SOW_SPE30016R0049.pdf

Attachment to Solicitation SPE300-16-R-0049

SOLICITATION NO. SPE300-16-R-0049 Page 2 of 60

Table of Contents Continuation of Blocks from SF 1449

1. Block 8

2. Block 9

3. Block 10

4. Block 17a

5. Block 17b

6. Blocks 19-22

Authorized Negotiators:

CAUTION NOTICE

Subsistence Total Order and Receipt Electronic System

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

CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

NOTICE TO OUR VALUED SUPPLIERS

STATEMENT OF WORK

Supplies or Services and Prices

Schedule of Items

Ordering System

Order Placement

Purchase Orders

Product Quality

Contractor Quality Program

Warehousing and Sanitation Program/Stored Product Pest Management

Contractor Quality Audits

Recall Procedures Requirements

Non-Compete Provision

Food Defense/Force Protection

Packaging, Packing and Labeling

Inspection and Acceptance

Rapid Gate

Warranties

Rejection Procedures

SOLICITATION NO. SPE300-16-R-0049 Page 3 of 60

Deliveries and Performance

TERMS OF INDEFINITE QUANTITY CONTRACT

DELIVERY INSTRUCTIONS

DELIVERY VEHICLE REQUIREMENTS

NO SUBSTITUTIONS

HOLIDAYS

EMERGENCY ORDERS

AUTHORIZED RETURNS

SHORT SHIPMENTS/SHIPPING ERRORS

DELIVERY

ECONOMIC PRICE ADJUSTMENT

Schedule of Deliveries

Contract Administration Data

CONTRACTING AUTHORITY

INVOICING

PAYMENTS

ADMINISTRATION

Contract Clauses

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016)

Addendum to 52.212-4:

FAR 52.216-2 -- Economic Price Adjustment -- Standard Supplies (Jan 1997)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE - DLA TROOP SUPPORT MEDICAL

AND SUBSISTENCE

Additional Clauses

Solicitation Provisions

Addendum to 52.212-1:

Addendum to 52.212-2:

52.212-3 -- Offeror Representations and Certifications -- Commercial Items

SOLICITATION NO. SPE300-16-R-0049 Page 4 of 60

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: September 15, 2016/ October 18, 2016 at 3:00 P.M. Eastern Time (Standard or Daylight, as applicable)

2. Block 9

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 and Submit “mailed” offers to:

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

Solicitation Number: SPE300-16-R-0049 Opening/Closing Date and Time: September 15, 2016/ October 18, 2016 at 3:00 P.M. ET

Address and Deliver “hand-carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation Number: SPE300-16-R-0049 Opening/Closing Date and Time: September 15, 2016/ October 18, 2016 at 3:00 P.M. ET

Notes about Hand-Carried Offers:

• All hand-carried offers are to be delivered to the Bid Room between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays, as set forth in 5 U.S.C. § 6103, and except on the closing date of this solicitation, in which case delivery must be made by the time set for receipt of offers as stated in block 8 of the Standard Form 1449.

• Offerors using a commercial carrier service must ensure that the carrier service “hand-carries” the package to the Bid Room specified above for hand-carried offers prior to the solicitation’s scheduled closing time. Package 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 as indicated in Block 8 of the Standard Form 1449.

• Examples of “hand-carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

• Offerors intending to deliver offers in-person should be advised that the Business Opportunities Office ("Bid Room") is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from 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. Upon arrival at the security checkpoint, please contact the Bid Room to secure an escort. Be aware that it is the offeror's sole responsibility to ensure that

SOLICITATION NO. SPE300-16-R-0049 Page 5 of 60 its offer is received at the correct location by the correct date and 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 an offeror (or offeror's representative) arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS MERELY A

SUGGESTION AND NOT A GUARANTEE THAT AN OFFEROR (OR OFFEROR'S

REPRESENTATIVE) WILL GAIN ACCESS TO THE BASE IF HE/SHE ARRIVES ONE HOUR

BEFORE THE CLOSING DATE/TIME.

