SF1449_SPE30317Q0025.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000060079

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE303-17-Q-0025

5. SOLICITATION NUMBER

2017 SEP 15

6. SOLICITATION ISSUE

DATE

Heike Neumann PSPUMAR

a. NAME

Phone: 49 0631 411 2

b. TELEPHONE NUMBER (No Collect calls)

2017 OCT 13

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE303

DLA TROOP SUPPORT EUROPE & AFRICA

SUBSISTENCE OFFICE

MANNHEIMER STRASSE 218/219

D-67657 KAISERLAUTERN

10. THIS ACQUISITION IS N/AUNRESTRICTED 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

62PAGE 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

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SPE303-17-Q-0025

Part 12 Clauses

Statement of Work

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BLOCK 8 (continued):

Offer Due Date/ Local Time:

October 13, 2017, 15:00 hrs (Central European Time)

BLOCK 9 (continued):

ALL OFFERS/MODIFICATIONS/WITHDRAWALS MUST BE PLAINLY MARKED ON THE OUTERMOST ENVELOPE WITH THE SOLICITATION NUMBER, CLOSING DATE, AND TIME SET FOR THE RECEIPT OF OFFERS.

SEND MAILED OFFER TO:

HEIKE NEUMANN

DLA TROOP SUPPORT EUROPE AND AFRICA

KLEBER KASERNE

MANNHEIMER STR 218/219, BLDG 3229, ROOM 211

67657 KAISERSLAUTERN

DELIVER HANDCARRIED OFFER, INCLUDING DELIVERY BY COMMERCIAL CARRIER TO:

HEIKE NEUMANN

DLA TROOP SUPPORT EUROPE AND AFRICA

KLEBER KASERNE

MANNHEIMER STR 218/219, BLDG 3229, ROOM 211

67657 KAISERSLAUTERN

All hand carried offers are to be delivered to building 3229 room 211 between 08:00 and 15:00 Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103.

Offerors that respond to this solicitation using a commercial carrier service must ensure that the commercial carrier service hand carries the package to building 3229 room 211, prior to the scheduled closing time. It is the offeror’s responsibility to ensure that the offers are received at the correct location at the correct time.

NOTE: Fax and email offers are NOT authorized for this solicitation for initial offers and final proposal revisions (if negotiations are conducted). The Government intends to evaluate proposals, and make award, without discussions with the offerors, unless the Contracting Officer determines that discussions are necessary. If deemed necessary by the Contracting Officer, the Government reserves the right to conduct negotiations for the subject acquisition. Initial responses to negotiations shall be in a form of communication customary in the industry for transmitting information to include facsimile transmission, letter, and email. However, any information provided during negotiations, to include all changes to the initial offer, must be reduced to writing and transmitted to DLA Troop Support Europe and Africa by the time and date specified at the time of Final Proposal Revisions. Information not submitted to DLA Troop Support Europe and Africa by the specified date and time will not be considered by the Government during final evaluations.

BLOCK 17A. (CONTINUED):

OFFERORS:

SPECIFY

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CAGE CODE: ____________________________

FAX NUMBER ____________________________

EMAIL ADDRESS ____________________________

COMPANY POC: ____________________________

PHONE #: ____________________________

AUTHORIZED NEGOTIATORS ____________________________

NEGOTIATOR TITLE ____________________________

BLOCK 17B. (CONTINUED)

Remittance will be made to the address that the vendor has listed in the System for Award Management (SAM) database (www.sam.gov) unless provided here.

Offeror’s assigned DUNS Number: __________________________

BLOCKS 19-24 (CONTINUED): SEE SCHEDULE OF ITEMS (ATTACHMENT 3)

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http://www.sam.gov/

Table of Contents

CAUTION NOTICE

CHECKLIST - DID YOU REMEMBER TO?????

