SPE3S1-16-R-0012.pdf

10. FOR

INFORMATION

CALL:

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT No.

SPE3S1-16-R-0012

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)X

2016 AUG 24

5. DATE ISSUED

1000048734

6. REQUISITION/PURCHASE No.

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

SOLICITATION

until (Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

AMENDMENT NO. DATEAMENDMENT NO. DATE

G

H

SEC.

B

A

C

E

D

F

(X)

FACILITY

CODE

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different

15A. NAME AND

ADDRESS

OF OFFER-

OR

10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () )

DLA TROOP SUPPORT

SUBSISTENCE SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

See Block 7

Business Opportunities Office, Bldg 36-2-S 3:00PM 2016-Sep-23

Matthew Conroy DMC0025

A. NAME

Phone: DSN-444-2183

B. PHONE/FAX (NO COLLECT CALLS)

Matthew.Conroy@dla.mil

C. EMAIL ADDRESS

X 1

X 2

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

EXT.NUMBERAREA CODE

PAGE OF PAGES

(4 copies unless otherwise specified)

CONTINUED ON NEXT PAGE

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SPE3S1-16-R-0012

SECTION A - SOLICITATION/CONTRACT FORM

SOLICITATION AND OFFER - FORM SF33

(CONTINUATION SHEET)

SECTION A

A-1

Note: All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103, and except on the closing date of this solicitation, in which case delivery must be made by the time set for receipt of offers as stated in block 8 of the Standard Form 33. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled closing time above. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 33 .

Examples of “hand carried” offers include: In-person delivery by Contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail and USPS Certified Mail.

Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is located within a secured military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee of the Bid Room. The following are telephone numbers for the Bid Room: (215) 737-8511, (215) 737-9044, (215) 737-7354, (215) 737-0317, or (215) 737-8566. It is the offeror’s responsibility to ensure that the offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time solicitation closes to allow for security processing and to secure an escort.

Note: This is a suggestion and not a guarantee that you will gain access to the base if you arrive one hour before the offer is due.

Facsimile and e-mail offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if discussions/negotiations are held, and for proposal revision(s), including Final Proposal revision(s).

Matthew Conroy (matthew.conroy@dla.mil) or James Lecollier (James.Lecollier@dla.mil) may receive the e-mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, if applicable, will be designated in that request. Submission of proposals and any revisions are subject to the terms of FAR 15.208.

Note: Submission of proposals through the upload capability in DIBBs is prohibited.

Note: The Government intends to evaluate offers and make award(s) without discussions with offerors.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

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Note: In accordance with DLAD Clause 52.215-9023, Reverse Auction, the Government may utilize Reverse Auction as a pricing technique under this solicitation.

Note: Included in Section I are the full text versions of the Cyber Incidents clauses, DFARS 252.204-7008, and 252.204-7012.

A-2

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

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. 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)

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract. 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)

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1. Supplies Estimated Requirements

0001 8920-01-651-9083 Performance Readiness Bar, Chocolate, 6,300,000 EA Fortified with Calcium and Vitamin D

Note: Actual ordering quantities and shipping information will be provided in individual delivery order(s).

Offerors are solicited on an F.O.B Destination basis only. Any offers submitted on a basis other than F.O.B.

Destination will be rejected as nonresponsive.

Locations:

Fort Benning Fort Benning, GA 31905

Fort Jackson Strom Thurmond Blvd, Columbia, SC 29207

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Fort Sill 4700 Mow-Way Road Fort Sill, OK 72503.

Fort Leonard Wood Fort Leonard Wood, MO 65473

Note: The locations phased for delivery will be Fort Benning with an estimated demand of 3.2 million and Fort Jackson with an estimated demand of 3.1. Before the end of the contract year, demand may increase as two more installations will be added, Fort Still and Fort Leonard Wood.

B-2 Quantity Requirements A. The quantities shown in the schedule, below, represent the estimated quantities, the estimated minimum quantities, and the estimated maximum quantity.

