SPE303-20-Q-0059.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000100454

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE303-20-Q-0059

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

Matthew O'Brien APS0942

a. NAME

Phone: DSN324-206-98

b. TELEPHONE NUMBER (No Collect calls)

2020 AUG 31

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE303

DEFENSE LOGISTICS AGENCY E&A TRPSPT

LOCAL MARKET READY CONTRACTING

APO AE 09227

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

311812NAICS:

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

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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SPE303-20-Q-0059

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

ADDITIONAL INFORMATION, INSTRUCTIONS AND RESPONSIBILITIES

Additional Information, Instructions and Responsibilities

Blanket Purchase Agreement (BPA)

Freshly Baked Goods for Grafenwoehr

EFFECTIVE DATE: TBD

EXPIRATION DATE: TBD

SECTION I SCHEDULE OF SUPPLIES

SECTION II AUTHORITY TO PLACE CALL

SECTION III ORDERING

SECTION IV PERFORMANCE AND DELIVERY

SECTION V PRICING AND PAYMENT

SECTION VI SPECIAL NOTES

Attachment 1 ITEM DESCRIPTION AND PRICES

Attachment 2 DELIVERY LOCATIONS

SECTION I - SCHEDULE OF SUPPLIES

Description of the Agreement

The Defense Logistics Agency Troop Support Europe & Africa (DLA TS E&A) intends to award a Blanket Purchase Agreements to a commercial entity for the supply of freshly baked goods to Department of Defense (DoD) customers as indicated in Attachment 2 - Delivery Locations.

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Form (CONTINUED)

A single BPA will be awarded to the vendor(s) whose quote represents the lowest total evaluated price.

a. The Vendor shall furnish Assorted Freshly baked goods as outlined in Attachment 1 - Item description and Prices and Attachment 2 - Delivery locations to this agreement, if and when requested by the Government, from date of award through the date of expiration or cancellation of the agreement, whichever occurs first. Production and delivery of the goods will be in accordance with this document. Payments will be issued solely for the items listed in Attachment 1.

b. All items delivered to U.S. Dining Facilities shall be produced, processed and prepared in accordance with the highest commercial standard practices, and shall conform to those products the contractor offers for resale in commercial outlets and/or for export.

c. The contractor is required to submit a consolidated listing of ordered items, quantities, and prices at the end of every three (3) months to the issuing office. The listing shall be provided no later than the fifth working day following the end of the quarter.

Blanket Purchase Agreement

a. The Vendor's authorized official shall sign and date this Agreement at block 30a, b, and c of the Standard Form (SF) 1449 and forward to:

Defense Logistics Agency (DLA) - Troop Support Europe & Africa ATTN:

Matthew O'Brien Email: matthew.obrien@dla.mil Kleber Kaserne, Bldg.

3229 Mannheimerstrasse 218-219 67657 Kaiserslautern, Germany

b. The Contracting Officer will sign, date and return one (1) copy of the BPA to the Vendor. This Agreement does not become effective until signed by the Contracting Officer.

c. Any change in product source may require approval from the U.S. Army Public Health Center (USAPHC) and will require a formal modification issued by the Contracting Officer.

SECTION II - AUTHORITY TO PLACE ORDERS

Authorized Ordering Activities

Only appointed Subsistence Total Order and Receipt Electronic System (STORES) Ordering Officers are authorized to place calls for any items under this BPA. When establishing a STORES account, a confirmation email from a DLA TS representative must be kept on file.

Extent of Obligation

The Government is obligated under this Blanket Purchase Agreement only to the extent that authorized calls are actually mailto:silke.georgescu.de@dla.mil

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Form (CONTINUED) placed. Only those items specifically listed in this Agreement are authorized for delivery. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the supplier and may result in non-payment as well as cancellation of this agreement.

Call Limitation

DLA Troop Support Europe & Africa, Contracting Officers may place calls for any items under this BPA up to the Simplified Acquisition Threshold of $250,000. An individual call placed by an authorized STORES Ordering Officer shall not exceed the current micro-purchase threshold of $10,000 without the written approval of the Contracting Officer for any item under this BPA. When the contractor receives an order in excess of $10,000 US Dollars or Euro equivalent, the contractor shall send an email request for order approval to the contracting officer to the following email address:

SubEandACalOrdAppReq@dla.mil

The contracting officer will respond via email with permission to proceed with the order or to disregard the order.

SECTION III - ORDERING

Ordering Procedures and Limitations

Ordering under this BPA shall be accomplished through the STORES Ordering System generally seven (7) calendar days prior to the required delivery date. The vendor is required to review incoming orders through the STORES web based ReconTool.

