SPE30014X0013_SOW.pdf

Attachment SPE300-14-X-0013 Page 1 of 55

CONTINUATION OF BLOCKS ON THE SF 1449

Block 8 (Continued)

Offer due Date and Local Time Is: April 4, 2014 AT 3:00 P.M., PHILADELPHIA LOCAL TIME.

Block 9 (Continued):

All offers/modifications/withdrawals must be plainly marked on the OUTERMOST ENVELOPE with the solicitation number, closing date, and time set for the receipt of offers.

Address Mailed Offer To:

Defense Logistics Agency (DLA) Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No.: SPE300-14-X-0013

Solicitation Issue and Closing Dates: March 24, 2014 – April 4, 2014 AT 3:00 P.M, PHILADELPHIA LOCAL TIME

Deliver Hand carried Offer, Including Delivery by Commercial Carrier, to:

Defense Logistics Agency (DLA) Troop Support Business Opportunity Office Building 36, Second Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

All hand carried offers are to be delivered to the Business Opportunity Office between 8:00 AM and 5:00 PM Monday through Friday except for legal federal holidays as set forth in 5 USC 6103.

Offerors that respond to this solicitation using a commercial carrier service must ensure that the commercial carrier service “hand carries” the offer/modification/withdrawal to the Business Opportunity Office prior to the scheduled opening/closing time.

Commercial carrier delivered offers/modifications/withdrawals must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers.

Send Facsimile Offer To: (215) 737-9300, 9301, 9302 or 9303. Facsimile Offers are authorized. The numbers listed here are THE ONLY ACCEPTABLE fax numbers for this solicitation. If faxing an offer, ALL pages of the offer MUST be received by the closing date and time. No Exceptions.

Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is located within a secured military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee of the Bid Room. The following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044, (215)737-7354, (215)737-0317, or (215)737-8566. It is the offeror’s responsibility to ensure that the offers are received at the correct location at the correct time.

Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you

Attachment SPE300-14-X-0013 Page 2 of 55 arrive at the installation at least one hour prior to the time solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEES THAT

YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.

**NOTE – THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT

CONFORMS TO THE SOLICITATION REQUIREMENTS AND OFFERS THE LOWEST EVALUATED

AGGREGATE PRICE **

Block 10 (continued):

NAICS: 311520

Size Standard: 500 Employees

Block 17A (continued):

OFFERORS: SPECIFY FAX NUMBER(S): ____________________________________________

EMAIL ADDRESS: ____________________________________________

Block 17B (Continued)

REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE VENDOR HAS LISTED IN THE

CENTRAL CONTRACT REGISTER (CCR).

Offeror’s assigned DUNS number: ____________________________________________

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, telephone numbers, facsimile (FAX) numbers and emails for each authorized negotiator.

Blocks 19-24 (Continued): SEE SCHEDULE OF ITEMS

Attachment SPE300-14-X-0013 Page 3 of 55

NOTES:

THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.

AT THE END OF THE SCHEDULE OF ITEMS, GOVERNMENT QUALIFICATION IS STATED.

IMPORTANT: The Government is indifferent between the below listed order lead-times. PLEASE

CHECK OFF YOUR FIRM’S REQUIRED ORDER LEAD-TIME:

[ ] 48 Hours Order Lead-Time [ ] 72 Hours Order Lead-Time [ ] 96 Hours Order Lead-Time

See Also “Deliveries and Performance” section under STATEMENT OF WORK.

CAUTION NOTICE

This procurement is being solicited as an Indefinite Delivery Purchase Order (IDPO) as unrestricted.

Solicitation SPE300-14-X-0013 is designed to place market ready ice cream items all fully competitive, on contract(s) for various customers in Southern Texas. Contract performance is expected to be from May 4, 2014 to May 2, 2015.

The resultant award will be issued as an IDPO not to exceed one year or $150,000 aggregate value, whichever occurs first. Prices quoted shall remain valid and fixed for the entire period of performance of the contract.

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.

