Solicitation SPM1C1-09-R-0073 - Sacramental Wines.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA paa7206 Inserted Text

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SOLICITATION NUMBER SPM1C1-09-R-0073

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: ______SPM1C1-09-R-0073_________________

Offer Due Date/Time: _____18 MAY 2009/ 3:00 PM_________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify):

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

TABLE OF CONTENTS FOR

SOLICITATION NO: SPM1C1-09-R-0073

TITLE PAGE

Caution Notice (if any) 5

Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items 1

Continuation of any block(s) from SF 1449 10

Contract Clauses

1. FAR 52.212-4 - Contract Terms and Conditions – Commercial Items 17

2. Addendum to FAR 52.212-4 22

3. FAR 52.212-5 - Contract Terms and Conditions Required to Implement 30 Statutes or Executive Orders – Commercial Items

4. DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement 41 Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items

Any Contract Documents, Exhibits, or Attachments (e.g., PID, Statement of Work) 15

Solicitation Provisions

1. FAR 52.212-1 - Instructions to Offerors – Commercial Items 43

2. Addendum to FAR 52.212-1 46

3. FAR 52.212-2 - Evaluation – Commercial Items 48

4. Addendum to FAR 52.212-2

5. FAR 52.212-3 - Offeror Representations and Certifications – Commercial Items 49

6. Addendum to FAR 52.212-3 (e.g., certifications re Surplus Material, Buy American Act)

7. DFARS 252.212-7000 - Offeror Representations and Certifications – Commercial Items 61

CAUTION NOTICE

Offers are cautioned that ALL components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008), as contained on page 38 of this solicitation.

This solicitation includes domestic preference requirements as identified in the Berry Amendment.

With regard to your offer under this solicitation, and any amendments thereto, the offeror shall confirm, in writing, compliance with the following:

Section 833 of the National Defense Authorization Act for Fiscal Year 2006 added language to 10 U.S. C.

2533a, requiring that all articles or items of "clothing", including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensor, electronics or other items added to, and not normally associated with, clothing (and the materials and components thereof).

Very Important: The vendor must certify their agreement to these terms by signing the certification located on the last page of this solicitation.

STOP SHIPMENT DELAYS AND REJECTIONS!

For deliveries to New Cumberland depot, ensure your Government or Commercial Bills of Lading are correctly annotated with the following information in the description of articles:

Weight Pieces National Stock Number(s) (NSNs) Contract Number Door #s 113-134 – Mission Delivery (storage)

-- or -- Door #s 135-168 – Container Consolidation Point (CCP) Delivery (OCONUS) (whichever applies to your freight)

Your truckers/dispatchers/ brokers/etc. should have this information readily available when they phone 717.770.6969 for a delivery appointment to Pre-Lodge.

The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

UTILIZATION OF WIDE AREA WORKFLOW – RECEIPTS AND ACCEPTANCE (WAWF-RA) IN

CONJUNCTION WITH DFARS 252.232-7003, Electronic Submission of Payment Requests (Jan 2004)

The Directorate of Clothing and Textiles utilizes VIM-ASAP, which is short for DLA Virtual Item Manager ARN Supply-Chain Automated Processing, to transmit data to WAWF-RA.

VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels. VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.

Advanced Shipment Notifications (ASNs) associated with DFARS clause 252.211-7006, Radio Frequency Identification (FEB 2007) are sent via VIM-ASAP to WAWF-RA processes.

Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!