I. INTRODUCTION

II. REQUIREMENTS

III. CATALOG PRICING

IV. CUSTOMERS

V. CUSTOMER SERVICE

VI. ORDERING SYSTEMS

VII. ORDER PLACEMENT

VIII. ITEM AVAILABILITY

IX. PACKAGING, PACKING, LABELING AND MARKINGS

X. INSPECTION AND ACCEPTANCE

XI. RETURNS/REJECTIONS/LATE SHIPMENTS

XII. DELIVERY INSTRUCTION

XIII. RECALL PROCEDURES REQUIREMENTS

XIV. FORCE PROTECTION PROCEDURES / FOOD DEFENSE

XV. DESIGNATED COUNTRY CITIZENS ON USAREUR CONTROLLED INSTALLATIONS

XVI. US MILITARY INSTALLATIONS SUPPORT

XVII. CONTRACT ADMINISTRATION INFORMATION

A. CONTRACTING AUTHORITY

B. PAYMENTS

C. ADMINISTRATION

XVIII. PROPOSAL SUBMISSION INFORMATION

XIX. PART 12 CLAUSES

Attachments

Attachment 1: Commercial Item Description for Drinking Milk and Milk Products – 01 June 2016 Attachment 2: Delivery Locations Attachment 3: Schedule of Items – Offer Sheets

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CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733) If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

CHECKLIST - DID YOU REMEMBER TO?????

1. Fill in Block 17a. of 1449.

2. Fill in firm’s information including Point of Contact Block 17a. (continued) page 2.

3. Indicate remittance address if different from Sam.Gov. BLOCK 17b. (CONTINUED) Page 3.

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

5. Fill in authorized negotiators information (name and title) Block 17a. page 2.

6. Sign and return copies of any/all amendments.

7. Return complete and signed copies of the solicitation.

8. Fill out all certifications and representations in solicitation or submit copies of SAM Registration.

10. Submit Origin Price for every item listed in Attachment 2 - Schedule of Items / Offer Sheets

11. Submit one hard copy and two copies on CD/DVD discs of all mandatory submission requirements.

__12. Verified banking information is correct (payment will be made to account included in offer).

__13. Checked box stating you intend or do not intend to use one or more facilities as a place of performance under 52.215-6 Place of Performance.

CAUTION: The above checklist is for convenience only. This list is not intended to be all-inclusive. Offerors are responsible for carefully reviewing the entire Solicitation to ensure proper submission of all required information

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STATEMENT OF WORK (SCOPE)

INTRODUCTION

DLA Troop Support Europe and Africa intends to enter into an Indefinite Delivery Indefinite Quantity Blanket Purchase Agreement with commercial firms to supply Fresh Milk & Dairy Products & UHT Milk to Department of Defense (DoD) Customers located in the European Union, Norway, Kosovo and Turkey in accordance with the Commercial Item Description for Drinking Milk and Milk Products, dated 01 June 2016 (Attachment No. 1 to this RFQ). Payments to awardee are to be made in US Dollars. Payment to be set up in US Dollars prior to the beginning of BPA performance. All offers are to be made in US Dollars.

This Request for Quotation consists of one zone covering Department of Defense (DoD) customers and other authorized customers in EU Countries, European non-EU Countries & Turkey. The Government intends to make one (1) award, but reserves the right to award more than one (1) BPA for this zone. Offerors are required to offer on all items in the Schedule of Items; failure to do so may result in exclusion from award consideration.

The following EU Countries are included:

Germany, The Netherlands, Belgium, Luxemburg, United Kingdom (England, Scotland & Northern Ireland), Ireland, Poland, Latvia, Estonia, Lithuania, Sweden, Finland, Denmark, France, Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Slovenia, Slovakia, Czech Republic, Hungary, Romania, and Bulgaria.

The following non-EU Countries are included:

Macedonia, Kosovo, Montenegro & Norway The following Eurasian Country is included:

Turkey

The specific list of current customers can be found in attachment 2.

Prices:

Prices shall be FOB Destination only and shall be firm for a twelve (12) months period.

In order to accommodate the Government’s ordering system, the Subsistence Total Order and Receipt electronic System (STORES) unit prices are limited to maximum of two (2) places after the decimal point (reference Clause DLAD 52.214-9008 “Rounding Off of Offer and Award price – Alternate I”.