Transmit “facsimile” offers, if authorized (see Addendum to 52.212-1(b)), to:

(215) 737-9300, (215) 737-9301, (215) 737-9302 or (215) 737-9303

Notes about Faxed Offers:

• The fax numbers listed above are THE ONLY ACCEPTABLE fax numbers for this solicitation.

Offers submitted to any other fax number shall not be considered for award.

• If faxing an offer, ALL pages of the offer MUST be received by the closing date and time. No

Exceptions.

• If faxing an offer, an offeror still may submit, via mail or hand-carried delivery (as described above), a copy of the Schedule of Items spreadsheet saved to a compact disc (CD) in Microsoft Excel format.

IMPORTANT NOTES:

Electronic mail (e-mail) is not an acceptable form of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. However, as directed by the Contracting Officer, e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revisions, including final proposal revisions.

In addition to submitting a hardcopy of an initial proposal through an authorized method (as described above), each offeror may submit, via mail or hand-carried delivery (as described above), a copy of the Schedule of Items spreadsheet saved to a compact disc (CD) in Microsoft Excel format.

3. Block 10

NAICS: 311511

Size Standard: 1000 Employees

4. Block 17a

› Offeror’s assigned Data Universal Numbering System (DUNS) Number:

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:

› Fax Number(s):

› Email Address:

• (If you do not have a DUNS number, 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 Dun and Bradstreet.)

5. Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

SOLICITATION NO. SPE300-16-R-0049 Page 6 of 60

6. Blocks 19-22

See Schedule of Items 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 numbers, and emails for each authorized negotiator.

CAUTION NOTICE

This procurement is being solicited under the Federal Acquisition Regulations (“FAR”). Therefore, the Government will utilize simplified procedures for soliciting competition, evaluating offers, and awarding the contract(s). This procurement is being solicited on an unrestricted basis with Hubzone evaluation preference. This solicitation is designed to place Market Ready Fresh Milk and Dairy items, all fully competitive, on contract(s) for various Department of Defense (“DoD”) customers in Georgia.

The resultant contract(s) will be a fixed-price, indefinite quantity contract(s) (IQC), which provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period with deliveries to be scheduled by placing orders with the contractor. The IQC(s) will be a fixed-price contract(s) with economic price adjustment (EPA) for Class I fluid milk items and a firm-fixed-price contract(s) for all other items for the entire term of the contract. The contract period is expected to be from November 27, 2016 through November 23, 2019, which will include two pricing tiers. Tier 1 will be from November 27, 2016 - November 24, 2018. Tier 2 will be November 25, 2018 - November 23, 2019.

This solicitation contains the estimated milk and dairy requirements for customers in Georgia. The solicitation contains these groups:

Group I: Moody AFB, GA Group II: Ft. Gordon/Robins AFB, GA

Group III: Fort Benning, GA APPLICABLE SOURCE RESTRICTION: The Berry Amendment, contained in Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.225-7012 and included in the instant solicitation, is applicable. This regulation mandates that all food items, including milk and dairy items, provided under the instant solicitation and resulting contract be produced and manufactured in the United States.

IMPORTANT: The Government intends to make award(s), based on initial offers, to the responsible offeror(s) that conform(s) to the solicitation requirements and offer(s) the lowest aggregate price. 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

SOLICITATION NO. SPE300-16-R-0049 Page 7 of 60 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.

Subsistence Total Order and Receipt Electronic System The automated Subsistence Total Order and Receipt Electronic System (STORES) will be used to the maximum extent practical on the resultant contract(s) 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, either by EDI or through STORES. 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 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 above methods must be used as paper invoices are no longer a viable option.

A sample STORES order is illustrated below 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.

http://www.stores.dla.mil/stores_web/default.aspx http://www.stores.dla.mil/stores_web/default.aspx

SOLICITATION NO. SPE300-16-R-0049 Page 8 of 60

1. Contract Number - e.g. SPM300-09-D-V500 (on attached sample). This number will remain constant throughout the life of the contract.

