SF1449_SPE30314Q0027.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000024807

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE303-14-Q-0027

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

Luisa Riccio PSPUMAK

a. NAME

Phone: DSN 314-626-8

b. TELEPHONE NUMBER (No Collect calls)

2014 MAY 29

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE303

DLA TROOP SUPPORT EUROPE & AFRICA

DTSEA-UM SUBSISTENCE OFFICE

POSTFACH 1634

D-67605 KAISERLAUTERN

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

31PAGE 1 OF

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)

CONTINUED ON NEXT PAGE

1. Block 8

Offer Due Date/Local Time:

May 29, 2014 / 1500 Naples, Italy (Central European Time)

2. Block 9 – Due to automated system block 9 is revised to read:

Issued by:

Defense Logistics Agency (DLA) Troop Support Europe & Africa Via Fulco Ruffo di Calabria 80144 Capodichino, (NA) Italy Local Admin: Luisa Riccio PSPUMAK Tel: DSN 626-8098 Comm: +39 081 568 8098 Fax: +39 081 568 5302 E:mail: Luisa.Riccio.ITA@dla.mil

3. Block 17a - Offeror: Specify -

Cage Code:

Email Address:

Company POC:

Tel No:

Fax No:

4. Block 17b. Remittance will be made to the address per vendor instruction.

5. Blocks 19-24: See Attachment 2

6. Send mailed or Deliver “hand carried” offers, including delivery by commercial carrier, to:

Defense Logistics Agency (DLA) Troop Support Europe & Africa Building 441A (Admin 3) Ground Floor, Room G25 Via Fulco Ruffo di Calabria 80144 Capodichino (NA) Italy

FAX: +39 081 568 5305

PHONE: +39 081 568 8098

Marked with:

RFQ Number: SPE303-14-Q-0027 Closing Date and Time: May 29, 2014 / 1500 Naples, Italy local time

Notes:

a. All hand carried offers are to be delivered to the DLA Troop Support Europe & Africa, Naples Italy Office between 0800 and 1500, Monday through Friday, except for legal U.S. and Italian holidays. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the address specified above for hand carried offers prior to the scheduled closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the RFQ number, date, and time set forth for receipt of offers as indicated in Block 8 of the SF1449

b. Examples of “hand carried” offers include: In-person delivery by contractor, DHL and other commercial carrier, Express Mail.

PAGE 3 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE303-14-Q-0027

Form

SOW

BLANKET PURCHASE AGREEMENT (BPA)

Fresh Fruits and Vegetables (FF&V), Country of Niger

VENDOR: _____________

EFFECTIVE DATE:

EXPIRATION DATE:

Index:

SECTION I SCHEDULE OF SUPPLIES AND/OR SERVICES

SECTION II AUTHORITY TO PLACE CALL

SECTION III ORDERING

SECTION IV PERFORMANCE AND DELIVERY

SECTION V PRICING AND PAYMENT

SECTION VI CLAUSES AND PROVISIONS

ATTACHMENT 1 - European Union Marketing Standards for Fresh Fruits & Vegetables, valid as of 1 July 2009

DSCPE 100 – European Standards for the Inspection of Fresh Fruits and Vegetables DSCPE-QS 109 European Quality Standards – Bananas, dated 1 January 2004.

ATTACHMENT 2 - Schedule of Items and Prices/Catalog

ATTACHMENT 3 - Delivery Locations

PAGE 4 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION I - SCHEDULE OF SUPPLIES AND/OR SERVICES

Description of the Agreement

a. The Vendor shall furnish Fresh Fruits and Vegetables (FF&V) as outlined in Attachment 1 – European Union Marketing Standards for Fresh Fruits & Vegetables, valid as of July 2009 or equal standards; DSCPE 100 – European Standards for the Inspection of Fresh Fruits and Vegetables or comparable; DSCPE-QS 109 European Quality Standards – Bananas, dated 1 January 2004 or equal standards; and Attachment 2 – Schedule of Items and Prices /Catalog, of this agreement, if and when requested by the Government, from effective date through the date of expiration or cancellation, whichever occurs first.

b. All items delivered 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 European/Commercial outlets and/or for export. The vendor shall provide only the products as indicated in Attachment No. 3 of this Agreement or its modifications.

Blanket Purchase Agreement

a. The Vendor’s authorized official shall sign and date the agreement on SF1449 and forward by fax or e-mail to:

Defense Logistics Agency (DLA) Troop Support Europe & Africa

Via Fulco Ruffo di Calabria 80144 Capodichino (NA) Italy

FAX: +39 081 568 5305

PHONE: +39 081 568 8098 / 5293 / 5302

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.

PAGE 5 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION II - AUTHORITY TO PLACE CALL

Authorized Ordering Activities

DLA Troop Support Europe & Africa, Contracting Officers and DLA Troop Support Europe & Africa, STORES Ordering Officers are authorized to place calls for any items under this BPA.

