SPM3S112R0002.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 CODE17a. 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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

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

8 (A)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SPM3S1-12-R-0002

Noreen Killian 215-737-7718

SPM3S1

DO-C1

Same as block 9.

DFAS Columbus Center Attn: DFAS-BVD (SL4701) P.O. Box 369031 Columbus, OH 43218

Unitized Group Rations-A Program

See Schedule of Supplies

ONE

JOANNE M. JAWORSKI

311422

03/15/2012

04/16/2012 3:00 P.M.

DLA Troop Support-FTRA Directorate of Subsistence 700 Robbins Avenue Philadelphia, PA 19111-5092

SL4701

SPM3S1-12-R-0002 Page 2 of 102

TABLE OF CONTENTS FOR SOLICITATION NO: SPM3S1-12-R-0002

Page Continuation of Blocks from the Standard Form 1449

● Block 8, Offer Due Date/Local Time 6

● Block 9, Issued By 6-7 Block 15, Delivery Address 7-13

● Block 17a, Contractor/Offeror 14

● Block 17b, Remittance Address 14

● Block 19-24, Item No., Schedule of Supplies/Services, Quantity, Unit 14-17

Contract Clauses

● 52.212-4, Contract Terms and Conditions—Commercial Items (by reference) 18

● Addendum to 52.212-4 18-22

● 52.212-5, Contract terms and Conditions Required to Implement Statutes or Executive Orders— 23-28 Commercial Items

● 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders 29-32 Applicable to Defense Acquisitions of Commercial Items 52.211-16, Variation in Quantity 32

● 52.212-9000, Changes—Military Readiness 32-33

252.216-7006, Ordering 33

52.216-19, Order Limitations 33-34

52.216-22, Indefinite Quantity 34

52.216-9007, Contract and Delivery Order Limitations 34-35

52.216-9012, Economic Price Adjustment (EPA) for UGR-A Components-Actual Material Costs 36-40

252.217-7001, Surge Option 40-41

52.217-9007, Surge and Sustainment (S&S) Instructions to Offerors—Alternate I 41

52.217-9008, Surge and Sustainment (S&S) Evaluation 41

52.246-15, Certificate of Conformance 42

52.246-9004, Product Verification Testing 42-45

● 52.252-2, Clauses Incorporated by Reference 46

● 252.225-7993, Prohibition on Contracting with the Enemy in the United States Central 47 Command Theater of Operations

● 252.225-7994, Additional Access to Contractor and Subcontractor Records in the United 47 States Central Command Theater of Operations

Statement of Work and Technical/Quality Data 48-78

Solicitation Provisions

● 52.212-1, Instructions to Offerors—Commercial Items, (by reference) 79

● Addendum to 52.212-1 79-80

● 52.212-2, Evaluation—Commercial Items 81

● 52.212-3, Offeror Representations and Certifications—Commercial Items 81-97

● 252.212-7000, Offeror Representations and Certifications—Commercial Items 97

● 52.214-9008, Rounding Off of Offer and Award Prices 98

● 52.215-6, Place of Performance 98

● 52.215-9023, Reverse Auction 98-100

● 52.216-1, Type of Contract 100

● 52.233-9001, Disputes 100

52.247-9050, Evaluation of Palletized Shipments 101

252.209-7999, Representation by Corporation Regarding an Unpaid Delinquent Tax 101 Liability or a Felony Conviction under any Federal Law

● 52.252-1, Solicitation Provisions Incorporated by Reference 102

SPM3S1-12-R-0002 Page 3 of 102

CAUTION NOTICE

This procurement is being solicited under the Federal Acquisition Regulations (FAR) part 12 as unrestricted with HUBZone price evaluation preference. Solicitation SPM3S1-12-R-0002 is for seven breakfast and fourteen lunch/dinner menus to be used in the Unitized Group Rations A (UGR-A) Program.

This is an unrestricted procurement utilizing Low Price Technically Acceptable Source Selection Procedures. Offerors are cautioned to take extreme care when preparing proposals for this solicitation.

All terms and conditions should be reviewed carefully.

The resultant contract will be effective from:

Tier 1: October 1, 2012 through September 30, 2013 Tier 2: October 1, 2013 through September 30, 2015 Tier 3: October 1, 2015 through September 30, 2017

There will be one award per CONUS customer location.