Attachment SPE300-14-X-0013 Page 4 of 55

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” sheets (Offered Prices) and Qualifications

3. Sign and Return any/all amendments.

4. Complete the CAGE Code and DUNS number spaces on this page

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

• Authorized Negotiators

• FAR 52.212-3 Offeror Representations And Certifications—Commercial Items

• FAR 52.215-6 Place Of Performance

• DLAD 52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract

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

Please submit the following identification numbers:

CAGE Code:__________________________ DUNS #:__________________________

ALL VENDORS MUST BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTER (CCR) TO

RECEIVE AN AWARD. SEE CLAUSE 52.212-4(t).

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

Attachment SPE300-14-X-0013 Page 5 of 55

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. The Defense Logistics Agency, Subsistence is migrating towards more and more use of the electronic mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone an Enterprise Business Systems 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. Several alternatives are available:

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 Market Ready EDI Invoicing is another web application to submit your invoices electronically.

This system can be found on the DLA TROOP SUPPORT web page for subsistence, http://www.DLA Troop Support.dla.mil/subs/index.asp. 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.

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

On the next page is provided as a sample of a STORES order. The information indicated in the 5 elements below are 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. SP0300-99-D-V222 (on attached sample). This number will remain constant throughout the life of the contract.

2. Call Number - i.e. 274A (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. 308 (This is the item number on the purchase order). This number will change with every order.

4. Purchase Order Number - i.e. FT903692743186. This number will change with every order.

5. Required Delivery Date (RDD) i.e. 10/4/99. This date will change with each order.

http://www.dscp.dla.mil/subs/index.asp

Attachment SPE300-14-X-0013 Page 6 of 55

Please note that the sample attached is for information purposes only. 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

Purchase Order Number: FT123490912211 Contract Number: SPM30009DV500 Vendor: VENDOR NAME Call Number: 408Y Ordering Point: FT1234 ShipTo DoDAAC: FT1234

RDD: 4/3/2009

Receipt Date:

Source of Receipt: Manual

Include? CLIN Document Number

Stock Number FIC Description U/M PRF

DLA

TROOP

SUPPORT

Order

Qty Receipt

Qty Cost Proj Code

Part Number U/I Price

55 FT1234913203

891001E112644

MILK, CHOC, LOW FAT,

CHL, 1% MILK FAT, 5

GAL BIB

CO 1 CO $10.51 1 $10.51

28348

56 FT123490913204

891001E112161

MILK, LOW FAT, CHL,

1% MILK FAT, 5 GAL

BIB

CO 1 CO $10.09 2 $20.18

15056

57 FT123490913205

891001E113402

CHEESE, COTTAGE,

CHL, CREAMED, LARGE

OR SMALL CURD, 5 LB

CO

CO 1 CO $8.58 8 $68.64

25140

58 FT123490913206

891001E111798

YOGURT, LOW FAT,

CHERRY VANILLA,

CHL, BLENDED, 6 OZ CO

CO 1 CO $0.46 12 $5.52

28534

59 FT123490913207

891001E111775

RASPBERRY, CHL,

BLENDED, 6 OZ CO

CO 1 CO $0.46 12 $5.52

28524

60 FT123490913208

891001E116790

STRAWBERRY/BANANA

CHL, BLENDED

CO 1 CS $0.46 12 $5.52

28526

Total: $115.89

Attachment SPE300-14-X-0013 Page 7 of 55

STATEMENT OF WORK

Supplies or Services and Prices

I. INTRODUCTION

A. The DLA TROOP SUPPORT intends to support the needs of its customers by entering into one

(1) Indefinite Delivery Purchase Order (IDPO) per group to supply Ice Cream Items to the customers stated below. This solicitation contains the estimated item requirements for customers in Southern Texas, located at Lackland AFB, Kelly AFB, Randolph AFB, Fort Sam Houston, and Houston:

Group I: Ice Cream items for customers in Texas area

B. The resulting contract will be Indefinite Quantity Contract (IQC) type that provides for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 16.504(a)).

C. The resultant award will be issued as an IDPO not to exceed one year or $150,000 aggregate value, whichever occurs first. Contract performance is expected to be from May 4, 2014 to May 2, 2015. Prices quoted shall remain valid and fixed for the entire period of performance of the contract.

D. Delivery – Items should be delivered on an as-needed basis, or an alternate delivery schedule as specified or mutually agreed and reduced to written modification. For example, orders should be placed on Monday for delivery on Wednesday.

II. PRICING

A. Offerors are required to submit a copy of their current Wholesale Price List, Catalog Price

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.

