SPE300-17-X-0022_-_MEXICO_SOW_FINAL.pdf

CAUTION NOTICE

This solicitation is being issued as Request for Proposal (RFP) which will result in an Indefinite

Delivery Purchase Order Agreement (IDPO). The maximum dollar value of this IDPO is

$500,000.00 and is a Fixed Price with Economic Price Adjustment (60% EPA threshold) for a period of 12 months (365 days).

*Attachments are incorporated as part of the document.

Please see attached Schedule of items. Offerors must propose unit prices and total prices for all items contained in the attached schedule of items.

NOTE: Please be sure to save all attachments to your computer when downloaded. The attachments will not be able to be downloaded from the DIBBS website when the solicitation closes.

This acquisition is being processed under the authority of FAR 13.5, "Test Program for Certain

Commercial Items" and therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1.

The Government will make an award, as a result of this solicitation, to the responsible offeror, offering the lowest price, whose offer conforms to all of the terms and conditions set forth in this solicitation.

Please acknowledge all parts of DLAD clause 52.213-9012 IDPO Agreement with vendor remarks section of electronic quote or by printing out the clause, filling it in and emailing it to the buyer. Failure to acknowledge Clause 52.213-9012 in its entirety will remove a quote from consideration for award.

This will be a commercial paperless ordering system type award. Delivery orders will be placed against it at the current catalog price. The awardee will be required to have a computer system capable of accepting delivery orders and processing Electronic Data Interchange (EDI) transactions. This contract will require the contractor to have electronic commerce/electric data interchange EC/EDI capabilities.

All contractors who choose to conduct business with the Department of Defense must now be registered in the System for Award Management Database (www.sam.gov). In addition, we encourage all vendors who receive contract awards as a result of this solicitation to access the

“Dynamic Small Business Search” feature of the SBA to identify potential suppliers and teaming partners for this initiative. You may go to the Small Business website at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm and click on the “Dynamic Small Business Search” button. When making your procurement decisions we encourage your consideration of local business as a means to nurture small business and local economies.

All contractors who receive awards as a result of this initiative are encouraged to utilize the SBA

SUBNet database to assist them in further identifying additional small business sources of supply. Vendors may post notices of sources sought for teaming partners and subcontractors on future contracts. Small business can review this web site to identify opportunities in their area of expertise. You may access the SBA PRONet database through the SBA Website at:

http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm www.sba.gov.

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.

STATEMENT OF WORK

INTRODUCTION

This solicitation involves support of customers in Ensenada, Cabo San Lucas, Puerto

Vallarta, Manzanillo, Mazatlan & La Pax; Mexico. DLA Troop Support intends to enter into a Firm Fixed Price Indefinite Delivery Purchase Order with economic price adjustments to supply various FF&V items. Pricing will be FOB destination. Inspection and acceptance will be at destination.

The vendor will be required to support all authorized DLA customers, located in Ensenada, Cabo San Lucas, Puerto Vallarta, Manzanillo, Mazatlan & La Pax; Mexico. Other customers, including non-Department of Defense (DOD) customers may also be added as required over the life of any resultant contract. These customers include military or other federally funded customers. Though the solicitation describes existing customers known to the

Contracting Officer at the time of the solicitation’s issuance, other customers, including military, DOD, or non-DOD, may be added as necessary during the life of any resultant contract. The addition of said customers located within the solicitation’s specified region will be at no additional cost to the Government.

The Government intends to make one award. The contract shall be for a term of 1 year. The price for all aspects of performance detailed in the Statement of Work (“SOW”) below, must be included in the offeror’s fixed Distribution Price(s). Without exception, Distribution price shall http://www.sba.gov/ encompass all costs related to delivering the product to the customer; including but not limited to, all transportation (distributor to consolidator & consolidator to customer), broker and dealer costs and fees, etc… No additional charges other than Distribution Price will be levied on top of

Product Price. Offeror’s are reminded that fixed price type contracts place the maximum risk and responsibility for all costs, and resulting profit or loss, on the contractor.

