SF1449_SPE30226QS009.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000238491

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE302-26-Q-S009

5. SOLICITATION NUMBER

2026 AUG 20

6. SOLICITATION ISSUE

DATE

Debra Seibert DDS9062

a. NAME

Phone: 81-3-4226-223

b. TELEPHONE NUMBER (No Collect calls)

2026 SEP 03

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE302

DLA TROOP SUPPORT INDO-PACIFIC

1025 QUINCY AVE, SUITE 1000

JBPHH HI 96860-3520

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:

SIZE 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

12:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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CONTINUED ON NEXT PAGE

PAGE 3 OF 18 PAGES

SPE302-26-Q-S009

BLOCK 8 (Continued):

QUOTATION DUE DATE/LOCAL TIME: 03 September 2026, no later than 12:00 PM Japan Standard Time (JST) BLOCK 9 (Continued):

Email is the only acceptable form of transmission for submission of quotations to the designated individuals:

Ms. Mamiko Jackson, Contracting Officer; mamiko.jackson@dla.mil Mr. Yasunori Yamaguchi, Contract Specialist; Yasunori.Yamaguchi.jpn@dla.mil;

Ms. Debra Seibert, Contracting Officer; debra.seibert@dla.mil Mr. Ryan Schneider, Chief, Procurement Office WESTPAC; ryan.schneider@dla.mil

NOTES:

(1) The quote must be signed and completed in its entirety in accordance with the Request for Quote (RFQ) requirements.

(2)Vendors are responsible for submitting quotes, and any revisions, and amendments, so as to reach the Government office by the QUOTATION DUE DATE/TIME.

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

(4)Facsimile quotations are NOT authorized for this RFQ.

(5)Vendors submitting quotations using email are advised that DLA Troop Support systems have certain email size and transmission limitations. Quotations 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 quotation submission, label each email with a number (e.g., 1 of 3), accordingly. After transmitting an email submission, vendors should confirm receipt of all emails with the intend recipients. It is vendor’s responsibility to ensure its entire quotation is received by the date and time specified is sufficient time to ensure and confirm receipt by the Government.

BLOCK 17A (Continued):

VENDORS: SPECIFY

CAGE CODE: __________________________

EMAIL ADDRESS________________________

COMPANY POC: ________________________

PHONE #: _____________________________

BLOCK 17B (Continued):

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

sam.gov). Vendor’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.)

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Part 12 Clauses

TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT

TERMS AND CONDITIONS

1. The BPA holder is required to indicate acceptance of this Blanket Purchase Agreement (BPA) and return one signed copy of the SF1449 to the Contracting Officer, by email on 3 September 2026 no later than 12:00PM Japan Standard Time (JST). BPA holders are required to fill in block (17.a) and (30.a, b & c).

2. It is imperative that the requested information in this paragraph be provided when completing this BPA document. In particular, the Government requires the FAX NUMBER FOR ORDER RECEIPT OR VALID EMAIL ADDRESS to ensure prompt delivery to military customers.

3. 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.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conducted within thirty days of the award. To promote compliance with such a 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 their written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.

****** Note to Contractor ******

The contractor of this BPA shall be responsible for the supply and delivery of MISC FOOD ITEMS FOR MAINLAND JAPAN. Attached to this agreement is an excel spreadsheet that is required to be filled out completely. All pricing will be submitted in Japanese Yen.

Schedule of Supplies

Attachment 1, Price List

1. Description of Agreement. The Defense Logistics Agency (DLA) Troop Support Pacific intends to enter into a Firm-Fixed Price Blanket Purchase Agreement (BPA) with the contractor who can supply and deliver perishable MISC FOOD ITEMS FOR MAINLAND JAPAN identified in Attachment 1 to the designated locations within Japan. Period of performance is one year from the date of contract award; however, the Government reserves the right to extend this BPA for up to five (5) years.

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

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Part 12 Clauses (CONTINUED)

** The Contracting Officer must give the contractor under this agreement 10 days written Notice before canceling this BPA. **

3. Pricing. The Supplier/BPA holder 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 for the ordering period.

b. All Prices shall be Freight-on-Board (FOB) Destination only.

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 pricing fair and reasonable on each additional item.

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 $200,000 per STORES order, unless with written approval of the Contracting Officer.

5. Orders Placement. Customers shall place orders in accordance with the BPA holders' 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 2026 would have a required delivery date (RDD) of 5 October 2026. Orders may be placed with a longer-lead time; however, the minimum lead-time is three (3) business days. The minimum order amount for each STORES order issued under the resultant contract is $500.00. Orders below this amount do not have to be accepted by the BPA holder.

