SPE302-15-R-S004_29Jun2015.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000027484

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE302-15-R-S004

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE:

2015 JUNE 29

Amy Wong

a. NAME TELEPHONE NUMBER (No Collect calls)

Phone: 808-474-2944 b.

2015 JULY 29

8. OFFER DUE DATE/

Hawaii Standard Time

9. ISSUED BY CODE SPE302

DLA TROOP SUPPORT PACIFIC

440 FULLER WAY, BLDG 280

PEARL HARBOR HI 96860-4967

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % 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

311991NAICS:

SIZE STANDARD: 500 Employees

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

04:00 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

DO-C9 X

See Block 9 above

SL4701

DEF FIN AND ACCOUNTING SVC

BSM

PO BOX 369031

COLUMBUS OH 43236-9031

USA

CAGE CODE:______________

Full Line of Grade USDA #1 or Better Fresh Fruit and Vegetables (FF&V), Department of Defense (DoD) Ship Customers, Oahu, in the State of Hawaii

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE302-15-R-S004

PAGE 3 OF 52 PAGES

STATEMENT OF WORK (SOW)/ REQUEST FOR PROPOSAL (RFP) ATTACHMENT LIST:

Attachment 1: Schedule of Items Attachment 2: Customer List Attachment 3: Request for New Items Attachment 4: STORES Vendor Catalog Manual Attachment 5: STORES Reconciliation Vendor EDI Guide Attachment 6: EDI Implementation Plan Attachment 7: Question Form

CONTINUATION OF BLOCKS ON THE SF FORM 1449:

QUESTIONS PERTAINING TO THIS SOLICITATION SHALL BE SUBMITTED IN WRITING ON THE QUESTION FORM (ATTACHMENT 7), NO LATER THAN JULY 17, 2015 AT 4:00 P.M. HST.

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 (SAM) Database. Offeror’s assigned DUNS Number:

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

BLOCK 31b. (CONTINUED)

Name of Contracting Officer: Paul S. Cunanan (subject to change)

PRE-PROPOSAL CONFERENCE

A preproposal conference will be held to explain the requirements of this solicitation. No questions from the attendees will be entertained in the Pre-Proposal Conference. Prospective offerors are encouraged to attend, however attendance is not mandatory or a requirement to submit a proposal.

To arrange attendance, prospective offerors are requested to contact via email:

Name: Amy Wong copy Paul Cunanan E-mail addresses: amy.wong@dla.mil copy paul.cunanan@dla.mil

Only two (2) attendees per company are allowed.

The date, time, and location of the conference are provided below:

Date: July 07, 2015 Time: 1:30 PM HST Location: Military Family Support Center

2nd Floor, Training Room 262 4827 Bougainville Drive Honolulu, HI 96818

*Note: VISITOR PARKING FOR CONFERENCE. The Military Family Support Center is located off-base directly behind the Ruby Tuesday Restaurant. There is ample parking around the center, however, DO NOT park in reserved stalls. Map of the preproposal conference site can be provided upon request.

CONTINUED ON NEXT PAGE

mailto:amy.wong@dla.mil mailto:paul.cunanan@dla.mil

PAGE 4 OF 52 PAGES

Prospective offerors are requested to submit questions regarding the solicitation in writing via electronic mail to amy.wong@dla.mil copy paul.cunanan@dla.mil no later than 4:00 PM HST on July 06, 2015 to allow their inclusion in the pre-proposal conference agenda. Questions received after the conference will be addressed accordingly.

Offerors are cautioned that remarks and explanations provided at the conference shall not change the terms of this solicitation unless the solicitation is amended in writing.

CAUTION - NOTICE TO OFFERORS

1. Read the Statement of Work (SOW) to ensure 100% understanding of the solicitation requirements prior to submission of a proposal.

2. Offerors shall read and follow instructions listed in the provision titled “ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS---COMMERCIAL ITEMS (APR 2014).”

3. Read “52.212-2 Evaluation – Commercial Items (OCT 2014) – FAR” to ensure 100% understanding of how proposals will be evaluated.

