Solicitation_(SOW)_-_SPE30317R0002.docx

SPE303-17-R-0002 UHT MILK EUROPEAN UNION, NORWAY, KOSOVO, MACEDONIA AND TURKEY

BLOCK 8 (continued):

Offer Due Date/ Local Time:

January 24, 2017, 15:00 (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:

MEGAN BUSA

DLA TROOP SUPPORT EUROPE AND AFRICA

KLEBER KASERNE

MANNHEIMER STR 218/219, BLDG 3229, ROOM 305C

67657 KAISERSLAUTERN

DELIVER HANDCARRIED OFFER, INCLUDING DELIVERY BY COMMERCIAL CARRIER TO:

MEGAN BUSA

DLA TROOP SUPPORT EUROPE AND AFRICA

KLEBER KASERNE

MANNHEIMER STR 218/219, BLDG 3229, ROOM 305C

67657 KAISERSLAUTERN

All hand carried offers are to be delivered to building 3229 room 305C 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 305C, 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 phone, facsimile transmission, letter, in-person 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

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)

Table of Contents

Attachments

Attachment 1: Commercial Item Description for Drinking Milk and Milk Products – 01 July 2008 Attachment 2: Delivery Locations Attachment 3: Schedule of Items Attachment 4: Sample Monthly Management Reports

CAUTION NOTICE

The Solicitation is issued unrestricted with full and open competition. The solicitation contains one 12 month base period and four 12 month option periods. The length of the contract, including options if exercised, may total 60 months or 5 years. The NAICS is 311511. This solicitation utilizes the Low Price Technically Acceptable methodology of evaluation under FAR 15.101-2.

This will be an indefinite delivery/indefinite quantity type award. Delivery orders will be placed against the contract at the catalog price in effect at the time the order is placed. The awardee(s) will be required to have a computer system capable of accepting delivery orders and processing Electronic Data Interchange (EDI) transactions. This contract will require the Contractor to have electronic commerce/electric data interchange EC/EDI capabilities. Information regarding EDI can be found in Attachment 4 of this document.

All contractors choosing to conduct business with the Department of Defense must now be registered in the System for Award Management (SAM) database. In addition, we encourage all vendors that receive contract awards as a result of this solicitation to access the “Dynamic Small Business Search” feature of SAM to identify potential suppliers and teaming partners for this initiative. You may access the System of Award Management at www.sam.gov and click on the “Dynamic Small Business Search” button. When making your procurement decisions we encourage your consideration of local business as a means to nurture small business and local economies.

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 17 A page 2.

3. Indicate remittance address if different from Sam.Gov

4. Sign in Block 30a., name in Block 30b., and date in Block 30c.?

5. Fill in authorized negotiators information (name and title) Block 17 A 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?

9. Submit Origin Price for every item listed in Attachment 3 - Schedule of Items / Offer Sheets for the Base Term, Option 1, Option 2, Option 3 and Option 4)?

10. Submit Distribution Prices for the Base Term, Option 1, Option 2, Option 3 and Option 4 in Attachment 1 – Schedule of Items / Offer Sheets?

__11. Submit one hard copy and two copies on CD/DVD discs of all mandatory submission requirements (See page 23)?

__13. Checked 52.204-9001 Electronic Order Transmission (See page 35)?

__14. Verified banking information is correct (payment will be made to account included in offer)?

__15. 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 (See page 50)?

16. Fill out all Order Lead Time Information on pages 12-14?

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.

STATEMENT OF WORK (SCOPE)

I. INTRODUCTION

1. DLA Troop Support Europe and Africa intends to enter into an Indefinite Delivery Indefinite Quantity Contract (IDIQ) contract with commercial firms to supply a full line of UHT Milk to Department of Defense (DoD) Customers located in the Europe Union, Norway, Kosovo, Macedonia and Turkey in accordance with the Commercial Item Description for Drinking Milk and Milk Products, dated 01 Jul 2008 (Attachment No. 1 to this RFP). Payments to awardee are to be made in US Dollars. Payment to be set up in US Dollars prior to the beginning of contract performance. All offers are to be made in Dollars.