Extent of Obligation

The Government is obligated under this Blanket Purchase Agreement only to the extent that authorized calls are actually placed. Only those items specifically listed in this Agreement are authorized for delivery. Only authorized personnel are authorized to order or accept products other than those listed in this Agreement. 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 $150,000. The DLA Troop Support Europe & Africa, Naples, Italy Contracting Officer may place calls for any items under this BPA up to $25,000. An individual call placed by an authorized STORES Ordering Officer shall not exceed the current micro-purchase threshold of $3000 for any item under this BPA.

Call Number

All orders against this BPA shall be placed through the STORES ordering system, which initiates a FAX to the vendor.

Fax Orders will indicate a Call Number, Contract Number and Purchase Order Number.

PAGE 6 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION III – ORDERING

1. Ordering Procedures and Limitations

a. Ordering under this BPA shall be accomplished by a fax initiated through the STORES Ordering System usually ten (10) days prior to the required delivery date or as soon as feasible with:

Company: Cage Code:

Address:

Telephone:

POC (contract issues):

Tel:

Cell:

E-mail:

POC (ordering issues):

Tel:

Cell:

E-mail:

b. Changes to or cancellation of orders shall be placed 24 hours before truck sealing and/or as soon as feasible.

b. At the time of receipt of an order from an authorized ordering activity, an order/call number will be furnished by that activity. Order/call numbers must be placed on the delivery ticket-invoices by the supplier.

c. Failure to include the order/call number on the delivery ticket/invoices will adversely impact the expeditious processing of payments.

Right to Award other Contracts and Orders

The Government reserves the right to award contracts and orders to other companies for like supplies and/or services during the same performance period as this Blanket Purchase Agreement.

PAGE 7 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION IV - PERFORMANCE AND DELIVERY

Period of Performance

This Agreement shall remain in effect from the date specified in this BPA (Effective date) and shall last for a period of three (3) years from (to be determined), or otherwise until terminated or cancelled, whichever occurs first. Termination or cancellation can be requested in writing with a notice of 30 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 call- “STORES order”.

Delivery Locations/Customers

All U.S. Military Forces located in Niger see Attachment 3 - Delivery Locations.

ADDITIONAL CUSTOMERS

a. The Government reserves the right to add DoD customers from the resultant BPA anywhere within the zone of Niger, based on a mutually agreed upon implementation plan followed by a formal modification to the BPA, at no additional cost to the Government.

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

Delivery of all items under this Agreement shall be F.O.B. destination and shall be shipped “All transportation costs prepaid”.

Delivery Conveyances

The supplies delivered under this contract shall be transported in clean, closed refrigerated vehicles. The vehicles shall be maintained in a sanitary condition to prevent contamination of the supplies. The vehicles shall be subject to inspection by the Government at all reasonable times and all places, including the Contractor’s facility. Supplies tendered for acceptance in vehicles, which are not sanitary, may be rejected without further inspection.

Deliveries

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

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

c. Required delivery date shall be specified on each call.

d. Delivery trucks are restricted as follows:

Delivery trucks shall not arrive outside of regular operating hours unless by prior agreement with local representatives. Installation passes 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.

PAGE 8 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

e. Deliveries will not be required on Sundays, US Holidays and local Holidays unless prior agreement of both parties. Delivery may be required outside of the regular operating hours and will be coordinated as necessary with DLA Troop Support Europe & Africa office and/or Receiving Officer.

f. Palletized deliveries are to be made when feasible. Pallet return may not be allowable due to customer missions;

therefore, pallets will become property of the U.S. Government at time of delivery. Pallets and/or plastic shipping containers shall be included in the unit price of the products.

Packaging/Marking:

Cartons and/or boxes used for transportation shall be in such condition to protect the products against damage and deterioration, and will meet all carrier requirements to insure safe arrival at destination.

b. Packaging and packing will be in accordance with the highest commercial standard practices, and will conform to those products the contractor offers for resale in European outlets and/or for export.

c. Shipping containers (cartons/boxes) shall show the following outside markings:

Contractor’s Name and Address BPA Number as assigned Net Weight of Shipping Container Quantity Item Nomenclature Stock Number as assigned Date of Product produced/or Expiration Date

d. Individual packages shall show the following outside markings:

Item Nomenclature Net Weight Expiration date

e. All marking shall be clear, legible, non-fading and durable.

f. 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 BPA.

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

Test Samples

U.S. Public Health Command Food Inspection 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.

Licenses

The Supplier is responsible for obtaining any necessary export/import licenses including certificates for sanitation that may be required by the government of the country into which his supplies are being imported. The Contractor is also responsible for complying with all applicable laws relating to production, handling, shipping and importing of the supplies purchased.

PAGE 9 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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:

Nonconformance to sanitary and/or medical standards Nonconformance to terms and conditions listed in this contract

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.

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.

Special Inspection Requirements

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 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. Destination inspection will be performed I.A.W. DSCPM 4155.6, subsection 218.1 (European Supplement).