The minimum quantity and the maximum quantity, as stated above, assume one contract is awarded under this solicitation. If multiple awards are made, the guaranteed minimum quantity for each resulting contract will be the aggregate of the estimated minimum quantities of the line-items under each respective contract. The maximum quantity for each contract will be the aggregate of the estimated maximum quantities of item. Thus, there will not be a guaranteed minimum quantity or a maximum quantity for the item. Further, the minimum quantity and the maximum quantity under each contract will apply to the entire term of the contract.

Estimated Estimated LINE ITEM/NSN Minimum Qty. Estimated Qty. Maximum Qty.

0001 Performance Bar, Chocolate, 3,300,000 6,300,000 10,300,000 Fortified with Calcium and Vitamin D.

NSN: 8920-01-651-9083

B. It is anticipated that will be issued monthly. The first month will be for two months of delivery requirements and then one month for each monthly requirement. Monthly delivery orders will increase as the new destinations are incorporated into the program. Estimated monthly delivery for the initial locations are 270,000 per month.

B-3 Pricing

The contractor must complete the pricing line for to be considered for award, failure to complete the line will result in a rejection of the offer. The contractor must submit an offer on an F.O.B Destination basis.

ITEM/NSN Estimated Quantity Unit Price ($) Performance Bar, Chocolate Fortified with Calcium and See Min/Max $___________

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Vitamin D

NSN: 8920-01-651-9083

B-4 New Items:

Continuous improvements in the Operational Rations program may result in new items over the life of this contract. The replacement of one product for another will be accomplished through a unilateral change order in accordance with clause 52.243-1, Changes Fixed Price. Requests for adjustment to the contract price upward or downward, if any, shall be submitted to the Administrative Contracting Officer. Also, see clause 52.243-7 Notification of Changes in section I.

B-5 Product Demonstration Models (PDMs):

Acceptable PDMs, also referred to as approved PDMs, will be used as production standards by both the Contractor and the Government. The production lots/product-codes used as the production standards by both the Contractor and the Government shall be identical. The approval of any PDM will not constitute a waiver of the requirement that all delivered product must meet all other contractual requirements such as but not limited to analytical requirements, physical requirements, microbiological requirements and/or performance requirements unless specifically stated by the Contracting Officer. The Contractor shall be responsible for the shipment of PDM samples to Natick, to DLA Troop Support, and as required, holding samples at the Contractor’s site

As required by this solicitation/contract, for each component item requiring a PDM, each Contractor shall possess said Contractor’s own set of approved PDMs and shall be responsible for the retention and distribution of said PDMs to Government entities.

Initial PDM:

PDMs must be submitted prior to the close of the solicitation and found to meet the standards as referenced elsewhere in the solicitation. Refer to Sections L and M for submission and evaluation instructions for PDMs. Offerors shall warrant that product submitted under any resultant contract shall conform to all packaging, labeling and packing requirements as well as analytical requirements. Product from any resultant contract that does not conform to all requirements shall not be accepted by the Government.

New PDM (may not apply):

During the course of contract performance, new items may be introduced for delivery during the next delivery period. PDMs are required for all new food items and shall be submitted 45 days prior to end of the current delivery period and the start of the delivery period in which the new items will be incorporated into the MRE. If approved product technical requirements documents for new food items are not available to meet this requirement, PDMs shall be submitted within 30 days from the date the requirements document is published.

Offerors shall certify that the PDM(s) conforms to all specification/production description characteristics, or shall adequately describe any differences the PDM may have from the requirements of the product description or specification(s). Upon approval by DLA Troop Support, the New PDM will become the product standard.

Replacement PDM:

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Changes in production methodology or packaging, such as implementation of new technology, may result in a product noncomparable to one or more observable characteristics of the production standard.

If it is determined by the contractor that any change in a product characteristic, other than changes to shape or dimension compatible with performance requirements, results in a product that is no longer comparable to the production standard, the contractor shall submit a replacement. If it is determined that any changes to shape or dimension impact on the ability to compare the new product to the production standard in terms of the performance requirements designated for appearance, odor, flavor, and texture, the contractor shall submit a replacement. The contractor shall submit a replacement PDM if determined necessary by the Government. Offerors shall certify that the PDM(s) conforms to all specification/production description characteristics, or shall adequately describe any differences the PDM may have from the requirements of the product description or specification(s).

