Solicitation_SPE3S1-16-Q-0019.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000050416

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE3S1-16-Q-0019

5. SOLICITATION NUMBER

2016 SEP 23

6. SOLICITATION ISSUE

DATE

Jasmine Brown PSPTRAB

a. NAME

Phone: 215-737-2937

b. TELEPHONE NUMBER (No Collect calls)

2016 OCT 26

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT

SUBSISTENCE SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

311999NAICS:

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

47PAGE 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

This acquisition is being processed under the authority of FAR 13.5, "Test Program for Certain Commercial Items" and therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1.

Caution Notice to Potential Offerors:

I. All 47 pages of this solicitation shall be returned with the quote.

II. In accordance with DLAD 252.225-7012 the Berry Amendment shall be the applicable “sourcing” restriction.

III.The Reverse Auction clause found at DLAD 52.215-9023 is applicable as determined by the contracting officer.

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SPE3S1-16-Q-0019

Part 12 Clauses

TABLE OF CONTENTS FOR SOLICITATION NO: SPE3S1-16-Q-0019

Page No.

Caution Notice 3 Item Description / Pricing 6 Introduction 7 Technical Data/ Statement of Work 7 Solicitation / Contract Clauses 21 FAR Clause 52.212-2 Evaluation—Commercial Items 21 FAR Clause 52.212-1 Instructions to Offerors—Commercial Items, (by reference) 21 FAR Clause 52.212-3 Offeror Representations and Certifications—Commercial Items 23 FAR Clause 52.212-4 Contract Terms & Conditions Incorporated by Reference 31 Addendum to FAR Clause 52.212-4 Contract Terms & Conditions 31 FAR Clause 52.212-5 Contract Terms & Conditions Required to Implement Statutes or Executive Orders 38 FAR Clause 52.215-9023 Reverse Auction 41 FAR Clause 52.211-16 Variation in Quantity 42

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Continuation of Blocks from SF 1449

2. Block 9

› Address and Submit “mailed” offers to :

DLA Troop Support ATTN: Jasmine Brown

FTRA- WS 6B117

Philadelphia, PA 19111

OR

› Transmit “facsimile” offers to: (215) 737-4115 Offers submitted to any other facsimile number shall not be considered for award.

3. Block 17a › Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22

Line No.: 0001

NSN: 8920-01-529-6603

Nomenclature: Tortillas, Shelf stable (2-Count Packages) Quantities: Minimum: 150,000 Packages Estimated: 900,000 Packages Maximum: 1,800,000 Packages

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SCHEDULE OF SUPPLIES

1. Item Description

CLIN 0001

NSN: 8925-01-529-6630

Item Description: TORTILLAS, SHELF STABLE, bulk pack, 200/2-count packages per case, min 6 oz. flex PG, each count of 50 tortilla packages shall be separated by divider/sleeve made from a firm material such as cardboard in order to prevent packages from shifting. Tortillas shall be used in the Unitized Group Rations- Heat & Serve and UGR-M.

Specification: PCR-T-008A 30 July 2013 w/Change 01 23 January 15

Est. Annual Qty. Unit of Unit Price Total Estimated Issue Dollar Value

Tier 1 300,000 2-Count Package $_________ $_______________

Tier 2 300,000 2-Count Package $_________ $_______________

Tier 3 300,000 2-Count Package $_________ $_______________

Total Aggregate Offer Price for all 3 Tiers $_________ ______

All prices offered must be F.O.B. Destination. Prices must include freight to the following destination:

Defense Depot Tracy W62G2T

W1BG DLA DISTRIBUTION

25600 S. CHRISMAN ROAD

WAREHOUSE No. 30, Section 2 – UGR

TRACY, CA 95376-5000 US

Unit prices shall be formatted using no more than two decimal places. Ex: $XX.XX The required delivery dates will be 6 weeks after issuance of each delivery order.

3. Effective Period of Contract:

Effective Period: Date of award through 1,095 days (three years).

See FAR clause 52.216-22, Indefinite Quantity and DFAR clause 252.216-7006, Ordering for delivery periods and ordering.

4. See clause 52.216-19 –DELIVERY ORDER LIMITATIONS – for individual delivery order quantities. COMPLETE DELIVERY

INSTRUCTIONS WILL BE PROVIDED WITH EACH DELIVERY ORDER.