Distribution Price(s) will remain fixed for the life of the contract and an offeror’s failure to consider the full cost of performance and/or the risks of performing in this region will not serve as a basis to adjust Distribution Price(s). Product Price(s) are distinct from the aforementioned

Distribution Price(s) and therefore should not be included in any way in the latter.

EFFECTIVE PERIOD OF CONTRACT

This is an Indefinite Delivery Purchase Order (IDPO). The anticipated performance period will be for 12 months (365 days).

Notice: The maximum dollar value of this IDPO is $500,000.00.

Offerors are required to offer on all items in the Schedule of Items for a Group, failure to do so may result in exclusion from award consideration.

This solicitation is unrestricted. It utilizes the Lowest Price Technically Acceptable (LPTA)

Source Selection Process (SSP).

Any award made against this solicitation will result in an Indefinite Delivery Purchase Order

(IDPO) An IDPO will provide for an indefinite delivery, 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 (reference DLAD 13.390)

ORDERING CATALOGS

Offerors will be required to maintain electronic catalogs that list all items available to the customers covered under this solicitation. Each item in the catalog shall contain the corresponding national or local stock number, Government item description, packaging characteristics, unit of issue and unit price.

ORDER PLACEMENT /DELIVERY REQUIREMENTS

Customers shall place their orders to accommodate a “skip day” delivery. For example, an order placed on June 1st would have a required delivery date of June 3rd. Orders may be placed with a longer lead-time; however, the minimum lead-time is “skip-day”. Customers will be required to adhere to the specified cut-off time to place an order for skip day deliveries which will be negotiated and become part of the contract, upon award. For orders where less than the normal

48-hour order lead-time is provided to the vendor, every effort will be made to provide such notification to the customer of non-availability of an item prior to the arrival of the delivery.

Due to mission requirements, scheduled deliveries might change with little or no notice. In some instances, the vendor might be required to hold the order 2-3 days past the RDD before delivering it, at no additional cost to the Government.

The vendor’s customer service representative (CSR) will have to coordinate the deliveries with a

Government representative. The Government POC will be provided after award.

DELIVERY TIME

To be mutually coordinated between the vendor and the customers. Delivery schedules and times will be defined after contract award. Generally, DLA anticipates delivery windows between 5:00 a.m. and 12:00 p.m. However, due to unscheduled ship movement, the Prime

Vendor must be prepared to be able to deliver outside the normal time frames as needed. Due to the high security posture in the area(s) involved under this solicitation, the Prime Vendor may be required to arrive several hours prior to the actual delivery time in order to clear security. Unless properly coordinated with respective military security, it should be noted that changes in delivery vehicles or drivers, and delivery times, during the contract period could cause major delays accessing the ships. This is for informational purposes only.

The Prime Vendor is responsible for meeting all delivery schedule times and must conform to all base/pier security procedures. Security posture in the area is subject to change. All other security orders that are issued by the United States Government, or its personnel, must also be adhered to.

All drivers will be responsible to carry proper company picture identification and cell phones, used registered/pre cleared vehicles, and provide the customers with 24 hour notice of anticipated deliveries, for security reasons, in addition to observing any other security measures required by host nation security.

NEW ITEMS

Prior to commencement of the first order, DLA Troop Support, the customer and the vendor will collaborate to identify items not found in the Schedule of Items which are to be added to the ordering catalog. Neither the vendor nor customer is permitted to add a new item to the catalog without initiating a new item request, Attachment form, to the Contracting Officer. If a customer desires to order an FF&V item that is not part of the ordering catalog the contractor should forward the request to the contracting officer via the Item Request form. The form is mandatory.

The item may be added to the customers catalog upon contracting officer’s approval.

The successful awardee shall assume the responsibility of introducing new FF&V items to the customers, as well as showing cost effective alternatives to their current choices.

