SPE30023RX013 South Dakota Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000174152

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE300-23-R-X013

5. SOLICITATION NUMBER

2023 OCT 02

6. SOLICITATION ISSUE

DATE

Chari Fix DCF0030

a. NAME

Phone: 215-737-2105

b. TELEPHONE NUMBER (No Collect calls)

2023 OCT 30

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT

DIRECTORATE OF SUBSISTENCE

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

311511NAICS:

1150SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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SPE300-23-R-X013

BLOCK 8 (Continued):

OFFER DUE DATE/ LOCAL TIME: 10/30/2023 at 3:00PM EASTERN STANDARD TIME

BLOCK 9 (Continued):

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

Marcus Berenato, Marcus.Berenato@dla.mil;

Chari Fix, Chari.Fix@dla.mil

NOTES:

INITIAL OFFERS:

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

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

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

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

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

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

(3) Offerors submitting proposals using email are advised that DLA Troop Support systems have certain email size and transmission limitations. Proposals must be prepared accordingly. Individual email attachments should not exceed 5MB in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be necessary). When submitting multiple emails as a proposal submission, label each email with a number (e.g., 1 of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients. It is an offeror’s responsibility to ensure its entire proposal is received by the date and time specified is sufficient time to ensure and confirm receipt by the Government.

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

BLOCK 17A. (Continued):

OFFERORS: SPECIFY

CAGE CODE: __________________________

FAX NUMBER __________________________

EMAIL ADDRESS________________________

COMPANY POC: ________________________

PHONE #: _____________________________

BLOCK 17B. (Continued):

Remittance will be made to the address that the vendor has listed in the System for Award Management Database. (www.

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

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

BLOCKS 19-24 (Continued):

SEE SCHEDULE OF ITEMS (ATTACHMENT 1)

AUTHORIZED NEGOTIATORS:

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

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SPE300-23-R-X013

each authorized negotiator.

NOTE: ALL TROOP SUPPORT Customer are currently processing orders and receipts through EBS.

Please provide the following information for Ordering, Invoicing and Payment purposes.

Point of Contact· for Ordering:________________________________ Phone Number:________________________________________ E-Mail:______________________________________________ Phone Number:______________________________________ Point of Contact for Invoicing & Payments:________________________ Phone Number:____________________________________________ E-Mail:___________________________________________________

The delivery preference is for a (48 hour/skip days) delivery. Please address your ability to adhere to these delivery terms. Delivery is required 4B hours after order is placed. Order may be placed with a longer lead time, However the minimum leads time is #skip day". Customer must place order by 10:00 A.M.

PLEASE PROVIDE ANY LIMITATIONS TO THIS ORDER LEAD TIME BELOW:

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Form

TECHNICAL REQUIREMENTS

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

WEB AT:

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

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

CAUTION NOTICE

CAUTION NOTICE

THE CONTENT AND STRUCTURE OF SOLICITATION SPE300-23-R-X013 IS NEW. PLEASE READ CAREFULLY BEFORE

SUBMITTING YOUR OFFER.

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/electronic data interchange EC/EDI capabilities.

All contractors who choose to conduct business with the Department of Defense must now be registered in the System of Award Management (SAM) database.

This procurement is being solicited as Price Only Evaluation Factor on an unrestricted basis with no HUBZone Price Preference.

Solicitation SPE300-23-R-X013 is designed to place market Ready fresh milk and dairy items, · all fully competitive, on a contract for various customers in state of South Dakota, Locations.

The resultant contract will be a fixed-price, indefinite delivery purchase order (IDPO) 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 IDPO 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 dairy items for the entire term of the contract. The contract period is expected to be from November 24, 2023, through November 21, 2026. The award will be issued as an IDPO per group, not to exceed three years or $250, 000.00 aggregate value, whichever occurs first. Prices quoted shall remain valid and fixed for the entire period.