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INTRODUCTION

DLA Troop Support intends to enter into one Indefinite Delivery Purchase Order (IDPO) with the purpose of obtaining shelf stable tortillas to be used in the Unitized Group Ration – Heat & Serve and UGR-M Programs.

The resulting award shall be a Fixed-Price IDPO, in accordance with reference DGPA 13.390. The resulting award will be a 3-year contract. The effective period will be the date of award through 1,095 days. NOTE:

Deliveries might fall outside of the effective period.

Low Price Technically Acceptable (LPTA) procedures will be used for this acquisition. The Government intends to award to the responsible offeror that adheres to the solicitation requirements and provides a technically acceptable product demonstration model (PDM).

The Government will award an IDPO resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Price;

(iii) Past performance (see FAR 15.304);

(iv) Food Defense Checklist

Upon the closing of the solicitation, the Government reserves the right to conduct negotiations concerning price and/or the technical proposal.

Offerors are required to submit the completed solicitation, the pricing proposal, past performance information, PDMs, and the completed Food Defense Checklist.

Note: Offerors must meet all terms, conditions, and requirements of this solicitation.

II. CONTRACTING AUTHORITY

A. DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modify any requirement of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the DLA Troop Support Contracting Officer.

B. In the event the vendor effects any change at the direction of any person other than the DLA Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will be made to cover any costs associated with such change.

III. TECHNICAL/QUALITY DATA

1. PRODUCT DEMONSTRATION MODEL (PDM) INFORMATION

Product Demonstration Model (PDM): The Government requires Product Demonstration Models (PDMs) for each item while the solicitation is open. The PDMs must be received no later than the time set for closing of offers. Offers will be evaluated to determine compliance with all characteristics listed for evaluation in FAR 52.212-2 herein. Failure to furnish PDMs by the closing date and time specified in the solicitation may be cause for rejection of the quote. A cover letter may accompany the offer to set forth any information you wish to bring to the attention of the Government.

PDMs are to be submitted at no expense to the Government and must be received prior to the time set for closing of offers. PDMs will become the property of the Government and will not be returned to the offeror. Failure to submit PDMs may result in rejection of an offer.

The PDM is the standard to which all production under any contract resulting from this solicitation must conform. Offerors are cautioned that samples produced in test facilities may not be comparable to the product produced on a production line, which result in rejection of the product. Also major changes in production methodology or, such as implementation of new technology, may result in

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production that does not meet the production standard, which would require the submission and evaluation of new PDMs. Should the contractor at any time plan to, or actually produce the product using different raw material or process methodologies from the approved Product Standard, which result in a product non-comparable to the Product Standard, the contractor shall arrange for a Replacement PDM approval. In any event, all product produced must meet all requirements of this document including Product Standard comparability.

The Government will evaluate the PDMs for compliance with the item descriptions and product specifications and will also evaluate the sensory attributes of the food product to include appearance, odor, flavor and texture using the recognized 9-point quality rating scale to determine product quality. PDMs must conform to all specification/production description characteristics. Failure of models to conform to the specification may result in rejection of offer. Product offered shall conform to all packaging, labeling, and packing requirements as well as analytical requirements. The government shall not accept product from any resultant contract which does not conform to all requirements.

If negotiations are conducted concerning the technical proposal, offerors having unacceptable PDMs (hedonic scale score is lower than

6) may be given one opportunity to correct any deficiencies found during the evaluation of PDMs. The final rating will be based on second submission (if negotiations are conducted) and it must be rated “ACCEPTABLE” otherwise the final proposal will be rejected.

Offerors are advised that if they have any unacceptable PDMs after the second evaluation, their offer will be determined technically unacceptable and they will not be considered for award. The Government shall require each PDM to be rated as “Acceptable”. Revised or alternate PDMs submitted during negotiations shall be evaluated for the same criteria detailed above.