4. Proposals shall be submitted via electronic mail (email) to amy.wong@dla.mil copy paul.cunanan@dla.mil in accordance with the provision title: “ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS---COMMERCIAL ITEMS (APR 2014).”

*** CHECKLIST - DID YOU REMEMBER TO? ***

_1. Fill in Block 17a, of SF Form 1449, Page 1?

2. Fill in Block 17a above (Continuation from SF 1449, Page 1)?

3. Indicate remittance address and DUNS Number, block 17B above?

4. Sign Block 30a, name in Block 30b, and date in Block 30c of SF Form 1449?

5. Sign and return any/all amendments?

6. Return one (1) complete and signed copy of the SF1449 solicitation [all pages)?

7. Checked box stating you intend or do not intend to use one or more facilities as a Place of

Performance under FAR 52.215-6 (Place of Performance)?

8. Fill out all certifications and representations in FAR 52.212-3 (Offeror Representation and

Certifications – Commercial Items) or submit a copy of your System for Award Management (SAM) Representations and Certifications(REPS & CERTS)?

9. Checked boxes stating whether you are a corporation that has any unpaid federal tax liability and or is a corporation that was convicted of a felony criminal violation under DFARS provision 252.209-7992 (Representation by corporation regarding an unpaid delinquent tax liability or a felony conviction under any federal law – Fiscal Year 2015 Appropriations)

10. Submit Delivered Prices (EXCEL Spreadsheet Column G) and Distribution Price Per Pound (EXCEL Spreadsheet cell "H2") for every item listed in Attachment 1 - Schedule of Items (on all EXCEL Spreadsheet Tabs)

11. Fill out Vendor Name in the Attachment 1 - Schedule of Items, Excel Spreadsheet cell “B3”on all EXCEL Spreadsheet Tabs?

RAPIDGATE

"Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate 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 RapidGate clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate 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.

CONTINUED ON NEXT PAGE

mailto:amy.wong@dla.mil mailto:paul.cunanan@dla.mil mailto:amy.wong@dla.mil

PAGE 5 OF 52 PAGES

If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required.

For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com.

Please note that RapidGate is currently a requirement for access to some military bases; however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement."

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

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http://www.rapidgate.com/

PAGE 6 OF 52 PAGES

STATEMENT OF WORK (SCOPE)

I. INTRODUCTION

A. DLA TROOP SUPPORT PACIFIC intends to enter into an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a commercial firm to supply a full-line of USDA No.1 or better Fresh Fruit and Vegetable (FF&V) to the Department of Defense (DoD) Ships customers, Oahu, in the State of Hawaii. Department of Defense ships include United States Ship (USS) ships, boats, and submarines, and United States Naval Ship (USNS) ships.

B. This solicitation consists of DoD Ships customers. Offerors are required to offer on all items in the Schedule of Items; failure to do so may result in exclusion from award consideration.

C. This solicitation is being issued as 100% small business set-aside. It utilizes the Lowest Price Technically Acceptable Source Selection Process.

D. Any award made against this solicitation will result in a Fixed Price with Economic Price Adjustment (FP with EPA), Indefinite Delivery, Indefinite Quantity (IDIQ) contract. The IDIQ contract will provide for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor (reference FAR 16.504 (a)).

II. EFFECTIVE PERIOD OF CONTRACT

A. The resultant contract may be for a total of 4.5 years (one [18 month] base period plus two [18 month] option periods) commencing on the effective date of the contract. The base period and the total length of the contract does not include the 35-day start-up period, see (Paragraph IV. Requirements).

B. For evaluation purposes only, the base term of the resultant contract (18 Months), and the term of any option (18 Months), if exercised under the Contract, will not exceed 18 months for the option period. The total length of the contract will not exceed fifty-four (54) months.

C. Exercising of an option is not automatic and depends upon such conditions as acceptable contractor performance in meeting contract specifications and verifying an ongoing demand for this requirement.