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

This contract is for a thirty-six (36) month period "THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT CONFORMS TO THE SOLICITATION REQUIREMENTS ANO OFFERS THE LOWEST

PRICE"

Please Note: Electronic mail (e-mail) is the only acceptable form of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation and will be used during discussions/negotiations, if discussions/negotiations are held.

All contractors who choose to conduct business with the Department of Defense must now be registered in the System of Award Management (SAM) database. 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 SAM to identify potential suppliers and teaming partners for this

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SPE300-23-R-X013

Form (CONTINUED)

Initiative. You may go to the System of Award Management at www.sam.gov and click on the "Dynamic Small Business Search" button. When making your procurement decisions we encourage one's 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 www.sba.gov.

Included in their proposal submission, offerors are required to substantiate Delivered Prices for all Items in the Schedule of Items, with invoices / quotes for all groups offered on. See section XXXVIII, para. D, item 2, for more information

CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

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.

DEFENSE BIOMETERIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or OTHER SECURITY PROGRAMS

Many bases may require enrollment in a particular system for base security such as the Defense Biometric Identification System (DBIDS), or other similar system(s). Such systems manage access to Department of Defense (DoD) installations, and will not allow entry without clearance. During the contract start-up/ implementation period, the Contractor must contact all customer locations to determine whether enrollment in DBIDS, or another security program is required for access to each location. If DBIDS, or other security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have clearance may result in a vendor being turned away from the base and being unable to complete delivery. The Contractor is responsible for any costs associated with DBIDS, and/or other security program enrollment and must ensure that a properly enrolled driver is available for all deliveries. We currently estimate that DBIDS enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of DBIDS or other security enrollment may vary, so the Contractor should contact the specific security system contractor to

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SPE300-23-R-X013

Form (CONTINUED) determine its own costs. If more than one driver is required, enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the start-up/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required.

For additional information on current base security systems including DBIDS, including enrollment instructions, please visit their website at http://dbids.dmdc.mil.

CHECKLIST - DID YOU REMEMBER TO ?????

[ ] Fill in Block 17a, of 1449?

[ ] Fill in Block 17A. Continued, on the bottom of page 19?

[ ] Indicate remittance address and Unique Entity Identifier block 17B. Continued, on the bottom of page 19, if different, in offer?

[ ] Sign Block 30a, name in Block 30b, and date in Block 30c.?

[ ] Sign and return any/all amendments?

[ ] Return one (1) COMPLETE & SIGNED copy of the solicitation?

[ ] Fill out all certifications and representations in solicitation or submit a copy of your firm's Online Representations and

Certifications Applications Registration from System for Award Management (“SAM”) website?

[ ] Submit prices for every item listed in the Schedule of Items (Attachment 1)?

[ ] Fill out Vendor Name, CAGE Code, and Unique Entity Identifier for Excel Spreadsheet cell B5 in Attachment 1 for all Groups being offered on?

[ ] Checked box stating you intend or do not intend to use one or more facilities as a place of performance under Federal Acquisition Regulation (“FAR”) 52.215-6 Place of Performance?

[ ] In accordance with the clause above, submit a separate list of places of performance, i.e. distribution centers / warehouse locations that will directly support the proposed customers? Warehouses that function as backups should be designated as such.

[ ] Submit A copy of current Wholesale Price List, Catalog Price Schedule or other documents containing commercial pricing information.

http://dbids.dmdc.mil

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Form (CONTINUED)

[ ] Complete and Submit Places of Performance

[ ] ALL VENDORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) TO RECEIVE AND

AWARD. SEE CLAUSE 52.212-4(t)

[ ] Submit all documents electronically by emailing to Chari Fix, Chari.Fix@dla.mil; and Marcus Berenato, Marcus.Berenato@dla.

mil or through the DLA Bid Board System (“DIBBS”)?

CAUTION: The above checklist 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 proper submission of all required information.