A total of 30 samples of PDM items shall be submitted as stated below:

12 PDMs shall be sent to:

Department of the Army

RDNS-SEC-EMR

Natick Soldier Systems Center 10 General Greene Avenue Natick, MA 01760 Lab # 508-233-5653 Jill.M.Bates@us.army.mil Jonathan.Ebert@us.army.mil

Note: The end or side of the box should have a sticker, or be printed on the box, with the following information:

Product Demonstration Model Sample Solicitation Number Product Identity Lot # Company Name and Address Point of Contact Name and Phone Number

Inside the case, along with the samples, should be the required paperwork, fully identifying the product, solicitation number, whether the item is an Initial, Replenishment, or Replacement PDM, USDA certification, any test results available, or any other information to assist in identifying the product and conducting the evaluation.

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their behalf. In those instances, the offeror will send written notification of subcontractor submissions to Natick and such PDMs must be clearly labeled for which offeror they are being submitted. This documentation must also be part of their proposal. PDMs will not be evaluated until written notification from the offeror is received. This consideration does not relieve the offeror of the full responsibility for submitting all PDMs in a timely manner. Late submissions of PDMs may be the basis for rejection of the proposal.

The offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to include: item, source of supply name and address, and item lot number. Note: Offerors may submit PDMs to Natick for evaluation any time after solicitation issuance.

A total of 16 PDMs shall be sent to the cognizant in-plant Government inspector. In this instance, the offeror shall advise the Government inspector after production of the PDMs and shall obtain a signed statement from the inspector confirming possession of the samples and identifying the samples as from the same production lot as those submitted to Natick. The offeror shall submit this statement(s) with this balance of PDM samples submitted to DLA Troop Support.

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mailto:Jill.M.Bates@us.army.mil mailto:Jonathan.Ebert@us.army.mil

The remaining 2 PDMs of the same product lot code as those submitted to Natick and the USDA government inspector shall be mailed along with your technical proposal to Jasmine Brown at the address listed on page 4.

PLEASE NOTE: This requirement is waived for any offeror who has submitted and received an acceptable rating on a PDM or FA from Natick, in the 12 months prior to the solicitation close date. Please provide documentation from Natick of the passing PDM score.

The PDMs required in this part of the solicitation, which are submitted to Natick, must have any required analytical results included as part of the offer for this technical evaluation factor. The analyticals are to be certified by the USDA (i.e., testing of official USDA samples by a USDA/AMS laboratory) for current suppliers of these items and self-certified by other potential offerors. Failure to submit the required certified analyticals with PDMs may result in the proposal not being considered for award. The offeror should include applicable documentation to establish that the product has been processed to meet commercial sterility requirements. e.g.: including incubation sample results.

Every 12 months, the Government Quality Assurance Representative (GQAR) will randomly select 12 replenishment samples for Natick and 16 replenishment samples for the government’s supply at origin from a lot accepted by the government for all contractual requirements. The contractor will be responsible for shipment to Natick. This replenishment may occur earlier if necessary to ensure an adequate supply of PDM samples. The contractor will also use samples from this same lot as the production standard.

Replenishment PDMs are defined as product samples used to reestablish the product standard due to depleting the current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for appearance, odor, flavor and texture, must be equal to or better than the existing product standard for all characteristics, and must meet the requirements for those characteristics in the appropriate product technical requirements document or specification(s). Upon acceptance the replenishment PDM will become the new product standard.

If a Replenishment PDM is rejected by Natick, the next conforming production lot will be submitted by USDA as a Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and any subsequent Resubmittal lots cannot be shipped by the manufacturer without an acceptable evaluation result from Natick.

The cut-off date for PDM Replenishments will be 18 months. After 18 months, USDA will submit a PDM sample to Natick as a Replacement PDM, following the PDM submittal process. The production lot that is used for the Replacement PDM submittal cannot be shipped by the manufacturer without an acceptable evaluation result from Natick.

If the contractor wishes to establish a new standard, that new standard would be called a Replacement PDM. Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to different ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the same submittal process as the initial PDM. At no time will there be two standards for the product.