Call Number/Order Number/ PIID

A 13-digit alphanumeric Order Number, called a PIID Procurement Instrument Identifier will be listed on each order created in STORES and are in the following format: Example SPE30319F5028. When an order is placed in STORES, the system generates a fax to be sent to the contractor. Fax Orders must show the PIID and the BPA number.

To facilitate the receipt and payment process, the information contained on the STORES Purchase order MUST be mirrored on the delivery ticket-invoice (DTI). The information may have to be handwritten on the DTI. Please ensure the information is correct and legible. Failure to include STORES order information on the vendor's DTI will adversely impact the expeditious processing of payments.

STORES will also be used for invoicing purposes.

Order Placed in STORES Lead Time Begins Monday through Friday before 12:00 hours Central European Time (CET The date the order was placed Monday through Friday after 12:00 hours Central European Time (CET) The next working day Saturday and Sunday The next working day

Right to Award other Contracts and Orders

The Government reserves the right to award contracts and orders to other companies for the same or similar supplies during the same performance period as this Blanket Purchase Agreement (BPA).

Contractor Point of Contact Information for ordering purposes:

mailto:SubEandACalOrdAppReq@dla.mil

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Form (CONTINUED)

Company Name Address

Telephone Cell Phone Fax E-mail

SECTION IV - PERFORMANCE AND DELIVERY

Period of Performance

This Agreement shall remain in effect from the date of this BPA (TBD) and shall last for a period of three (3) years, or otherwise until terminated or cancelled, whichever occurs first. Termination or cancellation can be requested in writing with a notice of 30 calendar days in advance by either party.

Place of Performance

All supplies and/or services required under this agreement shall be provided to the location specified in each individual calls.

Delivery Locations/Customers

DoD customers located in Germany, see Attachment 2 - Delivery locations.

Additional Customers/ Locations

The Government reserves the right to add authorized DLA customers who are within the Grafenwoehr area in Attachment 2 - Delivery Locations, covered by the award resulting from this solicitation. The contract pricing for additional customers will be the same as the prices paid by existing customers. If the contracting officer exercises the right to add an authorized DLA customer to the contract a mutual agreement via bilateral modification will be established.

The Government reserves the right to unilaterally remove authorized DLA customers from the resultant agreement by the issuance of a formal modification.

Deliveries

Delivery of all items under this Agreement shall be F.O.B. destination, inspection and acceptance at destination, and shall be shipped

a. All calls placed under this BPA shall be shipped complete unless mutual agreement of both parties.

b. All deliveries shall be made as indicated in the STORES generated fax call/order, subject to the limitations outlined in this Blanket Purchase Agreement.

c. Required delivery day will be specified on each STORES fax call/order.

d. Delivery Trucks shall not arrive before 0700 hours and no later than 1500 hours, or outside of regular

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Form (CONTINUED) operating hours that the Government activity is open for business unless by prior agreement with local representatives. Deliveries will not be required US Federal Holidays and local Holidays unless prior agreement of both parties.

e. Installation passes is the responsibility of the vendor and must be obtained, in coordination with local facilities personnel, prior to first delivery of product. Government personnel can reject, at the installation gate, shipments for which drivers have inadequate identification to gain access. Government personnel may “sign-in” vehicles at the installation gate on an infrequent, emergency basis only. Installation access requirements may vary, however, it is the sole responsibility of the vendor to research and otherwise comply with the same.

f. All deliveries shall be palletized. Pallet return may not be allowable due to customer mission and schedules, therefore, pallets will become property of the U. S. Government at time of delivery. Pallets or plastic shipping containers are included in the unit price of the products. Receiving installations may return or exchange plastic shipping containers and pallets at the time of delivery.

Regular working days are defined as all days EXCEPT Sundays and US Federal Holidays, and days which have been declared to be Holidays by law in effect in the country where the deliveries are made. Holiday Delivery schedules or any event that will affect normal weekly deliveries shall be provided to DLA TS E&A 30 days prior to the actual holiday or event. Deliveries are not required to be made to any destination on a day which has been declared a holiday by law in effect in that locality unless the contractor agrees to do so. Alternate delivery days will be arranged if the local holiday coincides with the regular delivery schedules.