RAPID GATE, DEFENSE BIOMETERIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or OTHER SECURITY

PROGRAMS

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

Failure to have clearance may result in a vendor being turned away from the base and being unable to complete delivery. The Contractor is responsible for any costs associated with RAPIDGate, DBIDS, and/or other security program enrollment and must ensure that a properly enrolled driver is available for all deliveries. We currently estimate that RAPIDGate or DDBIDS enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RAPIDGate, DBIDS or other security enrollment may vary, so the Contractor should contact the specific security system contractor to determine Its own costs. If more than one driver is required, enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the start- up/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required.

For additional information on current base security systems including RAPIDGate and DBIDS, including enrollment instructions, please visit their websites at www.fortolrsolutions.com and http://dbids.dmdc.mil.

mailto:Chari.Fix@dla.mil mailto:Marcus.Berenato@dla.mil mailto:Marcus.Berenato@dla.mil http://}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216\charrsid9832077 www.}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216 fortolrsolutions.com file:///}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216\charrsid9832077 http:}
{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216 /}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216\charrsid9832077 /d}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216 b}{\rtlch\fcs1 \af1\afs20 
\ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216\charrsid9832077 ids.dmdc.mil}{\rtlch\fcs1 \af1\afs20 \ltrch\fcs0 \b\f1\fs20\cgrid0\insrsid1123216

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STATEMENT OF WORK

I. INTRODUCTION

A. Defense Logistics Agency (“DLA”) - Troop Support (“Agency”) intends to enter into an indefinite quantity contract(s)

(“IQC”) with a commercial firm(s) to supply Fresh Milk & Dairy products to Department of Defense (“DoD”, or “Troop”) customers in the South Dakota Zones. Specific requirements per item are included in the Schedule of Items (Attachment 1). Failure to propose the specified requirement per item as identified in Attachment 1 may render an offeror's proposal technically unacceptable.

A successful offeror(s) will be required to source, purchase, store, and deliver a variety of milk and dairy items to DLA Troop Support customers on an ongoing basis, while at the same time maintaining acceptable fill rates, levels of customer service, and product quality. Therefore, an offeror must currently possess the physical, logistical, and financial resources to serve as a commercial distributor of a variety of milk, and other dairy items. It is neither sufficient nor acceptable for an offeror to be a third-party logistics (“3PL”) company (i.e., a company that does not intend to serve as the milk, and dairy supplier but instead intends to subcontract out the majority of aspects required by the contract, including but not limited to ordering, warehousing, distribution, etc.). By offering, an offeror affirms its status as a current and functioning commercial distributor of milk and dairy items. In order to determine whether an offeror meets the technical requirement of being a current and functioning commercial milk and dairy distributor, the Contracting Officer will require an offeror 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). The audit report(s) must demonstrate that a passing score(s) was/were received. Please note that a request for the aforementioned information by the Contracting Officer will be used to make a determination of whether or not the offeror meets the technical requirement of being a current and functioning commercial distributor of milk, and other dairy products. This information is not being sought to determine an offeror's likelihood of success in performing the contract as would be the case in a responsibility analysis.

B. The aforementioned zone is comprised of (1) Group in the area described above. Group 1 (Ellsworth AFB) Areas for

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SPE300-23-R-X013

Form (CONTINUED) milk and dairy respectively. The contract period for Group 1 will be from November 24, 2023 through November 21, 2026. The Agency intends to award one contract per Group. The offeror must support all of the customers in Group 1. Offerors are required to propose on all items in the Schedule of Items. Failure to do so may result in its proposal being deemed technically unacceptable and therefore excluded from further consideration for award.

Because the Contracting Officer is not obligated to initiate negotiations, each offeror shall submit its most competitive proposal. Said proposal shall be responsive to all of the Solicitation's requirements and free from any deficiencies.

C. This solicitation is being issued as unrestricted utilizing FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services with HUBZone evaluation preference under full and open competition procedures. North America Industry Classification System (NAICS) code is 311511 and the size standard is 1,150.