(3) Offers will be accepted in US Dollars only, therefore the contractor is required to have a bank account with an American Bank physically located in the United States.

PRICE ADJUSTMENTS:

Taking the current volatility of the global energy and food markets into consideration, the contractor may request a price adjustment for unforeseen increases in cost above the proposed increases in this contract.

The contractor may request an economic price adjustment for extra-ordinary increases in costs occurred such as raw material, transportation costs, labor costs, etc. When that are part of the price in the resultant Blanket Purchase Agreement. The contractor is required to identify such cost elements in writing and furnish appropriate data substantiating the request.

In the event the supplier requests an economic price adjustment under circumstances indicated in (1) above 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 inflation rates published by http://www.inflation.eu for the applicable country of source(s) of supply to substantiate the requested price changes (product and operation expenses). All price changes shall require 45 days advance notice to allow for administrative processing.

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(3) If approved, the price increase shall become effective 45 days following the receipt of the proposed adjustment by the Contracting Officer, but not before the contract has been modified by a supplemental agreement, signed by both parties.

(4) If during the effective period of this BPA any element of price will become lower or more advantageous to the US Government, the contractor shall notify the Contracting Officer in writing.

REQUIREMENTS

Electronic Invoicing by Suppliers via Electronic Commerce/Electronic Data Interchange:

All suppliers are required to process invoices electronically. An electronic invoicing system expedites payments by providing a real time system for invoice processing. In an effort to ensure that your firm is paid promptly for products that you supply, the Government wants to utilize the best business practices available. The business practices of today reflect increased utilization of Electronic Commerce/Electronic Data Interchange providing more timely and cost effective ways of information exchange. DLA Troop Support Europe & Africa, Local Market Ready is migrating towards greater use of electronic mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone and Enterprise Business System (EBS) initiative. EBS conforms to a strict adherence of detailed line item payments in concert with the order. The manual paperwork will no longer be an acceptable way to invoice. Invoices need to be submitted for payment promptly after delivery. Our intention is to provide you a quick and easy way to submit your invoices for payment and to help ensure prompt and accurate payments. Efforts have been underway for some time to bring a resolution for you to be able to accomplish Electronic Data Interchange with the invoices. Alternatives available are:

If your company is able to exchange information electronically through ANSI X12 format, we could set your company up as an EDI vendor immediately, being able to receive orders and send invoices electronically.

2. There are companies available who for a fee will turn your flat files into EDI Invoices (810transactions)

The STORES/EBS Reconciliation (Recon) Tool web application is used to submit your invoices electronically. This system can be found on the DLA Troop Support 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 receipts/orders on the website from customers, for your contracts only. You can review the receipt/order and, if in agreement, you will simply type in an invoice number to submit your invoice to Defense Finance and Accounting Services (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 paying process at DFAS. If you need additional information on electronic or alternate electronic invoice processing contact your DLA Troop Support Europe & Africa Contract Specialist for further information. DLA Troop Support Europe & Africa Contract Specialist will assist your company in training the respective personnel using this system, if necessary.

ONE OF THE ABOVE METHODS MUST BE USED AS PAPER INVOICES ARE NO LONGER AN ACCEPTABLE

OPTION.

CATALOG PRICING

Schedule of Items Pricing: Items priced in the Schedule of Items (See Attachment 3) will be included in the ordering catalog following award. Schedule of Items will be determined fair and reasonable prior to award. The final proposed price for each item in the Schedule of Items will be the catalog price during the period of the Blanket Purchase Agreement.

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

B. Price Adjustments – currency fluctuation only:

In the event of significant currency fluctuation the following terms and conditions apply:

a. Increase: If the conversion rate USD vs EURO increases by 5 and/or more percent during a three month period, the contractor may adjust the BPA prices by giving a 20 day notice prior to the effective date of the increases.

b. Decreases: If the conversion rate USD vs EURO decreases by 5 and/or more percent during a three month period, the contractor shall adjust the BPA prices by giving a 20 day notice prior to the effective date of the decreases.

