Statement Of Work.docx

1. BLANKET PURCHASE AGREEMENT CANNED AND BOTTLED SODA PRODUCTS

2. The supplier is required to indicate acceptance of this Blanket Purchase Agreement (BPA).

3. The supplier is also required to complete the applicable representation/certifications

a. at clauses 52.209-11, 52.212-3, and 252.225-7000; and 52.215-6 - Place of Performance.

4. It is imperative that the requested information in this paragraph be provided when completing this BPA document. In particular, the Government requires the FAX NUMBER FOR ORDER RECEIPT to ensure prompt delivery to military customers. Additionally, POINT(S) OF CONTACT FOR ORDERING and POINT(S) OF CONTACT FOR INVOICING AND PAYMENT will need to

a. be completed.

5. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

6. 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 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)

7. 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.

8. Installation Access Requirement and/or Other Security Programs

DIRECTIONS:

Fort Gordon can be reached from Interstate 20, on the western edge of Augusta, Ga. Jimmie Dyess Parkway (Interstate 20, Exit 194) leads you directly to the main entrance for DOD ID Card holders and those with authorized Access Credentials/documents. Or take the Bobby Jones Expressway (Interstate 520, Exit 196) then drive east on Interstate 520 to Exit 4 onto Highway 278 (Gordon Highway exit). These exits will lead you onto the Garrison through Gate 6; Fort Gordon’s Main Gate (Visitors and Commercial Access) or Gate 1 (McKenna Gate: DOD ID Card holders and those with authorized Access Credentials/documents only).

Fort Gordon is approximately 140 miles east of Atlanta, 80 miles southwest of Columbia, S.C., and 122 miles northwest of Savannah, Ga. Located about eight miles southwest of Augusta, Fort Gordon is close to the Augusta metropolitan area and an easy drive to Atlanta, Savannah, Charleston, the beaches along the Atlantic Ocean and the mountains. For a map and additional directions, visit our DIRECTIONS page.

INSTALLATION ACCESS: NON-DOD

All non-DoD personnel 18 years of age and older requesting access to Fort Gordon are required to obtain a favorable NCIC background check and a visitor’s pass at Gate 6 off Gordon Highway. Upon arrival at the Visitor Control Center (VCC), the driver and all passengers 18 years of age and older must present the VCC staff with a valid Real ID. If you do not have a Real ID driver’s license or Real ID state-issued identification card you will need to bring two of the following forms of identification in order to request a visitor’s pass: social security card, current passport, or birth certificate.

If you are arriving for a graduation or other event, plan to arrive very early, or pre-register for access utilizing the Visitor Access link as the procedure for running background checks and issuing passes can take much longer than expected.

STATEMENT OF WORK

1. Item Description: Beverage, Carbonated and/or Non-Carbonated, Canned or Bottled, Various Flavors as shown in attached catalog.

Additional beverage items may be added to this BPA. If a customer desires to order a beverage item that is not listed in the BPA, a PCF Cabinet with the written request shall be submitted to have the item added. Prior to its inclusion in the STORES catalog, the pricing for each additional item must be negotiated and the Contracting Officer must determine that the price for the respective item is fair and reasonable.

2. ITEM AVAILABILITY Cans/Bottles

a. The contractor shall notify the customer within 24 hours of order placement of the non-availability of any item. The contractor shall offer the customer a substitute of equal or higher quality and at an equal or lower cost, or advise them of the not-in-stock position of the item. Substituted product shall not be delivered without prior consent by the customer. Substituted items must be noted as such on the invoice.

b. All supplies shall be furnished on a “fill or kill” basis. The order must be filled in its entirety or canceled (killed). Partial shipments are acceptable if the customer is notified in advance and agrees to the partial shipments. MICC Ft. Gordon will not be responsible for payment of any items not appearing on a STORES purchase order.

