SPE30225QS003_Brunei.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000193754

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE302-25-Q-S003

5. SOLICITATION NUMBER

2024 DEC 27

6. SOLICITATION ISSUE

DATE

Sung Hak Choe PSPPSH2

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Email: sunghak.choe.kor@dla.mil

2025 FEB 03

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE302

DLA TROOP SUPPORT INDO-PACIFIC

Unit 15201

APO, AP 96271-5201

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

311999NAICS:

500SIZE 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

07:00 AM

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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STANDARD FORM (SF) 1449, BLOCK 8 (Continued):

OFFER DUE DATE/LOCAL TIME: February 3, 2025 at 7 AM Korea Standard Time (KST)

SF 1449, BLOCK 9 (Continued):

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

Mr. Sunghak Choe, Contract Specialist; sunghak.choe.kor@dla.mil

Ms. Jean Ross, Contracting Officer; jean.ross@dla.mil

NOTES:

(1) The quote must be signed and completed in its entirety in accordance with the solicitation requirements.

(2) Offerors are responsible for submitting proposals (quotes), and any revisions, and modifications, so as to reach the Government office by OFFER DUE DATE/TIME.

(3) If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late proposal.

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

(5) 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 3), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intend recipients. It is offeror's responsibility to ensure its entire proposals is received by the date and time specified is sufficient time to ensure and confirm receipt by Government.

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

SF 1449, BLOCK 17A (Continued):

OFFERORS: SPECIFY

CAGE CODE: __________________________

EMAIL ADDRESS________________________

COMPANY POC: ________________________

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PHONE #: _____________________________

BLOCK 17B (Continued):

Remittance will be made to the address that the Contractor 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 UEI, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors - Commercial Items for information on contacting www.sam.gov to obtain one.)

SF 1449 BLOCKS 19-24:

SEE Item List (ATTACHMENT 1)

*Note: No contained Monosodium Glutamate (MSG) items for all items

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.

Addendum to 52.212-1 Instructions to Offerors

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

1. Paragraph (b), Submission of Offers.

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

Mr. Sunghak Choe, Contract Specialist; sunghak.choe.kor@dla.mil

Ms. Jean Ross, Contracting Officer; jean.ross@dla.mil

b. Limit the file size of any individual email attachment to 5MB, and the total size of any email to 10MB.

Multiple email submissions may be required. If submitting multiple emails as a proposal submission, label each email with a number (e.g., 1 of 3), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients.

c. Facsimile is not an acceptable form of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revisions, including Final Proposal Revisions.

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2. Paragraph (c), Period for Acceptance of Offers, is revised as follows:

Period of acceptance is 180 days.

3. Paragraph (h), Multiple Awards, is revised to add the following:

The Government intends to make one (1) award or multiple awards based on the technically acceptable offer with the lowest aggregate evaluated price. Offerors shall submit their best proposal due to the Government's right to make one (1) award or multiple awards awards. Offerors are required to offer on ALL items in the Item List (Attachment 1); failure to do so may result in exclusion from award consideration.

All questions pertaining to this solicitation shall be submitted in writing, no later than 7:00 AM (KST), January 13, 2025.

PROPOSAL SUBMISSION INFORMATION

A. Pricing: All prices will be submitted in US Dollar only

B. Proposal Submission: Each offeror must submit:

1. a signed copy of the SF 1449 (1 page) (and amendments (SF 30), if applicable)

2. all solicitation attachments (including Attachment 1 (Item List) with proposed prices)

3. a copy of signed warehouse facility lease agreement (if warehouse is not fully owned by you)

C. Offerors are responsible for submitting proposals and required documents, so as to reach the U.S. Government Contracting Office by February 3, 2025, at 07:00 AM KST

D. Facsimile offers are NOT authorized for this solicitation. No hard copy is required when submitting a proposal through email.

E. Include Solicitation Number (Request for Quote (RFQ) Number SPE302-25-Q-S003 Brunei

F. Offerors submitting proposals using email are advised that DLA Troop Support Indo-Pacific 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 in sufficient time to ensure and confirm receipt by the Government.

