SPE300-23-R-X010 unsigned solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000169293

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE300-23-R-X010

5. SOLICITATION NUMBER

2023 JUN 22

6. SOLICITATION ISSUE

DATE

Kalifa Williams PHPHDBC

a. NAME

Phone: 215-737-0619

b. TELEPHONE NUMBER (No Collect calls)

2023 JUL 05

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT

DIRECTORATE OF SUBSISTENCE

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

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

311511NAICS:

1150SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 77 PAGES

SPE300-23-R-X010

BLOCK 8 (Continued):

OFFER DUE DATE/ LOCAL TIME: July 5,2023 at 3:00PM EASTERN STANDARD TIME

BLOCK 9 (Continued):

Email and DIBBS are the acceptable forms of transmission for submission of initial proposals. E-mailed submissions should be sent to:

Kalifa Williams, kalifa.williams@dla.mil Chari Fix, chari.fix@dla.mil

NOTES:

INITIAL OFFERS:

(1) Submitting offers via DIBBS electronic upload is authorized for this solicitation. A notice with instructions to vendors has been posted to DIBBs. The following notes apply:

(a)The offer must be signed and completed in its entirety in accordance with the solicitation requirements. Do not select submit until all associated documents are added. No data will be saved unless the offer is submitted. Once submitted, documents may be added, but not removed.

(b)Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office by 3:00 p.m. Eastern Standard Time.

(c)If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late proposal. In that case, one of the other acceptable submission methods must be utilized.

(2) Facsimile offers are NOT authorized for this solicitation.

DIBBS-Upload-Offer-User-Help.pdf (dla.mil)

(3) Offerors submitting proposals using email are advised that DLA Troop Support systems have certain email size and transmission limitations. Proposals 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 proposal 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 is sufficient time to ensure and confirm receipt by the Government.

DISCUSSIONS/NEGOTIATIONS: As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/ negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal Revision(s).

BLOCK 17A. (Continued):

OFFERORS: SPECIFY

CAGE CODE: __________________________

FAX NUMBER __________________________

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). Offeror’s assigned SAM Unique Entity Identifier (UEI):

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

BLOCKS 19-24 (Continued):

SEE SCHEDULE OF ITEMS (ATTACHMENT 1)

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 77 PAGES

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SOW AND CLAUSES

Caution Notice

This acquisition will utilize the Lowest Price Technically Acceptable Source Selection Process. See 52.212-2 Evaluation - Commercial Items. This procurement is being solicited on an unrestricted basis with Hubzone evaluation preference.

This procurement is being solicited on an unrestricted full-competition basis with HUBZONE evaluation preference. Solicitation SPE300-23-R-X010 is designed to place market ready fresh milk and other dairy items, all fully competitive, on contract for various customers in the state of Nebraska The resultant contract will be a fixed price, Indefinite Delivery Purchase Order Contract (IDPO) with EPA applied to Class 1 fluid milk items and firm-fixed price for all other items, for an indefinite quantity, within stated limits, of specific supplies to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 16.540(a)). The duration of the contract is for a term of 36 months (three-year period). For all Class I fluid milk items, the EPA will be applied throughout the contract. Pricing for all other items will remain firm-fixed for the duration of the contract. The effective ordering period for any contract resulting from this solicitation shall be from July 16, 2023, and ending on July 11, 2026.

The resultant contract will be for a thirty-six-month period. The solicitation contains one (1) group:

Group 1: NE: Offutt AFB

Based on the Berry Amendment, all dairy items must be produced and manufactured in the United States (DFARS 252.225-7012).

IMPORTANT: Please be aware that any proposal submitted in response to this solicitation MUST comply fully with its terms and conditions. All proposals must contain all pertinent information required by the solicitation. Said information will be reviewed by the Contracting Officer for completeness and accuracy. Providing an incomplete proposal and/or inaccurate information may result in the proposal being deemed technically unacceptable by the Contracting Officer. If such a determination is made, the technically unacceptable proposal will be immediately removed from competition and therefore ineligible for the award.

**THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT CONFORMS TO

THE SOLICITATION REQUIREMENTS AND OFFERS THE LOWEST PRICE**

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 77 PAGES

Form (CONTINUED)

If you have any questions, please contact the Contract Specialist or Contracting Officer that is associated with this procurement. Contact information is provided below for your convenience.

Contract Specialist:

Kalifa Williams

(215) 737-0619 Kalifa.Williams@dla.mil

Contracting Officer:

Chari Fix

(215) 737-2105 Chari.fix@dla.mil

Caution - Contractor Code of Business Ethics (Feb 2012)

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.

Notice to our Valued Suppliers

The following attached forms require information to be furnished by each offeror. Any questions may be directed to the Contract Specialist at the telephone number shown or email listed on the cover sheet of this solicitation. Return one (1) completely filled out solicitation in its entirety.

1. Complete Standard Form 1449, 17a, 30a, b and c.

2. Complete all Supplies/Prices “Schedule of Items” spreadsheets (Offered Prices) and Qualifications.

3. Sign and return any/all amendments.

4. Complete the CAGE Code and DUNS number.

5. Complete all of the following and any additional Offeror Representations and Certifications:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 77 PAGES

Ø AUTHORIZED NEGOTIATORS

Ø Review the REVISED INFORMATION noted via Clause 52.212-2, Evaluation -

Commercial Items

Ø FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS

Ø FAR 52.215-6 PLACE OF PERFORMANCE

Ø Completion of 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) FAR and Representation in 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019) FAR

Ø The requirements for Clause 52.222-37 (see Addendum to FAR 52.212-5), Employment

Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212) mandate annual reporting of certain statistics on a form titled "Federal Contractor Veterans' Employment Report VETS-100."

-Statement of Work - complete all requested information

All offerors are required to submit a Wholesale Price List with their offer.

ALL VENDORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) TO RECEIVE AN AWARD. SEE CLAUSE 52.212-4(t)

GO TO HTTPS://WWW.SAM.GOV FOR DETAILS

Please submit the CAGE Code: ____________________

STORES (Subsistence Total Order and Receipt Electronic System)

The automated STORES (Subsistence Total Order and Receipt Electronic System) will be used to the maximum extent practical on the resultant contracts from this solicitation. Orders will be sent via a computer-generated fax (STORES purchase order). In order to facilitate the receipt and payment process, there is specific information contained on the STORES purchase order that MUST be mirrored on the vendor's invoice. The information may have to be hand written on the invoice. Please ensure the information is correct and legible. Invoices for those customers placing orders under STORES must be submitted for payment to the following address:

DFAS BVDP (SL4701)

P.O. Box 369031 Columbus, Ohio 43236-9031

Electronic Invoicing by Suppliers via Electronic Commerce/Electronic Data Interchange:

All suppliers are required to process invoices electronically. This is a condition for contract award. An electronic invoicing system expedites payments by providing a real time system for invoice processing. In an effort to ensure that your firm is paid promptly for products that you supply, we want to utilize the best business practices available. The business practices of today reflect increased utilization of Electronic Commerce/Electronic Data Interchange providing more timely and cost effective ways of information exchange. DLA Troop Support, Subsistence is migrating towards more and more use of the electronic

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 77 PAGES

SPE300-23-R-X010

Form (CONTINUED) mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone an Enterprise Business Systems (EBS) initiative. This EBS initiative will change the way you currently invoice. EBS conforms to a strict adherence of detailed line item payment in concert with the order.

The manual paperwork will no longer be a viable way to invoice. Invoices need to be submitted for payment promptly after delivery. Our intention is to provide you a quick and easy way to submit your invoices for payment and to help ensure prompt and accurate payments. Efforts have been underway for some time to bring a resolution for you to be able to accomplish Electronic Data Interchange with the invoices. Alternatives available are:

1. If your company is able to exchange information electronically through ANSI X12 format, we could set your company up as an EDI vendor immediately, being able to receive orders and send invoices electronically.