Alternate offers/pricing will NOT be accepted. One offer per contractor is permitted.

Offerors are cautioned to include a completed copy of the provision 52.212-3 Offeror Representations and Certifications-Commercial Items, with their offer.

The Government may utilize a Reverse Auction contained at Provision 52.215-9023, under this solicitation.

Proposals submitted are considered proprietary and/or competition sensitive in nature. Use of the information provided in the proposals is for evaluation purposes only and will be limited to duly accredited officials of the Department of Defense who are subject to penalties for unlawful disclosure.

THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT

CONFORMS TO THE SOLICITATION REQUIREMENTS AND OFFERS THE LOWEST

PRICE.

PLEASE NOTE, TAKING EXCEPTION TO ANY OF THE TERMS AND CONDITIONS OF

THE SOLICITATION MAY DEEM YOUR PROPOSAL “TECHNICALLY UNACCEPTABLE”

AND POSSIBLY REMOVE YOUR COMPANY FROM CONSIDERATION FOR AWARD.

THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.

CONTRACTOR CODE OF BUSINESS ETHICS (JAN 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection

SPM3S1-12-R-0002 Page 4 of 102 with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct;

promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act.

(31 U.S.C. 3729-3733) When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Electronic Invoicing by Suppliers via Wide Area Workflow (WAWF):

All suppliers are required to process invoices electronically by using WAWF.

This is a condition for contract award.

Wide Area Workflow (WAWF) is a secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items information.

・ WAWF System Requirements

WAWF is a free internet application. Contractors should refer to the “Machine Setup” information on the WAWF homepage, https://wawf.eb.mil The minimum system requirements are:

・ 133 MHz or more Pentium microprocessor (or equivalent)

・ SVGA Color Monitor (minimum 256 color)

・ 64 MB RAM (minimum)

・ Internet Access (broadband recommended

WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232- 7003/252.232.7003 Electronic Submission of Payment Requests - January 2004) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form.

As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts.

SPM3S1-12-R-0002 Page 5 of 102

NOTICE TO OUR VALUED SUPPLIERS

The following attached forms require information to be furnished by each offeror. Any questions may be directed to the Contract Specialist at the telephone number shown or email listed on the cover sheet of this solicitation.

1. Complete Standard Form 1449, 17a, 30a, b and c

2. Complete all Supplies/Prices “Schedule” sheets (Offered Prices) and Qualifications

3. Complete the CAGE Code and DUNS number spaces on this page

4. Complete all of the following and any additional Offeror Representations and Certifications:

AUTHORIZED NEGOTIATORS PAGE 14

FAR 52.212-3 OFFEROR REPRESENTATIONS

AND CERTIFICATIONS—COMMERCIAL ITEMS PAGE 81-97

FAR 52.215-6 PLACE OF PERFORMANCE PAGE 98

DFARS 212-7000 OFFEROR REPRESENTATIONS

AND CERTIFICATIONS—COMMERCIAL ITEMS PAGE 97

The requirements for Clause 52.222-37, Employment Reports on Special Disabled Veterans and

Veterans of the Vietnam Era (38 U.S.C. 4212) mandate annual reporting of certain statistics on a form titled "Federal Contractor Veterans' Employment Report VETS-100."

Please submit the following identification numbers:

CAGE CODE: DUNS #: .

ALL VENDORS MUST BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTER (CCR) TO

RECEIVE AN AWARD. SEE CLAUSE 52.212-4(t).

SPM3S1-12-R-0002 Page 6 of 102

CONTINUATION OF BLOCKS ON THE SF 1449

Block 8 (continued):

Offer Due Date and Local Time Is: APRIL 16, 2012 AT 3:00 P.M., PHILADELPHIA LOCAL

TIME.

Block 9 (continued):

All offers/modifications/withdrawals must be plainly marked on the OUTERMOST ENVELOPE with the solicitation number, closing date, and time set for the receipt of offers.

Address Mailed Offer to:

Defense Logistics Agency (DLA) Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No.: SPM3S1-12-R-0002 Solicitation Issue and Closing Dates: MARCH 15, 2012 – APRIL 16, 2012 AT 3:00 P.M, PHILADELPHIA LOCAL TIME

Deliver Hand carried Offer, Including Delivery by Commercial Carrier, to:

DLA Troop Support Business Opportunity Office Building 36, Second Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

All hand carried offers are to be delivered to the Business Opportunity Office between 8:00 AM and 5:00 PM Monday through Friday except for legal federal holidays as set forth in 5 USC 6103.

Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044, or (215)737-7354. It is the offeror’s responsibility to ensure that 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 the 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.

Offerors that respond to this solicitation using a commercial carrier service must ensure that the commercial carrier service “hand carries” the offer/modification/withdrawal to the Business Opportunity Office prior to the scheduled opening/closing time.

SPM3S1-12-R-0002 Page 7 of 102

Commercial carrier delivered offers/modifications/withdrawals 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.

E-mail and Fax are not acceptable forms of transmission for the submission of initial proposals.

However, DLA Troop Support intends to utilize email, as well as other commercially practicable forms of communication if discussions/negotiations are held. At the discretion of the Contracting Officer, the government reserves the right to require final proposal revisions be submitted to the DLA Troop Support Business Opportunity Office. Offerors must address, in their final proposal revisions, all matters raised during negotiations that would effectuate a change from offeror’s initial proposals. A failure to address these matters in final proposal revisions, in a timely and authorized manner, by the time final proposal revisions are due, may adversely affect consideration of the offer, including removal of the offer from consideration for award.

Faxed offers are NOT authorized for this solicitation for submission of initial proposals.

NOTE: Pricing is required to be submitted on a Compact Disc (CD), using the excel spreadsheets Offerors can contact Noreen Killian for the spreadsheet at (215)737-7718 or Noreen.Killian@dla.mil.

Offerors should return ALL pages of the solicitation with their offer.

Block 15 (continued):

Delivery quantities will be provided via delivery orders issued on an as needed basis.

1. For CONUS orders, the government prefers a minimum of 2 calendar days and a maximum of 8 calendar days delivery leadtime. Exceptions to this are Ft. Richardson, AK; Ft. Wainwright, AK; and Schofield, HI—these locations require a maximum leadtime of 21 calendar days. Please indicate your specific leadtime for each location.

2. For CONUS deliveries: Government Inspection and Acceptance will be performed at destination by authorized Government personnel.

3. All OCONUS delivery leadtimes are 45 days. Upon receipt, OCONUS orders will be competed amongst CONUS awardees.

4. For OCONUS shipments: Government Inspection and Acceptance will be performed by authorized Government personnel at origin. Contractor delivery may be F.O.B. Origin or F.O.B. Destination to point of embarkation, as unilaterally determined by the Government. It is the contractor’s responsibility to obtain USDA Export Certification for any and all items/conditions as deemed necessary by the USDA and destination “host” nation. Any required documentation, certification/certificates must be provided in a timely manner as to avoid delays in shipment.

5. Changes and/or cancellations to delivery order(s) may be made by giving the contractor no less than 48 hours’ notice to be computed from time of receipt by the Contractor of the written or oral change(s) or cancellation(s).

SPM3S1-12-R-0002 Page 8 of 102

The following includes the complete delivery addresses for all locations:

DODAAC/Customer Address Delivery Requirements

W44DQ8 FT SILL Bldg 1962 Barbour Street Mon-Fri 07:00-16:00 Fort Sill, OK 73503 POC: Melidean Butler 580-442-6738/6739

W15A94 FT DIX 3140 Rancocas Road Mon-Fri 07:45-15:30 Fort Dix, NJ 08640-5404 POC: Joyce Jamieson 609-562-2246

W67K2R CP WILLIAMS Bldg 1000 Mon-Fri 07:00-15:30 17800 South Camp Williams Road Riverton, UT 84065 POC: SSG Doug Miller 801-878-5467

WC1JUE FT WAINWRIGHT Troop Issue Subsistence Agency Mon-Fri 07:00-15:00 Bldg 3030, 1060 Gaffney Road Fort Wainwright, AK 99703 POC: Ron French 907-361-6474

W16BF1 FT DRUM Bldg P-60 Quartermaster Road Mon-Fri 07:30-15:00 Fort Drum, NY 13602 POC: Paul Bursik 315-772-4432

W33BRC FT BENNING 6800 Upton Ave, Bldg 100 Mon-Fri 07:30-15:30 Fort Benning, GA 31905 POC: Susan Longoria/Carl Barrett 706-545-2895