CATALOG PRICING

Schedule of Items Pricing: Items priced in the Schedule of Items (See Attachment) will be included in the ordering catalog following award. Schedule of Items will be determined fair and reasonable prior to award.

Updates to the product price: All notices and requests for new item product prices and price changes shall be submitted weekly, no later than 9:00 AM local Philadelphia, Pennsylvania, United States (U.S.) time the Monday prior to inclusion of the Wednesday catalog updates, to be effective in the next ordering catalog prices.

All price changes, and catalog contract prices, are subject to review by the Government. The

Contracting Officer may at any time require the submission of supporting data to substantiate any requested price change or the requested continuation of the pre-existing price for any item, including prices applicable to prior ordering months. Upon notice from the Contracting Officer that supporting data is required, the Contractor shall promptly furnish to the Government all supporting data, including but not limited to, invoices, quotes, price lists, and any other substantiating information requested by the Contracting Officer.

Should the Contracting Officer determine that, or question whether, a price change request contained an erroneous unit price or price change, or cannot otherwise determine the changed price(s) to be fair and reasonable, such as when the changed price(s) is (are) higher than lower product prices for items of comparable quality which are reasonably available to the Government or Contractor from other sources, the Contracting Officer will so advise the Contractor, prior to close of business local Philadelphia, Pennsylvania, U.S. time on the Friday immediately following the Monday. If the Contracting Officer cannot determine a price fair and reasonable, and the Contracting Officer and the Contractor cannot negotiate a fair and reasonable price, the

Contracting Officer may reject any price change and direct in writing that the item in question be removed from the Contractor’s ordering catalog, without Government liability. The Contracting

Officer may subsequently remove any such item from the ordering catalog if the Contractor fails to remove it. The Government has the right to procure such removed items from any alternate source of supply, and the failure of the Contractor to supply such item will be considered a negative instance of performance.

In the event of a price change not posting or an ordering catalog contract unit price not computed in accordance with this clause, resulting in an incorrectly increased or decreased Contract unit price, the prime vendor shall immediately notify the Contracting Officer in writing and promptly thereafter correct its ordering catalog and submit a refund for any amounts paid to the Contractor resulting from the erroneous price. In the event of an erroneous price decrease in the ordering catalog, if the Contractor can demonstrate to the satisfaction of the Contracting Officer that the error did not result from the fault or negligence of the Contractor, the Contractor may submit a request for equitable adjustment for consideration by the Contracting Officer.

Catalog Additions: New FF&V items may be added after award. Before an item is added to the catalog vendors are required to submit to the contracting officer a request of proposed catalog additions (See Attachment). The request shall include the stock number, Government item description, proposed unit price and a corresponding supplier invoice or quote, and proposed distribution price.

*Product prices will be subject to ongoing review to ensure a fair Product price is being offered.

Product price tracking and monitoring is essential to managing costs and ensuring our Offerors receive a fair market price while simultaneously minimizing government expenses. In order to track and monitor Product price, DLA will utilize PPI index comparison, market research & analysis, vendor price comparison, or any other means the government deems appropriate to ensure a fair and reasonable Product price for our customers. Offerors should expect to be queried on pricing and from time to time be expected to solicit alternative sources of supplies when prices are deemed to be not fair and reasonable. This on-going review may be scheduled or unscheduled, and may occur at any time. DLA encourages all Offerors to solicit multiple bids for all product it seeks to offer to customers, as well as maintain documentation of these efforts.

Should the government deem it to be necessary, it reserves the right to request documentation for any purchase of product in an attempt to ensure adequate Product price competition.

ORDER CANCELLATION

Customers may cancel orders up until 12 noon two days prior (local Ensenada, Cabo San

Lucas, Puerto Vallarta, Manzanillo, Mazatlan & La Pax; Mexico time) to the requested delivery date (RDD), No restocking charges apply when customer orders are cancelled before

12 noon two days prior to the required delivery date. All other cancellations will be reviewed by the Contracting Officer on a case by case basis

Generally, restocking charges will be applied for cancellations after 12 noon two days prior to the requested delivery date on orders over $1K. The vendor must notify the Contracting Officer, in writing, within 24 hours of any cancelled order for which restocking charges will apply. The vendor’s notification must include, purchase order number, order date, requested delivery date, date and time of cancellation, total order dollar value, case count, total applicable restocking / disposal charges and a narrative outlining the events surrounding the cancellation.

