SPE30025RX022.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000211185

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE300-25-R-X022

5. SOLICITATION NUMBER

2025 NOV 20

6. SOLICITATION ISSUE

DATE

KATHRYN RASKAY DKR0087

a. NAME

Phone: 445-737-4130

b. TELEPHONE NUMBER (No Collect calls)

2025 DEC 10

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

312111NAICS:

1400SIZE 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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CONTINUED ON NEXT PAGE

PAGE 3 OF 70 PAGES

SPE300-25-R-X022

BLOCK 8 (Continued):

OFFER DUE DATE/ LOCAL TIME: [12/10/2025] 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:

Paul Le, Paul.Le@dla.mil Kathryn Raskay, Kathryn.Raskay@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 each authorized negotiator.

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Form

Statement of Work

Caution Notice

THE CONTENT AND STRUCTURE OF SOLICITATION SPE300-25-R-X022 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.

CONTRACTOR CODE OF BUSINESS ETHICS (NOV 2021)

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

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SPE300-25-R-X022

Form (CONTINUED)

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 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 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 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 3?

[ ] Indicate remittance address and Unique Entity Identifier in block 17B?

[ ] 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 registration from System for Award Management (“SAM”) website?

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

[ ] Fill out Vendor Name, CAGE Code, and Unique Entity Identifier for Excel Spreadsheet cell D2 in Attachment 1 for SOI (Schedule of Items)?

[ ] Checked box stating you intend or do not intend to use one or more facilities as a http://dbids.dmdc.mil/

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SPE300-25-R-X022

Form (CONTINUED) 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 Third party warehouse audit (i.e. State and Federal sanitation inspection) or independent third-party certifying company audit inspection report(s) / certificate. For additional information/requirements see Quality Requirements section, herein?

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

[ ] Completed FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

[ ] Completed FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

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.

IMPORTANT: Please be aware that any proposal submitted in response to this solicitation MUST comply fully with its terms and conditions. All proposals must contain all pertinent information required by the solicitation. Said information will be reviewed by the Contracting Officer for completeness and accuracy. Providing an incomplete proposal and/or inaccurate information may result in the proposal being deemed technically unacceptable by the Contracting Officer. If such a determination is made, the technically unacceptable proposal will be immediately removed from competition and therefore ineligible for the award.

**THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT CONFORMS TO THE

SOLICITATION REQUIREMENTS.

If you have any questions, please contact the Contract Specialist or Contracting Officer that is associated with this procurement.

Contact information is provided below for your convenience.

Contract Specialist: Kathryn Raskay - Kathryn.Raskay@dla.mil

Contracting Officer: Paul Le - Paul.Le@dla.mil

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I. INTRODUCTION

A. Defense Logistics Agency (“DLA”) - Troop Support (“Agency”) intends to enter into a Simplified Indefinite-Delivery Contract (SIDC) with a commercial firm(s) to supply Canned and Bottled products to Department of Defense (“DoD”, or “Troop”) customers in the State of North Dakota. 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.

H05 Bilateral Simplified Indefinite-Delivery Contract (SIDC) (SEP 2021)

(1) The Government will award a bilateral SIDC resulting from this request for quote (RFQ) to the responsible offeror whose quote conforms to the terms and conditions in the RFQ and will be most advantageous to the Government, after considering price and other factors. The awardee shall sign the SIDC, which creates a binding contract. The contractor shall return the signed SIDC to the contracting officer.

(2) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the order, regardless of destination.

(3) Price evaluation will be based on the price quoted for the estimated annual demand in the schedule.

(4) Once the guaranteed minimum quantity stated in the SIDC is met, the Government is under no obligation to place additional orders. The Government may place additional orders for the period of performance stated in the SIDC, effective from the award date of the SIDC. All additional orders will reference the SIDC, which documents the terms and conditions applicable to each order. The SIDC states the maximum value of each task or delivery orders under the SIDC. The maximum value of the SIDC will not exceed the SAT; or, for SIDCs using FAR Subpart 13.5, the thresholds in 13.500(a).

B. The aforementioned zone is comprised of (1) Group in the area described above. Group 1 consists of DoD North Dakota Troop customers located at MAFFO Minot Air Force Base. The Agency intends to award one contract. The offeror must support all of the customers for which they make an offer. Offerors are required to propose on all items in the Schedule of Items on which it offers. Failure to do so may result in its proposal being deemed technically unacceptable and therefore excluded from further consideration for award. The Contracting Officer is not obligated to initiate negotiations. Each offeror shall submit its most competitive proposal for Group 1. The proposal submitted shall be responsive to all of the Solicitation's requirements and free from any deficiencies.

C. This solicitation is being issued as a Other than Full and Open Competition. NAICS is 312111 and size standard is 1400.

