S1-26-R-0009

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

Requirements must be submitted with initial offer.

Offerors may not be required to submit PDMs as a part of their Technical Proposal. Please refer to Sections L-4, L-6, M-2.A, and M-3 for submission requirements and evaluation criteria for referenced PDMs.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 Items to be Supplied

A. Estimated Requirements

Line NSN Items Estimated Yearly Quantity (EA)

0001 8970-01-596-4514 HEATER TRAY, ASSEMBLED 210,000

0002 8970-01-596-4504 HEATER MODULE, BOIL-IN-BAG (BIB) EGG MODULE 30,000

0003 8970-01-547-8516 PULL TABS 120,000

These estimated quantities are based on forecasts provided by the services. The Government is not obligated to order estimated quantities.

B. Indefinite-Quantity Contract (IQC) Minimum and Maximum

The IQC minimum quantities and IQC maximum quantities for the Heater Tray Items are as follows:

Line Items Min. (5 tiers) Maximum (5 tiers)

0001 HEATER TRAY, ASSEMBLED 210,000 1,575,000

0002 HEATER MODULE, BOIL-IN-BAG (BIB) EGG MODULE 30,000 225,000

0003 PULL TABS 120,000 900,000

The Government guarantees that it will order the minimum of units stated above in Section B-1, IQC Quantities chart during the life of the resultant contract(s). The guaranteed minimum quantity may be ordered during any tier period or combination of tier periods. The Government may fulfill the guaranteed minimum quantity by issuing a single delivery order or any number of delivery orders. However, in fulfilling the guaranteed minimum quantity, the total dollar value expended by the Government shall not exceed the dollar value of the guaranteed minimum quantity procured at the lowest unit price established under the contract(s) and is hereafter referred to as the “guaranteed minimum dollar value.” If an offeror is awarded multiple line items, then the guaranteed minimum dollar value shall be the combined value of each line item guaranteed minimum quantity procured at its lowest unit price established under the contract(s). The Government will be considered to have fulfilled its obligation to order the guaranteed minimum quantity when the guaranteed minimum dollar value has been met.

Note: Surge Quantities are applicable to select items. See Section C for Surge and Sustainment Plan requirements, Section L for Surge and Sustainment submissions procedures, and Section M for Surge and Sustainment evaluation criteria.

C. Delivery Schedule

The Heater Tray Items will have an indefinite number of delivery orders. Delivery is FOB Destination to the DLA Depot. There is one location where these items will be shipped:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 113 PAGES

SPE3S1-26-R-0009

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

• Tracy, California DDJC - (W62G2T)

Required Delivery Date is 120 Days ADO.

B-2 General Information

The effective term of the contract will contain five (5) consecutive tiered delivery periods. Each tier will be 365 days in length. The first delivery period will begin upon date of award, unless otherwise specified in the resultant contract.

B-3 Pricing

The effective period of the contract for Tier 1 will be from the effective date of award through 365 days. Tier 2 will begin after the 365th day of Tier 1 and will be the same length of 365 days. The same pattern will follow for Tier 3, 4, and 5. The performance period of the contract will end on the 365th day of Tier 5.

Note: The Heater Tray Items pricing must be made on a FOB Destination basis. The Heater Tray Items' prices will be based on the tier period an order is placed, not when an order is shipped or delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the prices in effect for that order will be the tier 2 prices.

This also applies to components that are subject to Economic Price Adjustments.

B-4 Indefinite Quantity Contract

This solicitation will result in an Indefinite-Quantity Contract (IQC), as provided in FAR Clause 52.216-22 Indefinite Quantity (OCT 1995). In an IQC, the Government awards a range of quantities rather than a single fixed quantity. The bottom of the range is the minimum (the IQC minimum quantity), which the Government is obligated to order, and which is all it is committed to order. The top of the range is the maximum (The IQC maximum quantity), which is the largest quantity the Government may order, and which the contractor agrees to provide if ordered. The Government may order a quantity within that range. Sometimes an estimated quantity is stated also, which may be the same as the minimum or the maximum, or it may be a quantity within the IQC range.

B-5 Economic Price Adjustment

TS16-23 ECONOMIC PRICE ADJUSTMENT (EPA) - UNITIZED GROUP RATION (UGR) (JUN 2017)

A. Warranties: For the portion of the schedule that is covered by this EPA language, the Contractor warrants that the unit prices included in the Schedule does not include allowances for any portion of the contingency covered by this EPA language.