ADDENDUM to FAR 52.212-2, Evaluation --Commercial Products and Commercial Services

(a) The Government will award contract(s) resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Lowest Price Technically Acceptable (LPTA) source selection procedures will be used as the source selection method in this procurement. The following factors shall be used to evaluate offers:

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1. Technical Acceptability - A technically acceptable offer is an offer that takes no exceptions to the terms and conditions in the solicitation and complies fully with all submission requirements. A proposal that takes exception to solicitation terms and conditions or that fails to comply with all submission requirements may be deemed technically unacceptable and, thus, may be found ineligible, and removed from further consideration, for the awards. By submitting a proposal with no exceptions, an offeror is confirming it possesses the necessary facilities, equipment, technical skills and capacity to successfully provide all items required by this solicitation.

Proposed warehouse facility must receive the Food Protection Audit (FPA) and approve by U.S. Army Veterinary (VET) Services personnel prior to contract award. Only one (1) warehouse facility per lowest priced offeror will be audited. If first lowest priced offeror's proposed warehouse facility fails the FPA, the Government will conduct the FPA for the next lowest priced offeror's warehouse facility.

https://sph.health.mil/approved.nsf/fst_wContent_PHC?OpenFrameSet

The DLA Troop Support Indo-Pacific is not allowed to award a new BPA without an approved warehouse facilities.

2. Pricing - Pricing is required for ALL items found in the Item List (Attachment 1). Failure to offer pricing for all items may result in a proposal being removed from consideration for award as technically unacceptable. The Government will perform an aggregate price analysis for all items found in the Item List (Attachment 1). To determine an offeror's evaluated aggregate price, the estimated quantities in the Item List (Attachment 1) will be multiplied by the unit prices to determine the lowest aggregate price to the Government. Offered prices, on an individual line-item basis, will be evaluated to determine fair and reasonableness.

The award(s) will be made on the basis of the lowest Evaluated Aggregate Price of proposals meeting or exceeding the acceptability standards for non-price factors. The Government reserves the right to remove item

(s) from the Item List (Attachment 1) or do a common item comparison if offerors do not submit pricing for all items. Prior to award, the offered prices of the presumptive awardee(s) will be evaluated on an individual line-item basis to determine whether each price is fair and reasonable using analytical techniques deemed appropriate by the Contracting Officer in her/his complete discretion.

Past Performance will not be used as an evaluation factor for this solicitation because other technical evaluation factors are sufficient to ensure performance for the commercial items being procured. Past performance will be considered in a determination of responsibility for the successful offeror prior to award.

(b) Options are not included in this solicitation.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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CAUTION NOTICE

THE CONTENT AND STRUCTURE OF SOLICITATION SPE302-25-Q-S003, 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.

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

OTHER SECURITY PROGRAMS

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

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Part 12 Clauses (CONTINUED) 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 startup/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required.

For additional information on current base security systems including RapidGate and DBIDS, including enrollment instructions, please visit website at https://www.fortiorsolutions.com/products/rapidgate/ and http://dbids.dmdc.mil.

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BLANKET PURCHASE AGREEMENT (BPA)

STATEMENT OF WORK (SOW) for Brunei

1. Description of Agreement. The Defense Logistics Agency (DLA) Troop Support Indo-Pacific has a requirement for the supply and delivery of Fresh Fruit & Vegetables (FFV) and semi-perishable and perishable grocery items to the designated delivery locations in Brunei. The initial ordering period shall consist of 12 months, commencing on April 1, 2025 through March 31, 2026. The Government reserves the right to extend this Blanket Purchase Agreement (BPA) for up to five (5) years.

2. Extent of Obligation. The Government is only obligated to the extent of authorized purchases actually made under this agreement. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the vendor and may result in non-payment, as well as cancellation of this agreement.

a. The Contracting Officer must give the contractor under this solicitation 30 days written Notice before canceling this BPA.

3. Pricing. The Supplier/Vendor warrants that prices set forth for each item are as low as, or lower than, those charged to his/her most-favored customers for comparable quantities under similar terms and conditions, considering any discounts for prompt payments.

a. Prices shall be Firm-Fixed Price (FFP) for a 12-month ordering period.

b. All prices shall be Free-on-Board (FOB) Destination only. (See Attachment 1 - Item List)

c. The Government reserves the right to add or remove any item(s) from the Schedule of Items provided.

d. The Government reserves the right to request pricing for the addition of new item(s) to the BPA Catalog after it is awarded, if the Contracting Officer can determine each additional items price to be fair and reasonable.

e. In order to accommodate the Government's ordering system, Subsistence Total Order and Receipt Electronic System (STORES), unit prices are limited to a maximum of two (2) places after the decimal point.