2. Call Number - e.g. 0006 (Lap ID number of the purchase order). This number will change with every order.

3. Lead Contract Line Item Number (CLIN) - e.g. 19 (This is the item number on the purchase order). This number will change with every order.

4. Purchase Order Number - e.g. W81YMG13060865. This number will change with every order.

5. Required Delivery Date (RDD) - e.g. 5/3/12. 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

Purchase Order Number: FT123490912211 Contract Number: SPM30009DV500

Vendor: VENDOR NAME Call Number: 408Y

Ordering Point: FT1234 Ship To DoDAAC: FT1234

RDD: 4/3/2009

Receipt Date:

Source of Receipt: Manual

Include? CLIN Document Number

Stock Number FIC Description U/M PRF DSCP 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

FT123490913205

891001E113402 CHEESE, COTTAGE, CHL,

CREAMED, LARGE OR SMALL

CURD, 5 LB CO

CO

$8.58

$68.64

25140

FT123490913206

891001E111798 YOGURT, LOW FAT, CHERRY

VANILLA, CHL, BLENDED, 6 OZ

$0.46

$5.52

28534

59 FT123490913207 891001E111775 YOGURT, LOW FAT, RASPBERRY,

CHL, BLENDED, 6 OZ CO CO 1 CO $0.46 12 $5.52

28524

FT123490913208

891001E116790 YOGURT, LOW FAT,

STRAWBERRY/BANANA CHL,

BLENDED

CS

$0.46

$5.52

28526

Total: $115.89

SOLICITATION NO. SPE300-16-R-0049 Page 9 of 60

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.

Each offeror is required to submit the following with its proposal:

1. A copy of current Wholesale Price List

2. Each third party warehouse audit

3. Sign and Return any/all amendments

4. Return one (1) complete copy of the solicitation

Each offeror should also:

1. Review the Addenda noted via FAR 52.212-1 (Instructions to Offerors – Commercial Items), FAR 52.212-2 (Evaluation – Commercial Items), and FAR 52.212-4 (Contract Terms and Conditions – Commercial Items)

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

3. Complete all Supplies/Prices “Schedule” sheets (Offered Prices) and Qualifications

4. Complete the CAGE Code and DUNS

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

• The requirements for FAR 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."

• Complete fill-ins at: DFARS 252.209-7991

• Complete fill-ins at: DFARS 252.209-7998 and DFARS 252.209-7999

NOTE: The above list of proposal submission requirements is for convenience purposes only. This list is not intended to be all-inclusive. Offerors are responsible for carefully reviewing the entire solicitation to ensure they submit all information required by the solicitation.

SOLICITATION NO. SPE300-16-R-0049 Page 10 of 60

STATEMENT OF WORK

Supplies or Services and Prices

I. INTRODUCTION

A. The Defense Logistics Agency (“Agency” or “DLA Troop Support”) intends to support the needs of its customers by entering into one (1) Indefinite Quantity Contract (“IQC”) per group to supply fresh Milk and Dairy Items to the customers stated below:

Group I: Moody AFB, USMC Logistics Base Group II : Ft. Gordon/Robins AFB, GA Group III : Fort Benning, GA B. The resultant contract will be a fixed- price, indefinite quantity contract (IQC), which provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period with deliveries to be scheduled by placing orders with the contractor, (FAR 16.504(a)). The IQC will be a fixed-price contract with economic price adjustment (EPA) for Class I fluid milk items and a firm-fixed-price contract for all other items for the entire term of the contract.

C. The contract will be for a thirty-six (36) month period. The contract period is expected to be from November 27, 2016 through November 23, 2019, which will include two pricing tiers. Tier 1 will be from November 27, 2016 - November 24, 2018. Tier 2 will be November 25, 2018 - November 23, 2019. The prices offered for Tier 2 may be different than the prices offered for Tier 1. However, prices will be firm-fixed and, thus, not subject to change during a tier period, except for the prices of Class I fluid milk items, which are subject to the EPA terms and conditions contained in this solicitation. Contract deliveries may fall outside of the tier effective periods (i.e. an order placed during Tier 1 may be delivered during Tier 2). Prices will be based on the time an order is placed, not when an order is delivered. For example, if an order is placed during Tier 1, but delivery is made during Tier 2, then the prices in effect for that order will be the Tier 1 prices. Also, for example, if an order for Class I fluid milk items is placed before a price adjustment (in accordance with the EPA terms and conditions), but delivery is made after a price adjustment, then the prices in effect for that order will be the prices before the price adjustment.