W42NU4 FT POLK 7670 Virginia Avenue Mon-Fri 07:30-15:30 Fort Polk, LA 71459 POC: Priscilla Williams 337-531-6176

W91A2K NATICK US Army Soldier Systems Cntr. Mon-Fri 07:00-11:30,12:30-15:30 W91GVY NATICK 20 Kansas St, Bldg 20 Closed 11:30-12:30 Natick, MA 01760 POC: David Chambers 508-233-5180

SPM3S1-12-R-0002 Page 9 of 102

W37N04 FT JACKSON McCrady Training Center Mon-Fri 07:30-13:00 Bldg 3946 and 3937 Eastover, SC 29044 POC: Jane Kaufmann 803-751-7335

2601 Washington Fort Jackson, SC 29207 POC: Jane Kaufmann 803-751-7335

W68NE5 FT LEWIS TISA Bldg 9660 Perry Avenue Mon-Fri 07:30-14:00 JBLM(Main), Fort Lewis, WA 98433 POC: Sharon D. Martin 253-966-6335

W68EV6 YAKIMA TISA Bldg T822 Cold Creek Road Mon-Fri 07:30-14:00 JBLM-YTC, Yakima, WA 98901 POC: Deanna Sanchez/Tim Garza 509-577-3226

FT6311 KIRTLAND AFB 2251 Air Guard Road SE Tue-Fri 07:00-16:00 Kirtland AFB, NM 87117 POC: MSGT Keith Gum 505-846-8972

FT6705 DOBBINS AFB 1084 Readiness Road, Bldg 410 Mon-Fri 08:00-16:00 Dobbins AFB, GA 30069 POC: Roberta A. Kithcart 678-655-5860

W90DED FT CHAFFEE Gate 19 Road Mon-Fri 07:00-15:30 Bldg 747 Fort Chaffee, AR 72905-1318 POC: SGT Thomas Hesson 479-484-2485

W41RAA CAMP ROBINSON Bldg 318 Mon-Fri 07:00-15:30 Camp Robinson NLR, AR 72199 POC: SGT Henry Neal 501-212-4451

W33RSW FT STEWART 793 McFarland Ave, Bldg 1012 Tue & Thur 07:00-15:00 793 McFarland Ave, Bldg 1009 Fort Stewart, GA 31314 POC: Sheila Edmonds/Mr. Williams/Steven Yarber 912-767-8761/8591/2958

SPM3S1-12-R-0002 Page 10 of 102

W45NR1 FT HOOD 89100 Clarke Road Mon, Wed, Fri 06:30-10:00 Fort Hood, TX 76544 POC: Michael A. Acierno, SSM 254-287-6595

WX3JP3 SCHOFIELD TISA Mon-Fri 07:30-16:00 Bldg 2071 Lyman Road Scofield Barracks, HI 96857 POC: K.C. Thomas 808-655-9061

W5ALXV CP GRAFTON 4417 Hwy 20, Bldg 6310 Mon-Fri 07:00-16:30 Devils Lake, ND 58301 POC: David Reed 701-662-0332

W80WKM FT IRWIN Bldg 882 Tue & Thur 07:00-14:30 Fort Irwin, CA 92310 POC: Bobby Jarman 760-380-3998

W55CVG FT RILEY 229 Custer Ave Mon-Fri 07:30-14:30 Fort Riley, KS 66442 POC: Mary A. Reed 785-239-2183

W56D93 CAMP GRAYLING Bldg 560 Mon-Fri 08:00-15:00 Howe Road and Eighth Street Camp Grayling, MI 49739 POC: SGT Angela Schafer 989-344-6203

W61DET FT HUACHUCA Bldg 30118 Clarkson Street Mon-Fri 07:30-15:30 Fort Huachuca, AZ 85613 POC: Milton M. Moore 520-533-3755

W81BR5 CP BLANDING 5629 St. Rd. 16 West Tue-Fri 08:00-11:00, 13:00-16:00 Bldg 5720 Starke, FL 32091 POC: SFC Thomas Pomerleau 904-682-3368

W36N0Q FT BRAGG Building J-1952 Tue & Thur 07:30-15:00 Cook Street Fort Bragg, NC 28310 POC: Carolyn Young 910-643-8698