4. Purchase Limitation. Individual purchases for subsistence items shall not exceed $150,000 per STORES order, unless by exception as listed in DFARS 225.7002-2 and with the written approval of the Contracting Officer. Acquisitions of the following perishable items, fresh fruits and vegetables, fresh milk, fresh bread and eggs by or for activities located outside the United States for personnel of those activities are not subject to the $150,000 per STORES order threshold. Acquisition of listed perishable items must be approved by the Contracting Officer in writing prior to the STORES order being fulfilled. The FSO or ordering customer shall not place any single order exceeding $150,000, unless by exception as listed in DFARS 225.7002-2 and with the written approval of the Contracting Officer.

5. Orders Placement. Customers shall place orders in accordance with the Vendors' operational business days and hours.

a. Customers shall place their orders to accommodate three (3) business days from the time the order is placed. (For example, an order placed on 1 October 2024 would have a required delivery date (RDD) of 5 October 2024.) Orders may be placed with a longer lead-time; however, the minimum lead-time is three (3) business days Minimum order requirement per each STORES order issued under the resultant contract are not subject to dollar limitations. The designated Food Service Ordering Officer(s) shall not exceed $150,000 per

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STORES order.

b. If the customer needs to add or delete an item or items to the existing order before the actual RDD, the customer or DLA Troop Support Indo-Pacific Representative must generate a new order in STORES following the procedures mentioned above.

c. If there is a revision to the initial RDD, notify the Vendor at least ten (10) days for all orders over $10K and five (5) days for all orders below $10K prior to delivery. The customer must send an email to the Vendor: 1) for order(s) placed in STORES and cancelation of an order(s) in STORES, and 2) for order

(s) place after the Vendor's official business hour.

d. If orders are placed in excess of $10,000, the Vendor must request approval to fulfill the order from the Contracting Officer prior to fulfilling the order.

e. All invoice pricing will be based upon the unit price at time of order. NOTE: Pricing will include transportation cost of delivering to any location within assigned region of operation within Brunei.

f. All invoice pricing will be based upon the unit price at time of order. NOTE: Pricing will include transportation cost of delivering to any location within assigned region of operation within Brunei.

g. All orders must be placed through STORES or other authorized Government purchasing system.

Vendor is to acknowledge receipt of order to Service Representative (SR) within 24 hours upon receipt of the “order submitted email” vendor receives from SR. The 24-hour period starts from the time the email is sent by the SR.

6. Emergency Orders. All emergency order(s) will be submitted to the Contracting Officer first for approval.

The Vendor shall not perform on any emergency order without the Contracting Officer's approval. Unless specified by the customer, all emergency order(s) for supplies must be same day service. Expeditious fulfillment of the emergency requirements is imperative. The contractor is responsible for providing the ordering facilities with the name of the contractor representative responsible for notification of receipt and handling of such emergency service and his/her phone number and/or pager/cell number. Emergency orders may be approved for expedited delivery on a case-by-case basis by the contracting officer. Customers should place their emergency orders(s) in STORES and send an email to the DLA Troop Support Representative and the contracting officer to explain the circumstances that necessitate an emergency delivery. If approved, the vendor will make every effort to deliver the emergency order as soon as possible.

7. Individuals Authorized to Place Orders. The individuals authorized to place orders against this BPA and the dollar limitation per order is as follows:

a. The designated Food Service Ordering Officer (FSO).

b. A designated ordering location, established and setup by the customer.

c. DLA Troop Support Indo-Pacific Contracting Officer.

d. The Supplier/Vendor may only accept orders from individuals identified as being authorized to place orders under this BPA.

8. Ordering System. STORES is the Government's Subsistence Ordering System.

a. Customers will be able to order all items on the Catalog through STORES.

b. Initially, a copy of the STORES Orders will be transmitted via FAX or Email. Please be advised that all orders placed in STORES are sent to the Vendor via fax. Due to the processes that must take place in

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Part 12 Clauses (CONTINUED) system it can take up to several hours before the fax order is released to the vendor's fax machine or email (Optional).

c. Customers will send an email to the vendor, when cancelling orders in STORES or when submitting orders outside of the vendor's official business hours, which are Monday thru Friday from 0900 to 1700 and on Saturdays from 0900 to 1200.

d. The email sent to the vendor will have a PDF copy of the STORES order(s) attached and the vendor shall only perform on email that has a copy of the STORES order attached in the email.