Periodic Review samples are required for all rations items. The following are the requirements and distribution of samples: The USDA Inspector shall select eight samples of each item produced during each month of production. The eight samples will be selected from four random sampling points in the lot and Natick will receive samples from each of those four sampling points. The remaining samples will be distributed to the USDA review locations. These samples shall be designated as Monthly Review Samples. The USDA Inspector will ship them monthly to the following locations at the contractor’s expense:

One sample to the USDA, AMS, FV, SCI Division Review Locations (Washington, DC; Oshkosh, WI; South Bend, IN and Winter Haven, FL)

AND Four samples to:

Department of the Army

RDNS-SEC-EMR

Natick Soldier Systems Center 10 General Greene Avenue Natick, MA 01760

2. PACKAGING:

Preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements:

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Unit packages shall be designed and constructed so that the contents of each package shall be protected from damage during shipment and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or deterioration shall be protected by preservative coatings. Items requiring protection from physical damage, or which are fragile in nature (i.e., glass) shall be protected by wrapping, cushioning, etc. or other means to mitigate damage during handling and shipment. If screw caps are used, they shall be secured to the bottles with a band of plastic shrink film or plastic tape. All bottles shall be hermetically sealed (inner seal) and secured to withstand any position in the shipping container without leaking.

3. TRACEABILITY:

In order to facilitate an effective Traceability Program for the end-item Group Ration Program, the contractor shall ensure that each primary container (unit pack) and intermediate container, if required, has a lot number and/or Date of Pack (DOP). The date of pack is equal to the date of production. The date of pack on the Placards shall be identical to the material code on each individual case. These package codes shall be permanent and legible. Failure to comply will result in delayed payment.

Use of the Julian Date for the lot number and a time stamp (hour and minute of filling/sealing) is preferred. For example, (1296 12:15), 1296 = October 23, 2011 and 12:15 representing the time of filling/sealing. If the contractor’s lot identification is of their own coding, the contractor shall provide the coding information for the primary containers and the contract data markings upon delivery.

Package codes per case lot number shall be identified on the accompanying iRapt Report/Bill of Lading/DD250 upon delivery.

Additionally, the contractor shall ensure that Traceability Records include identifying ALL ingredients and ALL sources for those ingredients. This shall be accomplished for each item, brand, and component that is shipped to the Defense Depot (Assembler) for the Unitized Group Ration Programs. This information shall be made available within 24 hours.

6. DATE OF PACK:

Acceptance will be limited to product processed and packed subsequent to date of award of delivery order. Additionally, all shipments of components/product from a producer to destination/assembly points shall not be older than 90 days at time of shipment.

7. MISCELLANEOUS REQUIREMENTS:

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 110 “Current Good Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is required. In addition, the contractor is required to comply with all the provisions contained within specific parts of the Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable.

The Contracting Officer or any Government personnel designated by him shall be permitted entry into the contractor’s and subcontractor’s plants during performance of manufacturing operations. Except for inspection service, the Contracting Officer shall give prior notice of the purpose of the meetings and shall furnish dates of the visit.

8. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS:

For shipments to Department of Defense Depots, all Shipping Containers and Unit Load shall be marked in accordance with DLA Troop Support Form 3556, entitled “Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated October 2010.”

All unit loads shall be clearly marked with the following information on two adjacent sides of the load with the largest characters possible as follows:

Unitized Ration Component National Stock Number Item Name Date of Pack and/or Lot Number Number of Shipping Containers per Pallet Contract Number Contractor’s Name and Address Inspection Test Date (ITD) *

*The Inspection Test Date, the expected shelf life is found in the applicable solicitation/contract. To calculate the ITD, add the shelf life value to the month/year date of pack. Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 3 years = 6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape.

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Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the Contracting Officers discretion, reworked at a labor rate determined by the destination activity (not DLA Troop Support).

Pallets containing mixed lots will not be accepted.

Pallets containing material labeled with mixed delivery order numbers will not be accepted.

9. UNITIZATION:

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or plywood four-way entry pallet, or on a 48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load shall be bonded with non-metallic strapping, shrink or stretch film, or others means that comply with carrier rules and regulations applicable to the mode of transportation (adhesive bonding is not acceptable).

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be handled as a unit. For example, when strapping is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or shrink film is used, it must be applied low enough on the pallet to secure the load to the pallet. The unit load height shall not exceed 50 inches.

Inspection of unit loads shall be in accordance with classification Type III, Class G of DLA Troop Support Form 3507 of April 2014 entitled “Loads, Unit; Preparation of Semi-perishable Subsistence Items.”

The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height (Please note: In the height dimension, this includes the 1-3/8" slave board that the pallet and material are placed on). These dimensions are exact and can be no larger than what is specified. No overhang is permitted.

