ATTACH_Statement_of_Work.pdf

FLAMELESS RATION HEATERS (FRH) AND FLAT PACK SUPPORT

SF1449 - CONTINUATION SHEET

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8, Offer due Date/Local Time (continued) OFFER DUE DATE/LOCAL TIME: 06/18/2025 at 3:30pm est Submission via email to the Contract Specialists, Justin Brown (justin.brown@dla.mil and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil).

BLOCK 9, Issued By DLA Troop Support Subsistence Address Procuring Agency:

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

Solicitation Number : SPE300-25R-0022 Solicitation Issue Date: 04/16/2025 Solicitation Closing Date: 05/16/2025

ADDITIONAL NOTE: Offers must be submitted via email to the Contract Specialists, Justin Brown (justin.brown@dla.mil and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil (Be advised that email firewalls and capacity could come into play since only 10MB can be forwarded via email. If your proposal is larger than 10MB, please split your submission into smaller emails.)

Note: For the subject acquisition, the Government intends to evaluate offers and award contract(s) without discussions. Therefore, the offeror's initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to evaluate offers and make award(s) without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

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

The Contract Specialists, Contract Specialists, Justin Brown (justin.brown@dla.mil and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil may receive the e-mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, will be designated in that request. Submission of proposals and any revisions are subject to the terms of FAR 52.215-1.

Block 10, This Acquisition is: NAICS: 722310

BLOCK 17A Contractor/Offeror (Continued):

Offeror’s assigned Data Universal Numbering System (DUNS) Number (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF1449 or see 52.212- 1, Instructions to Offerors-Commercial Items for information on contacting Dun and Bradstreet.)

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

mailto:justin.brown@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:justin.brown@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:justin.brown@dla.mil mailto:Jacob.Slotnick@dla.mil

PRIMARY COMPANY POC/NEGOTIATOR

PHONE #:

E-MAIL ADDRESS:

FAX NUMBER:

BLOCK 17B (Continued):

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

SYSTEM FOR AWARD MANAGEMENT (SAM).

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 STATEMENT OF WORK

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

This acquisition is being processed under the authority of FAR 13.5, simplified procedures for certain commercial products and commercial services and therefore will utilize simplified procedures for soliciting competition, evaluation and award documentation and notification that comply with FAR 13.1

THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.

The acquisition will be a negotiated procurement utilizing the Best Value, Lowest Price technically acceptable source selection process. Offerors must be determined technically acceptable, by providing proof of performing same /similar contracting in value and scope (providing service, equipment, and product). Pricing must be determined fair and reasonable.

All products must be produced and manufactured in the United States in accordance with

DFARS 252.225-7012.

OFFERORS ARE CAUTIONED TO TAKE EXTREME CARE WHEN PREPARING

PROPOSALS IN RESPONSE TO THIS SOLICITATION. ALL TERMS AND CONDITIONS

SHOULD BE REVIEWED CAREFULLY. ITEM DESCRIPTION/SPECIFICATIONS AND

SPECIFIC DELIVERY LOCATIONS ARE LISTED IN THIS SOLICITATION.

The Government intends to award to the responsible offeror(s) that conform to the solicitation requirements, and that offer fair and reasonable prices as determined by the Contracting Officer.

In accordance with FAR 4.1103, it is mandatory that in order to do business or continue to do business with any DoD Agency, Contractors/offerors must be actively registered in the System for Award Management (SAM). For registration information or assistance, visit the SYSTEM FOR AWARD MANAGEMENT website https://www.sam.gov

Taking exception to any of the terms and conditions of the solicitation may deem your proposal technically unacceptable and may preclude consideration for award.

STATEMENT OF WORK

1.0 ORGANIZATION:

Defense Logistics Agency, (DLA) Troop Support Subsistence, Subsistence Supplier Operations, 700 Robbin Street, Philadelphia PA 19111.

1.1 MISSION:

The Defense Logistics Agency Troop Support (DLA TS) is issuing this solicitation to seek offerors for the management and replenishment of DLA owned Flameless Ration Heaters (FRH) for the Meal Ready to Eat (MRE). These FRHs are classified as DLA owned Vendor Managed Inventory (VMI) and consist of a quantity not to exceed 3,936,600 units or 4.5 truckloads, all of which are government owned. The FRH for MRE is a water activated exothermic-chemical heater packaged in a plastic heating bag which functions as a container with an NSN of 8970-N0- 000-0617.