D. The resultant Contract will be an Indefinite Delivery Purchase Order (IDPO) that provides for an indefinite quantity, within states limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing order with the contractor (FAR 16-504(a). The total contract period will be thirty- six months.

The IDPO will be firm-fixed contract with economic price adjustment (EPA) for class I fluid milk item and a firm-fixed price contract for all other items for the entire term of the contract.

E. The contract will not exceed thirty-six months or $250,000.00 aggregate value, whichever occurs first. The contract will begin on November 24, 2023 through November 21, 2026. Prices will be firm-fixed, thus not subject to change, except for the prices of class I fluid milk items, which are subject to the EPA terms and condition contained in this solicitation. Prices will be based on the time an order is placed, not when an order is delivered. For example, if an class I fluid milk item 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. This Solicitation utilizes the Lowest Price Technically Acceptable (“LPTA”) Source Selection Process. It contains two tiers: two (18-month) tiers. The length of the contract is 36 months (3 years) including all tiers.

E. Any award resulting from this Solicitation will be an Indefinite Quantity Contract (IQC) that is fixed in price. The IQC will provide for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (reference FAR 16.504(a)).

II. EFFECTIVE PERIOD OF CONTRACT

A. Any resulting contract from this Solicitation will not exceed 3 years commencing on the effective date of November 24, 2023.

III. TIERS

A. The 3-year contract period is divided into two tier periods. Each Tier affords offerors an opportunity to provide

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Form (CONTINUED) different Unit Prices to the “other dairy” items on the schedule of items that aren't subject to the monthly economic price adjustment.

Tier 1 is from November 24, 2023-May 17, 2025. Tier 2 will be from May 18, 2025-November 21, 2026.

IV. ESTIMATED DOLLAR VALUE / GUARANTEED MINIMUM / MAXIMUM

A. The following chart includes the 18-month estimated dollar value for Tier 1, and the overall 3 year contract period, along with the 10% and 250% guaranteed minimum and contract maximum values, respectively. Though both figures are based on estimates, the guaranteed minimum and the contract maximum are both fixed firm dollar amounts, which are calculated as a percentage of the 12 months of the tier 1 and 3-year estimated dollar values, respectively.

B. NOTE: The guaranteed minimum, which is shown in the “10% Minimum” column below, constitutes the Agency's full legal obligation as to its ordering requirements. Once this obligation is met, there is no further ordering obligation on the part of the Agency regardless of what tier period said obligation is met within.

The term “estimate” refers to the Agency's good faith estimate of the requirement for the specific tier periods stated.

The total minimum contract dollar value if all Groups are awarded together is $1,126.67.

The maximum contract dollar value if all Groups are awarded together is $250,000.00.

V. CONTRACT START-UP PERIOD

A. After an award is made, the Contractor (also referred to as the Awardee) will be required to take steps to implement its new contract prior to initial ordering/delivery. This may include but is not limited to invoicing (STORES), sourcing new items, finalize delivery schedule per customer location, base access, etc. The timeline for the “start-up” period, as described above, is not included in the first 18-month Tier 1 period.

VI. ELECTRONIC ORDERING CATALOGS

An offeror that receives an award will be required to maintain electronic catalogs (STORES) 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 (as appropriate), Government item description, packaging characteristics, unit of issue, and unit price.

A. Catalog Maintenance

1. New Items

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(a) If a customer seeks to order a Milk and/or Dairy item that is not a part of the catalog after the customers' ordering period commences (i.e. post “start-up” period), the Contractor will be afforded a maximum of 10 days to source the item and have the item added to the ordering catalog. The final step prior to the item being “live” on the catalog is for the Contracting Officer to determine the item's price “fair and reasonable.” Once this is complete, the item should remain a constant within the contractor's inventory, subject to availability issues. When requesting all item approvals (including new additions and/or changes to an existing item, such as pack size, etc.) with the Contracting Officer, the Contractor shall use the “Request for New Item” Form (Attachment 2). This form is mandatory and without it, no new items or changes to existing items will be processed by the Contracting Officer.