For example, if an order has an RDD of May 30, 2016 and the customer cancels at 12 noon on

May 28, 2016, no charges will apply. If an order has an RDD of March 30, 2016 and the customer cancels at 12:01 pm on May 28, 2016, restocking / disposal charges will apply.

PACKAGING, PACKING, AND LABELING

All packaging, packing and shall be in accordance with best commercial practices.

SECURITY MEASURES / FORCE PROTECTION

The DLA Troop Support Subsistence Directorate provides worldwide subsistence logistics support during peacetime 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 and insure steps are taken to prevent the deliberate tampering and contamination of subsistence items. Such precautions are designed to provide for Food Defense as described by the Food & Drug

Administration (FDA) at www.fda.gov/Food/Defense/.

The vendor will insure that all products and/or packaging have not been tampered or contaminated throughout the manufacturing, storage and delivery process. The vendor will immediately inform DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tampering with or contaminated subsistence supplies.

The following security guidance is also provided:

I. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. Visitors should also be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration.

II. Review lighting and camera conditions at the warehouse facilities and consider whether fencing and locking devices are adequate. Guards for static security and T-walls shall be considered.

III. Never leave open trucks unattended, and use bolt-seals when possible to designate loaded trailers. Serial coded security seals shall be properly placed on all delivery vehicles and registered/logged in per delivery. The contractor will ensure that employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Firms should keep a low profile and share customer routes, etc. on a need to know basis. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering must be reported immediately.

CUSTOMER SERVICE

Vendors shall treat every customer covered under its contract as it treats its commercial customers. Therefore, any standard treatment and/or customer service policy given to other accounts shall also be given to the customers under these contracts.

Vendors shall provide at least one (1) full time Customer Service representative to maintain continuous contact with all of the ordering activities. The name of the representative and the phone number, mobile phone number, beeper number, email address, or any other method of communicating with the representative, shall be furnished to the customer after award.

The vendor shall assume the responsibility of introducing new food items to the customers, as well as to show cost effective alternatives to their choices.

Since many of our customers only have access to the Government phone network, it is strongly preferred that a toll free number be provided.

Unit prices (PRICE PER PKG)

Unit prices (PRICE PER PKG) shall be limited to a maximum of two decimal places. For evaluation and award purposes, offers containing a unit price of more than two decimal places shall be rounded off to two decimal places. For administrative purposes, the extended line item and total dollar amounts will be rounded to two decimal places and may not precisely reflect the quantity (ies) times the unit prices(s). Payment shall be accomplished on a unit price basis.

REVERSE AUCTION

IMPORTANT: The Government may elect to utilize on-line Reverse Auctioning as a means of conducting price discussions under the subject solicitation. If the Government elects not to conduct a reverse auction, award may be made based on acceptance of initial offers or opening discussions that do not involve use of reverse auctioning as a pricing technique. The Government will notify offerors should it elect to conduct price negotiations using on-line reverse auctioning.

Public Key Infrastructure (PKI) Certificate

Effective October 1, 2006, a Department Of Defense (DoD) Public Key Infrastructure (PKI)

Certificate is required for all DoD users accessing Market Ready WEB Invoicing and accessing the Reconciliation Tool (Recon-Tool). Effective November 1, 2006, a DoD PKI Certificate will be required for all Contractor users accessing the Market Ready WEB Invoicing and the

Reconciliation Tool. The requirement for PKI certificates is implemented in accordance with

DoD security policy promoting secure electronic transactions.