D. This Solicitation utilizes the Lowest Price Technically Acceptable (“LPTA”) Source Selection Process. This solicitation utilizes FAR Part 13 Simplified Procedures.. The length of the contract is 24 months (2 years).

E. A successful offeror(s) will be required to manufacture, bottle, and deliver a variety of Pepsi Canned and Bottled items to DLA 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 manufacturer and distributor of a variety of Pepsi Canned and Bottled 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 Pepsi Can and Bottle 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 manufacturer and distributor of Pepsi Canned and Bottled items. In order to determine whether an offeror meets the technical requirement of being a current and functioning commercial Pepsi Can and Bottle manufacturer an distributor, the Contracting Officer will require an offeror to provide Submit Third party warehouse audit (i.e. State and Federal sanitation inspection) or

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SPE300-25-R-X022

Form (CONTINUED) independent third-party certifying company audit inspection report(s) / certificate for each place of performance identified in the offeror's proposal. 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 manufacturer and distributor of Pepsi Cans and Bottles. 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. Any potential awardee will be required to meet any modified contract requirements for future audit reports/certifications under the contract(s).

F. Any award resulting from this Solicitation will be a Simplified Indefinite-Delivery Contract (SIDC) with firm-fixed-price that provides 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 (FAR 16.504(a)).

II. EFFECTIVE PERIOD OF CONTRACT/TIERS

The contract period of performance will be from 02/22/2026 through 02/21/2028. The contract will not exceed twenty-four months or $350,000.00 aggregate value, whichever occurs first.

The 2-year contract period is divided into two 12-month Tier periods. Each Tier affords offerors an opportunity to provide different Unit Prices to the items on the schedule of items.

The duration of the contract is for a term of 24 months, with two separate pricing tiers.

The first pricing tier shall be for an 12-month period (February 22, 2026 through February 21, 2027).

The second pricing tier shall be for the following 12-month performance period (February 22, 2027, through February 21, 2028). The pricing will remain firm- fixed for each pricing tier.

III. ESTIMATED DOLLAR VALUE

The following chart includes the 24-month estimated dollar value and the contract maximum.

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

IV. CONTRACT START-UP PERIOD

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 catalog/ordering/invoice testing (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 contract 24-months performance period.

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SPE300-25-R-X022

Form (CONTINUED)

1. After contract award, there may be instances when new customers request support of their Canned and Bottled products requirements. Additional DoD customers that request DLA Troop Support Canned and Bottled products 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 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 Canned and Bottled Soda requirements.

V. 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

(a) If a customer seeks to order Soda Cans and Bottles items 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 20 days to source the item, obtain a stock number from the Agency (in the event that one does not already exist), 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. 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. 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

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SPE300-25-R-X022

Form (CONTINUED) remain in effect for all subsequent ordering periods.

VI. BERRY AMENDMENT

A. The Berry Amendment, contained in Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.225-7012 and included in this solicitation, is applicable. This regulation mandates that all food items, including Soda Cans and Bottles items, provided under the instant solicitation and resulting contracts be produced and manufactured in the United States.

VII. 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 Soda Cans and Bottles requirements. Additional DoD and Non-DoD federal government customers that request DLA Troop Support fresh Soda Cans and Bottles items 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 contract prices applicable to that distribution zone/region.

VIII. 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.

IX. 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

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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).

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 transaction set.

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.

X. ORDER PLACEMENT and ADJUSTMENTS/CANCELLATION OF ORDERS

A. The minimum order requirement for any resultant contract is $50.00. 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. Once submitted through the applicable electronic ordering system (i.e. STORES), an order may be cancelled by a customer up to 1 day before scheduled delivery via written (e.g. Email) notification to the Contractor and the Contracting Officer. Less http://www.dla.mil/TroopSupport/Subsistence/Doing-Business-with-Sub/STORES/ http://www.transactionservices.dla.mil/daashome/pki_contacts.asp http://www.transactionservices.dla.mil/daashome/pki_contacts.asp

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Form (CONTINUED) than 1 day 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, within less than 1 day, will be dealt with in an equitable manner by the Contracting Officer, who has the ultimate authority and discretion to resolve said issues

Adjustments - For procedures discussing adjustments to order, refer to (Attachment 4 and 5 STORES manuals).

XI. ITEM AVAILABILITY

A. Contractors must have the ability to provide to the customers a range of Canned and Bottled Soda products 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.

B. 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.

XII. 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, or with color-coded twist ties. Contractors that do not use open dating will provide a product code number key/twist tie color listing. The product code number key/color coded twist tie listing shall explain the actual date of production or processing. After award of contracts under this solicitation, the successful awardee shall provide a copy of key/color codes listing to each destination's receiving officer and each destination's inspection agency with prior to the first delivery.

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.