In addition to the management and replenishment of VMI of FRHs for MREs, DLA TS is also seeking offerors for the management, production, and replenishment of Flat Packs for the Unitized Group Ration E (UGR-E) as DLA Owned VMI. The flat pack for UGR-E is a foil tray with a heater and pull tab. The estimated quantity of flat packs DLA is seeking to purchase is 160k flat packs under NSN of 8970-01-724-3263.

The contractor will be responsible for all storage, distribution, management, and replenishment, of all FHRs and Flat Packs needed to fulfill FRH and Flat Pack demand from the MRE and UGR-E assemblers. All FRHs and Flat Packs will be manufactured in accordance with the technical specifications contained within the below link using the below military specifications.

FRH - MIL-R-44398

Flat Plack for UGR-E - MIL-DTL-32235 https://www.sam.gov/ https://www.dla.mil/Troop-Support/Subsistence/Operational-rations/Military-Details/44398/

Both requirements (FRH and Flat Pack) would include storing the items for the contract period of five years.

The Government intends to make one award which shall consist of both the FRH and Flat Pack requirements. The contract shall be for a term of 60 months, Inspection and Acceptance will be FOB Origin.

1.2 OBJECTIVE:

The objective of this acquisition is to increase DLA's readiness response time in order to serve a growing demand for MREs and UGR-Es.

1.3 Schedule of Items:

Item FSC NSN Item Name Description price Quantity Total Management/storage Price of the FRH for MRE. Priced per

FRH

Manageme nt price for

COMPOSI

TE FOOD

PACKAGE

S, FRH

FRH is a water activated exothermic-chemical heater packaged in a plastic heating bag which functions as a container

3,936,600

Flat pack for UGR-E Price per flat pack

8970 8970- 01-724-

HEATER

MODULE,

Flat Pack

The flat pack for UGR-E is a foil tray with a heater and pull tab

160,000

Management/storage Price for the Flat for the UGR-E.

Priced per flat pack

Manageme nt price for

HEATER

MODULE,

Flat Pack

The flat pack for UGR-E is a foil tray with a heater and pull tab

160,000 https://www.dla.mil/Troop-Support/Subsistence/Operational-rations/Military-Details/44398/

Transportation price of VMI from current location to alternate site. Priced per mile per truck load.

FAILURE TO CORRECTLY AND COMPLETELY PROVIDE THE INFORMATION ABOVE

COULD LEAD TO YOUR COMPANY’S PROPOSAL BEING CONSIDERED NON-

RESPONSIVE AND IT WILL NOT BE EVALUATED FOR AWARD. PROVIDING THIS

INFORMATION IS NOT OPTIONAL, IT IS REQUIRED.

2.0 TYPE OF AWARD:

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity firm-fixed price commercial contract with the add on transportation support if required by Contracting Officer. This is for the manufacturing, storing, rotating, replenishment, distributing, and management of the DLA owned stock of FRHs for MRE and flat pack for UGR-Es for a period of five (5) years. This is known as Vendor Managed Inventory (VMI) of Government Owned Property.

The estimated dollar value of this solicitation is $2,575,217.80. The maximum dollar value will be $6,240,000.00 inclusive of all surge requirements. The guaranteed minimum for the entire contract will be ten percent (10%) of the estimated dollar value, which equates to $257,521.78. The Government’s legal obligation under this contract shall only be for that guaranteed minimum and shall be satisfied once purchases for that amount have been made.

The contract period will be for five (5) years or $6,240,000.00, whichever comes first.

CONTRACTOR RESPONSIBILITIES

If directed, the contractor shall take possession of DLA owned stock being warehoused by the current contractor and transport that inventory to an alternate site. The current warehouse location of the DLA owned VMI and future alternate site are both located within the Continental United States and the exact location addresses will be provided at the time of contract award. Each offeror shall provide a per mile transportation price in accordance with the above schedule of items to cover stated transportation costs.

The contractor must have storage large enough to accommodate approximately 4.5 trailer loads of FRHs for the MRE as well as 160K flat packs for the UGR-Es. All cost for transporting current dla owned inventory shall be included in transportation cost from above schedule of items.