III. GUARANTEED MINIMUM/MAXIMUM

A. The guaranteed minimum on the resultant contract is $278,000 (applies to the base period only).

B. The maximum ceiling on the resultant contract is $18,000,000.

IV. REQUIREMENTS

Start-up-Period: The Contractor’s startup period will take place prior to the first order and is not included in the 18-month period of the base period. The Contractor will be granted up to a maximum of thirty-five (35) calendar days (after contract award) to have a fully functional distribution account, including all EDI transactions for all customers covered by this contract. The 35 days is not intended to be part of the 18-month period of the base period.

V. CATALOGS

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

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A. Catalog Maintenance

1. New Items

(a) Prior to commencement of the first order, DLA TROOP SUPPORT PACIFIC, the customer and the contractor will collaborate to identify items not found in the Schedule of Items which are to be added to the ordering catalog. Neither the contractor nor customer is permitted to add a new item to the catalog without initiating a new item request to the Contracting Officer.

(b) After ordering commencement, if a customer desires to order a Fresh Fruit and Vegetable (FF&V) item that is not part of the ordering catalog, the contractor will be allowed a maximum of twenty (20) days to source the item, obtain a stock number from DLA TROOP SUPPORT PACIFIC (if required) and add the item to the ordering catalog via an 832 catalog transaction. These items should then become a permanent part of the contractor’s inventory, dependent upon availability, after the Contracting Officer’s determination of fair and reasonable pricing. The contractor shall utilize the Contracting Officer provided form when requesting all item approvals (additions and/or changes). The form is mandatory and is Attachment 3.

(c) The successful awardee shall assume the responsibility of introducing new produce items to the customers, as well as showing cost effective alternatives to their current choices.

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.

The final proposed price for each item in the Schedule of Items will be the catalog price during the first week of customer ordering.

(b) Catalog Price Changes: Once an item is listed on the ordering catalog, the contracting officer will make on-going price reasonableness determinations. In accordance with clause Economic Price Adjustment –Actual Material Costs for Subsistence Delivered Price Business Model, contractors are permitted to submit a weekly EPA for items found on the catalog. For each item the contractor is requesting a price change, the contracting officer will conduct a separate price reasonableness determination. The item will be removed from the catalog until a fair and reasonable price can be determined by the Contracting Officer.

(c) Catalog Additions: Before an item is added to the catalog, contractors are required to submit to the contracting officer a request of proposed catalog additions (See Attachment 3). The request shall include the stock number, Government item description, proposed unit price and a corresponding supplier invoice or quote, and proposed distribution price. The request is due by 9:00 AM HST on the Monday prior to inclusion of the Wednesday catalog updates. 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 contractor shall then include the item on Wednesday’s catalog update. 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 pricing still cannot be determined fair and reasonable the item will not be added to the catalog.

(d) Pricing Requirements: The final negotiated contract fixed unit price for each item delivered to all customers shall be in effect for a minimum of all orders issued during the first ordering week (from Sunday at 12:01 AM through the following Saturday until midnight). The prices shall remain in effect for all subsequent ordering weeks except as otherwise adjusted IAW clause Economic Price Adjustment –Actual Material Costs for Subsistence Delivered Price Business Model (Nov 2011).

(i) On the first week’s catalog the contractor shall submit final evaluated prices as awarded using the 832 transaction unless lower market prices are available at time of award whereby the contractor shall adjust their catalog prices to provide all available lower prices to the Government. Because this award is being made as Low Price Technically Acceptable, there is no upward adjustment on the final evaluated price for the first week’s catalog. For Ship customers the contractor retains the right to limit deliveries under the first week’s catalog to delivery days in the first week plus the following Monday and Tuesday.

3. Rebates/Discounts and Price-Related Provisions

(a) The contractor shall employ prevailing commercial methods in the pursuit of discounts, rebates, allowances or other similar economic incentives or benefits, for the customers supported under this contract, throughout the period of performance. All NAPA discounts, food show discounts, early payment discounts (except as identified in paragraph (b) herein), and other discounts, rebates, allowances or other similar economic incentives or benefits received by the Contractor at any time during the period of performance shall be passed to the Government via a reduced catalog price. Instructions for identifying discounts, rebates, allowances or other similar economic incentives or benefits that shall be provided to the Government or retained by the contractor are set forth in the submission requirements in the Business Proposal/Pricing and in the Reports section of the Statement of Work.