9. Schedule of Items. See Attachment 1 - Item List “No contained Monosodium Glutamate (MSG) items for all items”

a. Items appearing on Attachment 1 will be added to the STORES Catalog upon award. Items not listed on Attachment 1 and subsequent STORES Catalog CANNOT be ordered from the contractor under the resulting contract. Payments will not be made for items not appearing on the Catalog at the time the order is placed.

b. If a customer desires to order an item NOT listed on the resultant contract Catalog, a written request to the designated DLA Troop Support Indo-Pacific Westpac Contracting Officer will be submitted to request the item be added. The Contracting Officer will contact the vendor and arrange to have the item added to the STORES Catalog prior to any orders being placed.

c. Prior to its inclusion on the STORES catalog, the pricing for each proposed additional item must be negotiated and the Contracting Officer must determine that the price fair and reasonable.

10. Deliveries. All deliveries shall be made as indicated by the BPA order.

a. Only those products specifically listed in this BPA are authorized for delivery. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the Supplier/Vendor and may result in non-payment as well as cancellation of this agreement.

b. Partial shipments or deliveries WILL NOT be accepted.

11. Invoice/ Delivery Ticket. In accordance with FAR 13.303-3, all shipments under this agreement shall be accompanied by a Delivery Ticket, which shall contain the following minimum information:

(1) Name of Supplier/Vendor.

(2) BPA Number (i.e. SPE302-25-A-XXXX).

(3) Date of Purchase.

(4) Purchase or Call Number (PIID on STORES).

(5) Itemized List of Supplies Furnished.

(6) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided that the invoice is itemized to show this information).

(7) Date of Delivery or Shipment.

a. The customer shall sign and date a copy of the Delivery Ticket to signify acceptance of the product/ delivery.

b. Failure by the Vendor to provide a Delivery Ticket at time of delivery may result in nonpayment.

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c. Vendors shall submit one invoice per order.

d. Vendor Reconciliation Tool - The STORES/BSM Reconciliation tool is available from the DLA Troop Support Indo-Pacific Westpac Subsistence Website at https://www.stores.dla.mil/stores_web/. This tool is only for vendors that have a DLA Troop Support Indo-Pacific Westpac contract.

e. In order to view information on this website you must apply for a password. The reconciliation tool will match the customers' receipts to the vendors' electronically. The vendors will be able to see the lines that did not match for review and possible update. A training tool is available on our homepage under Reconciliation tool training.

12. Delivery Instructions/Delivery Vehicle Requirements.

a. The contractor shall ensure all products are delivered in sanitary vehicles that are of a commercially acceptable standard.

b. Deliveries shall be FOB destination.

c. Delivery locations will be specified on each STORES order. 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. Items that require refrigeration shall be delivered in refrigerated vehicles.

d. Whenever a Vendor's vehicle breaks down in route to a delivery location, the Vendor must notify the Contracting Officer immediately. The Vendor shall NOT break the seal on the package without Contracting Officer approval. Also, whenever changing items from one refrigerated vehicle to another refrigerated vehicle because the refrigeration stopped working, the Vendor must notify the Contracting Officer immediately.

e. The Government representative must sign the top right side of the invoice(s) as proof that he/she was present at time the seal was broken.

13. Packaging, Packing, Marking and Labeling.

a. All packaging and packing shall be in accordance with good commercial practice.

b. 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 be in compliance with the National Motor Freight Classification and Uniform Freight Classification Code.

c. All items must be adequately protected during inclement weather.

14. Inspection and Acceptance.

a. Inspection and acceptance of products will be performed at destination.

b. 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, Warehouse Manager/Foreman, or the Contracting Officer.

c. 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

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SPE302-25-Q-S003

Part 12 Clauses (CONTINUED) condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection.

d. The authorized receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The invoice shall not be signed prior to the inspection of each product.

