Attachment_1_-_SOW_BTW_Israel.docx

06 June 2018 Attachment 1 – STATEMENT OF WORK

Indefinite Delivery Purchase Order Non-Carbonated Bottled Water for Troop Support in Israel

SPE303-18-A-XXXX

Vendor: TBD

I. INTRODUCTION

The Defense Logistics Agency Troop Support Europe & Africa (DLA TS E&A) intends to award one Indefinite Delivery Purchase Order (IDPO) to a commercial entity for the supply of bottled water, non-carbonated to Department of Defense (DoD) customers located within the boundaries of Israel as indicated via Attachment Delivery Locations (Attachment 2).

All items delivered to US Troop Customers shall be produced, processed and prepared in accordance with the highest commercial standard practices, shall conform to those products the contractor offers for resale in European outlets, and shall be produced in an approved production facility in accordance with Attachment 3 - DLA BTW QA Requirements.

The contractor shall only provide the products as indicated in “Appendix A – Schedule” of this Statement of Work (SOW).

Period of performance: 36 Months (to be defined at time of award).

II. CONTRACTING AUTHORITY

The DLA TS E&A Contracting Officer is the only person authorized to approve changes, or modify any requirement of the IDPO. Notwithstanding any provisions contained elsewhere in the IDPO, said authority remains solely with the DLA TS E&A Contracting Officer.

In the event the contractor effects any change at the direction of any person other than the DLA TS E&A Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made. DLA TS E&A Contracting Officer must authorize any modification or costs associated with a change. Requests for information on matters related to the resultant IDPO, such as an explanation of terms or contract interpretation, shall be submitted to the DLA TS E&A Contracting Officer.

III. AUTHORITY TO ORDERS

A. Ordering Activities

DOD customers will place orders using the Subsistence Total Order and Receipt Electronic System (STORES) catalog. The vendor may be responsible for establishing and maintaining the STORES catalog.

B. Extent of Obligation

Beyond the guaranteed minimum (3 pallets) as per the contract, the Government is obligated under this IDPO only to the extent that authorized orders are actually placed. Only those items specifically listed in the contract are authorized for delivery. DOD personnel are not authorized to order or accept products other than those listed in this contract. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the supplier and may result in non-payment as well as cancellation of this contract. Items authorized for delivery under this contract must be produced only in the production plants, which have been specifically approved for this purpose. Delivery of products not produced in approved plants, shall be at the risk of the supplier and may result in non-payment as well as cancellation of this contract.

IV. ORDERING/INVOICING

The automated Subsistence Total Order and Receipt Electronic System (STORES) will be used to the maximum extent practical. All Orders are to be placed on Monday through Friday before 12:00 hours Central European Time (CET). Orders placed after 12:00 hours CET shall count as orders placed on the next working day. Orders may be placed on Saturdays and/or Sundays but will be considered as orders placed on the following Monday. Orders will be sent via a computer generated fax (STORES Purchase Order).

A. Ordering Procedures and Limitations

Ordering under this contract shall generally be accomplished in writing by fax 10 days prior to the required delivery date with:

Company Name:

Address:

Telephone:

Cell Phone:

E-mail:

Changes to or cancellation of orders shall be placed 5 working days prior to required delivery date or soon as feasible.

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

C. Additional Customers The Government reserves the right to add or remove DOD and non-DOD customers from the same distribution area, based on a mutually agreed upon implementation plan followed by a formal modification to the contract(s).

D. Delivery Ticket Invoicing Procedures

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

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

2. Contract number and order number;

3. Date of Purchase;

4. Itemized list of supplies (Nomenclature) furnished;

5. Item number (National Stock Number),

6. Quantity delivered,

7. Unit price, subtotals and extended totals;

8. Date of delivery;

9. Place of delivery with DODAAC Number

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

11. Signature of Receiver (US Representative) and Date

12. Payment terms

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

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

Upon delivery, receiving installation will verify all information on the delivery ticket-invoice against the requested and received supplies. All discrepancies with the order shall be resolved with the vendor. All receipt discrepancies shall be annotated on the delivery ticket-invoice. The authorized receiving personnel must initiate all erasures or changes on delivery ticket-invoices.

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

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

E. Invoicing Procedures

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

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

F. Payment

1. Payment of invoices will be made by:

Defense Finance & Accounting Service – Columbus Center DFAS-BVDP (SL4701) PO Box 369031 Columbus, Ohio 43236-9031 U.S.A.