Delivery Ticket

All shipments under this agreement shall be accompanied by DTI, which shall contain the following information:

1. Name of supplier, Address, Phone & Fax Number;

2. Contract number and order number;

3. Date of Purchase;

4. Itemized list of supplies (Nomenclature) furnished;

5. Item number (National Stock Number),

6. Quantity delivered,

7. Unit price, subtotals and extended totals;

8. Date of delivery;

9. Place of delivery with DODAAC Number

10. Signature of Vendors Representative (Delivery Driver) and Date

11. Signature of Receiver (US Representative) and Date

12. Payment terms

13. Customs declaration document number, AE Form 302 (if applicable)

The DTI document shall consist of an original and one copy. The original shall be attached to the invoice submitted for payment. The purchase order number must be provided by the ordering activity when a delivery is requested.

Upon delivery, receiving installation will verify all information on the delivery ticket-invoice against the requested and

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Form (CONTINUED) received supplies. All discrepancies with the order shall be resolved with the vendor. All receipt discrepancies shall be annotated on the delivery ticket-invoice. The authorized receiving personnel must initiate all erasures or changes on delivery ticket-invoices.

The vendor must retain either the original or a copy of the DTI. The vendor must ensure that the DTI has been signed by the receiving official with a legible full name and phone number or email. The contractor will be required to submit the DTI with the invoicing. The DTI must be provided to the Contracting Officer upon request.

Packaging/Marking:

Packaging shall be in accordance with commercial standard practices and shall conform to those products the contractor offers for sale in European outlets.

Shipping containers made of fiberboard or plastic shall be in such condition to protect the products against damage and deterioration. Delivery vehicles will meet all carrier requirements to ensure safe and sanitary arrival at destination. The Government reserves the right to inspect and test at any reasonable times all plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract.

One-way pallets shall be used for all palletized deliveries.

The Contractor shall furnish replacement or credit (whichever is requested by the Contracting Officer) for damaged items.

Standard commercial markings for individual packages will be used to clearly mark and to easily identify the nature of contents and the expiration date.

IMPORTANT INFORMATION:

All goods must be protected from the elements (rain, snow) /covered to prevent contamination during the delivery process.

Markings for individual packages shall clearly identify the following:

(1) Item Nomenclature

(2) Net Weight

(3) Expiration date

(4) All retail items require a 9 or 13 digit code to computer identify the product through the use of scanning equipment (EAN).

Shipping containers (pallets) shall show the following outside markings:

(1) Contractor's Name and Address (Brand Name)

(2) Contract number as assigned

(3) Net weight of shipping container

(4) Quantity

(5) Item Nomenclature

(6) Stock Number as assigned

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(7) Date of Product produced/Expiration Date

All marking shall be clear, legible, no fading and durable.

For supplies which are improperly marked, coded, or packaged, the Contracting Officer shall have the option to reject such supplies under the provisions of the inspection clause of this contract.

Test Samples

U.S. Army Public Health Center (USAPHC) Personnel may take samples from delivered quantities at any time for the purpose of submission to the Commander, Vet Lab Europe, CMR 402, APO AE 09180. Testing will be performed I.A.W.

Requirements of AE 40-70, which is provided to the contractor upon veterinarian inspection.

Acceptance/Rejection of Products

a. Authorized representatives of the Contracting Officer will be responsible for inspection, acceptance, and rejection of quantities delivered under this contract.

b. Rejection may occur for the following reasons:

1. Nonconformance to sanitary and/or medical standards

2. Nonconformance to terms and conditions listed in this contract

c. All or part of delivered quantity may be rejected depending on the criticality of the Nonconformance.

d. A price adjustment (PA) may be determined by the Contracting Officer, as consideration, for any or for all minor nonconforming products.

ONLY THE CONTRACTING OFFICER HAS THE AUTHORITY TO MAKE DECISIONS CONCERNING

NONCRITICAL NONCONFORMANCE.

Critical non-conformances will be elevated to the United States Army Public Health Command- Europe and results will be submitted to the Contracting Officer for further actions.

Delivery of Deleted Items

If deleted products are delivered after the effective deletion date, no payments will be made regardless of an order placed prior to this date.

Section V - Pricing and Payment

Prices

The prices for the items required under this BPA are provided in Attachment 1 and will be included in the STORES ordering catalog following award.

Unit price shall be inclusive of all operating expenses, such as and not limited to: labor, personnel, transportation to destination, packaging and pallets (shrink wrapped), any loading and unloading, and all fees/charges. No separate fee.

Price Changes

a. Prices shall be firm for one (1) year. Any item price variation, shall require 45 days advance notice to all allow for administrative processing of the following:

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Form (CONTINUED)

1. If the supplier desires a price increase for any of the costs comprising contractor's price after the initial price quoted, the contractor is required to identify such cost elements in writing and furnish appropriate data explaining the changes.