2. Catalog Pricing

(a) Schedule of Items Pricing: Items priced in the Schedule of Items (see Attachment 1) will be included in the ordering catalog following award. Schedule of Items will be determined fair and reasonable prior to award.

(b) Contractor-Requested Catalog Price Changes: Upon award, all items included in the Solicitation's

Schedule of Items that ultimately are included in the ordering catalogs have been deemed “fair and reasonable” from a pricing standpoint by the Contracting Officer.

(c) Contractor-Requested Catalog Additions: Before an item is added to the catalog, the Contractor is required to submit to the Contracting Officer the “Request for New Item” Form as previously addressed (see Attachment 2). Said request shall include the stock number, Government item description including the quality grade of the item (if applicable), proposed unit price with a corresponding supplier invoice or quote (quotes permitted in very limited circumstances as approved by the Contracting Officer; e.g. Contractor never purchased item before. The Contracting Officer will review the catalog addition request and upon determining the price fair and reasonable will contact the Contractor to indicate acceptance. The item once accepted will be added by the Contracting Officer to the catalog. Should the proposed price fail to be determined “fair and reasonable,” the Contracting Officer will conduct negotiations with the Contractor. If, after negotiations, the proposed price still cannot be determined “fair and reasonable,” the item will not be added to the catalog.

(d) Pricing Requirements: The Contractor's catalog prices, as awarded, constitute the initial catalog prices. The prices shall remain in effect for all subsequent ordering periods except as otherwise adjusted in accordance with the EPA provision.

VII. ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE - MILK

A. To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

B. This EPA clause applies to skim milk and butterfat fluid milk products classified as class I milk only (i.e., whole milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such

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Form (CONTINUED) beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

C. Class I milk, as described in this clause, is subject to the regulations of the United States Department of Agriculture under the Federal milk marketing orders.

D. The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the Class I price [(base skim milk price for Class I times 0.965) plus (advanced butterfat pricing factor times 3.5)] in the announcement of advanced prices and pricing factors released by the U.S. Department of Agriculture, Agricultural Marketing Service, dairy programs. The announcement is released on the Friday before the 23rd of the month unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date.

E. Price adjustments shall be based on the following:

(1) The "base price" for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at (i) the closing date for proposals, if no discussions are held, or (ii) the due date for final proposal revisions, if discussions are held. The "base price" for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The "adjusting price" shall be the monthly price of the economic indicator released following the month used to determine the "base price".

F. For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems requirements of the subsistence total order receipt electronic system (STORES), as follows:

$0.0050 to $0.0099 = $0.01

$0.0100 to $0.0149 = $0.01

$0.0150 to $0.0199 = $0.02

$0.0200 to $0.0249 = $0.02

$0.0250 to $0.0299 = $0.03, etc.

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

G. Promptly following release of the announcement of advanced prices and pricing factors applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Compute adjusting price.

(2) Compute base price.

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(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for other units other than a gallon.

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2)).

(7) Compute adjusted contract unit price(s). The following sample price computation is an illustration using January as the base price and February as the adjusting price.

(a) Adjusting price

Base skim milk price for Class I $7.72 CWT X 0.965 $ 7.4498

Advanced butterfat pricing factor $0.9302 LB X 3.5 $ 3.2557

Class I Price $10.7055

(b) Base price base skim milk

Price for Class I $7.72 CWT X 0.965 $ 7.4498

Advanced butterfat pricing factor $0.9854 LB X 3.5 $ 3.4489

Class I Price $10.8987

(c) Change from base price per CWT ($0.1932)

(d) Price change per gallon Line (3) divide by 11.63 gallons/cwt ($0.0166)

(e) Price change per half gallon ($0.0083)

Price change per quart ($0.0042)

