Attachment_1__Changes_to_Attachment_1_SOW__and_Attachement_2_Zone_1_Market_basket.docx

CHANGES TO ATTACHMENT 1 STATEMENT OF WORK (SOW) OF SOLICITATION SPE300-16-R-0003

1. Page 6 under Caution Notice of Attachment 1 Statement of Work (SOW) of Solicitation SPE300-16-R-0003 Insert the following:

Note to Offerors-The Internal Revenue Services issued its final regulations in Federal Register Vol 81, No. 160 on August 18, 2016 concerning section 301 of Public Law 111-347 (dated January 2, 2011), which added section 5000C to the Internal Revenue Code. The final regulations provide guidance on the applicability of Section 5000C(a) which imposes on any foreign person that receives a specified Federal procurement payment, a tax equal to 2 percent of the amount of such payment. The Defense Logistics Agency is working on implementation, and once that's complete collection will commence.

2. Page 10 under Caution Notice of Attachment 1 Statement of Work (SOW) of Solicitation SPE300-16-R-0003 Insert the following:

FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE - DLA TROOP SUPPORT MEDICAL AND SUBSISTENCE If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, and regulations there under, the Contractor shall, at the Government’s option, either reimburse the Government or repair/replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately when a firm decides to voluntarily recall or withdraw any product from the marketplace. Upon notification by the Contracting Officer that supplies acquired hereunder have been recalled, the Contractor shall either (a) accept certificates of destruction from the Government after the supplies have been properly disposed of, (b) request return of the supplies, or (c) if supplies may be repaired on site without transporting them from their location, furnish all materials necessary to effect repairs. Replacement or reimbursement will be accomplished by the Contractor immediately on receipt of Certificates of Destruction or returned supplies. The costs of replacement or repair of supplies, and transportation and handling costs for movement of returned, replaced or repaired supplies within the contiguous United States shall be paid by the Contractor. The provisions of this clause are applicable only when the value of the recalled supplies in the possession of the Government amounts to $100 or more. The rights and remedies of the Government provided in this clause are in addition to, and do not limit, any rights afforded to the Government by any other clause in the contract.

3. Page 10 under Caution Notice of Attachment 1 Statement of Work (SOW) of Solicitation SPE300-16-R-0003 Insert the following:

SOCIOECONOMIC PROPOSAL

Whether or not required to submit a subcontracting plan by the clause 52.219-9, all offerors shall:

(a) Provide a description of the efforts your company will make to assure that small, women-owned, historically underutilized business zone(s) (HUB Zone), veteran-owned, service-disabled veteran-owned small business (SDVOSB), and economically disadvantaged women-owned small business concerns, and historically black colleges/universities or minority institutions (HBCUs/MIs) will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by each of these categories. Include specific names of subcontractors to the extent they are known.

(b) Describe any future plans your company has for developing additional subcontracting opportunities for each of these categories during the contract period.

(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to each of these categories.

(d) Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of each of these categories during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such firms.

4. Page 10 under Caution Notice of Attachment 1 Statement of Work (SOW) of Solicitation SPE300-16-R-0003 Insert the following:

SAFETY OF LIFE AT SEA (SOLAS)

1. SOLAS requires that the Verified Gross Mass (VGM) of all loaded containers be provided to the ocean carrier and terminal representative before any container is lifted onboard a vessel. Additional information on these requirements is included in Military Surface Deployment and Distribution Command Customer Advisory CA-16-04/08-0035 dated April 8, 2016 found at https://www.sddc.army.mil/res/Pages/advisories.aspx.

2. When shipping containers booked through the Defense Transportation System (DTS), in order to comply with SOLAS requirements, the Subsistence Prime Vendor MUST ensure that the VGM of each container is provided to DLA Distribution, that the VGM of each container is certified, and that the tare weight of each container is also provided to DLA Distribution. This information shall be provided by the Subsistence Prime Vendor, or its representative, in a format approved by the DLA Distribution Transportation office.

The certified VGM of the container shall be determined by one of the following methods, unless otherwise authorized by the Contracting Officer, with all weighing being completed in accordance with the laws of the jurisdiction in which the weighing occurs:

Method No. 1: Weigh the packed container after loading is finished;

---or--- Method No.2: Weigh the individual packages/cargo, including the packing and securing material, then add the tare weight of the container.