The contractor shall bear all expenses incidental to the submission of Replacement PDMs to Natick and their evaluations by Natick.

Upon approval by DLA Troop Support, the Replacement PDM will become the product standard.

Replenishment PDM Every 12 months, or as needed, for finished-product the Contractor shall replenish the Government's supply of PDM's at origin with 32 samples randomly selected from a lot inspected and accepted by the Contractor for all contractual requirements. In addition, the Contactor shall randomly select from the lot 32 replenishment samples for Natick and 6 replenishment samples for DLA Troop Support.

Upon approval by DLA Troop Support, the Replenishment PDM will become the product standard.

Submission Process for New, Replacement, and Replenishment PDMs:

A total of 38 PDMs of each item shall be submitted as follows:

A total of 32 PDMs of each item shall be sent to:

DEPARTMENT OF THE ARMY

RDNS-SEC-EMR (Jill Bates)

NATICK SOLDIER SYSTEMS CENTER

10 GENERAL GREENE AVENUE

NATICK, MA 01760

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

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

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Inside the Case, along with the 32 PDMs, should be the required paperwork fully identifying the item;

the lot number; the contractor; the contract number; the type of PDM (New, Replenishment, or Replacement);

the current PDM lot number; USDA certification as applicable; analytical and microbiological test results performed by contractor and/or Government; any other information to assist in identifying the product and conducting the evaluation. Analytical and microbiological test results, wherever required, must be submitted with PDMs.

Contractors must possess 32 of their own sets of approved PDMs that were derived from identical finished-component production lots and/or identical bulk-component production lots; to be referred to as in-common product-code PDMs. The submitting Contractor will send written notification of in-common product-code submissions, endorsed by each participating Contractor, to DLA Troop Support for approval by the Contracting Officer. DLA Troop Support shall notify Natick as to which contractors are submitting what in-common product-codes. Once notified of Contracting Officer approval, the submitting Contractor shall include in its submission package the identity of the Contractors for whom the submission pertains. The submitting Contractor shall also be responsible for the distribution and shipment of any in-common product-code PDM samples to Natick and to DLA Troop Support.

1/ Bulk-packed means packing prior to finished-product packaging.

Evaluation Process for New, Replacement, and Replenishment PDMs:

A Natick PDM evaluation panel shall evaluate New and Replacement PDMs for compliance with product specifications and for compliance with the sensory characteristics designated and defined in the product’s technical documents. These sensory characteristics, namely appearance, odor, flavor, and texture (or combination thereof where dictated by the product’s technical documents), shall represent distinct sensory characteristic categories and shall be evaluated by category by panelist. Each panelist shall assign to each sensory characteristic category a quality rating by using a 9-point quality scale, where 9 is the highest rating and 1 the lowest rating. The mean value of the panelist’s ratings for each sensory characteristic category shall be determined.

Natick shall assign an overall quality scale rating to each New and Replacement PDM that it evaluates.

The overall rating shall be equal to the mean score of the lowest-rated sensory characteristic category. For each New PDM, an overall quality rating of 6.00 through 9.00 shall indicate an acceptable rating and an overall quality rating of 1.00 through 5.99 shall indicate an unacceptable rating. For each Replacement PDM, an overall quality rating of 6.00 through 9.00 shall indicate an acceptable rating and an overall quality rating of

1.00 through 5.99 shall indicate an unacceptable rating. In addition, for a Replacement PDM to be found “acceptable”, its overall quality rating shall be equal to or higher than the original overall quality scale assigned to the Initial, New, or Replacement PDM representing the item to be replaced. A lower overall quality rating shall indicate an unacceptable replacement rating.

Natick shall evaluate Replenishment PDMs for appearance, odor, flavor and texture; and the evaluation must determine the Replenishment PDM to be equal to or better than the existing product standard for all characteristics in order to be rated as “Acceptable”.