D. 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 (reference Clause DLAD 52.214-9008 “Rounding Off of Offer and Award Price”. In addition, the system requires that prices be fixed for a certain period of time.

III. SCHEDULE OF ITEMS

A. 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.

B. 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 in any Group.

C. 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.

D. 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.

Attachment SPE300-14-X-0013 Page 8 of 55

IV. ADDITIONAL CUSTOMERS

A. The Government reserves the right to add DoD and non-DoD customers from the same distribution area supported by the successful contractor, based on a mutual agreement upon implementation plan.

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

V. CONTRACTING AUTHORITY

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

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

VI. CUSTOMER SERVICE POLICY

The contractor(s) shall treat each of the customers covered under the contract(s) 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 this contract.

PLEASE NOTE THE FOLLOWING

Offeror is REQUIRED to complete ALL information requested on the following schedule of items pages. You MUST provide the following information for each and every item:

• Size of package your company is offering, if different from the specified package size stipulated in Schedule of Items

• Product Code

• Unit Price, which is the price per package (TWO decimal places only)

• Total price based on price per package times estimated quantity

FAILURE TO CORRECTLY AND COMPLETELY PROVIDE THE INFORMATION ABOVE COULD

LEAD TO YOUR COMPANY’S BID BEING CONSIDERED NON-RESPONSIVE AND WILL NOT BE

EVALUATED FOR AWARD. PROVIDING THIS INFORMATION IS NOT OPTIONAL, IT IS REQUIRED.

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: Grisel Velazquez, (215)737-2554 Grisel.Velazquez@dla.mil

Contracting Officer: Christina Miller, (215)737-7347 Christina.Miller@dla.mil mailto:Grisel.Velazquez@dla.mil mailto:Christina.Miller@dla.mil

Attachment SPM300-14-X-0013 Page 9 of 55

Schedule of Items – Group I: Ice Cream items Since many of ice cream items are branded and are specific to certain manufacturers and suppliers, the Government reserves the right to make common item market comparisons to those common items offered in response to the solicitation and to accept variations in weight and variations that do not substantially affect the nature of the items. When different size common ice cream items are offered, the Government will evaluate price on a cost per ounce basis. For price evaluation purposes, the Government will prorate offered price to the product size listed in the solicitation. For example, if the solicitation lists a "3 oz. ice cream cup with 18 to a package" and an offer is submitted for a "2 ½ oz. ice cream cup with 18 to a package" at $5.00 per unit, the evaluated price will be $6.00 per unit to compensate for the ½ oz.

Differential.