2. There are companies available who for a fee will turn your flat files into EDI Invoices (810 transactions).

3. The STORES/BSM Reconciliation (Recon) Tool web application is used to submit your invoices electronically. This system can be found on the DLA TROOP SUPPORT web page for Subsistence, https://www.stores.dla.mil/stores_web/default.aspx. You will be issued a User ID and Password, after properly registering for this site. This application will allow you to see on the website receipts by the customers, for your contracts only. You can review the receipt and, if in agreement you will simply type in an invoice number to submit your invoice to DFAS. This receipt information is available at this website for 8 weeks. The user will have the ability to add lines or change existing lines to reflect what was delivered. The changes will be e-mailed to your DLA Troop Support Account Manager, who will work at resolving the differences; however, the customer must make the corrections electronically.

Vendors are encouraged to wait until the receipt is adjusted to submit their invoices. The system will be updated daily from the receipt files. Invoices submitted using this website will generate an EDI invoice to flow through the paying process at DFAS. If you need additional information on electronic or alternate electronic invoice processing, contact your DLA TROOP SUPPORT Account Manager or Buyer or use the Recon Training Tool.

One of the listed methods must be used as paper invoices are no longer a viable option.

A sample STORES order is illustrated for informational purposes only. The information indicated in the five elements below is required to be identified on the vendor's invoice in order for the vendor to be promptly paid by DFAS. These elements are on the system generated STORES purchase order, and the information needs to be transferred to the invoice.

1. Contract Number - i.e. SPE300-15-D-V500 (on attached sample). This number will remain constant throughout the life of the contract.

2. Call Number - i.e. 408Y (This is the Julian date and the Lap ID number of the purchase order). This number will change with every order.

3. Lead CLIN No. - i.e. 55 (This is the item number on the purchase order). This number will change with every order.

4. Purchase Order Number - i.e. FT123490912211. This number will change with every order.

5. Required Delivery Date (RDD) i.e. 4/3/15. This date will change with each order.

Each order will contain similar information. Contractor is responsible to extract the correct information from the STORES order for each invoice.

SAMPLE OF SENT ORDER DETAILS

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SPE300-23-R-X010

Form (CONTINUED)

STATEMENT OF WORK

Supplies or Services and Prices

I. INTRODUCTION

A. The Defense Logistics Agency (DLA Troop Support) intends to support the needs of its customers by entering into one Indefinite Quantity, Indefinite Delivery Purchase Order contract (IDPO) to supply fresh Milk and Dairy items to the customers stated below. This solicitation contains the estimated requirements for these items for various customers in the state of Nebraska The solicitation contains one (1) group:

Group 1: NE: Offutt AFB

NOTE: Customers may be added or deleted during the period of the contract.

(SEE CONTRACT ADMINISTRATION DATA SECTION, ADDITIONAL CUSTOMERS FOR DETAILS)

B. The resultant contract(s) will be a fixed price, Indefinite Delivery Purchase Order contract (IDPO) with EPA applied to Class 1 fluid milk items and firm-fixed price for all other items, for an indefinite quantity, within stated limits, of specific supplies to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 16.540(a)). The duration of the contract(s) are for a term of 36 months (three-year period). For all Class I fluid milk items, the EPA will be applied throughout the contract. Pricing for all other items will remain firm-fixed for the duration of the contract. The effective ordering period for any contract resulting from this solicitation shall be from July 16, 2023 and ending on July 11, 2026.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 77 PAGES

Delivery - The current delivery schedule for each location is set forth in the statement of work. Offerors shall indicate their agreement to the current schedule or propose an alternate schedule. Delivery on all products is required, no less than on a weekly basis and should be in accordance with standard commercial practice.

GUARANTEED MINIMUM/MAXIMUM

The maximum ceiling on the resultant contract is $250,000.00.