The results of Natick’s PDM evaluations shall be reported to DLA Troop Support as “Acceptable” or “Unacceptable”. An “Acceptable” PDM-rating shall not constitute a waiver of any specification requirement unless specifically stated by the Contracting Officer.

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

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C-1 DESCRIPTION/SPECIFICATION

PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM AND VITAMIN D, CHOCOLATE;

2.3 oz (65 gm) flex pg, PCR-P-049, Flavor I, NSN: 8920-01-651-9083

C-2 PRIME DOCUMENT

PCR-P-049, PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM AND VITAMIN D, dated 1 June 2016.

C-3 DATE OF PACK

Acceptance will be limited to product that has been processed and packed subsequent to date of award.

No product shall be older than 60 days (from date of product production) at time of shipping unless authorized by the contracting officer. The date of production is the date the bar is produced prior to packaging.

C-4 MISCELLANEOUS REQUIREMENTS

COMPLIANCE WITH APPLICABLE REGULATIONS

The Contractor shall comply with 21 CFR §110 “Current Good Manufacturing Practice in Manufacturing, Packaging, or Holding Human Food” and all applicable regulations. The Contractor shall ensure all sub-contractors comply with all applicable regulations. In addition, the contractor is required to comply with all with all applicable parts of the Code of Federal Regulations. For example, for low-acid canned-food manufacturers, 21 CFR §110 and §113 are applicable.

All products shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, processing, thermoprocessing, packaging, labeling, packing, storage, and distribution of those products and with all applicable provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder.

PERFORMANCE, PACKAGING AND QUALITY SPECIFICATIONS

This solicitation incorporates the Product Contract Requirements (PCR) and packaging requirements and quality assurance provisions to form an integrated technical package.

Unless otherwise specified in Sections C, D, or E of this document, Sections C, D, and E of the PCR are applicable in their entireties.

PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

As required by 48 CFR §246.408-70, Subsistence; AR 40-657/NAVSUP 4355.4H/MCO P10110.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, Inspection of Subsistence Supplies and Services; DLAD 52.246-9044, Sanitary Conditions; and as clarified by the Armed

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Forces Food Risk Evaluation Committee, all Operational Ration Food Components shall originate from establishments sanitarily approved for supplying the specific food item.

Sanitary approval is established by:

Listing in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement (Worldwide Directory) as established by the Army Public Health Center, or

An establishment specifically exempted from listing in the Worldwide Directory by AR 40- 657/NAVSUP 4355.4H/MCO P10110.31H paragraph 2-15a(2)(a) through (i).

This requirement applies to all Operational Rations and all Operational Ration food components.

Requests for inspection and Worldwide Directory listing by VETCOM will be routed through DLA Troop Support-FTR 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-FTR, in coordination with the Chief, Approved Sources Division, USAPHC.

NUTRITIONAL REQUIREMENTS

A nutritional analysis for each product requiring a PDM shall be provided to the U.S. Army Natick Soldier Research, Development & Engineering Center (NSRDEC) within two weeks of the award of the contract and each time there is a major formulation change.

The Nutritional analysis shall be generated by the Genesis® R&D Food Analysis and Labeling Software (ESHA Research, Salem, OR, USA), version 9.0 or higher. The analysis shall be sent electronically to NSRDEC (attn.: Julie Smith (julie.e.smith30.civ@mail.mil). The Genesis® food list files shall be provided for a 100 gm portion.

Genesis® food item files shall be provided for a 100 gm portion.

Genesis® food item files shall be included in the analysis file.

The ingredients and weight of each ingredient shall be included for each formulation.

Nutrients included shall be:

Nutrient Measurement Nutrient Measurement Weight gram Kilocalorie C Protein gram Carbohydrate gram Dietary Fiber gram Fat (Total) gram Cholesterol milligram Fat (Saturated) gram Water gram Fat (Monounsaturated) gram Ash gram Fat (Polyunsaturated) gram Vitamin A IU Fat (Trans) gram Riboflavin

Milligram B2 Thiamin (B1) milligram

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Vitamin B6 milligram Niacin (B3) milligram Vitamin C milligram Vitamin B12 milligram Vitamin E (α-equivalents) milligram Vitamin D milligram

Calcium milligram Folate microgram Iron milligram Selenium milligram Phosphorus milligram Copper milligram Sodium milligram Magnesium milligram Zinc milligram Potassium milligram Fluoride milligram

The nutrients as required under the Nutrient Content paragraph and the verification of the nutrients as required under the Methods of Inspection paragraph in each specification is mandatory.