The contractor will be required to manage and maintain / replenish the DLA owned VMI of FRHs and Flat Packs at their facility. The contractors facility must be located within the Continental United States.

This allows the FRH/Flat Pack vendor to develop an inventory rotation plan and manage that plan to assure the inventory is as fresh as possible for use in fulfilling FRH and Flat Pack orders from the MRE and UGR-E assemblers without compromising the shelf of the DLA owned VMI.

The associated costs with all management / storage / replenishment of the FRHs and Flat Packs shall be billed using the pricing submitted under the Management Price of the FRH and Flat Pack as indicated in the above schedule of items. The Contractor shall be responsible for the billing of management prices for both the FHRs as well as the Flat Paks on a monthly basis.

The following strategies shall be used based on Government discretion if the Government desires to eliminate all or a portion of the pre-positioned materials at any point during the period of performance or if the contract ends or is terminated:

If a follow-on contract is awarded to a contractor other than the incumbent, DLA TS may direct the outgoing contractor to transfer the existing DLA owned VMI held in stock to the new contractor.

If no follow-on contract is to be awarded: the contractor may be required to move the remaining DLA Owned VMI to an alternate site.

DELIVERY:

Delivery arrangement is between the contractor and the MRE and UGR-E assemblers. The FRH for MREs and Flat Packs for UGR-E contractor would serve as a supplier of FRHs and Flat Packs to the MRE and UGR-E assemblers. The contact information for the MRE and UGR-E assemblers will be provided at the time of award.

Contractors must avoid long lead times that impact delivery of the FRHs and Flat Packs.

STORAGE:

The contractor shall store the FRHs and Flat Packs in a climate controlled area in order to maintain shelf life.

All Contractor shipments must be palletized in accordance with good commercial practices.

Standard size: 40 x 48-inch pallet, but no higher than 60 inches is acceptable. The Contractor is responsible for the purchase of all pallets. Pallet retrieval and all associated costs shall be the responsibility of the Contractor. Cases are to be stacked according to industry standards but are to be skillfully built to allow the receiver to out-check/in-check all items on that pallet.

The Contractor(s) and all of its Subcontractors shall develop and maintain a sanitation program and a stored product pest management program for food and other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, part 110, Food Manufacturing Practices; the Federal Insecticide, Fungicide and Rodenticide Act; the Food, Drug, and Cosmetic Act of 1938; and all pertinent state and local laws and regulations. Records of inspections performed by the firm, Subcontractors, or recognized industry association shall be maintained and made available to the Government at the Contracting Officer’s request. The exact storage location of current vmi will be provided at time of award.

PRODUCTION AND REPLENISH LEAD TIME:

The Contractor will be provided with a 4 month production lead time to produce the initial 160k Flat Packs for the UGR-E’s. The 4 month production lead time for the Flat Packs will begin on the date of the contract award. For routine orders, the contractor will be required to replenish the full quantity of DLA Owned VMI for both the FRHs and Flat Packs on the day the DLA owned inventory is pulled to fill orders from the MRE and UGR-E assemblers. It is anticipated that in the event of a surge, the contractor will not be able to replenish the DLA owned inventory on the same day the DLA owned inventory is used and therefore, upon Contracting Officer approval, the contractor will be provided with a 60 day replenishment time to replenish the full quantity of DLA owned VMI FRHs and Flat Packs. The 60 days replenishment timeframe will commence on the day the Contracting Officer provides approval of the of the contingency surge event. The monthly management price for the FRH and flat pack will not be paid if the full DLA owned VMI quantity of FRHs and Flat Packs are not replenished within 60 days, unless approved by the Contracting Officer.

CONTRACTOR QUALITY AUDITS:

The Government may conduct formalized audits to verify the Contractor(s)’ adherence to the contract requirements and the quality of product being supplied under any resultant contract.

WARRANTIES:

The supplies furnished under the resultant contract(s) shall be covered by the most favorable commercial warranties the Contractor(s) gives to any customer for such supplies and the rights and remedies provided therein are in addition to and do not limit any rights afforded to the Government by Clause 52.212-4(o) “Warranty” contained in the solicitation.

REJECTION PROCEDURES:

If product is determined to be defective, damaged, compromised in any other manner or simply the wrong item delivered it may be rejected by the Authorized Receiving Official (ARO). All suspect items shall be segregated.