Nebraska 18 month Est 10% guaranteed 3 year estimate contract maximum (Tier 1) minimum (total including all tiers) Group 1: NE-Offutt AFB $125,000.00 $8,333.33 $250,000.00 $250,000.00

PRICING

A. Offerors are required to submit a copy of their current Wholesale Price List Schedule or other documents containing commercial pricing information.

B. Prices shall be FOB Destination only.

C. Offerors are required to cross-reference the prices on the Wholesale Price List, Catalog Price Schedule or other pricing documents to the item number on the solicitation.

There are several ways of accomplishing this, including writing the item number, as specified in the solicitation, next to the price and item description on the price list. Please do not submit a separate list of information especially prepared for this solicitation; the pricing catalog, complete with cross-references, is requested.

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

In addition, the system requires that prices be fixed for a certain period of time.

SCHEDULE OF ITEMS

If a customer desires to order an item that is not listed on the resultant contract(s), a written request to the DLA Troop Support Market Ready Contract Specialist shall be submitted to have the item added. The Contract Specialist will contact the vendor and arrange to have the item added to the STORES catalog in coordination with the Contracting Officer.

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

Additional items may be added or removed from the contract. However, any items that are added may not increase the value of the contract above the contract maximum.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 77 PAGES

IMPORTANT NOTE: Items not on the STORES catalog CANNOT be ordered from the contractor under the resulting contract. Payments will not be made for items not appearing on the catalog at time of order.

The Government reserves the right to remove any items from the Schedule of Items from the Group should an (all offeror(s) not bid on all the items.

ADDITIONAL CUSTOMERS

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

The increase in the new business will be reflected in the $250,000 maximum. Additional customers are limited to those that receive Federal funding. The Government reserves the right to unilaterally remove DoD customers from the resultant award by way of formal modification.

CUSTOMER SERVICE POLICY

The contractor(s) shall treat each of the customers covered under the contract as one of its best customers.

Therefore, any treatment and/or customer service policy given to other essential accounts shall also be given to the customers covered under the resulted contract.

NEGOTIATIONS

For the subject acquisition, the Government intends to evaluate offers and award the contract 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 negotiations if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

and waive informalities and minor irregularities in offers received.

Initial responses to negotiations shall be in a form of communication customary in the industry for transmitting information to include phone, facsimile transmission, letter, in-person and e-mail.

NON-MANUFACTURER / NON-DISTRIBUTER

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

Please make sure to read the instructions to fill out the Schedule of Items (SOI) spreadsheet correctly for each group you are offering on. Government has provided you with the customer's requirements and auto calculations as follows:

Column Name Column Description Item A Item Number

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 77 PAGES

Item Name/descriptions B The Government's format begins with a broad category and then continues with a more general description; for example milk, chocolate, low fat Chl. 1% milk fat

Container Size C This column displays the requested container size of each item.

Estimate Annual D,E This column represents the estimate number of units to be ordered for each period.

Quantity per Unit Column D = estimated units for fluid milk (24 months) Column E = estimated units for other dairy items (24 months)

Measure of Unit G This column describes the unit size required per line item.

The prices offered will be priced per unit.

Total Price per unit This column auto calculates the total price for each CLIN as follows:

Fluid milk = (column D * column J) Other Dairy = (column E * column K)

Offerors are expected to complete all the information requested as follows for each item.

Column Name Column Description Product Code I Enter Company Product Code or UPC.

Wholesale Price J Indicate the wholesale price from the customer Wholesale Price List

Price per Unit K Offerors should submit prices Per Unit.

Fluid Milk the price will change monthly based on EPA updates.

For other dairy the price will be firm fixed.

Remarks Q Write any comments you have for that specific items, such as different flavors or size, no bid on this item, difference in the item name/description, etc

Group 1: Offutt AFB

GOVERNMENT QUALIFICATION:

The Government expects to award all items within a group but reserves the right to award a contract with less than all listed items if determined to be in the Government's best interests. The Government will make one award.