Nutrient measurements shall be to the first decimal.

INTEGRATED PEST MANAGEMENT PROGRAM REQUIREMENTS

The “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of 28 April 2011 is applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this solicitation/contract. The IPM program shall be in existence prior to contract award. The IPM plan and the associated pesticide labels and MSDS documents are not to be submitted to DLA Troop Support, unless specifically requested by the Contracting Officer. The contractor shall have these documents available for on-site review during a Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit.

Evidence of any insect, rodent or pest infestation discovered in contact with materials or equipment used in the production of or found in an end-item component or assembly lot shall be cause for rejection of the involved lot.

DLA Troop Support shall be notified when such pest activity has been found and informed of the corrective actions taken. IPM program requirements are found on the DLA Troop Support website at:

http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx

FOOD DEFENSE

The submission and implementation of a Food Defense Plan is required for this DLA Troop Support Subsistence contract. A Food Defense Plan shall be in existence prior to start of production. The plan shall address those areas of concern listed in the DLA Troop Support Food Defense Checklist applicable to the contractor’s facility/operation. To download a copy of the DLA Troop Support Food Defense Checklist, http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx or contact the applicable DLA Troop Support Contracting Officer or the Quality Audits & Food Defense Branch (DLA Troop Support-FTSB).

Submit Food Defense Plans to the applicable DLA Troop Support Contracting Officer. The Quality Audits & Food Defense Branch (DLA Troop Support-FTSB) is the only DLA Troop Support office authorized to review and approve Food Defense Plans. All Food Defense Plans are maintained and secured by FTSB.

CONTRACTOR SANITATION PROGRAM

The “Contractor Sanitation Program – Operational Rations,” of November 2015 is applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this solicitation/contract. The Contractor Sanitation Program shall be in existence prior to contract award. The

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SPE3S1-16-R-0012

http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx program is not to be submitted to DLA Troop Support unless specifically requested by the applicable DLA Troop Support Contracting Officer. The contractor shall have the program available for on-site review during a QSMV or Quality Systems Compliance Audit. Evidence of any insect, rodent or pest infestation; foreign material; or contamination discovered in contact with an end-item component or assembly lot shall be cause for rejection of the involved lot. Contractor Sanitation Program requirements are found on the DLA Troop Support website at: http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx.

ADDITIONAL REQUIREMENTS

Approval or acceptance of a Product Demonstration Model (PDM) shall not constitute a waiver of any specification requirement unless specifically stated by the Contracting Officer.

Product shall be shipped on an oldest-date-of-pack basis. Proper care of the product is the contractor’s responsibility prior to acceptance by the Government.

In view of the fact that ANSI/ASQC Z1.4, Sampling Procedures and Tables for Inspection by Attributes, does not contain the definitions for critical, major, and minor defects, the following definitions become contractually binding through their inclusion here:

Critical defect. A critical defect is a defect that judgment and experience indicate would result in hazardous or unsafe conditions for individuals using, maintaining, or depending on the item; or a defect that judgment and experience indicate is likely to prevent the performance of the major end item, i.e., the consumption of the ration.

Major defect. A major defect is a defect, other than critical, that is likely to result in failure, or reduce materially the usability of the unit of product for its intended purpose.

Minor defect. A minor defect is a defect that is not likely to reduce materially the usability of the unit of product for its intended purpose, or is a departure from established standards having little bearing on the effective use of operation of the unit.