B. Base unit price: The base unit prices for the purpose of the adjustment calculations under this EPA language shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.

g. an average of egg indices for egg products, pork belly indices for pork products, and skim milk and butterfat indices for milk products) only for the period specified under the “BASE Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, (if no discussions are held), (ii) the due date for final proposal revisions, (if discussions are held), or (iii) the opening date, (if sealed bidding is used).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 113 PAGES

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

C. Adjusting unit price: The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

D. An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror (s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this EPA language may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this EPA language, and the economic indicators and publications to be used are listed in paragraph (b) of this EPA language data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this EPA language may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this EPA language, and the economic indicators and publications to be used are listed in paragraph (b) of this EPA language.

E. With respect to increases or decreases under this EPA language, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised).

F. EPA allowance factor: For the purpose of price adjustment pursuant to this EPA language, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as egg, pork belly, skim milk, and buttermilk, are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

G. Performance requirement: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 113 PAGES

SPE3S1-26-R-0009

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

Specifications to Performance Requirements. The Government no longer states the specific amount of product (egg, pork belly, skim milk, buttermilk etc.) (a unitized group ration item) that goes into a Unitized Group Ration, only an overall amount with a protein and carbohydrate requirement. Meeting the protein and carbohydrate requirement indicates that the Contractor has put in sufficient quantities of required ingredients in the Unitized Group Ration to satisfy the requirement. (Different Contractors will put in differing quantities of egg, pork belly, skim milk, buttermilk etc. to meet the protein and carbohydrate performance requirements).

This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

H. Adjustments shall be calculated as follows: (Round to four decimal places)

1. Compute the Adjusting Unit Price and the Base Unit Price.

2. (Adjusting Unit Price - Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

3. Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment

4. The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

5. Determine the Contract Price Adjustment by computing the sum total of the price Adjustment of all items subject to EPA.

I. Price adjustments pursuant to this EPA language shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

J. Payments: Payment for items pending adjustment under this EPA language shall be at the existing unadjusted current unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this EPA language.

K. Any pricing actions pursuant to the “Changes” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 113 PAGES

L. No adjustment will be made under this EPA language unless the total change in the contract amount is $500.00 or more.

M. Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this EPA language.

N. Revision of market price indicator: In the event (i) any applicable market price indicator is discontinued or its method of derivation is altered substantially or (ii) the Contracting Officer determines that a particular market price indicator consistently and substantially no longer reflects market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

O. Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA language then the matter shall be resolved in accordance with the Disputes clause of the contract.

P. Authority to add additional items to this EPA language: Paragraph (b) of this EPA language identifies 3 unique components contained in the ration. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the ration.

The Contracting Officer will show within paragraph (b) the additional components(s).

Q. Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

R. In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Text)

B-6 Product Demonstration Models (PDMs)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 113 PAGES

Acceptable PDMs, also referred to as approved PDMs, will be used as production standards by both the Contractor and the Government. The production lots/product-codes used as the production standards by both the Contractor and the Government must be identical. The approval of any PDM will not constitute a waiver of the requirement that all delivered product must meet all other solicitation/contractual requirements, such as but not limited to, analytical requirements, physical requirements, microbiological requirements and/or performance requirements unless specifically stated by the Contracting Officer. The offeror/contractor will be responsible for the shipment of PDM samples to DEVCOM, to DLA Troop Support, and to hold samples at the Contractor's site.

The contractor is required to retain and possess its own set of approved PDMs and will be responsible for the distribution of approved PDMs to Government entities, when required by the Contracting Officer, throughout contract performance.

Initial PDM

PDMs must be submitted prior to the close of the solicitation and found to meet the standards referenced in their specifications. Item specifications can be found in section C-1. Refer to Sections L and M for PDM submission instructions and evaluation criteria as a part of a proposal. Offerors must warrant that product submitted under any resultant contract will conform to all packaging, labeling and packing requirements as well as analytical requirements. The Government will not accept product offered under this solicitation or produced for performance under the resultant contract that does not conform to all requirements.

New PDM (may not apply)

During contract performance, new items may be introduced for delivery during the next delivery period. PDMs are required for all new items and must be submitted 45 days prior to the start of the delivery period in which the new items will be incorporated into the contract. If approved product technical requirements for new items are not available to meet this requirement, the contractor must submit PDMs within 30 days from the date the requirements document is published. Contractors must certify that the PDM(s) conforms to all specification/ production description characteristics or must adequately describe any differences the PDM may have from the requirements of the product description or specification(s). Upon approval by DLA Troop Support, the New PDM will become the product standard.

Replacement PDM

Changes in production methodology or packaging, such as implementation of new technology, may result in a product non-comparable to one or more observable characteristics of the production standard.