SPM3S1-12-R-0002 Page 11 of 102

W81ED9 CP ATTERBURY Bldg 3 Clark Street Mon-Fri 07:30-16:00 Edinburgh, IN 46124 POC: Ssg Jeffrey Reagan 812-526-1126

W45C08 FT BLISS Bldg 1109 Aleshire Street Mon-Fri 07:30-15:30 Fort Bliss, TX 79916 POC: Betty Diaz 915-568-5007

W34GND FT CAMPBELL 5210 Kansas Ave Dock 37 (Dry) Mon-Fri 07:30-14:00 5202 Desert Storm Ave (Cold) Fort Campbell, KY 42223 POC: Dawn Smith 270-798-5055

W33M8P FT GORDON Bldg 14307 Mon-Fri 07:30-15:00 15th St. & 3rd Ave Fort Gordon, GA 30905 POC: Debbie Taylor 706-791-2025

W22PE0 FT KNOX Tisa Warehouse Bldg 7102 Mon-Fri 07:30-10:30 Spearhead Ave Fort Knox, KY 40121 POC: William Naylor 502-624-1491

W90NGT CP GRUBER Joint Maneuver Training Center Tue-Fri 08:00-17:00 Hwy 10 Central Europe Rd Braggs, OK 74423-0029 POC: SGT Carl Conley 918-549-6064

W90DED FT CHAFFEE Maneuver Training Center Tue-Fri 08:00-17:00 7047 Gate 19 Fort Smith, AR 72905-5000 POC: CW3 John Higgins 479-484-3170

W51HQG FT CARSON Bldg 350 Mon-Fri 07:30-15:00 5109 Specker Ave Fort Carson, CO 80913 POC: Juan A. Velazquez 719-526-4086

SPM3S1-12-R-0002 Page 12 of 102

W81JKN GOWEN FIELD USPFO Mon-Fri 07:00-16:30 Bldg 564 3489 W. Harvard Street Boise, ID 83705 POC: Karen Fee 208-272-3897

W81R07 CP MCCAIN 3152 James H. Biddy Road Tue-Fri 08:00-16:00 Building S-112 Greanda, MS 38926 POC: Christopher Watson 662-294-0067

W54CJX CP DODGE 7105 NW 70th Ave Mon-Fri 09:00-14:00 Johnston, IA 50131-1824 POC: Patrick Parker 515-252-4515

W5CD3H FT MCCOY 490 E. K Street Mon-Fri 07:00-15:30 Ft. McCoy, WI 54656 POC: Andrew G. Pisney 608-388-4739

WC1JT7 FT RICHARDSON 804 Warehouse Street Mon-Fri 07:00-15:30 Fort Richardson, AK 99505 POC: Mary O’Loughlin 312-384-1869

W45DSR TEXAS NG 5601 FM 45 South Mon-Fri 07:30-15:30 Brownwood, TX 76801-5916 POC: SFC Michael Cummings 512-782-5001 Ext. 7331

W26DJW FT A.P. HILL 12232 A.P. Hill Drive Tue & Thur 07:30-12:00 Bldg 1336 Bowling Green, VA 22427-3100 POC: Gail Wallace 804-633-8435

W26QKQ FT LEE Ft. Lee Field Ops Bldg 11541 Tue & Thur 07:30-12:00 Ft. Lee, VA 23801 POC: SSG Kacey Easton 804-734-1063/1056

W90YD7 CP RAPID 2823 West Main Street Tue-Fri 06:30-16:00 Rapid City, SD 57702-8186 POC: LT Ron Mitchell 605-737-6734

SPM3S1-12-R-0002 Page 13 of 102

W81WYN FT HUNTER LIGGETT Bldg 206 Mon-Fri 08:00-16:00 Fort Hunter Liggett, CA 93928 POC: Ronald Raade 831-386-3944

W81T4F CP PARKS Bldg 332 Parks RFTA Mon-Fri 08:00-16:00 Dublin, CA 94568-2501 POC: James Richardson 719-440-5984

W45NQM FT SAM HOUSTON 2199 9th Street Mon, Wed, Fri 07:00-15:00 Bldg 4189 POC: Percy Martin 210-221-3740

W90N0J OHIO NG 2825 W. Dublin-Granville Road Mon-Fri 08:00-15:00 Columbus, OH 43235-2789 POC: CW2 Robert Gray 614-336-4158