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(b) The contractor may retain Early Payment discounts that meet the following conditions:

(i) the Early Payment discount is an incentive to encourage payment earlier than the normal payment due date;

(ii) the Early Payment discount is consistent with commercial practice;

(iii) the Early Payment discount is routinely given by the manufacturer/growers to customers other than the Contractor at the same discount rate and under the same conditions as provided to the Contractor;

(iv) the Early Payment discount is not established, requested, or negotiated for the purpose of avoiding giving DLA TROOP SUPPORT PACIFIC a lower cost or a rebate or in exchange for a higher invoice price;

(v) the Early Payment discount is no more than 2 percent of the manufacturer/grower’s invoice and the early payment is required within 10 days to obtain the discount; and

(vi) the contractor actually made the required payment within the time period required to receive the discount.

(c) Upon request the contractor shall provide to the Government any invoices, quotes, or agreements relevant to the delivered price component for existing catalog items, for any new items being added to the catalog, and for requested price changes to existing catalog items. The contractor must include detailed payment terms on each invoice or quote used to substantiate delivered price, including any applicable discounts or rebates. If there are no payment terms associated with the document, the contractor must annotate it with “No payment terms.”

(d) The Government may require the contractor to submit invoices and other documentation from all subcontractor tiers or any supplier or person in the delivered price supply chain, to substantiate all discounts, rebates, allowances or other similar economic incentives or benefits. If the Contracting Officer determines, after reviewing an invoice or other documentation, that a discount, rebate, allowance or other similar economic incentive or benefit should have been passed on to the Government, or if price verifications reveal any instance of overpricing or underpricing, the Government shall be entitled to a prospective delivered price reduction and a retroactive refund for the amount of the overcharges or discounts, rebates, allowances or other similar economic incentives or benefits, including interest and the contractor shall be entitled to a credit for any undercharges. The Contracting Officer, or authorized representative, shall have the right to examine and audit all the Contractor's records relevant to the existence of discounts, rebates, allowances or other similar economic incentives or benefits, and commercial customer delivered prices. Failure to exercise this right shall not constitute a defense or alter the Government’s entitlement to any other remedies by contract or by law.

VI. CUSTOMERS

A. Adding Customers within the Oahu distribution zone.

1. Additional DoD/federal government customers that request DLA TROOP SUPPORT PACIFIC produce support will be added on to the resultant Produce Long Term Contract under this solicitation, without any new acquisition or competition process, if the customer(s) is clearly within the Oahu Distribution Zone covered by this contract.

2. In this case, the contractor shall include this customer(s) at the effective contract prices applicable to that contract zone or region.

3. The decision as to whether the new customer is clearly within the contract region or zone and will be added to the contract without further competition and at existent contract prices, shall be the sole decision of the DLA TROOP SUPPORT PACIFIC Contracting Officer.

B. Adding Customers outside the Contract Geographic Distribution Region/Zone that are not Covered by a Current Produce Long Term Contract.

1. This provision applies to the following customers:

(a) A new DoD federal customer that is not clearly within the contract geographic distribution region/zone and for which the contractor will not accept the customer(s) at the effective contract price,

(b) A customer(s) located in an area that may be considered adjacent or proximal to the geographic distribution region/zone covered by more than one contractor.

(c) The above instances may occur when new customers request DLA TROOP SUPPORT PACIFIC Produce support or a current Contractor is no longer able to support that proximal customer installation(s). In these latter events, the DLA TROOP SUPPORT PACIFIC will utilize this provision to expeditiously source a Contractor for the customer installation(s).

2. The customer installations described in paragraph B above, and their Produce requirements, will be added to a Contractor’s contract as follows:

(a) Complete price proposals to support the subject new customer(s), to include distribution and delivered prices, will be requested from only existing Subsistence Produce contractors that are proximal to the new customer, i.e. close in distance. Also, the Government may use any in house records.

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3. The contract maximum may not be exceeded, even with the addition of a new customer(s).