For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr. Bud Wellens at 1-215-737-2778 For questions about invoice preparation, just call the DFAS Customer Service Resource Center at 1-800- 756-4571, or

Call DSCP DFAS liaisons listed below for assistance:

Camille Conaway 1-215-737-4406 Check out these resources:

http://www.dfas.mil/money/vendor/ …. the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.

http://www.dfas.mil/ …. information regarding bill paying process and additional points of contact

***** Please Note:

Don’t let the following common invoicing errors delay your payments any longer:

Missing or Erroneous Contract Number Missing Call/Delivery Order Number Missing or Erroneous Shipment Number Failure to Mark DD250 as an Original Invoice Failure to Distribute a Copy of the DD250 to the Contract Administration Office Terminal Contract Line Item Number (CLIN) is Omitted, Incorrect or Does Not Match that Appearing in the

Contract Missing or Erroneous Unit of Issue Quantity and Price are Incorrect Wrong Pay Office on Invoice

Here are three things you can do to speed your invoice payments:

Be sure your original invoice is properly completed and legible.

Submit your invoices electronically using the Web Invoicing System (WInS). It's fast, accurate, and costs you nothing! Learn more at the WInS Home Page, at: https://www.ecweb.dfas.mil/notes/, and start using WInS with your next invoice! or

If you currently receive delivery orders electronically, you could benefit by using an 810-invoice transaction.

Web Invoicing eliminates postage, snail mail, and much paperwork, and gets the invoice/voucher into the DFAS system usually within 24 hours. Web Invoicing is free to vendors doing business with the Government. You just enter the appropriate information and send your invoice to DFAS electronically. It provides help text and pull-down menus in many fields. For more specific questions, contact Janice Hockman

(703) 607-5111, Kirsten Larco (703) 607-4920 or Debra Jones (703) 607-2082

For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr. Bud Wellens at (215) 737-2778.

For questions about paper invoice preparation, just call the DFAS Customer Service Resource Center at 1- 800 756-4571, or

Call DSCP DFAS liaison listed below for assistance:

Camille Conaway (215) 737-4406

Check out these resources:

http://www.dfas.mil/money/vendor/ …. the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.

http://www.dfas.mil/money/vendor/ http://www.dfas.mil/ https://www.ecweb.dfas.mil/notes/ http://www.dfas.mil/money/vendor/ http://www.dfas.mil/ …. information regarding bill paying process and additional points of contact

NOTICE TO OFFERORS

The Department of Defense (DoD) is committed to applying “Best Value” contracting as a means to rely on industry for timely delivery of quality products, while reducing the Government’s administrative costs associated with contractor oversight. In addition to the factor of cost/price, an offeror’s technical acceptability will be determined by whether they take exception to the requirements of the solicitation.

Offerors who do not take exception to the solicitation will be considered technically acceptable.

Technically acceptable proposals will be evaluated for price reasonableness and award will be made to the lowest priced technically acceptable offeror.

http://www.dfas.mil/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: See below

2. Block 9 (continued)

Mailed offers should be sent to:

Defense Logistics Agency Defense Supply Center Philadelphia Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: _______SPM1C1-09-R-0073________________ Opening/Closing Date and Time _____18 MAY 2009/ 3:00 PM_______

Handcarried Offers should be delivered to:

Defense Supply Center Philadelphia Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: ________SPM1C1-09-R-0073______________________ Opening/Closing Date and Time ____18 MAY 2009/ 3:00 pm________

[Examples of Handcarried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier; or USPS Express Mail, USPS Certified Mail.]

Note: All handcarried offers are to be delivered between 8:00 a.m. and 4:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “handcarries” the package to the address specified above for handcarried offers prior to the scheduled opening/closing time. 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 1449.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

Facsimile offers are not authorized.

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 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror’s CAGE Code: ____________________________.

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

SF 1449.)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

Continuation of Blocks 19-24:

I. General Information

The purpose of this solicitation is for the Defense Supply Center Philadelphia (DSCP) to establish an Indefinite Quantity contract to provide Christian Ecclesiastical Wine for all Christian and Catholic chaplains. The offeror is responsible for the delivery of goods produced by various suppliers to the worldwide customers upon order. The objective of the Christian Ecclesiastical Wine Program is to provide quality ecclesiastical supplies in a timely and cost efficient manner.