Item No. Supplies

Estimated Quantity Unit Unit Price Amount

1 ICE CREAM, VANILLA, FZN, MIN 10% MILK

FAT, 3 GAL CO

Product Code:_________________________ Wholesale Price: _______________________

CO

2 ICE CREAM, VANILLA, FZN, MIN 10% MILK

FAT, 3 OZ CO, 36/PG

345 PG $_______ $___________

3 ICE CREAM, STRAWBERRY, FZN, MIN 8%

MILK FAT, 3 OZ CO, 36/PG

109 PG $_______ $___________

4 ICE CREAM, CHOC, FZN, MIN 8% MILK

FAT, 3 OZ CO, 36/PG

770 PG $_______ $___________

5 SNICKERS, FZN, 3.33 OZ, 24/BX

2,440 BX $_______ $___________

6 KRUNCH BAR, FZN, 3.25 OZ, 36/BX

542 BX $_______ $___________

7 NEAPOLITAN SANDWICH, FZN, 3.75 OZ,

24/BX

138 BX $_______ $___________

8 ICE CREAM SANDWICH, FZN, W/ CHOC

WAFERS, 3.75 OZ, 24/BOX

1,035 BX $_______ $___________

Attachment SPM300-14-X-0013 Page 10 of 55

Item No. Supplies

Estimated Quantity Unit Unit Price Amount

9 COOKIES 'N CREAM SANDWICH, FZN, 3.75

OZ, 24/BX

688 BX $_______ $___________

10 ICE CREAM CONE, FZN, PREFORMED,

COOKIES N CREAM, 4 OZ, 24/PG

1,043 PG $_______ $___________

11 BANANA FUDGE BAR, FZN, 3 OZ, 36/BX

87 BX $_______ $___________

12 SHERBET, RAINBOW, FZN, 3 OZ CO, 36/PG

265 PG $_______ $___________

13 ICE CREAM NOVELTIES, FZN, FUDGE BAR

CONFECTION, 3 OZ, 36/PG

200 PG $_______ $___________

14 ICE CREAM NOVELTIES, FZN, DREAM

BAR, 3 OZ EA, 36/BOX

123 BX $_______ $___________

15 ICE CREAM NOVELTIES, (NUTZO),

VANILLA DIPPED IN CHOC W/NUTS,

CONE, 4 OZ EA, 24/CO

899 CO $_______ $___________

16 ICE CREAM NOVELTIES, FZN, SUNDAE,

COOKIES N CREAM, 3 OZ CO, 36/PG

12 PG $_______ $___________

ESTIMATED TOTAL: $______________

Attachment SPM300-14-X-0013 Page 11 of 55

GOVERNMENT QUALIFICATION:

“All items to be awarded will be awarded to one offeror.”

The government reserves the right to award a contract of less than all items within a group if deletion will be in the government’s best interest.

The government will accept piece sizes other than 3 fl.oz. for single-serve ice cream items, and will also accept sizes other than 3-gallon for all bulk ice cream items. Please indicate below if you are offering a different size from the listed sizes. If there are offers for items other than the listed sizes, then offers will be evaluated on a per unit basis, i.e., gallons and ounces. Please note that the customer must agree to accept size changes.

OFFEROR QUALIFICATION:

IS YOUR COMPANY EDI CAPABLE WITH DLA TROOP SUPPORT?

(Please circle a response) YES NO

Note: All troop issue customers are currently processing orders and receipts through EBS. If not EDI-capable, provide the following information for ordering, invoicing and payment purpose:

Point(s) of Contact for Ordering: _________________________________________________________

Phone Number: _______________________________________________________________________

Fax Number: _________________________________________________________________________

FOR PAYMENT QUESTIONS, PLEASE PROVIDE THE FOLLOWING INFORMATION:

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

Phone Number: _______________________________________________________________________

Email Address: _______________________________________________________________________

Fax Number: _________________________________________________________________________

Attachment SPE300-14-X-0013 Page 12 of 55

Ordering System

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

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

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

3. Initially, a copy of the STORES Orders will be transmitted via FAX from the customers listed in this solicitation to the successful awardee(s). 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.

4. 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)

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

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

7. 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 3-gallon 10% ice cream would be described as “ICE CREAM, VANILLA, FZN, MIN 10% MILK FAT, 3

GAL CO”

B. Order Placement

1. Customers shall place orders via STORES to accommodate order lead time stated on contract and orders shall generally be sent no later than 10:00 a.m.. However, a customer may decide to place an order with a longer lead-time for delivery except as noted on Section VI-A. Holidays.

2. The vendor should notify the customer, no later than 24 hours after order placement, of the non-availability of an item. If it appears that the vendor will not be able to fulfill the order in time to meet the required delivery date, the vendor shall advise the customer to zero-out the item in STORES and create a new purchase order for a replacement item.

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

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.

Attachment SPE300-14-X-0013 Page 13 of 55

Product Quality

A. 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:

1. Ice Cream must be delivered with a minimum 120 days shelf life remaining.

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

Contractor Quality Program

The contractor shall 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 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.

Attachment SPE300-14-X-0013 Page 14 of 55

Recall Procedures Requirements

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

(1) Immediately notify the following personnel:

a. Customers that have received the recall product

b. DLA Troop Support Contracting Officer

c. DLA Troop Support Account Manager

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

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

(a) Reason for recall

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

(c) Description of product

(d) Amount of product

(e) List of customers that have received product (f)` Name and phone number of responsible person (Recall Coordinator)

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

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

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

Food Defense/Force Protection DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. The offeror must ensure that products and/or packaging have not been tampered with or contaminated throughout the growing, storage, and delivery process. Contract awardee will ensure to complete security of all conveyances to any military installations. The offeror must immediately inform DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies.

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

Negotiations

For the subject acquisition, the Government reserves the right to conduct negotiations. Initial responses to negotiations shall be in a form of communication customary in the industry for transmitting information via e-mail.