Obtaining a PKI certificate

Contractors who do not work at a Department of Defense facility may purchase a DoD PKI certificate from one of three External Certificate Authorities (ECAs). The ECAs are vendors who provide digital certificates to DOD's industry partners who are using their own equipment or working in non-government facilities. A list of ECAs is available at https://www.ppirs.gov/pki_info.htm Each contractor employee accessing Market Ready WEB

Invoicing and the Reconciliation Tool will need an Identity Certificate (An Encryption Certificate is not required). Certificate prices vary. Please contact ECAs for pricing. Each contractor must fully comply with the DoD requirement to implement PKI in order for our information systems to remain secure and viable.

Electronic Invoicing by Suppliers via Electronic Commerce/Electronic Data Interchange

Effective February 2004, all suppliers were required to process invoices electronically. This is a condition for contract award. An electronic invoicing system will enable expeditious 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 has migrated towards a more extensive use of electronic mediums available to conduct business with you as our business partners. The

Defense Logistics Agency is currently utilizing an Enterprise Business Systems (EBS) initiative. 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:

ANSI X12 FORMAT

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). Web Invoicing System (WInS)

3. A web based solution is the Defense Finance and Accounting Service (DFAS) implemented Web Invoicing System (WInS). WInS application is a web-based technology that will create an EDI transaction for the DFAS payment system.

For more information and sample screens go to http://ecweb.dfas.mil/notes.html. This requires creating an invoice line by line on the web and the invoice would flow electronically to DFAS.

https://www.ppirs.gov/pki_info.htm http://ecweb.dfas.mil/notes.html

EDI Invoicing

EDI Invoicing is another web application used to submit your invoices electronically. This system can be found on the DLA Troop Support web page for subsistence, http://www.troopsupport.dla.mil/subs/. 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 cannot establish and implement PKI and EDI you will be able to obtain a waiver for up to 90 days. During this 90 days period you will be provided with a temporary user name and password to STORES which can be used for invoicing purposes.

Provided below, is 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.

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.

http://www.troopsupport.dla.mil/subs/

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.

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

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

3. Complete all of the following and any additional Offeror Representations and

Certifications:

a. Authorized Negotiators FAR 52.212-3 Offer Representatives and Certifications -

Commercial Items FAR;

b. 52.215-6 Place of Performance;

c. DFARS 252.212-7000 Offeror Representations and Certifications - Commercial

Items

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

5. Please submit the following identification numbers:

CAGE CODE: DUNS #:

ALL VENDORS MUST BE REGISTERED IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) TO RECEIVE AN AWARD. SEE

CLAUSE 52.212-4(t).

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

INSPECTION AND ACCEPTANCE

A. FOB Destination Shipments: (All shipments, unless otherwise specified by the

Contracting Officer).

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

C. The Prime Vendor’s delivery vehicles shall be equipped to maintain the appropriate temperatures and product segregation as necessary to deliver products at the proper temperature. Deliveries shall be made in clean, closed vehicles. When transporting food items, the vehicles shall be maintained in good sanitary condition to prevent contamination of the material. Delivery vehicles used to deliver items under this contract shall be subject to military veterinary inspection at destination. In addition, the delivery vehicles will be inspected for cleanliness and condition.

D. The authorized receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to be noted on the delivery ticket by the receiving official and truck driver. A signature on the delivery ticket denotes acceptance of the product.

E. The contractor shall forward three (3) copies of the delivery ticket with the shipment. The receiving official will use the delivery ticket as the receipt document. Two (2) copies of the signed and annotated delivery ticket will serve as the acceptance document. No invoice may be submitted for payment until acceptance is verified.

http://www.sam.gov/

DELIVERY TEMPERATURES, SHIPPING AND STORAGE REQUIREMENTS

The Prime Vendor is responsible for proper product storage, segregation and delivery of product in excellent condition. The following will apply:

A. Items requiring “Protection from Heat” shall be stored and delivered at a temperature below 70 degrees Fahrenheit or less.