Prices may only be adjusted on a quarterly basis effective 02 January, 01 April, 01 July and 01 October for each year of performance. That means the average historical currency fluctuation period to be obtained through http://www.oanda.com/currency/historical-rates/ shall be as follows for each year of performance: 01 Dec through 29 Feb, 01 Mar through 31 May, 01 Jun through 31 Aug, and 01 Sep through 30 Nov.

The currency conversion table located at: http://www.oanda.com/currency/historical-rates/ shall be used the contractor to substantiate the requested price changes”

IV. CUSTOMERS

Additional Customers: The Government reserves the right to unilaterally add authorized DLA customers who are within the geographic region/zone covered by the contract resulting from this solicitation, to the contract at no additional cost to the Government. The contract pricing for additional customers will be the same as the prices paid by existing customers.

The Contracting Officer, in his or her complete discretion, will decide whether a new customer is within the region/zone covered by this solicitation/contract. The contractor shall put all new customers, who are added to the contract by the Contracting Officer under the same catalog as the existing customers at, the same distribution, delivered and total contract unit prices in effect for the applicable contract region/zone.

This solicitation includes all DoD customers located in the countries of Germany, The Netherlands, Belgium, Luxemburg, United Kingdom (England, Scotland & Northern Ireland), Ireland, Poland, Latvia, Estonia, Lithuania, Sweden, Finland, Denmark, France, Italy, Malta, Spain, Portugal, Greece (Crete), Croatia, Slovenia, Slovakia, Czech Republic, Macedonia, Hungary, Romania, Bulgaria, Montenegro, Kosovo, Norway and Turkey, and all Naval activity with ports in these countries. Any new countries or republics that may be created out of the areas listed above over the life of this contract are also required to be serviced. The specific list of current and potential customers is found in Attachment 2.

Adding Customers outside the resulting Contract’s Geographic Distribution Region/Zone.

1. This provision applies to the following customers:

(a) A new DoD, non-DoD, or other DLA customer that is not within the resulting contract’s geographic distribution region/zone and for which the contractor will not accept the customer(s) at the effective contract price,

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

2. The customer described in paragraph B.1., above, and their Fresh Milk & Dairy Products and UHT Milk requirements, may be added to any contract resulting from this solicitation as follows:

In the judgement of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or proximal to the geographic region/zone of

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http://www.oanda.com/currency/historical-rates/ http://www.oanda.com/currency/historical-rates/ resulting Blanket Purchase Agreement. In a circumstance where the customer is located in an area that is adjacent or proximal to numerous different existing contractual documents, the decision of which contractual document is most satisfactory to the Government for purposes of adding the customer(s) will be within the sole discretion of the Contracting Officer, taking into consideration numerous factors, including but not limited to those contained in this provision. Further, to that end, it is the Contracting Officer’s sole decision as to which existing contractors available in the aforementioned region/zone(s) will be solicited for the support of the customer(s).

Complete price proposals to support the subject new customer(s), to include distribution and origin prices, will be requested by the Contracting Officer. Prior to any customer being added to the resulting Blanket Purchase Agreement, the Contracting Officer shall determine all proposed prices to be fair and reasonable. To this end, negotiations may be required in which the same processes and procedures contained within the instant request for quotation may be employed.

Removing Customers: The Government reserves the right to unilaterally remove existing customers from the contract at no additional costs to the Government.

CUSTOMER SERVICE

DOD customers have periodic food menu board and other types of meetings which the vendor may be required to attend. At these meetings, the customers not only review their internal business practices, but the offeror can utilize this forum to show new products, and provide nutritional information. The email addresses of the respective awardee’s representatives, or any other method of communicating, shall be furnished to the customers after award.

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

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

ORDERING SYSTEMS

A. Subsistence Total Order & Receipt Electronic System (STORES)

DOD customers will order using the Subsistence Total Order and Receipt Electronic System (STORES) catalog.