1. This solicitation consists of one zone covering Department of Defense (DoD) 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) contract 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, Hungary, Romania and Bulgaria.

The following non-EU Countries are included:

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

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

1. This solicitation is Unrestricted with Full and Open Competition. It utilizes the Lowest Price Technically Acceptable Source Selection Process as specified in FAR 52.212-2 Evaluation -Commercial Items.

Any award made against this solicitation will result in a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Contract. An IDIQ contract will provide for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the Contractor (reference FAR 16.504(a)).

II. EFFECTIVE PERIOD OF CONTRACT

A. Each resultant contract may be for a total of 5 years (one 12 month base period plus four 12 month option periods) commencing on the effective date of the contract. The base term of the resultant contract, and the term of any option under that contract, will not individually exceed 12 months. The contract period is from date of award, including the 60 days’ start-up (implementation) period (as noted in the requirements in Attachment No. 3 – Schedule of Item / Offer Sheets), for a total potential of five years of performance. The total length of the contract will not exceed sixty (60) months, or five (5) years.

III. OPTIONS

1. There are four (4) 12-month option periods in this solicitation. Acceptance of these options by the Contractor is mandatory. Distribution prices, must be submitted for each option period, as well as for the base period. The Distribution Prices offered on each option period will be calculated with the Origin Price proposed for each item. The Distribution Price for each option period may be offered as a dollar value, increase or decrease, from the base period. Changes expressed as a percentage will not be accepted. Failure to propose an increase or decrease of distribution prices in the option periods will be considered, and evaluated as, no change per option period.

IV. ESTIMATED DOLLAR VALUE/GUARANTEED MINIMUM/MAXIMUM

The following chart includes the 12-month estimated dollar value and the 5 year estimated dollar value, along with the guaranteed minimum and contract maximum values. The guaranteed minimum value and the maximum value, although based on estimates, are firm dollar amounts. The guaranteed minimum dollar value constitutes the Government’s legal ordering obligation under the contract. The Government may place, and the contractor must fill, additional orders above the guaranteed minimum dollar value, not to exceed the maximum dollar value.

Contract

MAX

(5 Years)

The term “12 Month Estimate” refers to the Government’s good faith estimate of the requirement for the base period.

The guaranteed minimum contract dollar value is $126,965.

The maximum contract dollar value is $9,522,340 for the entire 5year period.

V. REQUIREMENTS

A. START-UP PERIOD

The Contractor’s startup period will take place prior to the first order and is included in the base period. The Contractor shall submit a proposed implementation schedule to the Contracting Officer within fifteen (15) calendar days after award highlighting the steps that will be taken to implement a fully functional distribution account for all customers covered by this solicitation. An additional forty-five (45) days will be granted for actual implementation. No more than sixty (60) days after award will be permitted for any Contractor to have fully functional distribution accounts in place for all customers.

1. 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 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 and more use of electronic mediums available to conduct business with you as our business partners. The Defense Logistics Agency has undergone an Enterprise Business System (EBS) initiative. EBS conforms to a strict adherence of detailed line item payment in concert with the order.

The manual paperwork will no longer be 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:

1. 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).

3. 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 on the website receipts/orders by 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 the Defense Finance and Accounting Services (DFAS). This receipt information is available at this website for 8 weeks after submission. 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.

ONE OF THE ABOVE METHODS MUST BE USED AS PAPER INVOICES ARE NO LONGER A VIABLE OPTION.

VI. CATALOG PRICING

A. 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 base period of the contract.

D. Pricing Requirements: The final negotiated contract fixed unit price for each item delivered to all customers shall be in effect for a minimum of all orders issued during the base period. The prices shall remain in effect for the base period.

VII. CUSTOMERS

1. 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. New customers will be added for delivery as soon as the contractor is able to work into their delivery network but no later than 15 calendar days from the request for addition. The new customers are added within the terms, pricing and conditions of the contract. New customers, listing DoDAAC, location and delivery days, will be by way of a contract modification added to the contract on a quarterly basis. The modification will identify new customers added within the past quarter by the following schedule. January 1 to March 31, April 1 to June 30, July 1, to September 30 and October 1 to December 31. At any time, contracting officer can request the contractor to add new locations in writing to the contractor stating that modification to this effect shall be done along with the modification done on quarterly basis.