Price change per pint ($0.0021)

Price change per half pint ($0.0010)

(f) Price adjustment per gallon ($0.02)

Price adjustment per half gallon ($0.01)

Price change per quart $0.00

Price change per pint $0.00

Price change per half pint $0.00

(g) Adjusted contract unit price

Item per gallon (current unit price - $0.02)

Item per half gallon (current unit price - $0.01)

Item per quart (No adjustment)

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Form (CONTINUED)

Item per pint (No adjustment)

Item per half pint (No adjustment)

H. Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

I. Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be implemented by the government as follows, and these actions shall constitute a modification to the contract:

(1) The adjusted contract unit price(s) for the following month will be input in STORES,

(2) A facsimile transmission will be sent to Contractors who do not have electronic access, and

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the Internet.

J. The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase. There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

K. In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(1) Any dispute arising under this clause is subject to the "disputes" clause of the contract.

VIII. BUY AMERICAN ACT

A. The Buy American Act, contained in Federal Acquisition Regulation (“FAR”) 52.225-1 and included in this solicitation, is applicable. This regulation mandates that all food items, including milk and dairy items, provided under the instant solicitation and resulting contracts be produced and manufactured in the United States.

IX. ADDITION OF NEW CUSTOMERS

A. Adding Customers within the Contract's Geographic Distribution Region/Zone:

1. After contract award, there may be instances when new customers request support of their fresh milk and dairy requirements. Additional DoD and/or Non-DoD federal government customers that request DLA Troop Support fresh milk and dairy support may be added to the contract without any new acquisition or competition process, if the customer(s) is/are within the geographic distribution region/zone covered by this contract.

2. The decision as to whether a potentially new customer is within the contract region or zone and, thus, will be added to the contract without further competition and at the existing contract prices, shall be the sole decision of the DLA Troop Support Contracting Officer.

3. Pursuant to the above, the Contracting Officer will instruct the contractor to include the customer(s) at the effective

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Form (CONTINUED) contract prices applicable to that distribution zone/region.

B. Under no circumstance may the resulting contract's maximum dollar value be exceeded with the addition of any customer(s) and its respective milk and dairy requirements.

X. CUSTOMER SERVICE

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

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

B. Troop and other customers conduct periodic food menu boards and similar meetings that the Contractor may be required to attend. At these meetings, the customers typically review their internal business practices and may request that the Contractor show new products and/or provide nutritional information.

XI. ORDERING SYSTEMS

A. Subsistence Total Order & Receipt Electronic System (“STORES”): DoD customers will order using the STORES catalog as applicable.

1. Accessed via the Internet, STORES is the Government's translator/ordering system that is capable of accepting orders from any of the Services', i.e. Army, Air Force, Navy, or Marines, individual ordering systems and translating them into an Electronic Data Interchange (“EDI”) format. In addition, this information is passed to DLA Troop Support for the purposes of contractor payment and customer billing.

2. Customers will be able to order all of their requirements through STORES. The system will transmit orders to the Contractor and DLA-Troop Support.

3. The Contractor is required to interface with STORES and must be able to support the following EDI transactions:

810 Electronic Invoice 820 Payment Voucher Information

Note: A complete description of these transaction sets is included in the “EDI Implementation Guidelines” and can be found at http://www.dla.mil/TroopSupport/Subsistence/Doing-Business-with-Sub/STORES/, click STORES and EDI Requirements.

4. The Contractor shall have access to the Internet and be able to send and receive electronic mail (email).

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5. Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. 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.

6. Contractors are required to utilize the Government's item descriptions on all invoices, delivery tickets to the customer, and 810 invoice.

7. The Contractor will utilize the DLA Troop Support invoice reconciliation process, or other such systems as may become available, to the maximum extent, towards the goal of correcting invoices early and facilitating the payment process.

8. In the event the STORES system or the Contractor's interface is not operational, the Contractor must provide alternate ways for the customer to order (e.g., by fax by phone, pick up orders, etc.)