4. The decision as to which contractors are proximal to the new customer and will be requested to provide a proposal to support such customer shall be the sole decision of the DLA TROOP SUPPORT PACIFIC Contracting Officer.

VII. CUSTOMER SERVICE

A. The DoD has periodic food menu boards, and other types of meetings which the contractor may be required to attend. At these meetings, the customers not only review their internal business practices, but the offeror can utilize this forum to show new products, demonstrate produce preparation, and provide nutritional information.

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

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

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

VIII. VALUE ADDED SERVICES

A. Market Forecast: The contractor is required to provide the customer and the contracting officer with a weekly produce market forecast bulletin on Friday which outlines for the following week information regarding supply availability, product quality, associated growing areas, price trends, weather conditions, and handling tips.

IX. ORDERING SYSTEMS

Subsistence Total Order & Receipt Electronic System (STORES): DOD customers will order using the Subsistence Total Order and Receipt Electronic System (STORES) catalog. The contractor is responsible for establishing and maintaining the STORES catalog. 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 PACIFIC 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 PACIFIC.

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

810 Electronic Invoice 820 Payment Voucher Information 832 Catalog (Outbound - Contractor to DLA TROOP SUPPORT PACIFIC) 850 Purchase Order 861 Receipt 997 Functional Acknowledgement

Note: A complete description of these transaction sets is included in the “EDI Implementation Guidelines” can be found in the attachment or at http://www.troopsupport.dla.mil, Select supply chains: Select Subsistence, Select Information: Select Stores & EDI Requests.

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.

6. The contractor is required to utilize the Government’s item descriptions on all electronic ordering catalogs (832 transmissions) as well as on its invoices, delivery ticket to customer and 810 invoice transaction set.

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

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7. The contractor will utilize the DLA TROOP SUPPORT PACIFIC 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 contactor must provide alternate ways for the customer to order (e.g., by fax, by phone, pick up orders, etc.)

9. Contractor shall use the Order Receipt Confirmation tool in STORES to confirm receipt of all transmitted orders.

B. Public Key Infrastructure (PKI)/ External Certificate Authorities (ECA) Certificates: The Department of Defense (DoD) Public Key Infrastructure (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.

1. Obtaining a PKI certificate:

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 companies that 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 - $115 per certificate per year, with volume discounts at some ECAs. A list of ECAs is available at: http://iase.disa.mil/pki/eca/Pages/index.aspx.

(b) 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

A. Minimum order requirement for any resultant contract is $100.00. The $100.00 minimum order shall be based on the aggregate total of orders to all customers located within a particular base or location. See Attachment 2 for specific delivery information for the customers.

B. All invoice pricing will be based upon the unit price at time of order. For example, for any item ordered on a Friday to be delivered the following week, pricing will based upon the Friday price, regardless of whether the unit price for that item changed as part of the weekly catalog update.

C. For small volume orders (less than $8,000), ship customers shall place their orders to accommodate at a minimum a “skip day” delivery. For example, an order placed on September 1 would have a required delivery date of September 3. For large volume orders ($8,000 and up), the lead time required for the order is 21 days.

See Attachment 2 for specific delivery information for Ship customers.

XI. ITEM AVAILABILITY

A. The contractor must have access to items in sufficient quantities to fill all ordering activity requirements. All supplies shall be furnished on a “fill or kill” basis. The order must be filled in its entirety or canceled (killed). Partial shipments are acceptable if the customer is notified in advance and agrees to the partial shipments; however, the unfilled quantity is to be reported as not-in-stock (NIS).

Offerors are required to have procedures for handling NIS situations. The contractor is required to stipulate timeframes in which the NIS item will be identified to the customer prior to delivery, in order that a substitute item may be requisitioned via a new order. Only substitutes of comparable description, quality, and price may be offered to the customer.

B. The contractor shall notify the customer within 24 hours of order placement of the non-availability of any item. The contractor shall offer the customer a substitute of equal or higher quality and at an equal or lower cost, or advise them of the not-in-stock position of the item. Substituted product shall not be delivered without prior consent by the customer. Substituted items must be noted as such on the invoice.