10. INTEGRATED PEST MANAGEMENT (IPM)

The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of April 2011 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place prior to the initiation of production of Government product. The IPM plan and the associated pesticide labels and MSDS documents are not to be submitted to DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found on the DLA Troop Support website at: http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_151204.pdf

11. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS:

As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will originate from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and approved by the U.S. Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. Requests for inspection and "Directory" listing by USAIPH will be routed through DLA Troop Support-FTRE for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTRE, in coordination with the Chief, Approved Sources Division, USAIPH.

SANITARY CONDITIONS

(a) Food establishments.

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in

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http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_151204.pdf an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at:

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below.

Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

(2) Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in Appendix A of the worldwide directory.

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

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

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.htm.

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at:

seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm.

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http://www.ams.usda.gov/POULTRY/Grading.htm

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/operation code.

Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed.

(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm.

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt plants/products, see the Worldwide Directory (available at:

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

(4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on accompanying shipment documentation.

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

(b) Delivery conveyances.

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

12. MISCELLANEOUS REQUIREMENTS:

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 110 “Current Good Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is required. In addition, the contractor is required to comply with all with the provisions contained within specific parts of the Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable.

13. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE

Rework of Nonconforming Product: The Government QAR must be informed and provided documentation of all rework results when product is presented for Government verification inspection or prior to Government inspection as indicated below.

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A. Corrective Action (Rework/Screen Inspections) Taken Prior to Government Verification Inspection (Receipt, In-Process And End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections conducted prior to the Government verification inspection do not require approval from the Government. Although the GQAR must be informed of all reworks, the contractor is not required to obtain approval to take corrective and preventive action as deemed necessary to ensure compliance with contractual requirements. For reworks requiring the Government's approval (as specified below), the contractor may submit a Standard Rework Procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTR, and DLA Troop Support-FTRE, and approved by the applicable Contracting Officer.

NOTE: All requests for rework shall be accompanied with a COMPREHENSIVE rework plan. The rework plan will include rational information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. When a contractor determines as a result of his end item inspection(s) or QSP that supplies do not conform to contractual requirements and the supplies cannot be reworked (such as drained weight, viscosity, piece size, residual air, etc), he has the alternative to request the Contracting Officer for a waiver for the nonconforming requirement. If the Contracting Officer approves the waiver request for a specific requirement, the written waiver approval shall be provided to the GQAR when the supplies are presented for Government Verification Inspection (the skip-lot inspection does not apply in this case). The GQAR shall inspect the supplies for compliance with all requirements of the contract, except the waived requirement. The Contracting Officer, in special circumstances, may request the GQAR to inspect for the non-conforming characteristics also, after the waiver for the nonconforming requirement has been provisionally approved, to determine severity of nonconformance only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a lot found nonconforming by the contractor be inspected by the GQAR to determine conformance to a requirement that has previously been established as nonconforming by the contractor’s inspection. After any lot’s failure or rework, if the lot is reinspected, it will be both Contractor and Government inspected at the next higher sample size.

B. The Following Reworks Must Be Coordinated with The Supervisory GQAR and Approved by The Applicable DLA Troop Support-FTR Office.

1. Insect or Rodent Infestation/Contamination: Reworks must be approved by DLA Troop Support-FTRE.

2. Food Safety and Foreign Material: All corrective actions for product retained due to processed/unprocessed container mix-ups must be approved by FTR. Thermal process deviations or deviations from the preparation, formulation or critical factors cited in the approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the complete lot is presented for Government end item verification inspection. If the producer fails to provide enough information/data in the case of a deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification inspection. These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements (USDA-FSIS, FDA). Foreign material identified during normal in-process control actions do not require a waiver request. However, foreign material discovered during in-house or GQAR/USDA end item inspection is cause for rejection of the lot. Rework request that result from foreign material identified during end item inspection of the in-house and/or GQAR/USDA requires prior approval from DLA Troop Support FTR.

Foreign material identified during normal in-process control actions does not require a waiver request from DLA Troop Support FTR, but does require USDA notification of the incident. However, foreign material discovered during the Contractor or GQAR/USDA end item inspection is cause for rejection of the lot. Rework

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requests that involve foreign material identified during end item inspections require approval from DLA Troop Support FTR before the rework activity can proceed.

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. coli, etc.) is not authorized.”