MANAGEMENT REPORTS:

The following Management Reports are to be sent to the Contracting Officer and the COR by the tenth day of the month reflecting the prior calendar month.

a. Monthly DLA Owned VMI Stock on-hand –Report to be in Excel format (by lot; case;

expiry date)

b. Monthly DLA Owned VMI Stock Distributed to MRE and UGR-E Assemblers – Report to be in Excel format and contain the following columns: date (month/day/year); Number of FRHs and Flat Packs distributed (each); Assemblers Name; Assemblers PO number; Invoice number; Estimated Date of Replenishment (month/day/year); Actual Date of Replenishment (month/day/year).

Contracting Officer Representative (COR) Inspections: The government reserves the right to visit the contractors’ facility at any time during normal business hours to verify quantity of DLA Owned VMI stock based on contractor reports. Government personnel including CORs possess a Common Access Card (CAC) for identity verification. Please indicate any other admission requirements.

PAYMENT PROCESS:

Invoice Submission

DFAS – Columbus Center Attn:

DFAS – CO-

P.O. BOX 182317

COLUMBUS, OH 43218-6260

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.

DFAS Columbus Center is the payment office for this acquisition.

PAYMENT:

Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph

(I) of Clause 52.212-4 “Contract Terms and Conditions – Commercial Items”, appearing in the section of this solicitation entitled “Contract Clauses”.

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.

Payment is currently being made in approximately ten (10) days after the receipt of a proper invoice;

however, payment is still subject to the terms and conditions of the Prompt Payment Act (31 U.S.C.

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

The Government intends to utilize Electronic Funds Transfer (EFT) to make payments under the resultant contract(s). However, the Government reserves the right to use a manual payment system, i.e., check, if the need arises. Refer to Clause 52.232-33 “Mandatory information for Electronic Funds Transfer Payment”.

CONTRACTOR PAYMENT INQUIRY SYSTEM - ACCESS AT:

https://piee.eb.mil/

CONTRACT ADMINISTRATION DATA:

A. Administration of the contract will be administered by DLA TROOP SUPPORT in Philadelphia.

B. Administration of the individual delivery order will be performed by a designated representative at the ordering activity. This includes approving product changes and delivery changes.

https://piee.eb.mil/

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

OTHER SUBMISSION REQUIREMENTS:

Subcontracting Plan

Please provide a Subcontracting Plain according to FAR 52.219-9. Subcontracting Plans are required to include the following fifteen (15) elements:

1. Separate percentage goals for using small business and each subcategory small business.

2. A statement of the total dollars planned to be subcontracted and a statement of the total dollars planned to be subcontracted to small business. For individual subcontracting plans only, a C.O. may require the goals to be calculated as a percentage of total contract dollars, in addition to the goals established as a percentage of total subcontract dollars.

3. A description of the principal types of supplies and services to be subcontracted and an identification of types of supplies or services planned for subcontracting to small business.

4. A description of the method used to develop the subcontracting goals.

5. A description of the method used to identify potential sources for solicitation purposes.

6. A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with small business and all subcategories thereof.

7. The name of an individual employed by the offeror who will administer the offeror’s subcontracting program and a description of the duties of the individual.

8. A description of the efforts the offeror will make to ensure that small business, have an equitable opportunity to compete for subcontracts.

9. Assurances that the offeror will include the clause at 52.219-8, Utilization of Small Business Concerns in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction) to adopt a plan that complies with the requirements of the FAR Clause 52.219-9.

https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032

10. Assurances that the offeror will (i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (iii) include subcontracting data for each order when reporting subcontracting achievements for IDIQ contracts intended for use by multiple agencies; (iv) Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS); (v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS; (vi) Provide its prime contract number, its unique entity identifier and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and (vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

11. A description of the types of records that will be maintained concerning procedures adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small businesses and subcategories thereof and to award subcontracts to them.

12. Assurances that the offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.

13. Assurances that the contractor will provide, within 30 days of contract completion, the C.O. with a written explanation if the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in the preceding paragraph.

14. Assurances that the contractor will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor; and

15. Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor.

The Subcontracting Plan will be evaluated on acceptable and unacceptable basis by the Small Business Administration Office (SBO), Small Business Administration (SBA), and the Defense

Contract Management Agency (DCMA).