GOVERNMENT QUALIFICATIONS: IF YOU ARE OFFERING A SIZE OTHER THAN 5 GALLON FOR

ANY BULK MILK/JUICE ITEM PLEASE INDICATE BELOW. IF DIFFERENT BULK MILK/JUICE SIZES

ARE OFFERED BY DIFFERENT OFFERORS, EVALUATION WILL BE DONE ON A COST PER

GALLON BASIS. IF THERE ARE OFFERS FOR ITEMS OTHER THAN THE LISTED SIZE, THEN

OFFERS WILL BE EVALUATED ON A PER UNIT BASIS, I.E., GALLONS AND OUNCES. PLEASE

NOTE: THE CUSTOMER MUST AGREE TO ACCEPT SIZE CHANGES.

OFFEROR QUALIFICATION: (Qualification pertains to any conditions, deviations, or contingencies upon which offered prices are based).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 77 PAGES

IS YOUR COMPANY EDI CAPABLE? (Please circle a response) YES NO

EDI Code:

Note: All troop issue customers are currently processing orders and receipts through EBS. Provide the following information for ordering, invoicing, and payment purposes:

STORES Recon User ID

Point of Contact who will be operating STORES Recon tool

Point(s) of Contact for Ordering/Delivery Issues: _________________________________

Phone Number: ________________Email & Fax Number:__________________________

Point(s) of Contact for Invoicing and Payment: ___________________________________

Phone Number: ________________ Email & Fax Number: __________________________

Point of Contact for Item Recalls: ______________________________________________

Phone Number: ___________________ Email & Fax Number: __________________________

The delivery preference is for a 48 hour (skip day) delivery. Please address your ability to adhere to these delivery terms. Delivery is required 48 hours after order is placed. Orders may be placed with a longer lead-time; however, the minimum lead-time is “skip day”.

INDICATE YOUR REGULARLY SCHEDULED NON-DELIVERY DAYS:

BULK MILK CONTAINERS:

THE BULK MILK/JUICE DISPENSER CONTAINER SHALL BE A SINGLE SERVICE DISPENSER

CONTAINER (MULTI-GALLON POLYETHYLENE BAG) AND SHALL BE DELIVERED IN A SINGLE

SERVICE SHIPPING CONTAINER (CORRUGATED CARDBOARD BOX) OR A MULTI-SERVICE

SHIPPING CONTAINER (PLASTIC/METAL HOLDER/KEEPER CASE) WHICH DOES NOT REQUIRE A

TRANSFERRING OF THE SINGLE SERVICE DISPENSER CONTAINER (POLYETHYLENE BAG) TO A

HOLDER/KEEPER CASE OR DISPENSER CASE AT POINT OF USE.

Ordering System

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

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

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to DLA TROOP SUPPORT for the purposes of contractor payment and customer billing.

Customers will be able to order all of their Milk and Dairy requirements through STORES.

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

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

• Catalog (Vendor to DLA TROOP SUPPORT)

• Purchase Order

• Functional Acknowledgment

• Receipt

• Invoice (optional at this time)

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

D. The EDI-capable vendor must be able to conform to the Government's format for Item Descriptions on both the catalog and the invoices. The Government's format begins with a broad category and then continues with a more general description. For example, a half pint of whole milk would be described as “Milk, Whole, CHL (Chilled), ½ PT CO”.

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

II. Order Placement

A. Customers shall place orders via STORES to accommodate order lead time stated on contract.

Orders shall generally be sent no later than 10:00 a.m. two (2) days prior to the desired delivery date (or specified lead-time on contract) in order to ensure maximum availability of product.

However, a customer may decide to place an order with a longer lead-time for delivery except as noted on Section VI-A. Holidays of this Solicitation.

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

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

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

Purchase Orders

There shall only be one invoice per purchase order and only one purchase order per day. This will reduce invoice and payment issues. At no time is a delivery driver permitted to deliver items that do not appear on the purchase order.

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DESCRIPTIONS/SPECIFICATIONS

Product Quality

Acceptance of supplies awarded under this solicitation will be limited to fresh product. All products delivered under this contract must conform to the following freshness requirements. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice. Each container, carton, etc. shall have visible, legible, and understandable “sell-by-date” or equivalent.