D. Delivery – Items shall be routinely delivered in accordance with the offeror’s stated lead time and the customers’ delivery schedules. The current delivery schedule for each location is set forth under the Schedule of Deliveries section. Offerors shall indicate their agreement with the current schedule or may 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.

E. The Government will utilize lowest price, technically acceptable procedures to award the resulting contract(s) under this solicitation. (See Addendum to FAR 52.212-2 for more details). During its price evaluation, the Agency reserves the right to remove any items from the Schedule of Items for a Group in the event that one or more offerors fail to bid on all of the items in the Schedule therefore resulting in a lack of consistency between proposals. In this situation, the Contracting Officer will complete his/her price evaluation by reviewing and comparing only common items bid on by all offerors. Said items removed for evaluation purposes may still be awarded in the final contract(s) so long as the Contracting Officer deems the offered price(s) fair and reasonable following an appropriate analysis.

II. GUARANTEED MINIMUM/MAXIMUM

A. Each resulting contract per Group will include a guaranteed minimum order obligation of 25% of that contract’s awarded estimated dollar value.

B. Each resulting contract per Group will include a maximum ordering ceiling of 250% of that contract’s awarded estimated dollar value.

SOLICITATION NO. SPE300-16-R-0049 Page 11 of 60

III. 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 only.

D. In order to accommodate the Government’s ordering system, called the Subsistence Total Order and Receipt Electronic System (“STORES”), unit prices are limited to a maximum of two (2) places to the right of the decimal point. Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower must be rounded down to $2.21. In addition, the system requires that prices be fixed for a certain period of time as specified in the solicitation.

E. Prices for the resultant three-year contract period will be fixed with EPA for Class I fluid milk items (Clause 52.216-9032) and firm-fixed for all other items for the entire term of the contract.

F. All prices are the current price when the customer places the order.

G. Price Audits

1. The Government reserves the right to conduct price audits to verify price accuracy and recoup overcharges. In such instances, contractors will be required to provide any and all supporting price documentation requested by the contracting officer.

2. The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention.

IV. 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. If a customer desires to order a milk or dairy item not listed on the resultant contract, 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.

C. 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.

D. Additional items may be added or removed from the contract; however, any items that are added may not increase the value of the contract maximum of 250% of the contract’s awarded estimated dollar value.

V. ADDITIONAL CUSTOMERS

A. The Government reserves the right to add DoD and non-DoD customers located in the same distribution area covered by the resulting contract(s) or located in an adjacent distribution area, based on a mutually agreed upon implementation plan followed by formal modification of the contract.

B. The increase in the new business will not change the contract maximum of 250% of the contract’s awarded estimated dollar value.

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

D. The Government reserves the right to unilaterally remove DoD and non-DoD customers from the resultant contract(s) by way of formal modification.

SOLICITATION NO. SPE300-16-R-0049 Page 12 of 60

VI. CUSTOMER SERVICE POLICY

Each awardee shall treat those customers covered under any resultant 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 the resultant contract(s).

VII. NEGOTIATIONS

For the subject acquisition, the Government intends to evaluate offers and award a 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. Electronic mail (e-mail) is not an acceptable form of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. However, as directed by the Contracting Officer, e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revisions, including final proposal revisions.

VIII. 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 approach 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

SOLICITATION NO. SPE300-16-R-0049 Page 13 of 60

PLEASE NOTE THE FOLLOWING

Offeror is REQUIRED to complete ALL information requested on the following schedule of items pages. Each group will be awarded separately and independently. If you are offering on a group, 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 the

Schedule of Items

• Product code

• Unit price (rounded to two places to the right of the decimal point)

• Total price based on unit price multiplied by the estimated quantity

• All offerors are required to submit their current Wholesale Price List with their offer

Failure to correctly and completely provide the information above could lead to your company’s proposal being

CONSIDERED TECHNICALLY UNACCEPTABLE AND, THEREFORE, NOT EVALUATED FURTHER FOR

PURPOSES OF THE AWARD. Providing this information is NOT OPTIONAL, IT IS REQUIRED.