Note: Deviations (that occur during or prior to the production of a product) from specific preparation/ formulation/ingredient requirements cited in the specifications shall be submitted as a request for product deviation and must be approved and coordinated with the Specification Preparing Activity (Natick) through the applicable Contracting Officer.

3. Container Integrity Defects: All reworks due to container integrity defects noted during the producer’s end item inspection (for critical container defects only) or Government final lot end item verification inspection, must be approved by FTR unless 100% primary container rework of the entire lot is conducted at source. All containers exhibiting same or other container integrity defects must be removed during the 100% primary container rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the contractor at the location of the rework using the next larger sample size (for example, from 200 samples to 315, or if a second rework, from 315 samples to 500 samples). Rework results must be included with other paperwork when the lot is presented for Government end item verification inspection.

4. Second Time Reworks: All second time reworks must be approved by the applicable FTR office.

5. Nonconformances Noted During the Government End Item Verification Inspection:

All rework requests submitted for defects noted during Government end item verification inspections must be approved by the applicable Contracting Officer, unless exempted under paragraph 3 above.

C. Contractor's Quality History:

1. Effectiveness of corrective actions (rework/screen inspections) taken by the contractor prior to Government end item verification inspection (receipt, in-process and contractor's end-item inspections) will be determined by the results of the end item verification inspection performed by the GQAR. Corrective actions taken to ensure compliance with the contractual requirements prior to the Government end item verification inspection will not be counted against the contractor's quality history. If product is found conforming during the Government end item verification inspection, the corrective action will be determined to have been effective.

However, all requests for waivers and product deviations will be counted.

2. If product is found nonconforming during the Government end item verification inspection following contractor corrective action for the same defect (or defect category in case of critical container defects) for which the contractor took a corrective action, the corrective action will be determined to have been ineffective.

In addition to any action taken, the contractor must reevaluate their documented QSP and/or the implemented corrective and preventive action program by an internal audit and results must be submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, etc.) taken by the contractor due to a Government end item verification inspection rejection will be documented in the contractor's quality history records.

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of initial rejection.

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All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include rational information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. See “Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies”.

D. Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies

1. When contractor inspection or QSP, or Government verification by the QAR, reveals a process deviation or nonconforming lot, the contractor's written request for deviation, waiver, rework or re-inspection of the nonconforming lot(s) must be furnished, as appropriate to the Contracting Officer and cognizant Government QAR and shall at a minimum contain the following:

NOTE: Subject line should include what is being asked for (i.e.: Request for Waiver for Drain Weight of Beef Stew or Request for Rework for Residual Air for Apple Dessert)

a. Type of Request: Waiver, Notification, Re-inspection, Rework

b. Approval Required from DLA: Yes or No

c. Contractor Name/Address

d. Contract Number

e. Product Name

f. National Stock Number

g. Batch Number(s) (If Applicable)

h. Sublot(s) (If Applicable)

i. Lot Number(s)

j. Process Category (i.e. Work-progress/End Item)

k. Quantity

l. Specification Requirement Number (PCR, CID, etc)

m. Sample Size; Defect; Accept/Reject

n. Defect Classification: Critical, Major, Minor, NA

o. Inspection Failure (Summary of non-conformances)

p. Failure Identified: Processing, Packaging, End Item

q. Inspector: In-plant/Contractor or USDA

r. Date of Incident

s. Attachments (Provide in-house, USDA worksheets, in-process data)

t. Root Cause of nonconformance or deviation (Describe using a short detailed paragraph; Tell a story of the incident)

u. Corrective Action (Describe using a short detailed paragraph)

v. Preventive Action (Describe using a short detailed paragraph; if preventive action is not possible, state why)

w. Occurrence (Has this occurred before/when; if yes, what was the date/contract/lot number of last occurrence)

x. Estimated Cost

y. Effect on Delivery

z. Justification for request (What are you asking for?)

NOTE: All requests for rework shall be accompanied with a COMPREHENSIVE rework plan. The rework plan will include rational information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. After any lot’s failure or rework, if the lot is reinspected, it will be both Contractor and Government inspected at the next higher sample size.

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2. When a valid technical reason for re-inspection without rework is offered and permission is granted by the PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure;

reinspect the non-reworked lot after taking the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of recognized statistical methods.

a. If the statistical tests reveal no significant difference between the results of the two inspections,…