The vendor might be responsible for establishing and maintaining the STORES catalog.

Accessed via the Internet, STORES is the Government’s translator/ordering system that is capable of accepting orders from any of the Services, i.e. Army, Air Force, Navy, or Marines, individual ordering systems and translating them into an Electronic Data Interchange (EDI) format. In addition, this information is passed to DLA Troop Support Europe and Africa for the purposes of Contractor payment and customer billing. Additional EDI information has been provided as an Attachment 4.

Customers will be able to order all of their requirements through STORES. The System will transmit orders to the vendor and DLA Troop Support.

The vendor will be required to interface with STORES and must be able to support the following EDI transactions within 6 months after award:

810 Electronic Invoice

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832 Catalog (Vendor to DLA Troop Support) 850 Purchase Order 861 Receipt 997 Functional Acknowledgement

Note: A complete description of these transactions sets is included in the “EDI Implementation Guideline” and can be found at http://troopsupport.dla.mil

The vendor shall have access to the Internet and be able to send and receive electronic mail (email).

Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower must be rounded down to $2.21.

Vendors are required to utilize the Government’s item description on all electronic ordering catalogs as well as on its invoices, delivery ticket to customer and/or invoice transaction set.

The vendor will utilize the DLA Troop Support invoice reconciliation process, or other such systems as may become available, to the maximum extent, towards the goal of correcting invoices early and facilitating the payment process.

In the event the STORES system or the vendors interface is not operational, the vendor must provide alternate ways for the customer to order (e.g., by fax by phone, pick up orders, etc.)

B. Public Key Infrastructure (PKI)/ External Certificate Authorities (ECA) Certificates The Department of Defense (DOD) Public Key Infrastructure (PKI) Certificate will be required for all DOD users. A DOD PKI certificate will be required for all Contractors. The requirement for PKI certificates is implemented in accordance with DOD security policy promoting secure electronic transactions.

1. Obtaining a PKI certificate:

(a) Contractors who do not work on-site at a Department of Defense facility may purchase a DoD PKI certificate from one of three External Certificate Authorities (ECAs). The ECAs are vendors who provide digital certificates to DOD’s industry partners who are using their own equipment or working in non – Governmental facilities. Certificate prices range from $99 - $179 per certificate per year, with volume discounts at some ECAs. A list of ECAs is available at https://www.transactionservices.dla.mil/daashome/pki_contacts.asp

The Contractor must fully comply with the DoD requirement to implement PKI in order for our information systems to remain secure and viable.

ORDER PLACEMENT

STORES Ordering: Ordering under this contract shall be accomplished through the STORES and all orders need to be placed on Monday through Friday before 12:00 hours Central European Time (C.E.T.). Orders placed after 12:00 hours C.E.T shall count as orders placed on the next day. Orders may be placed on Fridays after 12:00 C.E.T., or anytime on Saturdays and Sundays but such orders will be considered as orders placed on Mondays.

Order Lead time (calendar days):

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SPE303-17-Q-0025

http://troopsupport.dla.mil/ https://www.transactionservices.dla.mil/daashome/pki_contacts.asp

Zone A: Germany, Netherlands, Belgium:

Order lead time: 7 days changes accepted 5 days prior to delivery

Zone B: United Kingdom (England, Scotland, Northern Ireland):

Order lead time: 10 days changes accepted 8 days prior to delivery

Zone C: Poland, Latvia, Estonia, and Lithuania:

changes accepted 7 days prior to delivery

Zone D: Spain & Portugal:

Order lead time: 14 days changes accepted 10 days prior to delivery

Zone E: Italy & Malta:

changes accepted 7 days prior to delivery

Zone F: Greece (Crete):

changes accepted 11 days prior to delivery

Zone G: Balkans (Slovenia, Croatia, Czech Republic, Montenegro, Kosovo, Macedonia, Slovakia, Hungary, Romania & Bulgaria:

Zone H: Turkey:

Zone I: France:

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Zone J: Denmark & Sweden:

Order lead time: 7 days changes accepted 5 days prior to delivery

Zone K: Norway & Finland:

ITEM AVAILABILITY

Vendors must have access to items in sufficient quantities to fill all ordering activity requirements. All supplies shall be furnished on a “fill or kill” basis. Partial shipments are acceptable if the customer and the Contracting Officer are notified in advance and agree to the partial shipments.