XIII. DELIVERY INSTRUCTIONS

A. Contractors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. 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 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 XV below. All items will be delivered to customer locations free of damage and with all packaging and packing intact. The Contractor shall remove all excess pallets used for delivery from the delivery point. See Delivery Schedule.

B. Customers' delivery schedules (days and times), routes, and stop-off sequences will be coordinated and verified with

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Form (CONTINUED) 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.

D. The Contractor shall ensure that the personnel loading and delivering the product provide professional, prompt, and efficient service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the Contractor.

XIV. INSPECTION AND ACCEPTANCE

A. Unless otherwise directed by the KO, the Inspection and Acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the military Food Inspector\Public Health Inspector\Contracting Officer or his representative. All deliveries are subject to Public Health\Military Food Inspections. In addition, the delivery vehicles may be inspected for cleanliness and condition.

The Food Service Officer (and/or) Authorized Receiving Official (ARO) at each delivery point (are/is) responsible for coordinating or conducting the inspecting and accepting of products as they are delivered. The invoice/delivery ticket shall not be signed prior to inspection of the product. All overages, shortages, and/or returns are to be annotated on the delivery ticket by the receiving official and print and signed by the truck driver. A signature on the delivery ticket/invoice denotes acceptance of the product subject to inherent defects within 24 hours after delivery. If directed by the KO and or requested by the customer, the Contractor's delivery vehicles will stop and report to the Public Health\Military Food inspection points as designated for inspection of products before proceeding to any other designated delivery point.

B. The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/ returns are to be noted on the delivery ticket by the receiving official and truck driver. The authorized Government receiving official's signature and printed name on the delivery ticket is required for acceptance of the product. All signatures MUST be legible along with a printed name and title block. Failure to adhere to this requirement may result in disputes going against that party as its failure can severely limit the Contracting Officer's judgment.

C. Delivery Ticket and related information. No electronic invoice may be submitted for payment until acceptance is verified.

1. Troops: The Contractor shall provide three copies of the delivery ticket with the shipment. The first copy is provided to the receiving official (i.e. the customer) who will use the delivery ticket as the new receipt document. The second copy will be retained by the Contractor (or its agent) for invoicing and the final copy will be forwarded (either as the driver leaves the base or faxed/emailed with 24 hours of delivery) to the Fleet Logistics Center “FLC” or Fleet

Industrial Supply Center “FISC” located at the prospective Base.

XV. AUTHORIZED RETURNS

A. The Contractor shall accept returns under the following conditions:

1. Products shipped in error.

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Form (CONTINUED)

2. Products damaged in shipment.

3. Products with concealed or latent damage.

4. Products that are recalled.

5. Products that do not meet shelf-life requirements.

6. Products that do not meet the minimum quality requirements as defined for the items listed in the schedule.

7. Products delivered in unsanitary delivery vehicles.

8. Quantity excess as a result of catalog error by the Contractor.

9. Products that do not comply with DFARS 252.225-7012 Preference for Certain Domestic Commodities (Berry Amendment).

10. Any other condition not specified above that is deemed by the customer to be valid reasons for return, confirmed by the Contracting Officer within his/her discretion.

XVI. REJECTION/RETURN PROCEDURES

A. In the event an item is returned for any of the reasons cited in Section XVI, the delivery ticket/invoice shall be annotated as to the item(s) rejected/returned. These items shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment. Replacements will be authorized based on the customer's needs.

On an as-needed basis determined by customer need, same day re-delivery of items that were previously rejected shall be made, so that the customer's food service requirements do not go unfulfilled for that day. The re-delivered items will be delivered under a separate invoice utilizing the same call number, contract line item number, and purchase order number for the discrepant line. These re-deliveries will not constitute an emergency order requirement.

B. In the event a product is rejected after initial delivery is made, the Contractor will pick up the rejected product or make other disposition arrangements deemed acceptable by the customer. Credit due to the ordering activity as a result of the rejected product being returned, will be handled through a receipts adjustment process in STORES. If the Contractor has already been paid for the product, a claim will be issued through DLA TROOP SUPPORT's financial system and the Contractor shall promptly pay the claimed amount. In all cases, one (1) copy of the credit memo is to be given to the customer and one (1) copy of the credit memo is to be sent to the DLA TROOP SUPPORT Contracting Officer.

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. However, failure to promptly inspect or accept supplies shall not relieve the contractor from responsibility, nor impose liability on any of the customers, for nonconforming supplies. See FAR clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph 1.

XVII. INVOICING

A. Each delivery will be accompanied by the Contractor's delivery ticket/invoice. The customer shall sign all copies of the invoice/delivery ticket. Any changes must be made on the face of the delivery ticket/invoice; attachments are not acceptable. See Section XIV, para. C.

B. No paper invoices shall be submitted to DFAS for payment. For all orders placed via STORES, invoicing for payment is to be filed electronically using EDI transaction set 810 (see https://www.troopsupport.dla.mil, Select supply chains: Select Subsistence, Select Information: Select Stores & EDI Requests for EDI guidelines).