3. When shipping containers booked through DTS, the VGM provided to DLA Distribution must be certified with the following statement:

“I hereby certify that this container was weighted IAW the International Convention for the Safety of Lives at Sea (SOLAS), Chapter VI, Part A, Regulation 2 - Cargo Information, and the gross weight is determined to be ________ lbs. Signed and certified: (electronic signature; pen and ink signature; or signature block in all capital letters).”

All forms of signature must be legible and made by a representative of the “shipper.” For the purposes of the certified VGM for any material shipped through DTS under this contract, the “shipper” is defined as the company at whose location the container is loaded and sealed. There may be instances where the party booking the container differs from the shipper; however, the shipper is still responsible for supplying and certifying the VGM data unless otherwise directed by the Contracting Officer or DLA Distribution. The Subsistence Prime Vendor will be responsible for ensuring that the shipper provides an accurate VGM and provides the appropriate certification. Failure to submit the VGM, the above certification statement, and/or a legible, valid form of signature may delay the container shipment. The Government will not be responsible for any delays or costs associated with the failure to provide the required VGM and certification. Consistent with the basic contract terms, any such costs, including demurrage or product loss, will be the Subsistence Prime Vendor’s responsibility.

Inclusion of the above certification on a packing list is generally the preferred method of submission; however, other forms of submission may be acceptable when approved or required by DLA Distribution and the Contracting Officer.

4. It is the Subsistence Prime Vendor’s responsibility to ensure all information and documentation submitted is accurate so that containers will not be delayed during transit. The Subsistence Prime Vendor is advised that a container missing the VGM certification may not be loaded onboard the vessel and may be denied entry to the port facility. Any discrepancies in the VGM could result in additional charges and/or cargo being frustrated within the transportation pipeline. The Subsistence Prime Vendor will be responsible for costs incurred for delays due to improper or erroneous documentation, including documentation related to SOLAS requirements. The U.S. Government is not responsible for any costs resulting from or related to delays associated with these SOLAS requirements or improper documentation.

5. Additionally, for Class I Subsistence shipments through DTS, the Subsistence Prime Vendor will be required to provide the DTS carrier with the VGM directly. The method for providing each carrier with the VGM may vary based on the carrier and the port. The Subsistence Prime Vendor shall request specific guidance on how this information is to be provided to the carriers from the DLA Distribution Transportation Office.

5. The Subsistence Prime Vendor is responsible for ensuring its continued compliance with transportation related laws and regulations applicable to performance under this contract. The Subsistence Prime Vendor should continue to coordinate with USTRANSCOM, Military Surface Deployment and Distribution Command, DLA Distribution, and DLA Troop Support to ensure its continued compliance with all DTS shipping requirements.

6. In Accordance to Attachment 1 Statement of Work (SOW) of solicitation SPE30016R0003: III: Contract Implementation Phase (page 17-21) Insert the Following: (on page 21):

3. Upon completion of the contract awarded, the new awardee for this solicitation, will be required to also comply with Contract Transition Out language referred to as RAMP DOWN:

A. CONTRACT TRANSITION OUT– RAMP DOWN

1. As part of this contract, the Prime Vendor will be required to participate in a contract ramp-down/transition out. DLA Troop Support anticipates that a follow-on contract will be awarded at least 6 months before the expiration of this contract to allow for a coordinated ramp-down of the existing Prime Vendor and ramp-up of the follow-on Prime Vendor. The Prime Vendor will be required to coordinate all aspects of its ramp-down with the Contracting Officer and provide a ramp-down schedule, if requested. During this ramp-down/transition out period, the Prime Vendor shall continue replenishment of all items to allow for sufficient stock on hand and in the pipeline to support the customer requirements at that time.

2. In the event that a follow-on contract is awarded to a firm other than the incumbent Prime Vendor, he Prime Vendor shall submit Total Asset Visibility Reports and/or other supply chain information on a weekly basis to the Contracting Officer, or in the frequency otherwise requested. The Prime Vendor consents to the disclosure of this information to the follow-on contractor. The Prime Vendor may be required to sell the OCONUS inventory to the new contractor at the conclusion of the performance period. The Prime Vendor will be responsible for disposing of its remaining residual stock that is not ultimately purchased by the follow-on contractor. The Prime Vendor is responsible for all costs associated with that residual product, including disposal costs (i.e. product price, distribution price, etc.).