For each item the vendor is requesting a price increase, the Contracting Officer will conduct a separate price reasonableness determination. The item will be removed from the catalog until a fair and reasonable price can be determined by the Contracting Officer. The vendor must provide invoices or quotes from their sources upon request from the Contracting Officer or Contract Specialist.

2. If approved, the price increase shall become effective as of the date cited in the supplemental agreement (modification) signed by both parties.

3. If during the effective period of this BPA any element of price will become lower or more advantageous to the U.S.

Government, the contractor shall notify the Contracting Officer in writing. When an offer for price reduction is received by the Contracting Officer, the lower price will be in effect as of the date cited in the supplemental agreement (modification) signed by both parties.

Invoicing Procedures

The STORES/EBS Reconciliation (Recon) Tool web application is used to submit your invoices electronically. This system can be found on the DLA TS web page for subsistence, https://www.stores.dla.mil/stores_web/default.aspx.

You will be issued a User ID and Password, after properly registering for this site. This application will allow you to see on the website receipts/orders by customers, for your contracts/agreements only. You can review the receipt/order and, if in agreement you will simply type in an invoice number to submit your invoice to DFAS. This receipt information is available at this website for 8 weeks. The system will be updated daily from the receipt files. Invoices submitted using this web site will generate an EDI invoice to flow through the payment process at DFAS. If you need additional information on electronic or alternate electronic invoice processing contact your DLA TS E&A Contract Specialist for further information.

DLA TS E&A Contract Specialists will assist your company in training the respective personnel using this system.

Payment

1. Payment of invoices will be made by:

Defense Finance & Accounting Service - Columbus Center DFAS-BVDP

(SL4701) PO Box 369031

Columbus, Ohio 43236-9031 U.S.A.

2. Payments shall be made via Electronic Fund Transfer (EFT). Payment terms:

30 Business Days http://www.stores.dla.mil/stores_web/default.aspx http://www.stores.dla.mil/stores_web/default.aspx

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SECTIONS VI - Special Notes

SECURITY MEASURES/FORCE PROTECTION

The DLA TS E&A provides world-wide subsistence logistics support during peacetime as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage or terrorism.

This increased risk requires DLA TS E&A to ensure steps are taken to prevent the deliberate tampering and contamination of subsistence items.

The contractor shall ensure that products and packaging have not been tampered with or contaminated throughout the manufacturing, storage and delivery process. The contractor shall immediately inform DLA TS E&A of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies.

The following security guidance is provided:

1. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering.

2. All incoming truck drivers should provide adequate identification upon request.

3. Visitors should also be properly identified, and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration.

4. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate.

5. Vehicle access doors will remain locked except during actual delivery to the customer.

6. Never leave open trucks unattended and use seals to designate loaded trailers.

7. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery.

8. Ensure employee background checks are up to date.

9. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Shall be provided upon request of the Contracting Officer.

10. Firms should keep a low profile and share customer routes etc. on a need to know basis.

11. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. Security plan shall be provided upon request of the Contracting Officer to ensure adequate security measures are in place.

It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly, and any suspected adulteration or evidence of product tampering must be reported immediately.

12. Base access will be the sole responsibility of the contractor.

LICENSES

The Contractor is responsible for obtaining any necessary export and/or import license including any certificate for

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Form (CONTINUED) sanitation, such as are required by the Government of the country into which the supplies are being imported, and for complying with all applicable laws relating to production, handling, shipping, exporting and importing of the supplies.

The contractor agrees that the supplies furnished under this agreement shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

US MILITARY INSTALLATION SUPPORT

A. Management:

The contractor shall ensure that all contractor employees, subcontractors, subcontractor's employees, invitees and agents comply with all guidance, instructions and general orders applicable to U.S. Armed Forces issued by the Theater Commander or his/her representative , as well as, Department of Defense directives, policies and procedures, federal statutes, judicial interpretations and international agreements (i.e., Status of Forces Agreements , Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety. Disputes will be resolved by the Contracting Officer.

The contractor shall take reasonable steps to ensure the good conduct of its employees and shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees. The contractor shall promptly resolve, to the satisfaction of the contracting officer, all contractor employee's performance and conduct problems identified by the cognizant contracting officer or his/her designated representative.

The contracting officer may direct the contractor, at the contractor's expense, to remove or replace any contractor employee failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative. The contractor will replace such employee within 72 hours or as may be directed by the Contracting Officer.

B. Accounting for Personnel:

During contract(s) performance the Contracting Officer or his/her representative may direct the contractor to report its employees in the area of operations by name and by location. This applies also for entering and leaving the area of operations.

C. Risk Assessment and Mitigation:

The contractor will brief its employees regarding the potential danger, stress, physical hardships and field living conditions of performing under this agreement.