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

Contract Specialist:

Kevin Buckman (215) 737-4220 Kevin.Buckman@dla.mil

Contracting Officer:

Michelle Moore (215) 737-3659 Michelle.J.Moore@dla.mil mailto:Kevin.Buckman@dla.mil mailto:Kevin.Buckman@dla.mil mailto:Michelle.J.Moore@dla.mil mailto:Michelle.J.Moore@dla.mil

SOLICITATION NO. SPE300-16-R-0049 Page 14 of 60

Schedule of Items

Attached to this solicitation is the Schedule of Items (“SOI”) Excel spreadsheet to submit requested information. Please make sure to read these instructions to fill out the SOI spreadsheet correctly.

1. SOI has one tab for each group included in this solicitation. For example, Group I SOI is associated with Group I customers under the schedule of deliveries section. Complete information requested for each group you want to offer.

2. The Government has provided you with the customers’ requirements and auto calculations as follows:

Column Name Column Description Item A Item Number Stock Number

(LSN)

B Government Identified Stock Number for each item

Item Name/Description

C 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.”.

Unit Size E This column describes the unit size required per line item. The prices offered will be Prices per Unit.

Estimate Annual Quantity per Unit

F, I This column represents the estimated number of units to be ordered annually.

Total Price per Unit H, K This column auto calculates the Total Price per Unit as follow:

Tier 1 = (Price per Unit*Estimate Quantity)*2 = Total Price per Unit Tier 2 = Price per Unit*Estimate Quantity = Total Price per Unit

Aggregate Price L This column auto calculates the Aggregate Price as follow:

Total Price per unit for Tier 1 + Total Price per unit for Tier 2

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

Column Name Column Description Product Code D Company Product Code.

Price per Unit G, J Offerors should submit prices Per Unit and the spreadsheet includes an auto calculation to use the Unit Price provided and multiply by the Annual Usage for each Tier.

EPA Exception (Column J): Price entered will only be for Tier 1 (Column G). Price will change monthly based on EPA updates.

Delivery Lead Time in Hours

M Time from vendor receipts the order to customer order is delivered.

For example, 24 hours, 48 hours, etc.

Remarks N Write any comment you have for that specific item, such as: different flavor or size, no bid on this item, difference in the item name/description, package size if not otherwise indicated, etc.

Wholesale Price O Price for item that is offered to the Public Available Flavors C, D In cells C23 – C47 and D23 – D47, please provide yogurt flavors available and the corresponding product code for that flavor.

4. In addition to submitting a hardcopy of an initial proposal through an authorized method (as described above), each offeror may submit, via mail or hand-carried delivery (as described above), a copy of the Schedule of Items spreadsheet saved to a compact disc (CD) in Microsoft Excel format.

SOLICITATION NO. SPE300-16-R-0049 Page 15 of 60

Group I (milk): Moody AFB, GA

GOVERNMENT QUALIFICATIONS:

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

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.

GOVERNMENT QUALIFICATIONS: THE GOVERNMENT WILL ACCEPT SIZES OTHER THAN 5 GALLON

FOR ALL BULK MILK/JUICE ITEMS. 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.

PLEASE NOTE: THE CUSTOMER MUST AGREE TO ACCEPT SIZE CHANGES.