PACKAGING, PACKING, LABELING AND MARKINGS

a. PACKAGING

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

(2) Shipping containers made of fiberboard or plastic shall be in such condition to protect the products against damage and deterioration. Vans will meet all carrier requirements to ensure safe and sanitary arrival at destination.

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

(4) Individual sales unit (pkgs) shall be marked with information required by paragraph b. below.

b. MARKINGS:

(1) Individual sales unit (pkgs) shall indicate the following:

Item nomenclature Package content Sell by date or Product Expiration date

(d) Production Plant Code

(2) All markings shall be clear, legible, nonfading and durable.

(3) To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary marking such as “KEEP REFRIGERATED” shall be used on all cases when appropriate to individual items.

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

(5) Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.

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INSPECTION AND ACCEPTANCE:

Inspection and Acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. Failure to identify latent defects or similar issues at time of acceptance will not absolve the Contract of its liability or preclude the customer from obtaining appropriate remedy upon the timely discovery of said defects or issues after-the-fact. In this circumstance, the customer shall notify the Customers Representative who will coordinate with the Contracting Officer in seeking appropriate resolution.

It is a requirement of this solicitation that products shall be inspected within 24 hours after receipt. However, failure to promptly inspect or accept supplies shall not relieve the Contractor from responsibility, nor impose liability on any of the customers, for nonconforming supplies. See clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph 1.

The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to be noted on the delivery ticket by the Government receiving official and truck driver.

The authorized Government receiving official’s signature and printed name on the delivery ticket is required for acceptance of the product. All signatures and printed names MUST be legible. Failure to adhere to this requirement may severely limit the Contracting Officer’s ability to resolve disputes and may lead to the Contracting Officer finding against the Contractor.

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

Additionally, upon completing the delivery (or deliveries) and before the carrier leaves the installation, copies of the invoices may be required to be delivered to a central “Accounting/Troop Issue” activity on the installation.

RETURNS/REJECTIONS/LATE SHIPMENTS

The Contractor/vendor shall accept returns under the following conditions:

Products shipped in error;

Products damaged in shipment;

Products with concealed or latent damage;

Products that are recalled;

Products that do not meet shelf life requirements;

Products delivered in unsanitary delivery vehicles;

Products delivered that fail to meet the minimum/maximum specified temperature;

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

Products that are not from a sanitarily approved source.

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

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

Rejection will occur for the following reasons:

(a) Nonconformance to sanitary and/or medical standard

(b) Nonconformance to terms and conditions listed in the resultant contract

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All or part of the delivery will be rejected depending on whether the nonconformance is critical. The authorized representative of the Contracting Officer will determine whether the nonconformance is critical.

A price adjustment (PA) will be taken by the Contracting Officer, as consideration, for any or all minor nonconforming products. A determination will be made at point of delivery by the Contracting Officer as to rejection or acceptance with a price adjustment.

Late shipments: A price adjustment (PA) will be taken by the Contracting Officer as follows:

One (1) day late: 15% of the total value of the shipment Two (2) days late: 50% of the total value of the shipment Three (3) days or more: rejection of the entire shipment

NOTE: One (1) day late will already be considered in the event the truck arrived after regular operating hours of the respective delivery location on the delivery date specified.

XII. DELIVERY INSTRUCTIONS

Vendors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. All trucks shall maintain proper temperatures, as determined through standard commercial practices. Deliveries shall be F.O.B. Destination to all ordering activities and delivery points. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The Contractor shall delivery all products on one-way pallets only. A listing of all the delivery points can be found at Attachment 2.

Customers’ delivery schedules (days and times) routes and stop-off sequence will be coordinated and verified with the customers on a post award basis by the awardee(s). The current delivery schedules and number of deliveries are included in Attachment 2.