B. Items requiring chilled conditions shall be stored and delivered under refrigeration of 32 to 40 degrees Fahrenheit.

REJECTION PROCEDURES

If product is determined to be defective, damaged, and/or compromised in any other manner, it may be rejected by the receiving official.

FILL RATE/SUBSTITIONS

Definitions:

Cases accepted - product that the customer has received and receipted not including damaged cases, mispicks, and product substitutions.

Cases ordered - product requested by a customer

A. Order fill rates shall be calculated on an on-time, per order basis and tracked for monthly submission to the Contracting Officer/Account Manager. The fill rate shall be calculated as follows and shall not include substitutions, mis-picks, damaged cases, rejected product, etc.

(No other method of calculating fill rate will be accepted):

Cases accepted / Cases ordered X 100 = fill rate %

B. Vendors are required to maintain at a minimum a 98.0% fill-rate without substitutions.

C. The contractor will submit a monthly report, by customer, to the DLA Troop Support

Contracting Officer with the following information:

a. Fill Rate with and without Substitution

b. List of all items that were Not in Stock, Returned, Damaged, Mis-picks and

Substitutions, etc.

EMERGENCY ORDERS

A. The Contractor must be able to receive and process purchase orders on any day of the week to include holidays. Delivery days and times are not restricted and may be every day of the week. The Prime Vendor will provide a minimum of two “emergency” orders per month per customer at no additional charge. Emergency orders are those that are required outside normal delivery schedules. All emergency orders for supplies must be same day service. Expeditious fulfillment of the emergency requirements is imperative.

Not-In-Stock replacement fills by the Prime Vendor with alternate items to the customer on day of delivery will not be considered an emergency order.

B. The Prime Vendor is responsible for providing the ordering facilities with the name of the contractor representative responsible for notification of receipt and handling of such emergency service and his/her phone number and/or pager number.

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 of latent damage;

4. Products delivered in unsanitary delivery vehicles;

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

6. Products delivered that fail to meet the minimum/maximum specified temperature;

7. Quantity excess as a result of order input error and

8. Any other condition not specified above that id determined a valid reason for return by customer.

B. Any other condition not specified above that is deemed by the Contracting Officer to be a valid reason for return.

SHORT SHIPMENTS AND SHIPPING ERRORS

A. The receiving official will annotate short shipment(s) on the delivery ticket/invoice(s) that accompany the delivery.

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

CONTRACT ADMINISTRATION DATA

I. CONTRACTING AUTHORITY

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

Officer.

B. In the event the vendor effects any change at the direction of any person other than the DLA Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made. The Contracting Officer must authorize any modification or costs associated with a 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 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 delivery ticket/invoice, keep one (1) copy and return original copy to the vendor. Any changes must be made on the face of the invoice;

attachments are not acceptable.

B. All invoicing for payment is to be filed electronically using EDI transaction. No paper invoices shall be submitted to DFAS for payment. All invoices submitted by Prime

Vendor must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to submission.

C. Invoice transactions may be submitted to DLA daily; however, it cannot be stressed enough that all internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The vendor will be responsible for correction and re-submission.

D. The same invoice cannot be submitted with different dollar amounts.

E. Vendors will be required to submit test 810 transactions sets 30 days prior to the first order.

F. Invoices may not be submitted as “LIVE DATA” until a test transaction set has been cleared.

G. For catch weight items, standard rounding methods must be observed, i.e. less than 5: rounded down; 5 or greater: rounded up. All weights must be rounded to whole pounds using standard rounding methods. Any line submitted for other than whole numbers will be rejected and require correction and re-submission by the vendor.

H. Unit prices and extended prices must be formatted not more than two (2) decimal places to the right of the decimal point. STORES will not accommodate positions of 3 and above beyond the decimal point.