AGE OF INGREDIENTS: Contractors formulating and producing end-item operational rations food items, and for each item that is manufactured, shall maintain a list of ingredients (generic name, brand name, producer name, supplier name, or in case of bulk packed plant or animal ingredients, country of origin) and the time and temperature serviceability limitations the contractor will impose on each ingredient. Each ingredient’s time limitation is to be calculable using its date of pack as the starting point. A copy of this list will be made available to the Contracting Officer upon request. This paragraph does not modify time and/or temperature limitations specified for ingredients elsewhere in this solicitation/contract, including its technical data package and product specifications.

INGREDIENTS FROM FOREIGN SOURCES: When ingredients are from a foreign country, the contractor shall have that ingredient listed on their “Master List of Ingredients from Foreign Sources”. For each ingredient, the Master List shall list the ingredient, the country of origin, and the product(s) in which the ingredient is used. The Master List shall be updated as necessary. The Master List shall be provided to the DLA Troop Support Contracting Officer upon request.

INGREDIENT SOURCES: The following ingredient suppliers are being provided:

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Ingredient Company/ Point of Contact

#FT150302 -Premix - Calcium Carbonate/Vit D3

DSM Nutritional Products (formerly Foritech) 2105 Technology Drive, Schenectady, NY 12308

POC: Nina Marcella- Foritech Premixes Phone: (518) 688-2319 Email: nina.marcella@dsm.com

#0306070 Plum/Date/Grape Paste (50 lb pail)

#0306080 Plum/Date/Grape Paste (30 lb pack)

Mariani Packaging Company

POC: Nancy Vicino Phone: (707) 452-2800

Soy Protein Crisps 639 (80% protein) and Crisp Rice - Tiny Round 200

PGP International

POC: Linda Sakona Phone: (530) 662-5056

#220454 Wilbur, Choc Wafers H-365

Dutch Valley Food Distributors

POC: Tom Cugini Phone: (800) 733-4191

SECTION D - PACKAGING AND MARKING

PACKAGING:

Packaging requirements applicable to the Performance Readiness Bar Food are specified in Section D-1 of the currently contractual Product Contract Requirements (PCR) document.

LABELING:

Labeling requirements applicable to the Performance Readiness Bar Food are specified in Section D-2 of the currently contractual Product Contract Requirements (PCR) document. document.

PACKING:

One hundred packaged bars will be packed in a snug-fitting shipping container and closed in accordance with good commercial practices.

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DATE OF PACK/LOT NUMBER _______ 2/, 3/

UNITIZATION:

Unit loads shall be arranged in accordance with the requirements of Type III, Class G – Commercial Loads, Palletized, of DLA Troop Support Form 3507, Loads, Unit: Preparation of Semiperishable Subsistence Items1/.

1/ Pallets shall conform to requirements cited in the General Requirement section of DLA Troop Support Form 3507.

MARKING:

SHIPPING CONTAINERS: Shipping containers shall be marked in accordance with DLA Troop Support Form 3556, Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence with the following exceptions:

Identification/contract data markings normally placed on an end of the shipping container shall read from top to bottom, left to right, when the shipping container is in its upright position. The following identification markings shall be applied to the shipping case end panel:

The following markings shall be included on the side panel immediately to the right of the marked end of the shipping container:

8920-01-651-9083

PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM AND VITAMIN D, CHOCOLATE

QUANTITY __________

WT. _______CU. _______

CONTRACT NO. _________________________

NAME, ADDRESS, AND ZIP CODE OF CONTRACTOR (e.g. TEFCO, INC., BROOMALL, PA 19101

U.S. GOVERNMENT PROPERTY – COMMERCIAL RESALE IS UNLAWFUL

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2/ Contractor shall mark the applicable date of pack/lot number by embossing, stamping, printing, stenciling, jet or laser printing on each shipping container.

3/ For finished product, the “date of pack/lot number” is defined as the quantity of finished product assembled within a production day. For purpose of marking shipping cases, the contractor may use either an open date (e.g. 5/25/2014) and/or a Julian Date (e.g. 4145).

The Armed Forces symbol for Subsistence shall be applied to the right and adjacent to the identification/contract data markings. The color of the crescent shall be in contrast to the applied surface.