Product Demonstration Model (PDM) Information:

The Government requires Product Demonstration Models (PDMs) for each item while the solicitation is open. The PDMs must be received no later than the time set for closing of offers. Offers will be evaluated to determine compliance with all characteristics listed for evaluation in FAR 52.212-2 herein and will be based off of mil specs. Failure to furnish this information and PDMs by the time specified in the solicitation may be cause for rejection of the proposal. The offer may be rejected under the late offer clause or may be rejected because additional submissions will be tantamount to a submission of a new offer. A cover letter may accompany the offer to set forth any information you wish to bring to the attention of the Government.

Product Demonstration Models (PDMs) are to be submitted at no expense to the Government and must be received prior to the time set for closing of offers. PDMs will become the property of the Government and will not be returned to the offeror. Failure to submit PDMs may result in rejection of offer of that item.

a. The PDM is the standard to which all production under any contract resulting from this solicitation must conform. Offerors are cautioned that samples produced in test facilities may not be comparable to the product produced on a production line, which result in rejection of the product.

Also major changes in production methodology or packaging, such as implementation of new technology, may result in production that does not meet the production standard, which would require the submission and evaluation of new PDMs. Should the contractor at any time plan to, or actually produce the product using different raw material or process methodologies from the approved Product Standard, which result in a product non-comparable to the Product Standard, the contractor shall arrange for a Replacement PDM approval. In any event, all product produced must meet all requirements of this document including Product Standard comparability.

b. The Government will evaluate the PDMs for compliance with the item descriptions and product specifications. PDMs must conform to all specification/production description characteristics.

Failure of models to conform to the specification may result in rejection of offer for that item.

Product offered shall conform to all packaging, labeling, and packing requirements as well as analytical requirements. The government shall not accept product from any resultant contract which does not conform to all requirements.

c. Vendors shall have one opportunity to correct any deficiencies found during the evaluation of PDMs submitted as part of the initial proposal and have their PDM pass evaluation. Vendors are advised that if they have any unacceptable PDMs after the second evaluation, that item will not be considered for award. The Government shall require each PDM to be rated as “Acceptable”.

Revised or alternate PDMs submitted during negotiations shall be evaluated for the same criteria detailed above.

d. PDMs shall be submitted as follows:

A total of 6 samples of PDM items shall be submitted to:

COMBAT CAPABILITIES DEVELOPMENT COMMAND (DEVCOM) SOLDIER

CENTER

Attn: Joe Jordan/Meg Walker/Julie Edwards Bldg 16, Room 116 FCDD-SCD-SCJ

10 GENERAL GREENE AVENUE

NATICK, MA 01760-5000

Note: The end or side of the box should have a sticker, or be printed on the box, with the following information:

Product Demonstration Model Sample Solicitation Number Product Identity Lot # Company Name and Address Point of Contact Name and Phone Number

Inside the case, along with the samples, should be the required paperwork, fully identifying the product, solicitation number, contract number (if applicable), whether the item is an Initial, Replenishment, or Replacement PDM, USDA certification, any test results available, or any other information to assist in identifying the product and conducting the evaluation.

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their behalf. In those instances, the offeror will send written notification of subcontractor submissions to Natick and such PDMs must be clearly labeled for which offeror they are being submitted. This documentation must also be part of their proposal. PDMs will not be evaluated until written notification from the offeror is received. This consideration does not relieve the offeror of the full responsibility for submitting all PDMs in a timely manner. Late submissions of PDMs may be the basis for rejection of the proposal.

The Offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to include: item, source of supply name and address, and item lot number.

Note: Offerors may submit PDMs to Natick for evaluation any time after solicitation issuance.

i. Late submissions of PDMs may be the basis for rejection of the proposal.

ii. The PDMs required in this part of the solicitation, which are submitted to Natick, must have any required analytical results included as part of the offer.

e. Every 12 months, the Government Quality Assurance Representative (GQAR) will randomly select 5 replenishment samples for Natick from the DLA owned inventory at origin for compliance testing at Natick. The contractor will also use samples from this same lot as the production standard.

i. Replenishment PDMs are defined as product samples used to reestablish the product standard due to depleting the current PDM stocks or as required by schedule.