Attachment SPE300-14-X-0013 Page 15 of 55

Non-Manufacturing / 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.

Packaging, Packing and Labeling

A. All packaging and packing 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 there under. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

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

Inspection and Acceptance

A. Contractor’s delivery vehicles will stop and report to the veterinary inspection points as designated for inspection of his 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 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 authorized inspector at each delivery point 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.

Rapid Gate

Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result in a vendor being turned away from the base and being

Attachment SPE300-14-X-0013 Page 16 of 55 unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com.”

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.

B. When product is found to be nonconforming or damaged, or otherwise suspect, the veterinary inspector shall notify the authorized food service officer.

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. TERMS OF INDEFINITE DELIVERY PURCAHSE ORDER

The duration of the Group I contract is expected to last from May 4, 2014 to May 2, 2015. The resultant award will be issued as an IDPO not to exceed one year or $150,000 aggregate value, whichever occurs first.

II. 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 unless otherwise authorized by the customer.

Attachment SPE300-14-X-0013 Page 17 of 55

III. 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 Sundays and Holidays, between the hours and location specified by the ordering officer (see Delivery Points /Schedule).

IV. DELIVERY VEHICLE REQUIREMENTS

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

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

Uniform Freight Classification Code.

C. Each delivery vehicle shall carry its own material handling equipment (MHE) as a loading dock may not be available at delivery time and/or delivery site.

V. NO SUBSTITUTIONS

If an item is not available, vendor is NOT to substitute an item without having a separate purchase order for the additional item. Customer MUST zero-out unavailable item(s) in STORES.

Customer will be directly responsible for payment of any items not appearing on a STORES purchase order.

VI. HOLIDAYS

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

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day

President’s Day Veteran’s Day Memorial Day Thanksgiving Day

Independence Day Christmas Day

NOTE: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday.

Attachment SPE300-14-X-0013 Page 18 of 55

B. Holidays celebrated by your firm other than those specified above must be listed below. Also specify your policy for celebrating holidays that fall on the weekend.

VII. EMERGENCY ORDERS

A. In order to adequately support emergency order, the vendor must have the ability to provide “same day service” to a customer that is experiencing an emergency situation.

B. The vendor shall provide, at maximum, two (2) emergency orders per month, per individual ordering activity or individual ship or vessel, at no additional cost to the Government.

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

VIII. AUTHORIZED RETURNS

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

1. Products shipped in error;

2. Products damaged in shipment;

3. Products with concealed or latent damage;

4. Products that are recalled;

5. Products that do not meet shelf life requirements;

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

7. Products delivered in unsanitary vehicles;

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

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

IX. SHORT SHIPMENTS/SHIPPING ERRORS

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

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

X. DELIVERY

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

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

C. A copy of coding system and tare weight of the items to be delivered is requested by consignee.

D. Prices cited on delivery tickets for stores sites will be the prices at the time of order and not the prices at time of delivery.

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

Attachment SPE300-14-X-0013 Page 19 of 55

Delivery Points for Group I – Ice Cream items

DoDAAC ACTIVITY DELIVERY TIME FREQUENCY

1. FT9070 Building 9110 - BMT No Later Than 09:30 Six (6) Deliveries per Week: Mon, Tue, Wed, Thur, Fri, Sat

1315 Truemper Street Lackland AFB, TX 78236-5552

2. FT9068 Building 9210 - BMT No Later Than 09:30 Six (6) Deliveries per Week: Mon, Tue, Wed, Thur, Fri, Sat

1215 Truemper Street Lackland AFB, TX 78236-5552

3. FT9076 Building 9310 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1115 Truemper Street Lackland AFB, TX 78236-5545

4. FT9067 Building 9410 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1015 Truemper Street Lackland AFB, TX 78236-5545

5. FT9072 Building 5570 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

2239 Walker Avenue Lackland AFB, TX 78236-5538

6. FT9074 Building 6275 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1720 Kirtland Street Lackland AFB, TX 78236-5523

7. FT9069 Building 10416 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1450 Metzger Street Lackland AFB, TX 78236

8. FT9075 Medina Inn Building 124 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1170 Eagle Drive Lackland AFB, TX 78236-5703

9. FT9077 Mesquite Inn Building 10175 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1225 Arnold Circle Lackland AFB, TX 78236-5555