3. AUTHORIZED RETURNS

The contractor shall accept returns under the following conditions:

1. Products shipped in error.

2. Products damaged in shipment.

3. Products with concealed or latent damage.

4. Products that are recalled.

5. Products that do not meet shelf-life requirements.

6. Products that do not meet the minimum quality requirements as defined for the items listed in the schedule.

7. Products delivered in unsanitary delivery vehicles.

8. Products delivered that fail to meet the minimum/maximum specified temperature.

9. Products that are not from a sanitarily approved source.

10. Any other condition not specified above that is deemed by the customer to be valid reasons for return.

11. No cost CANS/BOTTLES. Order cancellation policy at no additional cost to the Government are authorized when:

a. Orders less than $8,000. Customers may cancel orders less than $8,000 with advance cancellation notice to the contractor by12:00 p.m. local time, two (2) business days prior to scheduled delivery. The customer will be responsible for payment of the order if timely cancellation notice is not received by the contractor.

b. Orders greater than $8,000. Customers may cancel orders great than $8,000 with advance cancellation notice to the contractor ten (10) business days prior to the scheduled delivery. The customer will be responsible for payment of the order if timely cancellation notice is not received by the contractor.

a. POINT(S) OF CONTACT (POC) FOR INVOICING AND PAYMENT:

A DELIVERY TICKET WILL ACCOMPANY EACH DELIVERY ORDER CITING ORDER NUMBER, UNIT PRICE, BE ITEMIZED, EXTENDED AND TOTALED.

PRICES CITED ON DELIVERY TICKET FOR STORES SITES WILL BE PRICES AT THE TIME OF ORDER AND NOT THE PRICES AT TIME OF DELIVERY.

DELIVERIES AND PERFORMANCE:

ALL DELIVERIES EXCLUDE NATIONAL LEGAL HOLIDAYS UNLESS OTHERWISE INDICATED BY ORDERING ACTIVITY.

INSPECTION:

CONTRACTOR'S DELIVERY VEHICLES WILL STOP AND REPORT TO THE INSPECTION POINTS AS DESIGNATED FOR INSPECTION OF PRODUCTS BEFORE PROCEEDING

TO ANY OTHER DESIGNATED DELIVERY POINT.

Blanket Purchase Agreement (BPA) Terms and Conditions

1. Description of Agreement

a. Period of performance for BPA is 29 September 2025 through 28 September 2030.

b. The supplier shall furnish items as set forth in this BPA Document if and when requested by the contracting officer or the authorized representative of the contracting officer during the period commencing on the date of order/call of this agreement as indicated in Block 3 of the DD Form 1155 and ending FIVE years from the date of order/call unless advance written notice of cancellation is received from either party prior to the expiration date.

c. The supplier shall only provide the products as indicated in this agreement or its modifications. The product description and/or specifications are provided on Attachment # 1 - Schedule of Supplies.

d. All items delivered shall be produced, processed and prepared in accordance with the highest commercial standard practices, and shall conform to those products the contractor offers for resale in retail outlets, and shall be produced in an approved production facility.

2. Extent of Obligation The government is obligated only to the extent of authorized purchases actually made under this agreement.

3. Pricing

a. The supplier warrants that prices set forth in each call are as low as, or lower than; those charged his most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payments.

b. Prices shall be firm fixed for a twelve-month period.

c. The supplier is responsible for notifying the Contracting Officer, in writing at least, 30 days before the new price change effective date. If the supplier does not contact the Contracting Officer with a price change request, the previous year's prices will remain in effect.

d. All prices are FOB Destination.

4. Purchase Limitation Authorized GPC card holders located at DDEAMC, shall not exceed an aggregate single purchase limit of $25,000.00. Calls placed by the MICC contracting office, Fort Gordon, GA have authority to place calls up to $500,000.00.

5. Individuals Authorized to Place Orders

a. No individual call placed under the BPA by personnel located at the Dwight D. Eisenhower Army Medical Center, Ft. Gordon, Ga shall exceed $25,000.00. No order shall be placed by the individuals or accepted by the contractor that exceeds the specified single purchase limit in the authorization letter, nor shall calls be intentionally split for the purposes of circumventing the specified single purchase GPC limit. Contractor shall be provided a list of individuals authorized to place calls against the BPA. Contract specialists from the MICC contracting office, Fort Gordon, Ga may issue BPA calls.