The Zone includes all Department of Defense (DoD) customers located in the European Union, Norway, Kosovo, Macedonia and Turkey. The European Union 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, Romania and Bulgaria. Not all these countries are current customers but they may be added as customers when service is needed. All Naval activity with ports in these countries are also considered customers of the Zone. 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.

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

1. This provision applies to the following customers:

(a) A new DoD, Non-DoD, or other authorized 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.

2. The customers described in paragraph B.1., above, and their requirements, may be added to Produce requirements, will be added to any contract resulting from this solicitation as follows:

(a) In the judgment of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or proximal to the geographic distribution region/zone of the resulting contract. In a circumstance where the customer is located in an area that is adjacent or proximal to numerous different existing contracts, the decision of which contract 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 customers(s).

(b) Complete price proposals to support the subject new customer(s), to include distribution and delivered prices, will be requested by 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 solicitation may be employed.

1. Under no circumstances may the resulting contract’s maximum doll value be exceeded with the addition of any customer(s) and its respective requirements.

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

VIII. CUSTOMER SERVICE

1. 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, demonstrate preparation, and provide nutritional information. The email addresses of the respective agencies’ representatives, or any other method of communicating, shall be furnished to the customers after award.

1. Vendors shall provide at least one (1) full time Customer Service representative to maintain continuous contact with all of the ordering activities. 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.

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

IX. 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.

1. 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.

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

1. The awardee shall be required to interface with STORES.

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

1. 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.

1. Vendors are required to utilize the Government’s item descriptions on all electronic ordering catalogs (832 transmissions) as well as on its invoices, delivery ticket to customer and 810 invoice transaction set.

1. 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.

1. 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.

(b) Each Contractor must fully comply with the DOD requirement to implement PKI in order for Our information systems to remain secure and viable.

X. ORDER PLACEMENT/ORDER LIMITATION FOR NAVY SHIPS

1. 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.

1. Order Lead time (calendar days):

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: 8 days

Changes accepted 6 days prior to delivery

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

Order lead time: 10 days

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:

Order lead time: 10 days

Changes accepted 7 days prior to delivery

Zone F: Greece (Crete):

Order lead time: 14 days

Changes accepted 11 days prior to delivery

Zone G: Balkans (Slovenia, Croatia, Kosovo, Romania & Bulgaria):

Order lead time: 14 days

Changes accepted 11 days prior to delivery

Zone H: Turkey:

Order lead time: 14 days

Changes accepted 11 days prior to delivery

Zone I: France:

Order lead time: 14 days

Changes accepted 10 days prior to delivery

Zone J: Denmark & Sweden:

Order lead time: 7 days

Changes accepted 5 days prior to delivery

Zone K: Norway & Finland:

Order lead time: 12 days

Changes accepted 9 days prior to delivery

XI. 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 is notified in advance and agrees to the partial shipments. Vendor and Customer are responsible for reconciling the partial shipments.

Vendor invoices only items shipped and Customer makes receipt of items received in STORES system.

XII. 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 (packages) shall be marked with information required by paragraph b. below.

b. MARKINGS:

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

(a) Item nomenclature

(b) Package content

(c) 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.

XIII. INSPPECTION AND ACCEPTANCE:

1. 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 Contractor 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 Customer Representative who will coordinate with the Contracting Officer in seeking an appropriate resolution.

1. It is a requirement of this solicitation that product 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

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 solve disputes and may lead to the Contracting Officer finding against the Contractor.

1. 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.

XIV. RETURNS/REJECTIONS/LATE SHIPMENTS

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

1. Products shipped in error;

1. Products damaged in shipment;

1. Products with concealed or latent damage;

1. Products that are recalled;

1. Products that do not meet shelf life requirements;

1. Products delivered in unsanitary delivery vehicles;

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

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

1. Products that are not from a sanitarily approved source.

1. 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:

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) may be taken by the Contracting Officer. The Contracting Officer will review the circumstances causing the late delivery. A determination will be made whether to apply a price adjustment. A price adjustment will be applied as follows:

Three (3) days or more: rejection of the entire shipment

NOTE: Truck Arrival (delivery) past regular receiving hours will be considered as one-day late delivery.