II. Items/Price

This solicitation is being issued on an “ALL OR NONE” basis. Offerors are not authorized to offer on particular line items – all items must be offered upon or the offer may be rejected. Due to the Nature of the program, it is required that you bid on all items listed. All prices are to be entered in Schedule of Supplies/Services on page 14. Please provide a single unit price per item per year.

CLIN is simply our method of numbering how many prices are required.

NSN is the National Stock Number.

PLT is the production lead time for delivering the items.

U/I is the Unit of Issue that customers will order these supplies. The item description indicates how many units constitute a box.

BX=box

The remaining fields are for the Unit Prices for all years: Base, Option 1, Option 2, Option 3, and Option 4.

Item prices must be submitted for each option year as well as for the base year. Acceptance of the Option provisions contained herein is mandatory (see Clause 52.217-9P12). Exercise of the Option Term(s) is at the sole discretion of the Government. The option prices for each option year may be offered as a percentage increase or decrease from the base year or individual unit prices may be offered for each item for the option years.

Price will be evaluated inclusive of options with the totals of all prices for the five terms (base year plus four option years) added together to arrive at a total aggregate dollar value (n.b. using the AEQ as a quantity). This total aggregated dollar value will be used for evaluating the lowest total aggregate dollar value submitted.

Prices are to be offered on a FOB Origin basis (exclusive of shipping costs). Information regarding a special FEDEX account with DSCP will be provided to the contract awardee and shipping costs will be monitored by DSCP. Further information regarding the shipping arrangements will be included in the contract at the time of award.

For each item listed in the Schedule of Supplies/Services an Annual Estimated Quantity (AEQ) figure is provided. Annual Estimated Quantities refers to the Government’s good faith estimate of the requirements for each item during a specified contract year. You are required to submit your offer based on the annual estimated quantities.

If there is a recurring need from the services, other items not included in the schedule of supplies/services of this solicitation may be added after the award based on changing demands in the marketplace. In the event items are added, the price shall be mutually agreed upon between the Contractor and the Government and the items will be formally added to the contract via a modification. Occasionally, non-recurring demands may be placed as special orders under this contract.

III. Award and Estimated Value

Award. Any award made against the solicitation will result in an Indefinite Quantity Contract. It is the Government’s intent that one award will be made; however, the Government reserves the right to make multiple awards, if possible, if it is determined that more than one awardee is necessary to meet the solicitation requirements. The Government may award a contract to any responsible firm who is considered to be technically the best value, whose pricing is determined to be fair and reasonable, and who meets all other terms and conditions of the solicitation.

Guaranteed Base and Option Year minimum. The guaranteed Base and Option Year minimum is set at twenty-five percent (25%) of the annual estimated dollar value. The Government is not bound to order more than this minimum dollar value.

Maximum Contract Limitation. Notwithstanding any other provision or clauses included elsewhere in this solicitation, the maximum dollar amount that may be obligated against this contract is $400,000.00.

IV. Options and Option Pricing

This acquisition contains four (4) ONE-YEAR TERM OPTIONS. These options are mandatory and will be evaluated at the time of award. See the following clauses;

Clause # Title Pg.

number

52.216-18 Ordering 27 52.216-22 Indefinite Quantity 28

52.216-19 Order Limitations 28

52.217-9P12 Option for Indefinite Quantity 28

V. Submission of Offers

For instructions on how to submit offers (i.e. what information must be included in your proposal), see clause 52.212-1, “Instructions to Offers - Commercial Items”, page 38.

VI. Contractor Responsibilities

The Contractor shall be responsible for supplying a wide range of brand name commercial items listed in the schedule of supplies/services. In addition the Contractor is responsible for the following program requirements:

- Assure that all items in the schedule are manufactured in accordance with product descriptions.

- Provide a 100% fill rate for all items within the delivery timeframes and offer expedient solutions to “out-of-stock” positions.

- Deliver supplies in designated timeframes to customers worldwide at multiple destinations.

See production lead times for all of the items in the schedule of supplies/services (pgs ).