Replenishment PDMs will be evaluated for appearance, odor, flavor and texture, must be equal to or better than the existing product standard for all characteristics, and must meet the requirements for those characteristics in the appropriate product technical requirements document or specification(s). Upon acceptance the replenishment PDM will become the new product standard.

ii. If a Replenishment PDM is rejected by Natick, the next conforming production lot will be submitted by USDA as a Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and any subsequent Resubmittal lots cannot be shipped by the manufacturer without an acceptable evaluation result from Natick.

f. If the contractor wishes to establish a new standard, that new standard would be called a

Replacement PDM.

Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to different ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the same submittal process as the initial PDM. At no time will there be two standards for the product.

g. In the event that an offeror’s PDM was found technically acceptable, but not offered the award, the offeror may present the remainder of the PDM lot, to the Government for purchase at the awarded price. The Government retains the option to purchase the remainder of the lot at the order price.

h. If an offeror already holds a previously acceptable PDM for the line item they intend to offer on, they can reference that PDM in their technical proposal. For referenced PDMs, the offeror must provide; the name of the component, lot number, the date when the PDM was accepted, and contract or solicitation number the PDM was accepted under. Additionally, the offeror must provide the written letter or email notification by DLA Troop Support that notified the offeror of that PDM’s acceptance. Initial, Initial Revised, Revised, Replenishment, Replacement, and New PDM results are all acceptable forms of PDMs that can be referenced as a part of an offeror’s Technical Proposal. Periodic Review results of PDMs do not constitute as previously accepted PDMs that can be referenced as a part of the Technical Proposal.

CAUTION NOTICE:

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.

The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for any proposal preparation costs or any other costs the contractors may have incurred.

In accordance with FAR 52.225-25, each offeror must certify that the offeror, and any person owned or controlled by the offeror, does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its ORCA certifications and/or by submission of an offer, make the above certification (See FAR 52.212-3).

The Government will not be liable for expenses incurred by an offeror prior to contract award.

Offerors are cautioned that remarks and explanations provided in response to questions received do not change the terms of this solicitation unless the solicitation is amended in writing.

SYSTEM FOR AWARD MANAGEMENT.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

“Commercial and Government Entity (CAGE) Code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

http://www.sam.gov/

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process.

(4) The Government has marked the record “Active”.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse services:

__x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

___x (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved].

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C.);

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

__x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117-238).

___ (10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Act Orders – Prohibition (DEC 2023) (Pub. L. 115-390, title II).

___(ii) Alternate I (DEC 2023) of 52.204-30 _x__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note).

_x__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

___ (14) [Reserved].

___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

(15 U.S.C. 657a).

___ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (17) [Reserved] ___ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 _x__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.

637 (d)(2) and (3)).

___ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 _x__ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (JAN 2025) of 52.219-9 ___ (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (23) 52.219-14, Limitations on Subcontracting, Class Deviation 2021-O0008

(FEB 2023) (15 U.S.C. 637(a)(14)).

__x_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i))002E ___ (25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service-

Disabled Veteran-Owned Small Business (SDVOSB) Concerns Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

___ (26)(i) 52.219-28, Post Award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

___ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (OCT 2022) (15 U.S.C. 637(m)).

___(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__x__(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

__x_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_x__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

___ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

___ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 13126).

___ (ii) Alternate I (FEB 1999) of 52.222-26.

_x__ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (36)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36.

___ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_x__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__x_ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

___ (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive

Order 12989). (Not applicable to the acquisition of commercially available https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

___ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.

7671).

___ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).

___ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

___ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

___ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

___ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

_x__ (48) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I [Reserved] ___ (iii) Alternate II (JAN 2025) of 52.225-3.

___ (iv) Alternate III (FEB 2024) of 52.225-3.

___ (v) Alternate IV (OCT 2022) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_x__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021) ___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__x_ (59) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management

(OCT 2018) (31 U.S.C. 3332).

___ (60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901

_x__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate. ]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O.

13706).

_x__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

___ (10) 52.226-6 Reporting Requirement for U.S.-Flag Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g))

52.204-8 Annual Representations and Certifications.

Substitute the following paragraphs (c)(1)(xiv) and (xv) for those paragraphs in the provision at

Federal Acquisition Regulation (FAR) 52.204-8:

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION 2025-

O0003)

(c) * * *

(1) * * *

(xiv) [Reserved]

(xv) [Reserved]

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

Substitute the following paragraph (d) for that paragraph in the provision at FAR 52.212-3:

OFFEROR REPRESENTATIONS AND…