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XII. PACKAGING, PACKING, LABELING AND MARKINGS

A. All packaging, labeling and packing shall be in accordance with good commercial practice. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

B. To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary markings such as “KEEP REFRIGERATED” shall be used on all cases when appropriate.

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. The contractor 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, as determined through standard commercial practices and in accordance with the USDA Handbook Number 669, “Protecting Perishable Foods During Transport by Truck” (http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3021003&acct=atpub). All trucks shall be equipped with locks to avoid tampering. Deliveries shall be F.O.B. destination to all ordering activities and delivery points. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The contractor shall remove all excess pallets used for delivery from the delivery point. A listing of all the delivery points per zone can be found in the attachment 2.

B. Ship installation, Ship delivery schedules (days and times) routes and stop-off sequence will be coordinated and verified with the customers on a post award basis by the awardee(s). In general, the successful contractor can expect to make deliveries every day, Monday through Friday. Occasionally, the contractor will be required to make a delivery on the weekend. The number of customer orders per day varies greatly due to ship availability and schedule.

C. Products for individual customers 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 and delivery to the customer.

D. The contractor shall also ensure that the personnel loading and delivering the product provide prompt and efficient service to the customer.

E. Delivery times are determined at the Delivery Order level. Ship customer delivery times are spread out throughout the day due to ship availability. The contractor shall contact the customer after a Delivery Order is received to confirm actual delivery time.

XIV. INSPECTION AND ACCEPTANCE

A. Inspection and Acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection.

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.

C. The contractor shall forward two (2) copies of the delivery ticket with the shipment. The receiving official will use the delivery ticket as the receipt document. Two (2) copies of the signed and annotated delivery ticket will serve as the acceptance document. No electronic invoice may be submitted for payment until acceptance is verified. Additionally, upon completing the delivery (or deliveries) and before the carrier leaves the installation, copies of the invoices may be required to be delivered to a central “Accounting” activity on the installation.

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3021003&acct=atpub) http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3021003&acct=atpub)

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XV. AUTHORIZED RETURNS

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

1. Products shipped in error.

2. Products damaged in shipment.

3. Products with concealed 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. Products delivered that fail to meet the minimum/maximum specified temperature.

9. Quantity excess as a result of order input error and/or purchase ratio factor error.

10. Products that are not from a sanitarily approved source.

11. Products that do not comply with DFARS 252.225-7012 Preference for Certain Domestic Commodities (Berry Amendment), if no waiver to this clause has been granted.

12. Any other condition not specified above that is deemed by the customer to be valid reasons for return.

13. No cost produce order cancellation policy:

a. Produce orders less than $8,000. Ship customers may cancel orders less than $8,000 with advance cancellation notice to the contractor by 12:00 p.m. Hawaii Standard Time, two (2) business days prior to scheduled delivery. The customer will be responsible for payment of the order if timely cancellation notice is not received by the contractor.

b. Produce orders greater than $8,000. Ship customers may cancel orders great than $8,000 with advance cancellation notice to the contractor fourteen (14) business days prior to the scheduled delivery. The customer will be responsible for payment of the order if timely cancellation notice is not received by the contractor.

XVI. REJECTION/RETURN PROCEDURES

A. In the event an item is returned, the delivery ticket/invoice shall be annotated as to the item (s) rejected. 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, 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, CLIN 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. 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 PACIFIC’s financial system. In all cases, one

(1) copy of the credit memo is to be given to the customer and (1) copy of the credit memo is to be sent to the DLA TROOP SUPPORT PACIFIC Contracting Officer.

C. If a customer requires a one-to-one replacement, no additional paper work is necessary; the contractor delivery ticket/invoice will show that product is a replacement for a rejected item. The invoice shall reference the call number, CLIN number, and Purchase Order Number of the originally ordered product.

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 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. Two (2) copies (an original plus one) shall accompany the shipment. The customer shall print their first and last name and sign all copies of the invoice/delivery ticket, keep one (1) copy and return the Original copy to the contractor. Any changes must be made on the face of the delivery ticket/invoice; attachments are not acceptable.