Products for individual customer/dining facility must be segregated on separate pallets. Many of the military bases have more than one delivery point. All products shall be segregated by individual ordering locations and loaded into the delivery vehicle in reverse drop sequence. The intent is to provide expeditious off-loading and delivery to the customer.

The contractor shall also ensure that the personnel loading and delivering the product provide professional, prompt and efficient service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the contractor.

The supplier agrees that on regular working days trucks shall arrive at destination not before 0700 hours and not later than 1430 hours unless by prior agreement with local representatives. Government personnel can reject, at the installation gate, shipments for which drivers have inadequate identification to gain access. Government personnel will “sign-in” vehicles at the installation gate.

Regular working days are defined as all days EXCEPT Saturdays, 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 Troop Support Europe & Africa 30 days prior to the actual holiday or event.

When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless otherwise agreed to by the customer. Vendors must give at least one

(1) month notice of all approaching holidays (Local and US) to coordinate deliveries and accommodate customers. Spaces for Local Holidays, which may be observed, have been added below and the vendor shall fill them in before an award is made.

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day

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Memorial Day Thanksgiving Day Independence Day Christmas Day

Note: US Federal Holidays: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday.

In the event deliveries are delayed by the Customers due to changes in Military Readiness, such as postponed delivery dates (for example Navy shipments) the Contractor may charge demurrage costs if approved by the contracting officer prior to delivery. Demurrage costs will start accruing after 4 hours and these cost shall not exceed USD 33.00 per hour with a maximum (not to exceed) of 12 hours per day per truck.

Customers will absorb demurrage costs associated with offloading delays except when such delays are contractor caused. The total amount of demurrage charges shall be proved to the Government by providing the respective invoices to the Contracting Officer prior to approval.

NOTE: CUSTOMS CLEARANCE PROCEDURES FOR U.S. SUBSISTENCE IN THE EUROPEAN UNION

(a) Contractor will obtain from the appropriate customs clearance officer an Import/Export Declaration (AE Form 302-1). The customs clearance document will be utilized for goods which are the property of, or destined to be the property of the US Armed Forces for every shipment to the US Government in Europe which enters, leaves, or transits Benelux, Denmark, France, Italy, Spain, Yugoslavia, Macedonia, Turkey and German irrespective of the mode of transportation and point of delivery. The AE Form 302-1 will be processed and distributed as follows:

It consists of 1 original and 5 copies, numbered 1 through 6. Contractor will receive from the issuing customs clearance officer of the appropriate Defense Subsistence Office, copies No. 1, 2, 3, 5, and 6 plus insert copies of AE Form 302-A as required. Copy No. 4 is retained by the issuing customs clearance officer. The contractor is required to complete columns a, b, and d of all copies when exact quantities are known. When completed, copy No. 6 will be returned to the issuing customs clearance officer. The contractor will use copies No. 1, 2, 3, 5 and insert copies to move supplies across applicable border crossings as follows:

Copy No. 1 will be used at border point of exit.

Insert copies (AE Form 320-A) will be used to transit multiple countries. One copy will be presented at border entry point and one copy at border exit point. Additional copies may be required for consignees in some countries.

Copy No.l, 2, and 3 will be presented to the customs office at the border entry point of the consignees country for processing. Copy No. 3 will be retained at the border. Copies No. 1 and 2 will be returned to the transporter to be delivered to the consignee with the cargo.

(b) The transporter will surrender all copies of customs documents to the consignee upon delivery. Upon receipt and acceptance of the cargo the consignee will complete the certificate of receipt on copies No. 1 and 2. The consignee will return Copy No. 1 to the issuing customs clearance officer. Copy No. 2 will be returned to the border entry point to close customs files and release appropriate commercial documents. The transporter may request the completed No. 2 copy to hand carry back to the border entry point. This procedure is at the discretion of the consignee since it remains the consignee’s responsibility to return the No. 2 copy to the border entry point.