1. Milk, Whipping Cream (fresh), Cream (fresh) and Half-and-Half (fresh), Ice Milk Mix, Fresh

(soft serve), Milk Shake Mix, Fresh (direct draw), Buttermilk and Eggnog must be delivered with a minimum 10 days shelf life remaining.

2. Whipping Cream (ultra-pasteurized), Half-and-Half (ultra-pasteurized), and Cream (ultra-pasteurized) must be delivered with a minimum 14-day shelf life remaining.

3. Cottage Cheese, cultured and acidified, normal and extended shelf life must be delivered with a minimum 14-day shelf life remaining.

4. Sour Cream must be delivered with a minimum 21-day shelf life remaining.

5. Yogurt must be delivered with a minimum of 18-day shelf life remaining.

6. Ice Cream must be delivered with a minimum 120-day shelf life remaining.

Commercial standards should be used to maintain temperatures appropriate for the individual items.

Contractor Quality Program

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

• Standardized product quality;

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

• Product shelf life is monitored;

• Items are free of damage;

• Correct items and quantities are selected and delivered;

• Customer satisfaction is monitored;

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

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

Troop Support;

• Compliance with EPA and OSHA requirements;

• Salvaged items or products shall not be used;

The vendor shall comply with any findings or corrective actions noted on all its mandatory monthly and yearly inspections and audits performed by County, State, and Federal Agencies including the Food and Drug Administration and US Department of Health & Human Services. The vendor will immediately notify the Contracting Officer of any negative findings by any of these auditing agencies which affect the performance of its contract(s) and of the vendor's corrective action. The Contracting Officer may request copies from the vendor of any negative County, State, or Federal health inspection which affects its contract(s).

Failure to comply with County, State, and Federal milk regulations; apply corrective actions to audit findings; or not maintaining its pasteurization plant compliance at a rate of at least 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk

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Shippers” may result in termination of the contract at the vendor's expense. In the event the vendor is subcontracting milk, dairy, or ice cream products, the vendor shall be responsible for replacing any noncomplying subcontractor with an approved subcontracting source or risk termination of the contract.

The vendor shall have in place the proper temperature controls in their warehouse to ensure product is stored at commercially acceptable temperature settings.

Warehousing and Sanitation Program/Stored Product Pest Management

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

Contractor Quality Audits

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

Recall Procedures Requirements A. In the event that a product recall is initiated by the USDA, the Contractor, or the Contractor's supplier or manufacturer, the Contractor shall follow the procedures as outlined below:

1. Immediately notify the following personnel:

(a) Customers that have received the recalled product.

(b) DLA Troop Support Contracting Officer.

(c) DLA Troop Support Account Manager.

(d) DLA Troop Support Customer Safety Officer at (215) 737- 2922.

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

(a) Reason for recall

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

(c) Description of product.

(d) Amount of product.

(e) List of customers that have received product.

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

3. The Contractor shall provide a Final Status Report of Recall, when completed, to the DLA Troop Support Consumer Safety Officer.

4. At the discretion of the affected customers, the Contractor shall either replace at no additional cost or adjust the invoice quantity for any recalled product.

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C. In the event of a DoD All Food and Drug Acts (“ALFOODACT”) notification resulting from a product recall, the Contractor shall provide the following information within 72 hours after recall notification (ALFOODACT) to their Contracting Officer (KO), Contracting Specialist, Tailored Vendor Logistics Specialist (TVLS) and/or Contracting Officer Representative (COR).

Additionally, this information will be sent to the DLA Troop Support Subsistence Food Safety Office at dscpconssafofc@dla.mil:

1) ALFOODACT 201X-XXX

2) DLA Contract Number:

3) Unit of Measure:

4) Quantity Currently in Stock:

5) List of customers that received product AND (a-h) for each customer:

a. Customer name and location:

b. DLA Purchase Order Number:

c. Vendor Invoice Number:

d. Item Stock number (LSN, NSN):

e. Quantity Shipped:

f. Date Shipped:

g. Value of Affected Product:

h. Amount of credit due:

MANAGEMENT REPORTS

A. The Contractor shall electronically transmit the following reports to the DLA Troop Support Contracting Officer and Account Manager on a monthly basis. All reports shall be cumulative for a one (1) month period and submitted no later than the seventh day of the following month (e.g., for the reporting period of January 1 through January 31, the reports must be received by February 7).