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B. No paper invoices shall be submitted to DFAS for payment. For all orders placed via STORES and sent via EDI transaction set 850, invoicing for payment is to be filed electronically using EDI transaction set 810 (see http://www.troopsupport.dla.mil, Select supply chains: Select Subsistence, Select Information: Select Stores & EDI Requests for EDI guidelines).

C. All invoices submitted by the contractor must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to its submission. All contractors are required to ensure the accuracy of their invoices; the reconciliation tool provides you that medium.

D. 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.

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

F. The 810 invoices do not go through a testing phase. The contractor immediately begin sending their invoices in once they have successfully sent their first 850 purchase order.

G. Any manually keyed, or emergency order, must contain the word “Emergency” in the Purchase Order field when the invoice is submitted for payment. In addition, the CALL number and CLIN numbers will be entered as “9999” on the invoice. Failure to follow this procedure may result in the rejection of your invoice.

H. For catch weight items, standard rounding methods must be observed i.e. <5, rounded down; > or =5, 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. STORES will not accommodate positions of three (3) and above beyond the decimal point.

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

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

Contract Number Call or Delivery Order Number Purchase Order Number; DODAAC Contract line listed in numeric sequence (also referred to as CLIN order); Item nomenclature; LSN or NSN; Quantity purchased per item in DLA TROOP SUPPORT PACIFIC’s unit of issue; Total dollar value on each invoice (reflecting changes to the shipment, if applicable).

L. Invoice transactions may be submitted to DLA TROOP SUPPORT PACIFIC 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. Contractor Reconciliation Tool - in an effort to improve the payment process, contractors have the ability to view what the customer has or has not receipted, via the DLA TROOP SUPPORT PACIFIC STORES website https://www.stores.dla.mil/stores_web/default.aspx

M. The contractor will have access to “un-reconciled” information, i.e., the invoice does not match the receipt because of the quantity 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 approximately thirty days (30) days. It is the contractor’s responsibility to ensure accurate invoices. This tool has been developed as an additional means for the contractor’s internal accounting process.

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

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XVIII. PRICE AUDITS

A. Price Verification Audits. Contractor is advised that the Government may conduct price verification analysis in the following manner:

1. Monthly, an internal Price Verification Team in conjunction with the Contracting Officer may require the contractor to provide copies of specific invoices from suppliers covering up to 100 items that were previously ordered.

2. The Price Verification Team will request the above documentation in writing and the contractor will have thirty (30) days after the request to furnish the documentation.

3. A report of overcharges and undercharges (if applicable) will be forwarded to the contractor, and the contractor will pay the Government for the net amount owed for overcharges. The Government reserves all rights and remedies provided by law or under the contract in addition to recovering any overcharges.

4. The Government may elect to expand the scope of the price verification analysis if overcharges are discovered. The Government may also elect to reduce the scope of the price verification analysis if no overcharges are discovered.

5. The Government reserves the right to conduct additional price audits to verify price accuracy and recoup overcharges. In such instances, contractors will be required to submit invoices and any other supporting price documentation.

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

XIX. FILL RATE

A. Order fill rates shall be calculated on an on-time, per order basis and tracked for monthly submission to the Contracting Officer or Contracting Officer’s representative. The fill rate shall be calculated as follows and shall not include substitutions, mis-picks, damaged cases or rejected product (No other method of calculating fill rate will be accepted):

Cases Accepted X 100 = Fill Rate %

Cases Ordered

B. Definitions:

1. Cases Accepted: Product that the customer has received and receipted not including damaged cases or rejected product, mis-picks, and product substitutions.

2. Cases Ordered: Product requested by a customer

C. The contractor is required to maintain at a minimum a 98.0% fill-rate without substitutions.

D. The contractor will submit a monthly report, by customer, to the DLA TROOP SUPPORT PACIFIC Contracting Officer with the following information:

1. Fill Rate with and without Substitution

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

XX. HOLIDAYS

A. All orders are to be delivered on the specified delivery date, except for Federal holidays, as outlined below. When a scheduled delivery day falls on one of these days, delivery should occur on the next business day, unless…