SUBSISTENCE REQUIREMENTS:

All products offered will be produced, processed and prepared only in production plants listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. Any change in product source will require approval from the U.S. Army Public Health Command (USAPHC) and a formal modification issued by the Contracting Officer. See items that require listings (ex.

mushrooms, bottled water, etc.) at http://phc.amedd.army.mil/TOPICS/FOODWATER/CA/Pages/DoDApprovedFoodSources.aspx

SECURITY MEASURES/FORCE PROTECTION:

a. As vendors/contractors under Government contract, quality control procedures must be heightened to ensure that product entering your facility is safe for public consumption.

The following security guidance is provided: Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. 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. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate.

Never leave open trucks 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. Firms should keep a low profile and share customer routes etc. on a need to know basis. Review of overall organizational corporate security plans

PAGE 10 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://phc.amedd.army.mil/TOPICS/FOODWATER/CA/Pages/DoDApprovedFoodSources.aspx should be conducted and consider whether private security firms are needed to assess or reduce risk. 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.

b. The contractor plays a vital role in supporting DLA Troop Support Europe and Africa customers. As such, the contractor shall take all necessary actions to secure products delivered to all military installations/customers, as well as any applicable commercial destinations. The Government may periodically review the contractor’s security plans and may require more stringent procedures to insure security of the product, particularly in light of the heightened threat of terrorism.

PAGE 11 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION V - PRICING AND PAYMENT

Catalog Prices/Schedule of Items

The awardee under this contracting instrument warrants that the produce prices set forth in each schedule submitted to the U.S.

Government shall be fair and reasonable based on comparison to current market trends for items of comparable quantities and quality.

The Contractor shall provide unit prices that are equal or lower than its most favored commercial customers, including any applicable discounts and allowances.

1. Total Unit Price – Prices submitted on Attachment 2 will be included in the ordering catalog following award. The proposed price for each item in Attachment 2 will be the catalog price for the first ordering week.

The total unit price for each item shall include all fees, such as and not limited to transportation, labor, customs and handling, packaging etc. to the delivery locations. Prices shall be F.O.B. destination, no separate fees.

2. Unit Price Changes and New Items: The Contracting Officer will conduct on-going price reasonableness determinations on all item price increase to Attachment 2. 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. Vendor must provide invoices or quotes from their sources upon request from the Contracting Officer or Contract Specialist.

3. The unit of weight shall be expressed in U.S. Pounds (LBS) and the currency in USD.

4. The Vendor shall submit prices on a weekly basis to the DLA Troop Support Europe & Africa, Italy office. These prices shall be submitted not later than Wednesday for deliveries the following week.

NOTE: PRICE SHALL BE EFFECTIVE AT DATE OF ORDER AND NOT DATE OF DELIVERY. Example: if an order is placed on a Friday for delivery the following week, the prices effective in the ordering week (example Fri day) shall be invoiced.

Contractor Delivery Ticket/Invoice (DTI):

a. All shipments under this contract/agreement shall be accompanied by delivery ticket-invoice, which shall contain the following information, see Attachment 4 – Sample Delivery Ticket /Invoice:

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

2. Contract/BPA Number and order/call 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 (Delivery ticket-invoice) document shall consist of an original (1) and one copy. The order or call 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 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.

Receiving official must certify the DTI with date and original signature.

PAGE 12 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Title and telephone number of the receiving official shall be typed, stamped or printed legibly underneath the original signature.

EDI Invoicing Procedures

Vendor shall accomplish invoicing by logging onto the Market Ready EDI invoicing WEB page at:

https://www.stores.dla.mil/stores_web and follow system instructions. If EDI invoicing cannot be accomplished, submit complete invoices with signed delivery tickets to DLA Troop Support, Europe & Africa, Padova by fax +39 049-6988003 or e-mail.

Payment

a. 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

b. Payment will be made via Electronic Fund Transfer (EFT) as indicated by the vendor.

c. Payment Terms: Net 10 days

PAGE 13 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

https://www.stores.dla.mil/stores_web

SECTION VI - CLAUSES AND PROVISIONS

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

PAGE 14 OF 31 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE303-14-Q-0027

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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SPE303-14-Q-0027

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO 52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(Insert desired/appropriate text here)

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52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (DEC 2013) 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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).

(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.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C.

6101 note).

[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[ X ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).

[ ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112- 74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L.

110-161).

[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (11) [Reserved] [ ] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011) [ ] ( iii) Alternate II (NOV 2011) [ ] (13)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

[ ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (JUL 2010) of 52.219-9.

[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).

[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[ ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (JUNE 2003) of 52.219-23.

[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).

[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013).

[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013).

[ ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).

[ X ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).

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[ ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).

[ ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).

[ ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.)

[ ] (35) (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).

[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ] (ii) Alternate I (DEC 2007) of 52.223-16.

[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (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)…