All overages, shortages and/or returns are to be noted on the invoice by the receiving official and validated by the truck driver. The authorized receiving official's signature on the invoice denotes acceptance of the product.

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

15. Rejection of Product.

a. In the event an item is returned, the invoice shall be annotated as to the item(s) rejected. These items shall then be deducted from the invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment.

b. 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.

c. The re-delivered items will be delivered under a new invoice utilizing the new call number, new Contract Line Item Number (CLIN), and new purchase order number for the discrepant line(s). These re-deliveries shall be at no additional cost the customer.

16. Holidays. 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, or one designated by your firm, delivery should occur on the next scheduled business day, unless otherwise agreed to by the customer.

New Year Holiday Israk Miraj Chinese New Year National Day of Brunei Darussalam National Day Holiday Start of Ramadhan Quran Revelation Day Hari Raya Aidil Fitri Brunei Armed Forces day Brunei Armed Forces day Hari Raya Aidil Adha Awal Muharram (Maal Hijrah) His Majesty the Sultan of Brunei Darussalam Birthday Birthday of Prophet Mohammad Christmas

Note: Holidays are celebrated as shown above for Brunei.

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Part 12 Clauses (CONTINUED)

17. Additional Customers. The Government reserves the right to add customer location at any time throughout the duration of this BPA. Any additional customer location or ordering point will be added by modification to the contract.

18. Contractor Quality Program. The contractor should develop and maintain a quality program for product acquisition, warehousing and distribution to assure the following:

Standardized product quality;

The usage of First-In, First-Out (FIFO) principles;

Product shelf life is monitored;

Items are free of damage;

Correct items and quantities are selected and delivered;

Customer satisfaction is monitored;

Product discrepancies and complaints are resolved and corrective action is initiated;

Supplier/Vendor, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support Indo-Pacific Westpac; and Salvaged items or products shall not be used.

19. Warehousing and Sanitation Program/Stored Product Pest Management. The Vendor shall develop and maintain a sanitation program and a stored product pest management program for food and other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, Part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, the Food, Drug, and Cosmetic Act of 1938 as well as all pertinent state and local laws and regulations. Records of inspections performed by the firm, subcontractor, or recognized industry association shall be maintained and made available to the Government at the Contracting Officer's request.

20. Food Defense/Force Protection. At any time, the United States Government, its personnel, resources, and interest may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support Indo-Pacific to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming vehicle operators should provide adequate identification upon request.

Visitors should all be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate. Never leave open vehicles unattended, and use seals when possible to designate loaded trailers. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery. Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. The contractor must immediately inform DLA Troop Support Indo-Pacific of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. If the Food Safety Officer inspecting the delivery orders finds a product that's not from an approved source, the Food Safety Officer will notify the Contracting Officer and the Contracting Officer will remove the product from the catalog. Until the Food Safety Officer notifies the Contracting Officer that the product is now coming in from an approved source, the Contracting Officer will then add the item back on to the catalog at the same price the Contracting Officer took the product off the catalog at.

The vendor shall notify the Food Safety Officer (3 days) business before the delivery day for the Food Safety Officer to inspect the order(s).

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As the holder of a contract with the DoD, all contractors shall be aware of the vital role they play in supporting our customers. It is incumbent upon contractors to take all necessary actions to secure product delivered to all military customers, as well as any applicable commercial destinations.

21. Contractor Quality Audits. The Government may conduct formalized audits to verify the vendor's adherence to the contract requirements and the quality of product being supplied under any resultant contract.

22. Vendor Quality Assurance Visits (QAV). Quality Assurance visits will be performed by Troop Support Indo-Pacific in order to verify the adequacy of the Contractors' Quality, Warehousing and Sanitation, Pest management and Food Defense Programs. These visits will be coordinated by the Contracting Officer with the vendor at least two weeks in advance of the visit. These visits will be under the cognizance of the DLA Troop Support Indo-Pacific Region Subsistence Office in order to review the BPA vendor's compliance with the terms of the contract and to evaluate the quality, food safety, and food defense of subsistence items distributed to customers. The presence of a company representative knowledgeable in all aspects of operations will be required during the QAV.