The minimum does not apply to any emergency 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 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 BPA holder at least five (5) days for all orders over $10,000.00 and three (3) days for all orders below $10,000.00 prior to delivery. The customer must send an email to the BPA holder: 1) for order(s) placed in STORES and cancellation of an order(s) in STORES, and 2) for order(s) place after the BPA holder's official business hour.

d. If orders are placed in excess of $10,000.00, the BPA holder 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 Japan.

f. All orders must be placed through STORES. BPA holder is to acknowledge receipt of order to Service Representative (SR) within 24 hours upon receipt of the “order submitted email” BPA holder 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 BPA holder 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 BPA holder 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 are as follows:

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

b. A designated ordering location established and set up by the customer.

c. DLA Troop Support Pacific Contracting Officers.

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Part 12 Clauses (CONTINUED)

d. The BPA holder 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 BPA holder via fax. Due to the processes that must take place in the system it can take up to several hours before the fax order is released to the BPA holder's fax machine or email.

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

9. Schedule of Items.

a. Items appearing on Attachment 1 will be added to the STORES Catalog upon establishment of BPA. Items not listed on Attachment 1 and subsequent STORES Catalog CANNOT be ordered from the contractor under the resulting agreement.

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 Pacific Westpac Contracting Officer will be submitted to request the item be added. The Contracting Officer will contact the BPA holder and arrange to have the item added to the STORES Catalog prior to any orders being placed.

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 BPA holder 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:

a. Name of BPA holder

b. BPA Number

c. Date of Purchase

d. Purchase of Call Number (PIID on STORES)

e. Itemized List of Supplies Furnished

f. Quantity, unit price, and extension of each item

g. Date of Delivery or Shipment

The customer shall sign a copy of the Delivery Ticket to signify acceptance of the product/delivery. Failure by the BPA holder to provide a Delivery Ticket at time of delivery may result in nonpayment. BPA holder shall submit one invoice per order.

Reconciliation Tool - The STORES/BSM Reconciliation tool is available from the DLA Troop Support Pacific Westpac Subsistence Website at https://www.stores.dla.mil/stores_web/. This tool is only for BPA holder that have an active DLA Troop Support Pacific Westpac agreement.

In order to view information on this website you must apply for a password. The reconciliation tool will match the customers' receipts to the BPA holders' electronically. The BPA holder 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.

REQUIREMENTS

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Part 12 Clauses (CONTINUED)

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 vehicle breaks down in route to a delivery location, the BPA holder must notify the Contracting Officer immediately. The BPA holder 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 BPA holder 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.

d. The chill and frozen items must be packaged in a way that maintains the chill/frozen temperatures to the delivery locations.

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 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 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 to the customer.

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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.

US Federal Holidays:

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Christmas

Japanese Holidays:

Japanese New Year Coming of Age Day National Foundation Day The Emperor's Birthday Venal Equinox Day Showa Day Constitution Memorial Day/ Greenery Day Children's Day Marine Day Mountain Day Respect for the Aged Day Autumnal Equinox Day Sports Day Culture Day Labor Thanksgiving Day

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 BPA.

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

19. Warehousing and Sanitation Program/Stored Product Pest Management. The BPA holder 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

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Part 12 Clauses (CONTINUED) 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 Pacific to take steps to ensure measures are being 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 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 BPA holder shall notify the Food Safety Officer (3 days) business before the delivery day for the Food Safety Officer to inspect the order(s).

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 BPA holder's adherence to the contract requirements and the quality of product being supplied under any resultant contract.

22. BPA holder Quality Assurance Visits (QAV). Quality Assurance visits will be performed by Troop Support 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 BPA holder at least two weeks in advance of the visit. These visits will be under the cognizance of the DLA Troop Support Pacific Region Subsistence Office in order to review the BPA holder'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/BPA holders. The QAV may also include visits to customers served by the BPA holder.

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 holder fails to correct unsatisfactory conditions within the time specified by the Contracting Officer, the

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Part 12 Clauses (CONTINUED)

Contracting Officer will stop ordering under this BPA 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 cancel this agreement in the best interest of the Government.

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/BPA holder 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.

b. 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. BPA holder agrees 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. BPA holder also agrees to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

c. 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.

d. 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).

e. 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. DLA Troop Support Pacific Contracting Officers are the only people authorized to approve changes to, or modify any requirement of, the BPA. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with designated Contracting Officers.

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b. In the event the BPA holder effects any change at the direction of any person other than a 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 a designated Contracting Officer.