W57LVB CAMP RIPLEY 15000 Hwy 115 Mon-Fri 7:00-15:30 Cp Ripley, Little Falls, MN 56345 POC: Lonnie Wise 320-616-2665

WGQ3AA FT. LEONARDWOOD Bldg. 735, Colorado Ave Mon-Fri 7:30-15:30 Ft. Leonardwwod, MO 65473 POC: Kimberly Schuenemeyer 573-596-6962

W81DFE CAMP GUERNSEY Bldg. #605 Mon-Fri 7:00-17:00 Guernsey, WY 82214 POC: SGT Thomas Pafford 307-836-7777

SPM3S1-12-R-0002 Page 14 of 102

Block 17A (continued):

OFFERORS: SPECIFY FAX NUMBER(S): .

EMAIL ADDRESS: __.

Block 17B (continued):

REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE VENDOR HAS LISTED IN THE

CENTRAL CONTRACT REGISTER (CCR).

Offeror’s assigned DUNS number : .

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, telephone numbers, facsimile (FAX) numbers, and emails for each authorized negotiator.

Blocks 19-24 (continued):

Item Description:

The following are the NSN and item descriptions for the twenty-one menus:

8970-01-525-6344 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 1, semi-perishable component (2 boxes), requires 8970-01-525-6726 breakfast menu 1, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6366 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 2, semi-perishable component (2 boxes), requires 8970-01-525-6729 breakfast menu 2, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6370 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 3, semi-perishable component (2 boxes), requires 8970-01-525-6733 breakfast menu 3, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6372 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 4, semi-perishable component (2 boxes), requires 8970-01-525-6735 breakfast menu 4, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6377 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 5, semi-perishable component (2 boxes), requires 8970-01-525-6739 breakfast menu 5, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6389 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 6, semi-perishable component (2 boxes), requires 8970-01-525-6740 breakfast menu 6, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate

SPM3S1-12-R-0002 Page 15 of 102

8970-01-525-6720 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 7, semi-perishable component (2 boxes), requires 8970-01-525-6744 breakfast menu 7, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk

8970-01-525-6726

UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 1, perishable component (1 or 2 boxes), requires 8970-01-525-6344 breakfast menu 1, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6729 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 2, perishable component (1 or 2 boxes), requires 8970-01-525-6366 breakfast menu 2, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6733 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 3, perishable component (1 or 2 boxes), requires 8970-01-525-6370 breakfast menu 3, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6735 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 4, perishable component (1 or 2 boxes), requires 8970-01-525-6372 breakfast menu 4, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6739 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 5, perishable component (1 or 2 boxes), requires 8970-01-525-6377 breakfast menu 5, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6740 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 6, perishable component (1 or 2 boxes), requires 8970-01-525-6389 breakfast menu 6, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6744 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 7, perishable component (1 or 2 boxes), requires 8970-01-525-6720 breakfast menu 7, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6783 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 1, semi-perishable component (2 boxes), requires 8970-01-525-6813 dinner menu 1, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6785 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 2, semi-perishable component (2 boxes), requires 8970-01-525-6815 dinner menu 2, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6786 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 3, semi-perishable component (2 boxes), requires 8970-01-525-6816 dinner menu 3, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6789 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 4, semi-perishable component (2 boxes), requires 8970-01-525-6817 dinner menu 4, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6790 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 5, semi-perishable component (2 boxes), requires 8970-01-525-6818 dinner menu 5, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6794 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 6, semi-perishable component (2 boxes), requires 8970-01-525-6820 dinner menu 6, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6796 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 7, semi-perishable component (2 boxes), requires 8970-01-525-6823 dinner menu 7, perishable

SPM3S1-12-R-0002 Page 16 of 102 component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6803 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 8, semi-perishable component (2 boxes), requires 8970-01-525-6825 dinner menu 8, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6804 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 9, semi-perishable component (2 boxes), requires 8970-01-525-6827 dinner menu 9, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6805 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 10, semi-perishable component (2 boxes), requires 8970-01-525-6830 dinner menu 10, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6806 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 11, semi-perishable component (2 boxes), requires 8970-01-525-6832 dinner menu 11, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6807 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 12, semi-perishable component (2 boxes), requires 8970-01-525-6849 dinner menu 12, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6809 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 13, semi-perishable component (2 boxes), requires 8970-01-525-6852 dinner menu 13, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk

8970-01-525-6810 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 14, semi-perishable component (2 boxes), requires 8970-01-525-6856 dinner menu 14, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6813 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 1, perishable component (1 or 2 boxes), requires 8970-01-525-6783 dinner menu 1, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6815 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 2, perishable component (1 or 2 boxes), requires 8970-01-525-6785 dinner menu 2, semi-perishable component(2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate.