During the QAV, the Government may review/verify one, several or all of the following areas (this list is not inclusive) as deemed necessary: The methods and procedures used to comply with the terms of the contract; food safety program; food defense program; HACCP program (if applicable); pest management program; condition of storage facilities; product shelf-life management; inventory in-stock (age of product and condition, labeling, product rotation, and etc.); product substitutions; control of material identified for destruction/disposal or for return to Suppliers/Vendors. The QAV may also include visits to customers served by the BPA vendor.

22.1 Quality Assurance Visit Findings.

a. A finding can be assessed into three (3) categories: Observation, Major Finding, and Critical Finding.

The following is a brief description of each of the finding categories:

(i) An “Observation” is a condition, practice, step or procedure that is not in accordance with food safety and defense requirements, and does not meet the criteria of a Critical or Major finding.

(ii) A “Major Finding” is a condition, practice, step or procedure, which in itself does not present a food defense, or imminent health hazard yet has the potential to affect food safety or the product's intended use due to loss or lack of verifiable control.

(iii) A “Critical Finding” is an imminent health hazard caused by a condition which presents a biological, chemical or physical food safety or food defense hazard that if not prevented, eliminated or reduced by a subsequent process, practice, step or procedure; or that may cause food to be unsafe for consumption or otherwise adulterated.

(iv) Program evaluations will be rated as satisfactory or unsatisfactory. A satisfactory finding requires less than four major findings or no critical findings.

b. In the event the BPA vendor fails to correct unsatisfactory conditions within the time specified by the

Contracting Officer, the Contracting Officer will suspend the services provided by the BPA vendor until identified public health concerns are remedied to the satisfaction of the applicable inspection agency.

c. Such actions listed above will not eliminate the Government's right to terminate the contract in accordance with the “Default” clause of the contract.

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23. Subsistence Approved Sources/Food Establishments.

a. All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the Supplier/Vendor agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S.

Army Public Health Command (USAPHC) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://phc.

amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). The Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement is used by DoD and non-DoD agencies for worldwide food procurement for US Forces. Compliance with the current edition of DoD Military Standard 3006C, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Vendors can only supply products from Veterinary Service Information Management System (VSIMS) approved sources of supply. The VSIMS website link is (https://sph.health.mil/86257b8d004a4b6c/pacific/) once on the website click on approved sources by location to find out if a company is an approved source. Suppliers/Vendors also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal Agency listing, as indicated in paragraph (2) below. Suppliers/Vendors also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

b. Establishments furnishing the products listed in Attachment 1, and appearing in the publications indicated, need not be listed in the Worldwide Directory. Additional guidance on specific listing requirements for products/plants included in or exempt from the listing is provided in Appendix A of the Worldwide Directory.

c. Establishments exempt from Worldwide Directory listing. Refer to AR 40- 657/NAVSUPINST 4355.4H/ MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312;

1-888-584-8332; or download from: (https://armypubs.army.mil/). For the most current listing of exempt plants/products, see the Worldwide Directory (available at: https://phc.amedd.army.mil/topics/foodwater/ ca/Pages/DoDApprovedFoodSources.aspx).

d. Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, “Manufactured For,” etc., are not acceptable unless the source of manufacturing/ processing is indicated on the label or on accompanying shipment documentation.

24. Contract Administration Data /Contracting Authority.

a. The DLA Troop Support Indo-Pacific Contracting Officer is the only person authorized to approve changes to, or modify any requirement of, the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the designated Contracting Officer.

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b. In the event the vendor effects any change at the direction of any person other than the designated

Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to cover any costs associated with such change.

c. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, shall be submitted to the designated Contracting Officer.

25. Administration. Administration of the contract will be performed by DLA Troop Support Indo-Pacific.

26. Delivery Location: Muara Ports in Brunei

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) FAR

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) FAR

Insert the following clause in solicitations and contracts that are set-aside for, or that are for the sole-source award of a contract, under the Service-Disabled Veteran-Owned Small Business Program and that are for the acquisition of commercial products or commercial services.

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

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

(2) 52.204 -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115 -91).

(3) 52.204 -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)

(A) of Pub. L. 115 -232).

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] [] (1) 52.203 -6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655) [] (2) 52.203 -13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203 -15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111 -5).

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

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

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

[] (6) [Reserved] [] (7) 52.204 -14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 -117, section 743 of Div. C).

[] (8) 52.204 -15, Service Contract Reporting Requirements for Indefinite-Delivery…