3. DLA Troop Support anticipates that the Prime Vendor will remain the principal source of food and non-food supplies for the first several months of any follow-on contract’s implementation phase. During this period, the Prime Vendor shall maintain its contractually required fill-rate. Notwithstanding other provisions of solicitation, performance failure during the follow-on contract implementation phase, just as during other periods of performance, may result in termination for cause and/or the Prime Vendor receiving administrative admonishment via negative past performance ratings in the Contract Performance Assessment Reporting System (CPARS) record, and/or any other remedy available to the Government.

7. In Accordance to Attachment 1 Statement of Work (SOW) of solicitation SPE30016R0003 52.212-1 (c): Submission requirements Factor 1: (page 139)

GOCO Site visits under Zone 2 deadline for request of the Okinawa GOCO was October 27, 2016. This request is hereby closed. Offerors should take note that the GOCO identified within the SOW is the only facility available at this time.

8. In Accordance to Attachment 1 Statement of Work (SOW) of solicitation SPE30016R0003: V: H: 4: Flight Delays/ Cancellations: (page 51)

Delete the following:

In the event of flight delays and/or cancellations, the PV shall recover shipments from the tarmac. Direct coordination with AMC personnel at the tarmac is required to obtain new delivery date and time.

Insert the following:

In the event of flight delays and/or cancellations, the PV shall recover shipments from the tarmac and be responsible for all rework and/or replacement of product. Rework includes but is not limited to pick up and redeliver, inspection, resealing, dry ice replacement, removing old gel packs and replaced with new ones, re-labeling, redo all TCMD/ paperwork to reflect the new scheduled departure. Direct coordination with AMC personnel at the tarmac is required to obtain new delivery date and time.

9. In Accordance to Attachment 1 Statement of Work (SOW) of solicitation SPE30016R0003: XVI: H: Management Reports paragraph 9: Not-in-Stock (NIS) page 126.

Delete the following:

This report must list all not-in-stock products (in accordance with the definition of fill rate/not in stock) for a one-month period.

Insert the following:

This report must list all not-in-stock products (in accordance with the definition of fill rate/not in stock), the estimated get well date for each item for a one-week period, and lost sales due to NIS.

10. The following provides clarification to: Attachment 1 Statement of Work (SOW) of solicitation SPE30016R0003: FAR 52.212-1 page 150 notes iv and v.

· Note: iv. The MARKET BASKET tab lists each item along with demand data, measured in cases/pounds/each, for all tiers.

(Clarification: demand data represents the estimated future demand. Demand for similar items may have been consolidated.)

· Note: v: The CURRENTLY CATALOGED ITEMS tab lists the items that were cataloged for customer support as of April 2015. It includes the market basket items, but identifies other items that are most likely to be cataloged by the Prime Vendor post award. This tab is provided for informational purposes only.

(Clarification: Offers should note that the market basket items may contain the current customer requirements. Alternate acceptable items may/may not have been on the catalog dated April 2015 which was supplied for informational purposes only.)

CHANGES TO ATTACHMENT 2 ZONE 1 MARKET BASKET OF SOLICITATION SPE300-16-R-0003

Replace Attachment 2 Zone 1- Japan Singapore Diego Garcia and the Philippines Market Basket of solicitation SPE300-16-R-0003 with Attachment 2 of Amendment 0004 of solicitation SPE300-16-R-0003.

Attachment 2 of amendment 0004 reflects the stated changes below.

Changes to Market basket are as follows:

Tab 5 Core market Basket:

· Line item 21 LSN 890501E394055: Column AB Singapore/Diego Garcia Annul Qty has been changed from 314 to 4.

· Line item 22 LSN 896001E2906170: Column AB Singapore/Diego Garcia Annul Qty has been changed from 2,190 to 997.

· Line item 23 LSN 896001E199775: Column AB Singapore/Diego Garcia Annul Qty has been changed from 378 to 143.

Tab 6 All Market Basket:

· Line item 22 LSN 896001E2906170: Column AB Singapore/Diego Garcia Annul Qty has been changed from 2,190 to 3,187.

Tab 7 Currently cataloged Items:

Column C: Core Distribution categories and Column D: Navy Distribution categories have been updated. (specific items listed below)