6. Deliveries

a. All deliveries shall be made as indicated by the BPA order.

b. Only those products specifically listed in this BPA are authorized for delivery. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the supplier and may result in non- payment as well as cancellation of this agreement.

c. Minimums for deliveries are 15 units (1 gallon = 1 unit and 1 case bottle/cans = 1 unit) or $200. Partial shipments may not be accepted.

d. The contractor shall remove ALL pallets used for delivery from the delivery point to and from receiving areas. The contractor shall instruct drivers to either wait for delivery completion or double back to delivery points to retrieve pallets, regardless the driver is to pick up the same number of pallets that were left. Excess pallets hinder normal “daily operations” and “Emergency access”. In the event, the contractor's pallets are or become broken, it is the contractor's responsibility to take those pallets back to their facility for disposal. Removal of pallets shall not result in any additional cost to the Government.

7. Delivery Tickets

a. All shipments under this agreement shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:

(1) Name of Supplier.

(2) 13 Position Contract Number. (i.e. W91249-25-A-XXXX)

(3) 13 Position BPA Call Number (i.e. W91249-25-F-AXXX)

(4) Date of Purchase.

(5) Itemized List of Supplies Furnished.

(6) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided that the invoice is itemized to show this information).

(7) Date of Delivery or Shipment.

b. The customer shall sign a copy of the delivery ticket to signify acceptance of the product. Failure by the vendor to provide a delivery ticket at time of delivery may result in nonpayment.

8. Marking Requirements Standard commercial markings for individual packages will be used to clearly mark and identify the nature of contents and the expiration date. All markings shall be clear, legible, non-fading and durable.

9. Invoices Invoicing shall be done via the Wide Area Work Flow (WAWF). Manual invoices will not be processed.

10. Delivery Locations

a. The locations of the Receiving areas placing/receiving orders are on Attachment #2 - List of Customers.

b. Delivery days and times shall be agreed upon by the vendor and the customer. Once agreed upon, a change in the delivery days and times MUST be agreed upon by the vendor and the customer.

c. Delivery lead time: 48 hours from vendor receipt of order via Electronic Business System (EBS).

11. Acceptance Government acceptance of product shall be at the customer's delivery location.

12. Additional Ordering Procedures/Requirements

a. Ordering under this BPA shall be accomplished through the ACWS system only. An electronically transmitted order will be sent via a facsimile from the customer to the supplier. An order/call number will be furnished to the supplier via electronically transmitted facsimile ACWS Delivery Orders. The supplier is required to insert the order/call number on the delivery ticket/invoice

b. Ordering activities shall place orders at least three working days prior to required delivery date.

c. Authorized personnel shall not order products other than those listed in this BPA.

d. Bottler will not accept orders placed via telephone or email.

13. Additional Responsibilities of the Supplier

a. The supplier's/suppliers' authorized official shall indicate acceptance of this BPA by providing the information required at Block 30 on Page 1 of this agreement.

b. One copy of the completed BPA shall be returned to the Contract Specialist:

c. The supplier is also required to complete the applicable representation/certifications at clauses:

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law --Fiscal Year 2015 Appropriations (DEVIATION 2015- O0005) (DEC 2014); 52.212-3 entitled Offeror Representations and Certifications-Commercial Items; 252.225-7000 entitled Buy American Act Balance of Payments Program Certificate; and 52.215-6 - Place of Performance (Oct 1997).

d. The supplier is responsible for notifying the Contracting Officer, in writing at least, 30 days before the new price change effective date. If the supplier does not contact the Contracting Officer with a price change request, the previous year's prices will remain in effect.

14. Right to Award Other Contracts and Orders The Government reserves the right to award orders to other suppliers for like products during the same performance period as this Blanket Purchase Agreement.

15. North American Industry Classification System (NAICS) Code and Small Business Size Standard The NAICS code and small business size standard for this acquisition are 312111 and 1,400 employees.

16. Non-Compete Provision The offeror warrants that it will not actively promote, encourage, or market any of the customers on this acquisition away from a resultant MICC Ft. Gordon contract and onto a contract of any other Government agency or commercial entity. This prohibition applies both on a pre-award and post-award basis. Comment by Lancaster, Kaitlyn D CIV USARMY ACC MICC (USA): Do we need #16 paragraph?

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