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

26. Delivery Location: U.S. Military Facilities, Mainland Japan

52.212-4 TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038) (FEB

2026) FAR

CLAUSES ADDED TO PART 12 BY ADDENDUM

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2026-O0038) (FEB

2026) FAR

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN

2023) DFARS

52.211-5 MATERIAL REQUIREMENTS (DEVIATION 2026-O0038) (FEB 2026) FAR

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION 2026-O0038) (FEB 2026) FAR

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

252.225-7013 DUTY-FREE ENTRY (OCT 2025) DFARS

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) DFARS

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (MAY 2024) DFARS

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

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SPE302-26-Q-S009

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

52.247-34 F.O.B. DESTINATION (JAN 1991) FAR

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate.

(1) To be completed by the offeror:

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ;

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ;

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft;

(iv) Number of items per container each;

(v) Gross weight of container and contents Lbs;

(vi) Palletized/skidded [ ] Yes [ ] No;

(vii) Number of containers per pallet/skid ;

(viii) Weight of empty pallet bottom/skid and sides Lbs;

(ix) Size of pallet/skid and contents Lbs Cube ;

(x) Number of containers or pallets/skids per railcar *

(A) Size of railcar

(B) Type of railcar

(xi) Number of containers or pallets/skids per trailer *

(A) Size of trailer Ft

(B) Type of trailer

* Number of complete units (line item) to be shipped in carrier's equipment.

(2) To be completed by the Government after evaluation but before contract award:

(i) Rate used in evaluation ;

(ii) Tender/Tariff ;

(iii) Item .

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause.

(End of clause)

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (OCT 2024) DFARS

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

(a) Definitions. As used in this clause -- “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any water-borne transportation aboard a ship, vessel, boat, barge, ferry, or the like outside the internal waters of the United https://www.acq.osd.mil/dpap/dars/dfars/html/current/247_5.htm

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Part 12 Clauses (CONTINUED)

States as defined in 33 CFR 2.24.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means supplies that are clearly identifiable for eventual use by or owned by DoD at the time of transportation by sea, or are otherwise transported by DoD, regardless of ownership or use by DoD. An item is clearly identifiable for eventual use by DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

“U.S.-flag vessel” means either a vessel belonging to the United States or a vessel of the United States as that term is defined in 46 U.S.C. 116..

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if --

(i) This contract is a construction contract; or

(ii) The supplies being transported are --

(A) Other than commercial products; or

(B) Commercial products that --

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request, via the Contracting Officer, a waiver of the requirement to use a U.S.-flag vessel, or identification of any available U.S.-flag vessels, if the Contractor or a subcontractor sufficiently explains that --

(1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or

(2) U.S.-flag vessels are otherwise not available.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, however, if a DoD waiver is not approved prior to shipper's sailing date, this will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of current, diligent efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of quotes will suffice for this purpose. Copies of telephone notes, emails, and other relevant communications will otherwise be considered for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the carrier.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief --

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had received a prior-approved waiver for U.S.-flag vessels for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of DoD. The Contractor shall describe these shipments in the following format:

* ITEM DESCRIPTION CONTRACT LINE

ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

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Part 12 Clauses (CONTINUED)

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor --

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(b), insert the following clause:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

52.253-1 COMPUTER GENERATED FORMS (DEVIATION 2026-O0038) (FEB 2026) FAR

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

Attachments

List of Attachments

Description File Name ATTACH_ITEM_LIST Attachment _1_Item_List.

xlsx

Part 12 Provisions

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038)

(FEB 2026) FAR

ADDENDUM TO 52.212-1 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038) (FEB 2026) FAR As prescribed in 12.205(a)(2), insert a provision substantially as follows:

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1. Technical Acceptability; 2. Pricing

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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)

PROVISIONS ADDED TO PART 12 BY ADDENDUM

ADDENDUM TO 52.212-1 AND 52.212-2

https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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SPE302-26-Q-S009

Part 12 Provisions (CONTINUED)

Addendum to 52.212-1

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

Instructions to Vendors

1. Paragraph (b), Submission of Quotations.

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

Ms. Mamiko Jackson, Contracting Officer; mamiko.jackson@dla.mil Mr. Ryan Schneider, Chief Procurement Office WESTPAC; ryan.schneider@dla.mil Mr. Yasunori Yamaguchi, Contract Specialist; Yasunori.Yamaguchi.jpn@dla.mil Ms. Debra Seibert, Contracting Officer; debra.seibert@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 quotation submission,…