10. FT9078 Live Oak Inn Building 10810 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1180 Femoyer Street Lackland AFB, TX 78236-5405

11. FT9079 Amigo Inn Building 7532 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

2215 Andrews Avenue Lackland AFB, TX 78236-5259

12. FT9071 Building 9085 - BMT No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

1550 Carswell Avenue Lackland AFB, TX 78236-5555

Attachment SPE300-14-X-0013 Page 20 of 55

13. FT9432 Child Development Center No Later Than 09:30 Two (2) Deliveries per Week: Mon, Thur

2310 Kenly Street

14. FT3047 59th Med Wing Wilford Hall Medical Center

05:30 ~ 07:30 Five (5) Deliveries per

Thur, Fri

2200 Bergquist Drive, Suite 1

15. FT9043 The Rodney Gott Building 2041 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

236 Kirk Newton Street Kelly AFB, TX 78243

16. FT9041 Flight Kitchen Bldg. 1650 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

250 Goodrich Drive Kelly AFB, TX 78226

17. FT9502 Randolph AFB Youth Program 08:00 ~ 10:00 Three (3) Deliveries per Week: Mon, Wed, Fri Bldg 585, Main Circle

Randolph AFB, TX 78150

18. FT9576 Child Development Program Annex - Bldg 734

08:00 ~ 10:00 Three (3) Deliveries per Week: Mon, Wed, Fri 415 B Street East

19. FT9047 Randolph AFB Airmen's Dining Facility, Bldg 860

08:00 ~ 10:00 Deliveries every two weeks: Mon, Wed, Fri 1985 First Street West

20. FT9170 The Defender Inn Building 5420 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

New Marne Road Camp Bullis, TX 78234-5066

21. FT9247 Medical Readiness Df 6361 No Later Than 09:30 Six (6) Deliveries per

Thur, Fri, Sat

23411 Marne Road Camp Bullis, TX 78256

22. DF0004 Camp Bullis Dining Facility 06:30 ~ 09:00 Five (5) Deliveries per

4661 Wilkerson Road, Bldg 5107 / 5106

Camp Bullis, TX 78254

23. W81NTE Brooke Army Medical Center 06:30 ~ 09:00 Five (5) Deliveries per

3851 Roger Brooke Drive Fort Sam Houston, TX 78234

24. FT6433 ANG 147FW Ellington Field 07:00 ~ 08:00 One (1) Delivery per

Month: Wednesday Bldg 1377, 14657 Sneider Street Houston, TX 77034-5586

Attachment SPE300-14-X-0013 Page 21 of 55

25. FT9603 School Age Program 06:30 ~ 09:00 Five (5) Deliveries per Week: Mon, Tue, Wed, Thur, Fri

Fort Sam Houston Bldg. 1705 DODD Blvd Fort Sam Houston, TX 78234

26. FT9604 Youth Program 06:30 ~ 09:00 Five (5) Deliveries per

Thur, Fri

1630 Watkins Blvd Fort Sam, TX 78234

27. FT9606 Middle School Program 06:30 ~ 09:00 Five (5) Deliveries per

Thur, Fri

2515 Founston Road Fort Sam, TX 78234

Attachment SPE300-14-X-0013 Page 22 of 55

Contract Administration Data

I. CONTRACTING AUTHORITY

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

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

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

II. INVOICING

A. Each delivery will be accompanied by the contractor’s delivery ticket/invoice. Three (3) copies

(an original plus two) shall accompany the shipment. The customer shall sign all copies of the invoices/delivery ticket, keep one (1) copy and return the ORIGINAL copy to the vendor. Any changes must be made on the face of the invoice.

B. All invoicing for payment is to be submitted electronically using the Market Ready EDI Invoicing website from the DLA TROOP SUPPORT Subsistence Home Page (https://www.dscp.dla.mil/subs/index.asp (see paragraph H) or via an 810 EDI transaction set (see page 4-5).

No paper invoices shall be submitted to DFAS for payment.

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

1. Contract Number;

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

3. Purchase Order Number;

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

5. DODAAC

6. Item Nomenclature;

7. LSN or NSN;

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

9. Clearly identified and annotated changes on all copies;

10. Total dollar value of each invoice (reflecting…