Vertical or “picket fence” configuration bar code markings or label (representing the National Stock Number (NSN) and contract number shall be applied in an area adjacent to the identification/contract data markings.

When space does not permit placing all of the bar code markings on one surface of the shipping container, the bar code markings will be placed on an adjacent side of the container. The bar code markings shall be placed a minimum distance of 1 inch from the top or bottom edges of the container and .5 inches from the side edge of the container. A minimum distance (quiet zone) of 0.25 inch from the nearest identification marking will be maintained. The bar codes shall be applied in either of the following format: (1) stacked on three separate lines (left hand start characters vertically aligned) or (2) applied in line with NSN preceding the contract number. A minimum space of 0.5 inch separating the bar codes shall be maintained. On fiberboard shipping containers, either bar code labels or direct printing are acceptable. If labels are used, the bars shall be black with a background earth tone color such as tan, beige, taupe or green.

Assembled unit loads shall be marked in accordance with DLA Troop Support Form 3556, Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence.

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

SECTION E - INSPECTION AND ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government reserves the right to invoke source inspection on this contract. The Government must exercise its post-acceptance rights – Within a reasonable time after the defect was discovered or should have been discovered; and Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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Saving and reserving all rights under the general inspection requirements of DLAD Clause 52.246-9023, the procedures for inspection and acceptance will be as follows:

E-1. Particular Requirements for Performance Readiness Bar Contractor

The word "contractor", as used herein, shall mean the primary performance readiness bar manufacturer and/or packager or the subcontractor manufacturing and/or packaging the performance readiness bar for which this contract applies.

The contractor will have a higher-level contract quality assurance program (QAP) that supports continuous improvement in the particular requirements applicable to the Performance Readiness Bar.

E-2. Performance Readiness Bar (PRB) Quality Assurance Requirements

The Contractor is responsible for the following requirements and the Government reserves the right to request inspection and production records from the Contractor at any time.

E-3. Contractor Product and Packaging Inspection

The contractor shall perform or have performed all inspections (examinations and tests) required in accordance with Section E of Product Contract Requirement PCR-P-049, in accordance with the contractor’s Higher-Level Contract Quality Assurance Program, and in accordance with this solicitation/contract. Inspection shall be contractor paid inspection.

E.4. Packaging and Packing Materials Packaging components (e.g., fiberboard shipping boxes, cartons, rollstock, preformed pouches, packets, accessory and menu sub assembly pack bags, material & menu bags, strapping materials, fiberboard caps, adhesive, tape, etc.) are subject to the Certificate of Conformance FAR Clause 52.246-15. Any inspections required by the specifications may be performed by the Government to assure compliance with the specifications.

E-5. General Inspection (Examination/Testing) Requirements

When contractor determines as a result of his inspection(s) or QAP, or is informed by the Contracting Officer as a result of Government inspection, that the supplies do not conform to contractual requirements, he has the following alternatives:

1. Produce and inspect a new lot.

2. Screen or rework and reoffer conforming supplies (provided screening or reworking is not detrimental to the product and does not conflict with other requirements, e.g. time, temperature, etc.). See "Rework of Nonconforming Product Pre or Post Acceptance" for applicable situations.

3. Request the Contracting Officer to consider acceptance of the nonconforming supplies in accordance with paragraph "Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming Supplies".

4. When valid technical reason(s) exist for suspecting the verity of the inspection results, request the Contracting Officer's permission to reinspect the supplies without screening or reworking. The request must be made in writing in accordance with paragraph "Request for Rework, Request for Waiver, Request for

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Deviation, or Reinspection of Nonconforming Supplies". Any lot with one or more valid critical/major A defect(s) will not be reinspected without reworking or screening of all units. Examples of valid technical reasons are:

A. After finding the lot nonconforming for net weight, it is discovered that the scales used for the inspection were out of adjustment or B. After finding the lot nonconforming for a chemical test characteristic, it is discovered that a chemical used in the analysis has deteriorated or had not been properly prepared.

E-6. Rework of Nonconforming Product Pre or Post Acceptance

(A.) All reworks and screening inspections conducted prior to initial Government inspection of the lot do not require approval from the Government. Although the Contracting Officer 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.