OFFEROR QUALIFICATION:

INDICATE YOUR REGULARLY SCHEDULED NON-DELIVERY DAYS:

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

EDI/GS ID Code (if applicable):

Note: All Troop Support customers are currently processing orders and receipts through EBS. Provide the following information for ordering, invoicing and payment purpose:

Point(s) of Contact for ORDERING:

Phone Number:

Email & Fax Number:

Point(s) of Contact for INVOICING & PAYMENT:

Email & Fax Number:

SOLICITATION NO. SPE300-16-R-0049 Page 16 of 60

Group II: Ft. Gordon/Robins AFB, GA

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

(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

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

Note: All Troop Support customers are currently processing orders and receipts through EBS. Provide the following

Email & Fax Number:

Point(s) of Contact for INVOICING & PAYMENT:

SOLICITATION NO. SPE300-16-R-0049 Page 17 of 60

Group III: Ft. Benning, GA

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

(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

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

Note: All Troop Support customers are currently processing orders and receipts through EBS. Provide the following

Email & Fax Number:

Point(s) of Contact for INVOICING & PAYMENT:

SOLICITATION NO. SPE300-16-R-0049 Page 18 of 60

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

A. 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 Electronic Data Interchange (“EDI”) format. In addition, this information is transmitted to DLA TROOP SUPPORT for the purposes of contractor payment and customer billing.

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

C. 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.

D. 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)

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

F. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard rounding methods must be observed. For example, a price of $4.574 or lower must be rounded down to $4.57 and a price of $4.575 or higher must be rounded up to $4.58.

G. 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.”

Order Placement A. Customers shall place orders via STORES to accommodate order lead time stated on contract. Lead time is the time when the vendor receives the order until the time the vendor delivers the order. Orders shall generally be sent by the customer no later than 10:00 a.m. to allow the vendor to receive order the same business day.

However, a customer may decide to place an order with a longer lead-time for delivery, except as noted under the – “Holidays” subsection under the “Deliveries and Performance” section 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 via phone or email. 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 that is on the contract or advise the customer of its Not-in-Stock position. Under these circumstances, the customer may zero-out the item in STORES and create a new purchase order for a replacement item.

C. There shall be no line-item, Local Stock Number (“LSN”) additions to existing STORES orders. Requirements for additional LSN's to prior and/or 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.

SOLICITATION NO. SPE300-16-R-0049 Page 19 of 60

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. 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 days shelf life remaining.

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

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

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

6. 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 assurance 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; and

• 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.

Each offeror is required to submit a copy of each third party warehouse audit (i.e., Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers or other state or federal sanitation inspection certificates) in response to this solicitation.

During contract performance, the vendor shall comply with any findings or corrective actions noted on all of 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 state, county, and federal milk regulations, failure to apply corrective

SOLICITATION NO. SPE300-16-R-0049 Page 20 of 60 action to audit findings, or not maintaining its pasteurization plant compliance at a rate of least 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers,” may result in termination of the contract at the vendor’s expense. In the event the vendor is subcontracting milk and dairy products, the vendor shall be responsible for replacing any noncomplying subcontractor with an approved subcontracting source or risk termination of the contract.

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 In the event that a product recall is initiated by the U.S. Department of Agriculture (“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 upon receiving the award, it will not actively promote, engage, or market any of the customers on this acquisition away from the resultant DLA Troop Support contract and onto a milk and dairy subsistence contract of any other Government agency or commercial entity. This prohibition is in effect during the life of the resultant contract(s) and restricts competition in the specific area or zone that is the subject of this acquisition. A violation of this term may result in the Contracting Officer not exercising any applicable option terms, documenting this action as part of the awardee’s past performance data, and taking other appropriate recourse as permitted by law.

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

SOLICITATION NO. SPE300-16-R-0049 Page 21 of 60

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 awardee(s) must ensure that products and/or packaging have not been tampered with or contaminated throughout the growing or production, storage, and delivery processes. Contract awardee(s) will ensure to complete security of all conveyances to any military installations. The awardee(s) 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 awardee(s) should be aware of the vital role they play in supporting our customers. It is incumbent upon the awardee(s) to take all necessary actions to secure product delivered to all military customers, as well as any applicable commercial destinations.

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 adequately protected during inclement weather.

Inspection and Acceptance A. 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.

B. All deliveries are subject to military veterinary inspection. Contractor’s delivery vehicles will stop and report to the veterinary inspection points as designated for inspection of its products before proceeding to any other designated delivery point.