1. Fill Rate Report: The fill-rate is calculated by dividing the number of containers accepted by the customer by the number of containers ordered. No other method of calculating fill rates should be included. Mis-picks and damaged or rejected containers should not be included in this calculation. The report should specify fill rates per customer and an overall average fill-rate for all customers under the contract for the month being reported. For further fill rate explanation, see Section FILL RATE.

Packaging, Packing and Labeling

A. All packaging shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

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

INSPECTION AND ACCEPTANCE

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Inspection and Acceptance

A. Contractor's delivery vehicles will stop and report to the veterinary inspection points as designated for inspection of products before proceeding to any other designated delivery point.

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

C. All deliveries are subject to military veterinary inspection. In addition, the delivery vehicles may be inspected for cleanliness and condition.

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

RapidGate, Defense Biometric Identification System (DBIDS) Requirement and/or Other Security Programs

Many bases may require enrollment in either RapidGate or the Defense Biometric Identification System (DBIDS). Both RapidGate and DBIDS manage access to Department of Defense (DoD) installations and will not allow entry without clearance. During the contract start-up/ implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate, DBIDS, or another security program is required for access to each location. If RapidGate, DBIDS, or other security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of performance under this contract.

Failure to have clearance may result in a vendor being turned away from the base and being unable to complete delivery. The Contractor is responsible for any costs associated with RapidGate, DBIDS, and/or other security program enrollment and must ensure that a RapidGate or DBIDS enrolled driver is available for all deliveries.

We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the Contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate or DBIDS enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate or DBIDS is encountered during the start-up/implementation period, the Contractor MUST contact RapidGate, DBIDS, and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate, or DBIDS enrollment so that the Contractor will be able to deliver as required.

Please note that RapidGate and/or the Defense Biometric Identification System (DBIDS) is currently a requirement for access to some military bases; however, these and other locations may require enrollment in other security programs now or at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.

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For additional information regarding RapidGate and DBIDS, including enrollment instructions, please visit their websites at www.rapidgate.com and http://dbids.dmdc.mil/DBIDS

Warranties

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

Rejection Procedures

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

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

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

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

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

Contract Closeout

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

DELIVERIES AND PERFORMANCE

I. ITEM AVAILABILITY

All items must be available in sufficient quantities to fill the customers' requirements. ALL

DELIVERIES MUST BE MADE WITHIN 48 HOURS AFTER ORDER PLACEMENT OR LEAD TIME

STATED IN CONTRACT UNLESS OTHERWISE AUTHORIZED BY THE CUSTOMER.

Contractors must have the ability to provide to the customers a range of milk and other dairy items in sufficient quantities to fill all customer requirements and maintain the overall 97% contract fill rate. All supplies shall be delivered on a “fill or kill” per line item basis (i.e. If a Contractor cannot fill a line item, the line item dies). Therefore, item substitutions are not authorized.

B. Contractors shall notify the customer within 24 hours of required delivery date/time of the non-availability of any

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Form (CONTINUED) particular ordered item, whether in whole or in part. The customer may choose to replace the non-available item with another item from the contract catalog by placing a new, separate order for the item in STORES as applicable.

Assuming the proper procedure is followed, this circumstance (i.e. replacement of a NIS item with a separate order for another catalog item) will not negatively impact a Contractor's fill rate.

II. DELIVERY INSTRUCTIONS

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

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

C. Deliveries are required as indicated and between the hours listed on the delivery under Times/

Frequency. Occasionally, delivery times may need to be readjusted by the ordering activity.

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

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