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 QAP 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. The Contracting Officer, in special circumstances, may request nonconforming supplies to be inspected by the Government Quality Assurance Representative (GQAR), after the waiver for the nonconforming requirement has been provisionally approved, to determine severity of nonconformance only. After any lot’s failure or rework, if the lot is reinspected, it will be Contractor and/or Government inspected at the next higher sample size.

(B.) The Following Reworks Must Be, As Required, Approved by the Applicable DLA Troop Support-FTRC Office.

1. Insect or Rodent Infestation/Contamination: Reworks must be approved by FTRC/FTSB.

(a) Any product that is offered to the Government that has been produced using a bulk product or an ingredient product lot(s) that has, at any time, been identified as containing or having contained evidence of insect or rodent activity must be approved by FTR. When product is presented for Government verification, the Government QAR must be informed and provided documentation identifying the evidence of insect or rodent activity and all corrective action taken to render the bulk/ingredient product serviceable.

2. Food Safety and Foreign Material:

(a) All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mix-ups must be approved by FTRC. NOTE: In addition to FTRC approval, approval by the cognizant regulatory agency, FDA, USDA-FSIS, or USDC, is required.

(b) Any product that is offered to the Government that has been produced using a bulk product or an ingredient product lot(s) that has, at any time, been identified as containing or having contained foreign material must be approved by FTRC. The Contracting Officer must be informed and provided documentation identifying the foreign material and all corrective action taken to render the bulk/ingredient product serviceable.

(c) Retesting/reinspection/rework of product that tested positive for food borne pathogens is not authorized.

(d) These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements (USDA-FSIS, FDA).

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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. Second Time Reworks: All second time reworks must be approved by the applicable FTRC contracting officer.

4. Nonconformances Noted During Government Inspection: All rework requests submitted for defects noted during Government inspection must be approved by the applicable contracting officer.

5. For reworks requiring the Government's approval, the contractor may submit a standard rework procedure (SRP), for certain defects, under the contractor's documented QAP Corrective and Preventive Action Program.

The SRPs must be specific and these must be evaluated by DLA Troop Support-FTRC and approved by the applicable contracting officer.

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

7. 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 Reinspection of Nonconforming Supplies”. 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.”

(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 contractor. Corrective actions taken to ensure compliance with the contractual requirements prior to the Government inspection will not be counted against the contractor's quality history. If product is found conforming during Government inspection, the corrective action will be determined to have been effective.

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

E-7. Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming Supplies

(A.) When the requirements cited in the section of this solicitation/contract entitled “Rework of Product Pre or Post Acceptance” require that a written request for deviation, waiver, rework, or reinspection must be furnished, as appropriate, to the Contracting Officer, that request shall at a minimum contain the following:

1. Contractor's name and address.

2. Contract number, lot number(s), and quantity.

3. Item nomenclature and NSN, whether a component or end item.

4. Specification number, table/paragraph number, sample size, AC/REJ number(s), defect number(s), number of defects. Identify the pouch codes of defective units.

5. Classification of defects: Critical _____ Major ______ Minor _____

6. Cause of nonconformance or deviation, and corrective and preventive action.

a) State the root cause of the deficiency.

b) State the corrective action and the preventive action contractor has taken/will take to preclude recurrence.

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c) If preventive action is not possible, state why.

7. If deviation/nonconformance is of a recurring nature, the frequency of occurrence and date/contract/lot number of last occurrence.

8. Effect on cost/price.

9. Effect on delivery schedule.

10. Full justification for request for deviation, waiver, rework or reinspection.

11. Submit in-process data (MPC,SPC) and contractor and Government end-item records for the involved lot(s). Submit retort records, copy of process schedule and letter from Processing Authority if a process deviation.

12. Applicable to the defect found or class of defects for critical defects, identify the situations where the lot exceeded control limits (out-of-control, exceeded action level or number) according to in-process records (MPC, SPC), and identify the corrective actions taken for each instance.

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.

(B.) When a valid technical…