8970-01-525-6816 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 3, perishable component (1 or 2 boxes), requires 8970-01-525-6786 dinner menu 3, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6817 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 4, perishable component (1 or 2 boxes), requires 8970-01-525-6789 dinner menu 4, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6818 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 5, perishable component (1 or 2 boxes), requires 8970-01-525-6790 dinner menu 5, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6820 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 6, perishable component (1 or 2 boxes), requires 8970-01-525-6794 dinner menu 6, semi-perishable component (2 boxes) to complete menu, also requires bread and milk

SPM3S1-12-R-0002 Page 17 of 102

8970-01-525-6823 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 7, perishable component (1 or 2 boxes), requires 8970-01-525-6796 dinner menu 7, semi-

8970-01-525-6825

UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 8, perishable component (1 or 2 boxes), requires 8970-01-525-6803 dinner menu 8, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6827 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 9, perishable component (1 or 2 boxes), requires 8970-01-525-6804 dinner menu 9, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6830 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 10, perishable component (1 or 2 boxes), requires 8970-01-525-6805 dinner menu 10, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6832 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 11, perishable component (1 or 2 boxes), requires 8970-01-525-6806 dinner menu 11, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6849 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 12, perishable component (1 or 2 boxes), requires 8970-01-525-6807 dinner menu 12, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6852 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 13, perishable component (1 or 2 boxes), requires 8970-01-525-6809 dinner menu 13, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6856 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 14, perishable component (1 or 2 boxes), requires 8970-01-525-6810 dinner menu 14, semi-

__Min / Estimated / Max Qty. Unit of Issue

5-Year Contract Period 786,540 / 3,932,710 / 7,415,347 Modules Maximum Quantity includes Surge

SPM3S1-12-R-0002 Page 18 of 102

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (FEB 2012) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4

The following paragraph(s) of 52.212-4 are amended as indicated below:

1. Paragraph (a), Inspection/Acceptance, is revised to add the following:

(3) in accordance with the warranty provisions of the contract. Supplies acquired through this acquisition will be inspected for all terms and conditions set forth in the resulting contract and Acceptance will take place at destination, unless otherwise specified. See Statement of Work, Section IX, for contractor quality systems and inspection requirements for Government verification inspection at origin provisions.

2. Paragraph (c), Changes, is deleted in its entirety and replaced with the following:

(c) Changes.

(1) In addition to bilateral changes, the Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency tiers set forth in this contract.

(2) The Contracting Officer may at any time, by unilateral written order, make changes within the general scope of this contract in any one or more of the following:

(i) Method of shipment or packing;

(ii) Place, manner, or time of delivery.

(3) If such change causes an increase or decrease in the cost of, or time required for, performance for any part of the work under this contract, the Contracting Officer shall make equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(4) The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract.

3. Paragraph (i)(5), Overpayments, is revised to add the following:

FAR Clause 52.232-25, Prompt Payment (Oct 2008) is applicable to all delivery orders. In accordance with paragraph (a)(2)(A) of the Prompt Payment clause, UGR-A rations shall be considered meat food product and the due date for making invoice payments should be not later than the 7th day after product delivery or receipt of invoice, whichever is later.

4. Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(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

SPM3S1-12-R-0002 Page 19 of 102

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 this contract is terminated in whole or in part for cause, 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 the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

5. Paragraph (o) Warranty: The following clause will supersede FAR 52.212-4(o) referenced in this solicitation.

52.246-9060 WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (SEP 2008) – DLAD

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the contract. The word does not include "data".

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 6 months after receipt of supplies at destination or, in the case of supplies required to bear an expiration date, for the expiration date indicated in the labeling thereof, all supplies furnished

(i) Are of a quality to pass without objection in the trade under the contract description;

(ii) Are fit for the ordinary purposes for which the supplies are used;

(iii) Are within the variations permitted by the contract, and are of an even kind, quality and quantity within each unit and among all units;

(iv) Are adequately contained, packaged, and marked as he contract may require; and

(v) Conform to the promises or affirmations of fact made on the container.