If the Government determines, on its own or at the suggestion of the contractor, that any change in a product characteristic, other than changes to shape or dimension compatible with performance requirements, results in a product that is no longer comparable to the production standard, the contractor must submit a replacement PDM. If the Government determines, on its own or at the suggestion of the contractor, that any changes to shape or dimension impact on the ability to compare the new product to the production standard in terms of the performance requirements designated for appearance, odor, flavor, and texture, the contractor must submit a replacement PDM.

The contractor must submit a replacement PDM if determined necessary by the Government. Contractors must certify that the PDM(s) conforms to all specification/production description characteristics or must adequately describe any differences the PDM may have from the requirements of the product description or specification(s).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 113 PAGES

The contractor must bear all expenses incidental to the submission of Replacement PDMs to DEVCOM and their evaluations by DEVCOM.

Upon approval by DLA Troop Support, the Replacement PDM will become the product standard.

Replenishment PDM

Every 12 months, or as otherwise specified by the Contracting Officer, for finished-product components inspected by the Government at origin, the Government Quality Assurance Representative (GQAR) will replenish the Government's supply of PDM's at origin with 70 PDMs randomly selected from a lot inspected and accepted by the Government for all contractual requirements. In addition, the GQAR will randomly select from the lot 32 replenishment PDMs for DEVCOM and 4 replenishment PDMs for DLA Troop Support.

Upon approval by DLA Troop Support, the Replenishment PDM will become the product standard.

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

C-1 Item Description/Specifications

The below listed item descriptions include the required technical specification (i.e. Performance Contract Requirements (PCRs), Commercial Item Descriptions (CIDs), etc) for this acquisition.

Note: When a CID is listed as the required technical specification, the associated PKG&QAP document - if there is one - is also incorporated into the performance requirements.

8970-01-596-4514 HEATER MODULE, HEATER ASSEMBLED, HEATER TRAY, contains 1 each coated fiber-based heating tray; 1 each activation fluid unit, pre-assembled, and 1 each heater, seal-in-tray, (for Unitized Group Ration Express) PKG&QAP MIL-DTL-32235B dated 30 March 2021, MIL-DTL-32235B dated 30 March 2021, MIL-DTL-32235/4 dated 30 March 2021 w/change 01 dated 31 March 2023.

8970-01-596-4504 HEATER MODULE, BOIL-IN-BAG (BIB) EGG MODULE, contains 1 each of freeze dried/ dehydrated egg in food barrier pouch; 1 each potable water pouch; 1 each heater in barrier pouch; 1 each activation fluid pouch; and 1 each serving tray, foodservice overwrapped, and 1 each BIB Egg Module box with BIB Egg Instruction Sheet; (for Unitized Group Ration Express). PKG&QAP MIL-DTL-32235B dated 30 March 2021, MIL- DTL-32235B dated 30 March 2021, MIL-DTL-32235/3A dated 30 March 2021 w/ change 01 dated 31 March 2023.

8970-01-547-8516 PULL TABS, constructed from low to medium density polyethylene, configured w/four loading stations to support the four tray (polymeric food) one step activation; each station includes large center tooth (through which the activator tabs are assembled) and two smaller teeth (that retain the assembled activator tab) MIL- DTL-32235/4 dated 30 March 2021 w/change 01 dated 31 March 2023, PKG&QAP MIL-DTL-32235B dated 30 March 2021, MIL-DTL-32235B dated 30 March 2021.

Copies of the required technical specifications (i.e.: Performance Contract Requirements (PCRs), Commercial Item Descriptions (CIDs), etc) may be obtained upon request from:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 113 PAGES

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

Defense Logistics Agency

DLA Troop Support Ms. Shannon Dempsey, Food Technologist

ATTN: FTSC

700 Robbins Avenue, Philadelphia, PA 19111-5092 e-mail: substqgrouprations@dla.mil

Copies of the stated documents may also be obtained at the DLA Troop Support Subsistence Internet website located at: https://www.dla.mil/Troop-Support/Subsistence/Operational-Rations/Military-Details/

C-2 Date of Pack Requirements

Acceptance will be limited to product processed and packed subsequent to date of award of delivery order.

Additionally, all shipments of components/product from a producer to destination/assembly points shall not be older than 90 days at delivery.

C-3 Additional Requirements

A. ENTRY TO PLANT

1. The Contracting Officer or any Government personnel designated by him shall be permitted entry into the Contractor's and Subcontractor's plants at any time during the effective period of the contract. Except for inspection services, the Contracting Officer shall give prior notice of the purpose of the meeting and shall furnish dates of the visit.

B. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

1. As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and Laboratory Service, DLAR 4155.3, Veterinary Medical and Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will originate from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," published by the U. S.

Army Medical Command Veterinary Services Directorate, or an establishment inspected and approved by the U.S.

Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. Requests for inspection and "Directory" listing by U. S. Army Medical Command Veterinary Services Directorate will be routed through DLA Troop Support- FTW Food Safety Office for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources Division, US Army Veterinary Services.

C. FOOD DEFENSE PLAN

mailto:substqgrouprations@dla.mil https://www.dla.mil/Troop-Support/Subsistence/Operational-Rations/Military-Details/ https://www.dla.mil/Troop-Support/Subsistence/Operational-Rations/Military-Details/

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SPE3S1-26-R-0009

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

1. Currently, all DLA Troop Support Subsistence contracts have a requirement for submission and implementation of some type of Food Defense Plan at each contractor facility. As a result of increased risk for the potential of intentional food tampering the plan shall describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense Plan vulnerabilities and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. The plan must include preventive steps taken to safeguard product from intentional tampering/contamination during all stages of receipt, production, storage, assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the plan. The Food Defense Plan will be received, reviewed, rated, and kept on record in the Quality Audits & Product Protection Branch (DTA Troop Support-FTSB). Note: Points will be deducted for not responding to a question with a YES, NO, N/A or for not providing the information requested (e.g., establishment registration information). To download a copy of the DLA Troop Support Food Defense Checklist go to https://www.dla.mil/Troop-Support/Subsistence/Food-Safety/ Food-Quality/ or contact the applicable DLA Troop Support Contracting Officer or the Quality Audits & Product Protection Branch (DLA Troop Support-FTSB). The Quality Audits Food Defense Branch (FTSB) is the only DLA/DLA Troop Support office authorized to receive, review and approve Food Defense Plans. ALL Food Defense Plans and QSPs are maintained and secured by FTSB.

D. INTEGRATED PEST MANAGEMENT

1. The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of 15 November 2017 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place prior to the initiation of production of Government product. The IPM plan is required to be submitted to DLA Troop Support upon submittal of proposals. Associated pesticide labels and SDS documents are not required but are to be made available upon request by DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found on the DLA Troop Support website at: https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/ FoodQuality/TS_ipm-cpaf_171120.pdf

E. CURRENT GOOD MANUFACTURING PRACTICES IN MANUFACTURING, PACKAGING OR

HOLDING HUMAN FOOD

1. Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 110 “Current Good Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is required. In addition, the contractor is required to comply with all with the provisions contained within specific parts of the Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable.

F. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

1. As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and Laboratory Service, DLAR 4155.3, Veterinary Medical and Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_171120.pdf https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_171120.pdf

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SPE3S1-26-R-0009

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

originate from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," published by the U. S.

Army Medical Command Veterinary Services Directorate, or an establishment inspected and approved by the U.S.

Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. Requests for inspection and "Directory" listing by U. S. Army Medical Command Veterinary Services Directorate will be routed through DLA Troop Support- FTW Food Safety Office for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources Division, US Army Veterinary Services.

Sanitary Conditions

2. 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 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 MEDCOM 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). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers 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's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

b. (2) Establishments furnishing the products listed below 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 listing is provided in Appendix A of the Worldwide Directory.

i. Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS), at https://www.fsis.usda.gov/inspection/establishments/meat-poultry-and-egg-product-inspection-directory. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items.

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SPE3S1-26-R-0009

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

ii. Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

iii. Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.htm.

iv. Egg products (liquid, dehydrated, frozen) may be supplied from establishments listed in the “Meat, Poultry and Egg Product Inspection Directory” published by the USDA FSIS at https://www.fsis.

usda.gov/inspection/establishments/meat-poultry-and-egg-product-inspection-directory. All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

v. Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafoodinspection.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

vi. Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.

htm. These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade `A' Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at https:// www.fda.gov/food/guidance-documents-regulatory-information-topic-food-and-dietary-supplements/milk-guidance-documents-regulatory-information.

vii. Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: https://apps.ams.usda.gov/dairy/ApprovedPlantList/) may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/ operation code. Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed.

viii. Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/ federalstatefoodprograms/ucm2006753.htm.

http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

c. 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 web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt plants/products, see the Worldwide Directory.

d. 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.

e. When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

3. Delivery conveyances

a. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product `unfit for intended purpose', supplies tendered for acceptance may be rejected without further inspection.

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)

SECTION D - PACKAGING AND MARKING

D-1 PACKAGING: If applicable, preservation,…

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