Acceleration of delivery is permitted at no additional cost to the Government.

- Provide for a one-for-one replacement warranty for defective items.

All services will be supported by this acquisition – Army, Air Force, Navy, and Marine Corps.

Therefore, there will be many shipping locations under this contract. There are approximately 700- 1000 CONUS (continental United States) shipping addresses to all fifty states as well as Puerto Rico.

All overseas customers (AFO/FPO addresses) will be sent to one of two consolidation points for the Government’s shipment to the final destination.

Consolidation points for overseas shipments:

East Coast – SW3123 for AE addresses: West Coast – W62N2A for AP addresses:

Consol and Containerization Point XU Defense Distribution Region West DDSP – New Cumberland Facility Distribution Depot San Joaquin Building CCPOINT Door 135-168 Consol and Contain Pt. Bldg. 208 New Cumberland, PA 17070-5001 Lathrop, CA 95330-0130

When shipping to the consolidation point, the package must be marked as follows:

SHIP TO: Consolidation Address Above MARK FOR: Customer Address including the document/requisition number.

VII. Special Orders

The Government reserves the right to place special orders under this contract. Such orders may include any ecclesiastical item not included in the contract. These special orders will have the price and delivery negotiated prior to issuance of the order, and any delivery orders containing such items will be separate from the usual delivery orders for NSN items. For recurring demands, an NSN will be established and the item will be formally added to the contract.

VIII. Packaging

The packaging for the wine is as follows:

COMMERCIAL PACKAGING TO ASTM-D-3951

SPECIAL NOTE: WINE IS TO BE PACKAGED IN PLAIN BOXES ONLY - DO NOT INDICATE ITEM

PACKAGED IS WINE. NO OUTER MARKINGS ON CARTON.

MIL-STD-129P, WITH CHANGE 4 - DEPARTMENT OF DEFENSE STANDARD PRACTICE

MILITARY MARKING FOR SHIPMENT AND STORAGE – DATED 19 SEPTEMBER 2007

INTERIM CHANGES:

OMISSION OF MARKINGS ON EXTERIOR SHIPPING CONTAINERS OF ITEMS IN THE DEFENSE

SUPPLY CENTER (DSCP) CLOTHING AND TEXTILE (C&T) DIRECTORATE:

THE NOMENCLATURE AND MANUFACTURER'S NAME (WHEN THE NAME IDENTIFIES THE

MATERIAL) SHALL BE OMITTED FROM ALL EXTERIOR SHIPPING CONTAINERS OF DSCP C&T

ITEMS, REGARDLESS OF MODE OF SHIPMENT.

IF THE MANUFACTURER'S NAME DOES NOT IDENTIFY THE MATERIAL AS BEING CLOTHING,

IT MAY REMAIN. NSNs SHALL BE SHOWN ON ALL SHIPPING CONTAINERS OF C&T ITEMS, THE PACKING LIST SHALL BE PLACED INSIDE THE LAST CONTAINER TO BE LOADED FOR

EACH SHIPMENT. THE WORDS "PACKING LIST HERE" SHALL BE STENCILED, NOT HAND

LETTERED, ON THE CONTAINER.

The Contractor is prohibited from using its own name with packages except for 1) on the DD 250, and 2) the return shipping address on the package. No other sales, promotional, or other materials are to be included in each shipment.

The Contractor shall provide for packaging of sufficient protection as to preclude damage to containers and/or contents under normal shipping conditions and handling conforming to best commercial practices and applicable carrier regulations. If drop shipments are utilized directly from suppliers, it is the responsibility of the Contractor to ensure that packaging and bar coding requirements are met.

SCHEDULE OF SUPPLIES/SERVICES

All prices are to be entered on the chart below. Failure to offer on the Base and all Options will result in the rejection of your entire proposal.