(2) When return of the supplies to the contractor and redelivery, if applicable, is required, transportation charges and responsibility for the supplies while in transit shall be borne by the contractor. Contractor shall also be liable for:

SPM3S1-12-R-0002 Page 20 of 102

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for return to the contractor and in return of said supplies to storage, after redelivery by the contractor; and

(ii) For cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 per hour.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt of the corrected or replaced supplies at destination.

(c) Remedies available to the government.

(1) Notice Requirement: The contracting officer shall give written notice to the contractor of any breach of warranties in paragraph (b)(1) of this clause within 7 days from receipt of supplies at destination or, in the case of supplies required to bear an expiration date, no later than one month following the expiration date indicated in the labeling.

(2) Conformance of supplies or parts thereof subject to warranty action shall be determined in accordance with the inspection and acceptance procedures contained in the contract except as provided herein. If the contract provides for sampling, the contracting officer may group any supplies delivered under this contract. The size of the sample shall be that required by the sampling procedure specified in the contract for the quantity of supplies on which warranty action is proposed, except when projecting sampling results. Warranty sampling results may be projected over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of re-inspection and regardless of whether such supplies have been issued or consumed, provided (1) the supplies from which the samples were drawn are reasonably representative of the quantity on which warranty action is proposed, and (2) the defects found in the sample size are sufficient to reject the quantity of supplies on which warranty action is proposed, even though the sample size may be less than that required for such quantity. The original inspection lots need not be reconstituted, nor shall the contracting officer be required to use the same lot size as on original inspection. Within a reasonable time after the notice, the contracting officer may exercise one or more of the following options; and also, following the exercise of any option, may unilaterally change it to one or more of the other options set forth below:

(i) Require an equitable adjustment in the contract price for any supplies or group of supplies;

(ii) Screen the supplies grouped under this clause at contractor's expense and return all nonconforming supplies to the contractor for correction or replacement;

(iii) Require the contractor to screen the supplies at depots designated by the Government within the continental United States and to correct or replace all nonconforming supplies;

(iv) Return any supplies or group of supplies under this clause to the contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement;

(v) Return or hold for contractor's account any supplies or group of supplies delivered hereunder, whereupon the contractor shall repay the contract price paid therefore. In such event, the Government

SPM3S1-12-R-0002 Page 21 of 102 may re-procure similar supplies upon such terms and in such manner as the contracting officer may deem appropriate, and charge to the contractor the additional cost occasioned the Government thereby.

(3) When remedy (c) (2) (iii) or (c) (2) (iv) of this clause is exercised, the contractor is required to submit in writing and within 30 days after receipt of notice of such invocation a schedule for either:

(i) Correction and/or replacement of all defective supplies and subsequent redelivery of the returned supplies; or,

(ii) Screening defective supplies at each depot involved and subsequent redelivery of all corrected and/or replaced supplies.

Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the contractor fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the Government may correct the items and charge the contractor's account; or, issue a contract for correction of the items and charge the contractor's account;

or, exercise one or more of the remedies specified in paragraph (4) below.

(4) If the contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of the corrected or replaced supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days (or such longer period as the contracting officer may authorize in writing) after receipt of notice from the contracting officer specifying such failure, the contracting officer may exercise one or more of the following remedies:

(i) Retain or have the contractor return the nonconforming supplies and require an equitable adjustment in the contract price.

(ii) Return or hold the nonconforming supplies for contractor's account, or require the return of the nonconforming supplies and then hold for contractor's account, whereupon the contractor shall repay the contract price therefore. In such event, the Government may re-procure similar supplies upon such terms and in such manner as the contracting officer may deem appropriate, and charge to the contractor the additional costs occasioned the Government thereby.

(iii) If the contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the contractor or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

(e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location shall be deemed the destination for purposes of this clause.

SPM3S1-12-R-0002 Page 22 of 102

Addendum to 52.246-9060

Paragraph (c) (2) Options refers to Tier 2 and Tier 3

6. Paragraph (t), Central Contractor Registration (CCR):

Add the following:

(5) Definitions.

“Central Contractor Registration (CCR) Database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means—

(a) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(b) A code assigned by a member of the North Atlantic Treaty…