The contractor will conduct physical and medical evaluations of all its employees at their own expense to ensure that they are capable of enduring the rigors performance under this contract. The contractor will designate a point of contact for all of its plans and operations. The contractor will prepare plans for support as required by contract or as directed by the Contracting Officer. For badging and access purposes, the contractor will provide a list of suitable or qualified subcontractors including local vendors in an area of operations.

D. Vehicle and Equipment Operation:

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The contractor shall ensure that employees possess the required civilian licenses to operate the equipment necessary to perform the contract in the theater of operations in accordance with regulations stated in this document. The contractor and its employees may be held jointly and separately liable for all damages resulting from the unsafe or negligent operation of equipment.

E. Passports, Visas and Customs:

At the contractor employee's and/or contractor's expense, the contractor employees shall obtain all passports. Visas or other documents necessary to enter and/or exit any area(s) identified by the Contracting Officer.

F. Status of Forces Agreement:

The contractor shall adhere to all relevant provisions of the applicable Status of Forces Agreements (SOFA) and other similar related agreements.

SANITARY CONDITIONS

(a) Food establishments.

(1) 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 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 Center (USAPHC ) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory).

Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers 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's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx

(2) Establishments furnishing the products listed below 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 listing is provided in Appendix A of the worldwide directory.

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS). The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items.

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx

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Form (CONTINUED) http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS).

http://www.ams.usda.gov/poultry/grading.htm.

(iv) Egg products (liquid, dehydrated, frozen) may be supplied from establishments listed in the “Meat, Poultry and Egg Product Inspection Directory” published by the USDA FSIS. All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S.

Establishments Approved for Sanitation and for Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

seafood.nmfs.noaa.gov

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the

U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA). http://www.fda.

gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm.

These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade `A' Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA.

http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/defaul t.htm.

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA, may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella).

Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide

Directory listed. http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022

(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists”

(ICSSL), published by the USDHHS, FDA. http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory http://www.ams.usda.gov/poultry/grading.htm http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm http://www.fda.gov/Food/GuidanceRegulation/G\hich\af37\dbch\af37\loch\f37 uidanceDocumentsRegulatoryInformation/Milk/defaul http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm

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Form (CONTINUED) ucm2006753.htm.

(3) 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.

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r40_657.pdf

For the most current listing of exempt products, see the sites listed below. Navigate to the applicable general geographic location of where the product is manufactured (“PHC” for America, Europe, and Africa, CENTCOM for the Middle East, or Korea), then find the applicable “Appendix A” that is applicable to the specific geographic location of where the product is manufactured. https://vets.health.mil/food/approved.nsf/;

https://veda.health.mil/food/approved.nsf/

(4) 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.

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

(b) Delivery conveyances.

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product `unfit for intended purpose', supplies tendered for acceptance may be rejected without further inspection.

PERISHABLE FOODSTUFF TRANSPORTATION - DLA TROOP SUPPORT - SUBSISTENCE

(a) The Contractor shall reimburse the government for all detention or other charges paid to carriers when containers, trucks, trailers or other transportation vehicles are not loaded and released to the carrier within the free time authorized by the carrier.

(b) Refrigerated seavan shipments. The Contractor shall load, brace, and block the products for shipment in refrigerated seavans. The Contractor warrants that the loading pattern specified and required for each load is correct, proper, and acceptable to the ocean carrier. Therefore, the Contractor will pay for the cost of restacking/rebuilding seavans if rejected by the ocean carrier. The Contractor will also pay for other charges related to restacking/reloading such as detention charges for trucks.

(c) Any conflicts in direction will be brought to the attention of the Contracting Officer.

SPECIAL INSPECTION REQUIREMENTS

http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 40 PAGES

a. Vans used for transportation will meet all carrier requirements to ensure safe and sanitary arrival of goods at destination.

b. The Government reserves the right to inspect and test all supplies (which include raw materials, intermediate assemblies and end products), plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract to the extent practicable at all times and places including slaughter and production and in any event prior to acceptance.

c. Final inspection and acceptance for all supplies tendered under the terms of this contract will be at destination.

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR

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

ITEMS (JUN 2020) FAR

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate].

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.

C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved.

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

(10) Reserved.

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive

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Part 12 Clauses (CONTINUED) the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) Reserved

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020 (15 U.S.C. 644).

(ii) Alternate I (MAR 2020).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (MAR 2020) of 52.219-9.

(iii) Alternate II (MAR 2020 of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28. 43,500

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). 43501

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644®). 43526

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). 43527

(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26

(31) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.

S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13,…