CLIN ITEM NSN

ITEMS

PER

BOX

PLT

(DAYS) AEQ

BASE

YEAR

OPTION

OPTION

OPTION

OPTION

Pink Rosato, 750

ML 9925-01-465-5549 12 7 45

Light Muscat, 750

ML 9925-01-465-5593 12 7 9

0003 Light Red, 750 ML 9925-01-465-5695 12 7 71

0004 Chablis, 750 ML 9925-01-459-8011 12 7 63

0005 Burgundy, 750 ML 9925-01-459-8045 12 7 73

0006 Rosato, 750 ML 9925-01-459-8055 12 7 18

Burgumdy, 187

ML 9925-01-460-2300 24 7 84

0008 Chablis, 187 ML 9925-01-462-5988 24 7 81

ITEM DESCRIPTION / SPECIFICATION

9925-01-465-5549

WINE, SACRAMENTAL, ROSATO, 750 ML

WINE, SACRAMENTAL, ROSATO, 750 ML; ROSATO

(PINK); 12% OR MORE ALCOHOL BY VOLUME; NON-

FORTIFIED; 750 ML BOTTLE; 12/CASE; QUALITY

RESERVE, MILD, SWEET; CRIBARI ALTAR WINE

#110342034 OR EQUAL

(SEE SPECIAL PACKAGING NOTE REGARDING PLAIN

UNMARKED BOXES)

9925-01-465-5593

WINE, SACRAMENTAL, LIGHT MUSCAT, 750 ML

WINE, SACRAMENTAL, LIGHT MUSCAT, 750 ML; LIGHT

MUSCAT; 12% OR MORE ALCOHOL BY VOLUME; NON-

FORTIFIED; 750 ML BOTTLE; 12/CASE; MEDIUM SWEET,

LIGHT AMBER; CRIBARI ALTAR WINE #110342030

OR EQUAL

9925-01-465-5695

WINE, SACRAMENTAL, LIGHT RED, 750 ML

WINE, SACRAMENTAL, LIGHT RED, 750 ML; LIGHT RED;

12% OR MORE ALCOHOL BY VOLUME; NON-FORTIFIED;

750 ML BOTTLE; 12/CASE; MOST OF THE

CHARACTERISTICS OF ROSATO, BUT RED, NOT AS

SWEET; CRIBARI ITEM NO.110343032 OR EQUAL

9925-01-459-8011

WINE, SACRAMENTAL, CHABLIS

"WINE, SACRAMENTAL, CHABLIS WHITE, FRESH, DRY,

750 ML , SHALL BE MADE IN ACCORDANCE WITH:

ITEM DESCRIPTION: WINE 12-14% ALCOHOL BY VOLUME:

750 ML BOTTLE/12BOTTLES PER CASE: ONE NSN WILL

BE ASSIGNED TO EACH VARIETY AS INDICATED BELOW.

TO BE SOLD BY THE CASE.

9925-01-459-8045

WINE, SACRAMENTAL, BURGUNDY

"WINE, SACRAMENTAL, BURGUNDY RED, FULL-BODIED,

DRY 750 ML", SHALL BE MADE IN ACCORDANCE WITH:

ITEM DESCRIPTION: WINE. 12-14% ALCOHOL BY

VOLUME; 750 MLBOTTLE/12 BOTTLES PER CASE: ONE

NSN WILL BE ASSIGNED TO EACH VARIETY AS

INDICATED BELOW. TO BE SOLD BY THE CASE.

9925-01-459-8055

WINE, SACRAMENTAL, ROSATO

"WINE, SACRAMENTAL, ROSATO WHITE, MILD, SWEET

750 ML", SHALL BE MADE IN ACCORDANCE WITH:

ITEM DESCRIPTION: WINE. 12-14% ALCOHOL BY VOLUME

; 750" ML BOTTLE/12BOTTLES PER CASE; ONE NSN

WILL BE ASSIGNED TO EACH VARIETY AS INDICATED.

TO BE SOLD BY THE CASE.