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

Payment terms: 10 Days Net

V. PERFORMANCE AND DELIVERY

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

All orders placed shall be shipped and delivered complete. Partial shipments are not authorized.

VI. PACKAGING AND MARKING

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

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

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

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

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

Individual packages shall show the following outside markings:

(1) Item Nomenclature

(2) Net Weight

(3) Expiration date

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

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

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

(2) Contract number as assigned

(3) Net weight of shipping container

(4) Quantity

(5) Item Nomenclature

(6) Stock Number as assigned

(7) Date of Product produced/Expiration Date

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

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

VII. DELIVERY REQUIREMENTS

Deliveries shall be F.O.B. Destination to all ordering activities and delivery points including occasional deliveries to ships at their designated piers, free of damage, and of a frequency up to six days per week depending on the individual requirements of the customer. The contractor should be aware that the personnel numbers at the various locations may fluctuate during the year. The normal lead time for routine orders is 10 days.

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 Sundays and US Holidays, and days which have been declared to be Holidays by law in effect in the country where the deliveries are made. Holiday Delivery schedules or any event that will affect normal weekly deliveries shall be provided to DLA TS E&A 30 days prior to the actual holiday or event.

Deliveries need not to be made to any destination on a day which has been declared a holiday by law in effect in that locality unless the contractor agrees to do so. Alternate delivery days will be arranged if the local holiday coincides with the regular delivery schedules.

VIII. ACCEPTANCE/REJECTION OF PRODUCTS

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 standards

(b) Nonconformance to terms and conditions listed in this contract

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 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.

Only the Contracting Officer has the authority to make any decision concerning non-critical non-conformance. Critical non-conformances will be elevated to the United States Army Public Health Command- Europe by the Contracting Officer for further actions.

IX. TEST SAMPLES

US Veterinarian Food Inspection Personnel may take samples from delivered quantities at any time for the purpose of submission to the Commander, Vet Lab Europe, CMR 402 APO, AE 09180. Testing will be performed in accordance with requirements of AE 40-70.

X. SECURITY MEASURES/FORCE PROTECTION

The DLA TS E&A provides world-wide subsistence logistics support during peacetime as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage or terrorism. This increased risk requires DLA TS E&A to insure steps are taken to prevent the deliberate tampering and contamination of subsistence items.

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

The following security guidance is provided:

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

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

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

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

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

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

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

8. Ensure employee background checks are up to date.

9. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use.

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

11. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk.

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.

Installation Access Passes remain the property of the US Government. Copies of Installation access Cards will be furnished to DLA TS E&A within 15 days of start of performance period. All Installation Access documents will be required to be returned to DLA TS E&A within 2 business days in the event the contract is terminated or at the end of the performance period.

XI. PRODUCTION PLANTS AND CHANGE IN PLANT LOCATION

All products offered shall be produced, processed and prepared only in production plants listed in the Directory of Sanitary Approved Food Establishments for Armed Forces Procurement (AR 40-657). The contractor shall notify the contracting officer within 30 days of any changes in production plant. Changes in product source are required to be approved by the Contracting Officer.

XII. LICENSES

The Contractor is responsible for obtaining any necessary export and/or import license including any certificate for sanitation, such as are required by the Government of the country into which the supplies are being imported, and for complying with all applicable laws relating to production, handling, shipping, exporting and importing of the supplies. The contractor agrees that the supplies furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

XIII. DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS-CONTROLLED INSTALLATIONS

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

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).

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

XIV. 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 this SOW. 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.

Appendix A: Schedule

Water bottled, 0.5 liter

Water bottled, 0.75 liter

Water bottled, 1.5 liter

Remaining Shelf Life Upon Delivery

Effective dates for prices (to be defined upon award):

Ordering Period 1: 12 months (i.e. 2018-2019) Ordering Period 2: 12 months (i.e. 2019-2020) Ordering Period 3: 12 months (i.e. 2020-2021)

Water non-carbonated or Spring 0.5 liter bottle shrink wrapped packaging

Water non-carbonated or Spring 0.75 liter bottle shrink wrapped packaging

Water non-carbonated or Spring 1.5 liter bottle shrink wrapped packaging

Water non-carbonated or Spring 0.5 liter bottle shrink wrapped packaging

Water non-carbonated or Spring 0.75 liter bottle shrink wrapped packaging

Water non-carbonated or Spring 1.5 liter bottle shrink wrapped packaging

All prices are FOB Destination.

One-way pallets shall be used.

Minimum Quantity Per Order: 3 Pallets per Location

Numbering of days needed from order until delivery: 10 Calendar Days