I. The following address must appear in the “Bill To” or “Payment Will Be Made By” block of the contractor’s invoice:

Defense Finance and Accounting Service

Attn: JAQBAB (EBS Entitlements)

P.O. Box 369031

Columbus, OH 43236-9031

J. Each invoice shall contain sufficient data for billing purposes. This includes, but is not limited to:

i. Contract Number, Call or Delivery Order Number, and Purchase Order

Number

ii. DoDAAC;

iii. Contract line listed in numeric sequence (also referred to as CLIN order);

iv. Item nomenclature;

v. LSN or NSN;

vi. Quantity purchased per item in DLA’s unit of issue;

vii. Clean invoices must be submitted; and

viii. Total dollar value on each invoice (reflecting changes to the shipment, if applicable).

K. Vendors are required to use the DLA STORES Reconciliation Tool to identify and correct mismatches between invoices submitted and customers posted receipts. It is the responsibility of the Prime Vendor to adjust as necessary and communicate with the customer or DLA as needed, in order to resolve any/all discrepancies.

L. The supplier is required to include the following statement on their invoice: "The

DLA surcharge is not included in the cost of goods."

III. PAYMENTS

A. DFAS Columbus Center is the payment office for this acquisition.

B. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (i) of Clause 52.212-4 “Contract Term and Conditions – Commercial items” and any addendum.

C. Payment is subject to the terms and conditions of the Prompt Payment Act (31

U.S.C.3903). All 810 electronic invoices must be submitted with accurate, sufficient, clean data before any payment can be made.

D. All offerors must have the ability to accept an 820 transaction set from its financial institution. DFAS Columbus will no longer forward a detailed summary of payment(s); this information will only be available from your bank.

E. Vendor Reconciliation Tool: In an effort to improve the payment process, vendors will have availability to view what the customer has or has not receipted, via the BSM website. The Prime Vendor will have access to “unreconciled” information, i.e. the invoice does not match the receipt because of a quantity or price discrepancy, or because the customer has not posted a receipt. Both invoice information and receipt information will be available for review on the BSM website by the Prime Vendor.

While the vendor will not have the capability to update customer receipt information, update capability will be available for unreconciled invoice information for approximately 30 days.

F. The Government intends to make payments under the resultant contract by electronic funds transfer (EFT). Reference Clause 52.232-33, “Mandatory Information for

Electronic Funds Transfer Payment” appearing in the section of this solicitation entitled “Contract Clauses”. However, the election as to whether to make payment by check or electronic funds transfer is at the option of the Government.

IV. ADMINISTRATION

A. The DLA Prime Vendor Supplier Operations Office will perform administration of the contract.

B. A designated representative at the ordering activity will perform administration of the individual delivery order. This includes approving product substitutions and delivery changes.

C. The DLA Contracting Officer must approve any changes to the contract.

ADDENDUMS

The following paragraphs of 52.212-1 are amended as indicated below:

1. Paragraph (b). Submission of offers.

See Standard Form 1449 (Continuation Sheet), for any specific instructions on how to submit your offer if mailed, hand carried or faxed (when authorized). Faxed offers are authorized for this solicitation. Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and provisions of the solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to make award solely on the facsimile offer. However, if requested to do so by the

Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer. Offerors should submit pricing on all items found in the Schedule of Items (for both pricing periods). Offerors should submit corresponding current wholesale or catalog price lists (as previously noted in the solicitation).

2. Paragraph (c) Period for acceptance of offers.

Period of acceptance is 120 days.

3. Paragraph (e) Multiple offers.

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

4. Paragraph (h) Multiple awards.

The Government intends to make one award.

Addendum to 52.212-4

The following paragraph of 52.212-4 are amended as indicated below:

1. Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the

Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, an equitable cash amount paid in full for the administrative costs of such repurchase.

This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8 (continued)

OFFER DUE DATE/LOCAL TIME: 8/13/2017, 3:00 P.M. PHILADELPHIA TIME

NOTE: This solicitation shall be signed by each Joint Venture / Partner and submitted along with each offer. Only one originally signed copy of this solicitation document is required for submission.

All offers are required to be mailed to the Defense Logistics Agency (DLA) Troop Support Post

Office Box 56667 or hand carried to the DLA Troop Support Business Opportunities Office as described in Block 9 below.