D. All invoices submitted by the Contractor must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior http://www.troopsupport.dla.mil/ http://www.troopsupport.dla.mil/

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Form (CONTINUED) to its submission. The Contractor is required to ensure the accuracy of its invoices. The Reconciliation Tool in STORES provides the Contractor the ability to ensure said accuracy.

E. All internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The Contractor will be responsible for correction and re-submission.

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

G. Any manually keyed, or emergency, orders must contain the word “Emergency” in the Purchase Order field when the invoice is submitted for payment. In addition, the CALL number and contract line item number (CLIN) will be entered as “9999” on the invoice. Failure to follow this procedure may result in the rejection of the Contractor's invoice.

H. For catch weight items, standard rounding methods must be observed, i.e. less than .5 is rounded down;

greater than or equal to .5 is rounded up. All weights must be rounded to whole pounds using standard rounding methods. Any line submitted for other than whole numbers will be rejected and require correction and re-submission by the Contractor. Note: Currently, no catch weight items apply to this Solicitation. This does not preclude the possibility that catch weight items may be added in the future for certain items.

I. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard rounding methods must be 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.

J. Although invoices must be submitted electronically via an 810 Electronic Invoice; the following address must appear in the “Bill To” or “Payment Will Be Made By” block of the Contractor's invoice.

DFAS - Columbus Center (SL4701)

Attn: DFAS-BVDP P. O. Box 369031 Columbus, OH 43236-9031

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

1. Contract Number

2. Call or Delivery Order Number

3. Purchase Order Number

4. DoD Activity Address Code (DODAAC)

5. Contract line item numbers (CLINs) listed in numeric sequence (CLIN order)

6. Item nomenclature

7. Local Stock Number (LSN) or National Stock Number (NSN), as applicable

8. Quantity purchased per item in DLA Troop Support's unit of issue

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

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K. Invoice transactions may be submitted to DLA Troop Support daily. All internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The Contractor will be responsible for correction and re-submission.

L. Invoice Reconciliation. The following tools have been developed to provide an additional method for the Contractor to ensure the accuracy of its own internal accounting process.

1. For STORES: Vendor Reconciliation Tool - In an effort to improve the payment process, Contractors are required to view what the customer has or has not receipted via the DLA Troop Support STORES website: https://www.stores.dla.mil/ stores_web/ Admin_Logon.aspx. The Contractor will have access to “un-reconciled” information, i.e., the invoice does not match the receipt because of the quantity and/or price discrepancy or because the customer has not posted a receipt. Both invoice information and receipt information will be available for review on the website by the Contractor. While the Contractor will not have the capability to update customer receipt information, update capability will be available for un-reconciled invoice information for 120 days. It is the Contractor's responsibility to ensure accurate invoices.

XVIII. FILL RATE

A. Order fill rates may need to be calculated by the Contractor on an on-time, per order basis and tracked for monthly submission to the Contracting Officer/Account Manager. To ensure accuracy in the Contractor's reported fill rates, the Government will utilize its own internal data for comparison purposes. The fill rate shall be calculated as follows and shall not include mis-picks, damaged packages or rejected items (No other method of calculating fill rate will be accepted):

Packages accepted * 100 = fill rate

% Packages ordered

B. Definitions:

1. Packages Accepted: Product that the customer has received and receipted not including damaged packages, rejected items, or mis-picks.

2. Packages Ordered: Product ordered by a customer through STORES.

C. Contractor is required to maintain at a minimum a 97.0% fill-rate.

D. The Contractor may need to submit a monthly report, by customer, to the DLA Troop Support Contracting Officer with the following information:

1. Fill Rate

2. List of all items that were Not in Stock, Returned, Damaged, and/or Mis-picked

XIX. HOLIDAYS

A. All orders are to be delivered on the specified delivery date, except for Federal holidays, as outlined below. When a http://www.stores.dla.mil/stores_web/ http://www.stores.dla.mil/stores_web/

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Form (CONTINUED) scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless otherwise agreed to by the customer.

New Year's Day Labor Day Martin Luther King Jr's Birthday Columbus Day Presidents' Day Veterans Day

Memorial Day Thanksgiving Day

Juneteenth Day Christmas Day

Independence Day

B. Note: Holidays falling on a Saturday are normally observed on the preceding day (Friday); holidays falling on a Sunday are normally observed on the following day (Monday).

XX. EMERGENCY ORDERS

Troop requirements can accelerate and surge during wartime, civil emergencies, natural disasters, adverse weather or other conditions. Therefore, last-minute ordering may take place as necessary to fulfill customers' requirements.

For Troop customers, the contractor will provide up to two emergency orders per month per customer at no additional cost to the Government.