9925-01-460-2300

WINE, SACRAMENTAL, 187 ML.

WINE, SACRAMENTAL, 187 ML.; BURGUNDY, RED, FULL-

BODIED, DRY; 12-14% ALCOHOL BY VOLUME; 187 ML

BOTTLE, 24 BOTTLES TO A CASE; SOLD BY THE CASE;

9925-01-462-5988

WINE, SACRAMENTAL, 187 ML, CHABLIS

WINE, SACRAMENTAL, 187ML, CHABLIS; 12-14%

ALCOHOL BY VOLUME; 187-ML BOTTLE, 24 BOTTLES

TO A CASE; TO BE SOLD BY THE CASE

Contract Clauses

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAR 2009)

(a) Inspection/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 must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment.

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes.

Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes.

This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays.

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration; or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent Indemnity.

The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer(EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall --

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the --

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until the date paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by

33.211 if --

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 33.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identfy the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under the contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on --

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of Loss.

Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin, or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes.

The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for Cause.

The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.

Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty.

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability.

Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other Compliances.

The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

Alternate I (Oct 2008) [Applicable only when a time-and-materials or labor-hour contract is contemplated.]

If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[X] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212- 4(a).

[ ] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, apply and are hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government.

http://www.ccr.gov/

ADDENDUM TO FAR 52.212-4

THE CLAUSES LISTED BELOW ARE INCORPORATED BY REFERENCE WITH THE SAME

FORCE AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT. UPON REQUEST, THE

CONTRACTING OFFICER WILL MAKE THEIR FULL TEXT AVAILABLE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR, DFARS, DLAD, and DSCP Local Clauses – http://www.dla.mil/j-3/j-336/icps.htm PROCLTRs and FARS Deviations – http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.204-7 Central Contractor Registration (APRIL 2008) FAR 52.209-6 Protecting the Government’s Interests When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(SEP 2006)

FAR 52.215-1 Instructions to Offerors-Competitive Acquisition (JAN 2004) FAR 52.215-6 Place of Performance (OCT 1997) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement (DEC 2007) FAR 52.232-17 Interest (OCT 2008) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.246-16 Responsibility for Supplies (APR 1984) FAR 52.247-29 FOB Origin (FEB 2006) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 Alternate A, Central Contractor Registration (SEP 2007) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the

Government of a Terrorist Country (DEC 2006) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(APR 2003)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DLAD 52.211-9004 Priority Rating for Various Long-Term Contracts

(MAR 2000)

DLAD 52.211-9008 Bar Coding Requirements for Direct Vendor Delivery (DVD) Shipments (DEC 2001) (52.211-9008 Applies when the acquisition will be shipped to a location other than a DLA Distribution Depot, i.e., direct vendor delivery (DVD).)

DLAD 52.211-9010 Shipping Documentation - MIL-STD-129P (MAY 2006) DLAD 52.233-9000 Agency Protests (SEP 1999) http://www.dla.mil/j-3/j-336/icps.htm http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER

TERMINATION FOR CAUSE (JULY 2004)

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,155.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

DFARS 252.211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007)

(a) Definitions. As used in this clause—

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD- 129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC tag data standards will define the length and position of this data, without defining its content.

“EPCglobal™” means a joint venture between EAN International and the Uniform Code Council to establish and support the EPC network as the global standard for immediate, automatic, and accurate identification of any item in the supply chain of any company, in any industry, anywhere in the world.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response.

(1) Until February 28, 2007, the acceptable tags are—

(i) EPC Class 0 passive RFID tags that meet the EPCglobal Class 0 specification; and

(ii) EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 specification. This includes both the Generation 1 and Generation 2 Class 1 specifications.

(2) Beginning March 1, 2007, the only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 Generation 2 specification. Class 0 and Class 1 Generation 1 tags will no longer be accepted after February 28, 2007.

“Radio Frequency Identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case and palletized unit load packaging levels, for shipments of items that—

(i…