9. Public Key Infrastructure (“PKI”)/ External Certificate Authorities (“ECA”) Certificates: The Department of

Defense (“DoD”) PKI Certificate will be required for all DoD users. A DoD PKI certificate will be required for all contractors. The requirement for PKI certificates is implemented in accordance with DoD security policy promoting secure electronic transactions.

(a) Obtaining a PKI certificate:

(i) Contractors who do not work on-site 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 - Governmental facilities. Certificate prices range from $99 - $179 per certificate per year, with volume discounts at some ECAs. A list of ECAs is available at the following web address:

https://www.transactionservices.dla.mil/daashome/pki_contacts.asp .

(ii) Each contractor must fully comply with the DoD requirement to implement PKI in order for our information systems to remain secure and viable.

XII. ORDER PLACEMENT and ADJUSTMENTS/CANCELLATION OF ORDERS

A. The minimum order requirement for any resultant contract is $25.00. This requirement shall be based on the aggregate total of orders for a specific delivery date to all customers located within a particular military base or delivery location.

B. Customers shall place orders via STORES to accommodate at a minimum a 2-day lead time, i.e “skip day” delivery.

For example, an order placed on Monday, September 1st would have a required delivery date of Wednesday, September 3rd. 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.

C. Once submitted through the applicable electronic ordering system (STORES), an order may be cancelled by a https://www.transactionservices.dla.mil/daashome/pki_contacts.asp

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Form (CONTINUED) customer up to 24 hours before scheduled delivery via written notification to the Contractor and the Contracting Officer. Within less than 24 hours from delivery, an order may be cancelled by mutual agreement between the customer and the Contractor. In the event of an act of God, such as extreme weather, the specific situation regarding a cancelled delivery will be dealt with in an equitable manner by the Contracting Officer, who has the ultimate authority and discretion to resolve said issues. (SKIP DAY)

D. Adjustments - For procedures discussing adjustments to order, refer to Attachment 4 (STORES manual).

XIII. ITEM AVAILABILITY

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

C. The vendor should notify the customer, same day and no later than 24 hours after order placement, of the non-availability of an item. The vendor must provide an alternative already listed on the catalog. The vendor must provide the customer with ample time to re-submit an order of an alternative item(s) before the Required Delivery Date. Assuming the proper procedure is followed, this circumstance (i.e. replacement of a NIS item with a separate order for another catalog item) will not negatively impact a Contractor's fill rate.

XIV. PACKAGING, PACKING, LABELING, AND MARKINGS

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 comply with the National Motor Freight Classification and Uniform Freight Classification Code.

B. All items must be identified with readable dates (open code dates), coded dates.

C. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.

XV. DELIVERY INSTRUCTIONS

A. Contractors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard.

If applicable, all delivery trucks must be equipped with a lift gate to expedite the offloading of products. Trucks shall maintain proper temperatures in accordance with standard commercial practices. Deliveries shall be FOB

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Destination to all delivery points. Delivery will be completed when the Contractor has unloaded the order(s) from the vehicle and placed them on the dock, and customer-receiving personnel has accepted the delivery ticket, in accordance with Section XVI below. All items will be delivered to customer locations free of damage and with all packaging and packing intact. See Attachment 3 Delivery Schedule.

B. Customers' delivery schedules (days and times), routes, and stop-off sequences will be coordinated and verified with the customers on a post-award basis by the Contractor immediately following award and on an annual basis as required. On average, each Troop customer receives one to three deliveries per week. However, these schedules may be revised as necessary on a case-by-case basis at the approval of the Contracting Officer.

C. Products for individual customers/dining facilities must be segregated. Many of the military bases have more than one delivery point. All products shall be segregated by drop-off point and loaded into the delivery vehicle in reverse drop sequence. The intent is to provide expeditious off-loading capability and delivery to the customers.

E. The…