XV. DELIVERY INSTRUCTIONS

1. 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.

1. Customers’ installation 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.

1. Products for individual Customers/dining facilities 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.

1. The offeror shall also ensure that the personnel loading and delivering the product provide prompt and efficient service to the customer.

1. The supplier agrees that on regular working day 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.

1. Regular working days are defined as all days EXCEPT Sundays and US Federal Holidays, and days which have been declared to be Holidays by law in effect in the country where the deliveries are made. Holiday Delivery schedules or any event that will affect normal weekly deliveries shall be provided to DLA 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.

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

1. In the event deliveries are delayed by the Customers due to changes in Military Readiness, such as postponed delivery dates (Navy) 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. In the event deliveries are delayed by the customer. The total amount of demurrage charges shall be proved to the Government by providing the respective invoices to the Contracting Officer prior to approval.

XVI. FILL RATE

0. Order fill rates shall be calculated on an on-time, per order basis and tracked for monthly submission to the Contracting Officer/Account Manager. The fill rate shall be calculated as follows and shall not include substitutions, mis-picks, damaged cases or rejected product (No other method of calculating fill rate will be accepted):

Cases accepted X 100 = fill rate % Cases ordered

0. Definitions:

0. Cases accepted - product that the customer has received and receipted not including damaged cases, mis-picks, rejected products and product substitutions.

0. Cases ordered - product requested by a customer via STORES.

0. Vendors are required to maintain at a minimum a 98.0% fill-rate.

0. The Contractor will submit a monthly report, by customer, to the DLA Troop Support Europe and Africa Contracting Officer with the following information:

9. Fill Rate, and

9. List of all items that were not in stock, returned, damages, mis-picked, and substitutions.

XVII. 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:

(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., Type I, II or III

(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.

XVIII. 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 Troops 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 States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk 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 have not been tampered with or contaminated throughout the growing, storage, and delivery process. The contractor must immediately inform DLA Troop Support Europe & Africa of any attempt or suspected attempt by any part 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, signature confirmed and at a minimum, sufficient to ensure the integrity of the cargo 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.

XIX. DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS- CONTROLLED INSTALLATIONS

a. Designated country citizens (passport holders) are not authorized access to United States Army Europe (USAREUR), United States Air Force Europe (USAFE), and Navy Europe (NAVEUR) 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.

XX. US MILITARY INSTALLATION SUPPORT

A. Management:

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

The contractor shall take reasonable steps to ensure the good conduct of its employees and shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees.

The contractor shall promptly resolve, to the satisfaction of the contracting officer, all contractor employees performance, and conduct problems identified by the cognizant contracting officer or his/her designated representative.

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

B. Accounting for Personnel:

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

C. Risk Assessment and Mitigation:

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

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

D. Vehicle and Equipment Operation:

The contractor shall ensure that employees possess the required civilian licenses to operate the equipment necessary to perform the contract in the theater of operations in accordance with the statement of work.

The contractor and its employees may be held jointly and separately liable for all damages resulting from the unsafe or negligent operation of equipment.

E. Passports, Visas and Customs:

At the contractor employee’s and/or contractor’s expense, the contractor employees shall obtain all passports, visas or other documents necessary to enter and/or exit any area(s) identified by the contracting officer.

F. Status of Forces Agreement:

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

G. Tour of Duty / Hours of Work:

The contractor shall comply with all duty hours and tours of duty identified by the contracting officer or his/her designated representative. The contracting officer, or his/her designated representative, may modify the work schedule to ensure the government’s ability to continue to execute its mission.

XXI. NON-COMPETE PROVISION

The offeror warrants that, upon receiving the award, it will not actively promote, engage, or market any of the customers on this acquisition away from the resultant DLA Troop Support Europe and Africa contract and onto a UHT Milk subsistence contract of any commercial entity or any United States Government agency other than DLA. This prohibition is in effect during the life of the resultant contract and restricts competition in the specific area or zone that is the subject of this acquisition.