(c) When cargo is rejected the consignee will annotate the rejection on copies no. 1 and 2. The transporter will be given a copy (photocopy) of the AE Form 302-1 with rejections annotated and will be instructed to present that copy to

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customs when returning with the rejected product. Rejected product entering a country through customs on AE Form 302- 1 may not be disposed of without proper customs authorization.

XIII. RECALL PROCEDURES REQUIREMENTS

In the event that a product recall is initiated by the vendor, supplier or manufacturer, the vendor should follow the procedures as outlined below:

(1) Immediately notify the following personnel:

a. Customers that have received the recall product

b. DLA Troop Support Europe and Africa Contracting Officer

c. DLA Troop Support Europe and Africa Account Manager

d. DLA Troop Support E & A Food Safety and Quality Assurance at +49(0)6314112193

(2) Provide the following information to the DLA Troop Support Europe & Africa Food Safety and Quality Assurance Officer:

(a) Reason for recall

(b) Level of recall, i.e., Class I, II or III

i. Class I: Dangerous or defective products that predictably could cause serious health problems or death. Examples include: food found to contain botulinum toxin, food with undeclared allergens, a label mix-up on a lifesaving drug, or a defective artificial heart valve.

ii. Class II: Products that might cause a temporary health problem, or pose only a slight threat of a serious nature. Example: a drug that is under-strength but that is not used to treat life-threatening situations.

iii. Class III: Products that are unlikely to cause any adverse health reaction, but that violate FDA labeling or manufacturing laws. Examples include: a minor container defect and lack of English labeling in a retail food.

(c) Description of product

(d) Amount of product

(e) List of customers that have received product

(f) Name and phone number of responsible person (Recall Coordinator)

(3) The vendor should provide a Final Status Report of Recall, when completed, to the DLA Troop Support Europe and Africa Food Safety and Quality Assurance Officer.

(4) At the discretion of the affected customers, the vendor shall either replace at no additional cost or adjust the invoice quantity for any recalled product. Delivery of replacement product shall occur at the discretion of the customer.

XIV. FORCE PROTECTION PROCEDURES / FOOD DEFENSE

As the holder of a contract with the Department of Defense, the contractor should be aware of the vital role they play in supporting our customers. It is incumbent upon the contractor to take all necessary actions to secure product delivered to all Military customers as well as any applicable commercial destinations. We strongly recommend all firms to review their force protection/food defense plans relating to plant security and security of product in light of the heightened threat of terrorism and secure product from intentional adulteration/contamination.

a. Quality Control

DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United

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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 Troop Support to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items.

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

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 their facilities and consider whether fencing and locking devices are adequate. Never leave open trucks unattended

b. Seals

A numbered seal which is logged and signature confirmed is required at each base delivery address. A seal is not required for each delivery point within the base. The seal will be removed at the first stop. The seal number will be confirmed at the first stop with a signature and date. A lock on the trailer is required between delivery points within a base location.

c. Security Locks

Security Locks shall be properly placed on delivery vehicles. In order to maintain the product safety, the driver must take precautions ensuring that a third person does not have access to the goods while unloading and loading. During transportation the truck/trailer must be securely locked at all times, only the driver should have access. In the event the truck/trailer is delivering to commercial entities, the truck/trailer shall be secured with a seal prior to entering US installations. The seal needs to be registered. Prior to departing the US Installation, the truck/trailer needs to be sealed again and the new seal needs to be registered.

d. Background Checks

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 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.

XV. DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS- CONTROLLED INSTALLATIONS

a. Designated country citizens (passport holders) are not authorized access to US Military/US Government controlled installations. Performance under this contractual document does not authorize designated country citizens access to such installations.

b. Designated country as used in this provision includes Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, Peoples Republic of China (including Tibet), Syria, Yemen and the former Yugoslavia (Serbia, Montenegro, Bosnia and Herzegovina).

c. The contractor agrees to insert the substance of this provision, including this paragraph, in all subcontracts.

XVI. US MILITARY INSTALLATION SUPPORT

A. Management:

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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.