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.

Send MAILED OFFER to:

DEFENSE LOGISTICS AGENCY DLA TROOP SUPPORT

POST OFFICE BOX 56667

PHILADELPHIA, PA 19111-6667

Deliver HAND CARRIED OFFER, including delivery by commercial carrier, to:

DLA TROOP SUPPORTBUSINESS OPPORTUNITIES OFFICE

BLDG. 36, SECOND FLOOR

700 Robbins Avenue

PHILADELPHIA, PA 19111-6667

All hand carried offers are to be delivered to the Business Opportunities Office between

8:00 AM and 5:00 PM, Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103.

Contractors 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)737-8556, (215)737-0317. It is the offeror’s responsibility to ensure that 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 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 A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL

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

DUE.

Offerors that respond to this solicitation using a commercial carrier service must ensure that the commercial carrier service “hand carries” the package to the Business Opportunities Office prior to the scheduled closing time.

OFFERORS: SPECIFY

CAGE CODE:

TYPE OF OFFEROR: (circle one) Individual doing business as a firm, Partnership, Corporation, Joint Venture, or Other (please explain)

FOREIGN BUSINESS (Circle………YES – OR -- NO)

PRIMARY COMPANY POC/NEGOTIATOR:

PHONE #:

E-MAIL ADDRESS:

BLOCK 17B (CONTINUED)

REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE CONTRACTOR HAS

LISTED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM).

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, e-mail addresses, and telephone numbers for each authorized negotiator.

BLOCKS 19-24 (CONTINUED): SEE ATTACHMENT 2

CAUTION NOTICE TO DLA SUPPLIERS

The Government reserves the right to cancel this solicitation. If this should occur, the

Government will not be liable for any proposal preparation cost or any other costs that offerors may have incurred related to this solicitation.

Delivery locations are Ensenada, Cabo San Lucas, Puerto Vallarta, Manzanillo, Mazatlan

& La Pax, Mexico.

52.213-9012 Indefinite Delivery Purchase Order (IDPO) - Bilateral.

As prescribed in 13.390(d)(3), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) - BILATERAL (APR 2014)

(a) The Government will award a bilateral IDPO resulting from this request for quotes to the responsible offeror whose offer conforming to the terms and conditions in the request for quotes will be most advantageous to the Government, price and/or other factors considered.

(b) The Contractor agrees that it will accept additional orders under the same terms and conditions specified in the basic order. This agreement becomes binding upon delivery of the initial order (the first order placed against this IDPO), which is the minimum quantity for this

IDPO. The initial delivery order represents the minimum quantity for this IDPO, and the

Government is under no obligation to place additional orders under this IDPO. The Government may place additional orders for the period of performance stated in the purchase order, effective from the date of the basic order. All additional orders will reference the initial order. The aggregate value of all orders shall not exceed the simplified acquisition threshold (see FAR

2.101); or, for acquisitions conducted using FAR Subpart 13.5, shall not exceed $7.0 million

($12 million for acquisitions described in 13.500(e)); the maximum value is stated in the basic order.

(c) Evaluation of quotes. If quotes include variable pricing based upon conditions such as quantity ranges, transportation zones, and/or option years, quotes will be evaluated by establishing an average unit price. The average unit price will be established for an award under the maximum value, by adding all unit prices together, then dividing the sum by the number of unit prices.

(d) Pricing of orders. When issuing orders, the unit price shall be based on the price from the quantity range that will cover the total quantity on the order, regardless of destination.

(e) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used (see Defense Federal Acquisition Regulation Supplement (DFARS) 204.7003).

The following paragraphs of 52.216-9065 are amended from the SF1449 as indicated below:

52.216-9065 Economic Price Adjustment – Actual Material Costs For Subsistence Product

Price Business Model.

As prescribed at 16.203-4(d)(2)(S-96), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ACTUAL MATERIAL COSTS FOR DLA TROOP

SUPPORT - SUBSISTENCE…