Terms and Conditions.docx

BLANKET PURCHASE AGREEMENT (BPA)

Fountain Soda Beverages For Dispensing Machines and Bag in Box (BiBs), Dining Facility, Kosovo

Index:

Attachment 1 ITEM DESCRIPTION AND PRICES Attachment 2 SPECIFICATIONS Attachment 3 SAMPLE DELIVERY TICKET - INVOICE (DTI) Attachment 4 DELIVERY LOCATION

SECTION I - SCHEDULE OF SUPPLIES AND/OR SERVICES

Description of the Agreement

a. The Vendor shall furnish Assorted Fountain Soda Beverages as outlined in Attachment 1 and Attachment 2 to this agreement, if and when requested by the Government, from (to be determined) or otherwise through the date of expiration or cancellation, whichever occurs first. The Vendor shall install beverage dispensing machine (s) within 30 days after date of award at the dining facility. The beverage dispenser(s) shall be installed and maintained at no cost to the U.S. Government. The beverage dispenser will remain the property of the vendor and maintenance will be conducted on a regular basis by the vendor, in accordance with Attachment 2 - Specifications. Payments will be issued solely for the items listed in Attachment 1.

b. All items delivered to U.S. Dining Facilities 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 commercial outlets and/or for export. The vendor shall provide only the products as indicated in Attachment 1 of this Agreement or its modifications.

Blanket Purchase Agreement

a. The Vendor’s authorized official shall sign and date this Agreement at block 30a, b, and c of the SF Form 1449 and forward to:

Defense Logistics Agency (DLA) Troop Support Europe & Africa

b. The Contracting Officer will sign, date and return one (1) copy of the BPA to the Vendor. This Agreement does not become effective until signed by the Contracting Officer.

Beverage Requirements:

All Beverage Requirements delivered under the resultant BPA shall comply with Attachment 2 - Specifications.

Any change in product source may require approval from the U.S. Army Public Health Center (USAPHC), see Attachment 2, and, will require a formal modification issued by the Contracting Officer.

SECTION II - AUTHORITY TO PLACE CALL

Authorized Ordering Activities DLA Troop Support Europe & Africa, Contracting Officers and DLA Troop Support Europe & Africa, Subsistence Total Order and Receipt Electronic System (STORES) Ordering Officers are authorized to place calls for any items under this BPA.

Extent of Obligation

The Government is obligated under this Blanket Purchase Agreement only to the extent that authorized calls are actually placed. Only those items specifically listed in this Agreement are authorized for delivery. Only authorized personnel are authorized to order or accept products other than those listed in this Agreement. 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.

Call Limitation

DLA Troop Support Europe & Africa, Contracting Officers may place calls for any items under this BPA up to the Simplified Acquisition Threshold of $250,000. An individual call placed by an authorized STORES Ordering Officer shall not exceed the current micro-purchase threshold of $10,000 without the written approval of the contracting officer for any item under this BPA.

Call Number/PIID

All calls/orders placed against this BPA shall be placed through the STORES ordering system, which initiates a FAX to the vendor. Fax Orders will indicate a PIID number (e.g.,SPE30318F2442), Contract Number and Purchase Order

SECTION III – ORDERING

Ordering Procedures and Limitations

a. Ordering under this BPA shall be accomplished by a fax initiated through the STORES Ordering System generally seven (7) days prior to the required delivery date with:

b. Changes to or cancellation of orders shall be placed two (2)s day prior to required delivery date.

c. Orders placed after 12:00 pm will be considered as placed on the following day. Order placed after 12:00 on Friday's will be seen as placed on the following Monday.

d. At the time of receipt of an order from an authorized ordering activity, an order/call number will be furnished by that activity. Order/call numbers must be placed on the delivery ticket-invoices by the supplier.

e. Failure to include the order/call number on the delivery ticket/invoices will adversely impact the expeditious processing of payments.

Right to Award other Contracts and Orders

The Government reserves the right to award contracts and orders to other companies for like supplies and/or services during the same performance period as this Blanket Purchase Agreement (BPA).

SECTION IV - PERFORMANCE AND DELIVERY

Period of Performance

This Agreement shall remain in effect from the date of this BPA (Effective date) and shall last for a period of three (3) years from (to be determined), or otherwise until terminated or cancelled, whichever occurs first. Termination or cancellation can be requested in writing with a notice of 30 days in advance by either party.

Place of Performance

All supplies and/or services required under this agreement shall be provided to the location specified in each individual calls

Delivery Locations/Customers

All customers are listed in Attachment 4.

ADDITIONAL CUSTOMERS

a. The Government reserves the right to add DoD customers from the resultant BPA anywhere within the zone of Kosovo based on a mutually agreed upon implementation plan followed by a formal modification to the BPA, at no additional cost to the Government.

b. The Government reserves the right to unilaterally remove DoD customers from the resultant agreement by the issuance of a formal modification.

Delivery of all items under this Agreement shall be F.O.B. destination and shall be shipped “All transportation costs prepaid”.

Deliveries

a. All calls placed under this BPA shall be shipped complete unless mutual agreement of both parties.

b. All deliveries shall be made as indicated in the STORES generated fax call/order, subject to the limitations outlined in this Blanket Purchase Agreement.

c. Required delivery day will be specified on each STORES fax call/order.

d. Delivery Trucks shall not arrive before 0800 hours and no later than 1500 hours, or outside of regular operating hours that the Government activity is open for business unless by prior agreement with local representatives. Deliveries will not be required US Holidays and local Holidays unless prior agreement of both parties.

e. Installation passes must be obtained, in coordination with local facilities personnel, prior to first delivery of product. Government personnel can reject, at the installation gate, shipments for which drivers have inadequate identification to gain access. Government personnel may “sign-in” vehicles at the installation gate on an infrequent, emergency basis only. Installation access requirements may vary, however, it is the sole responsibility of the vendor to research and otherwise comply with the same.

f. All deliveries shall be palletized. Pallet return may not be allowable due to customer mission and schedules, therefore, pallets will become property of the U. S. Government at time of delivery. Pallets or plastic shipping containers are included in the unit price of the products. Receiving installations may return or exchange plastic shipping containers and pallets at the time of delivery.

Packaging/Marking:

a. Cartons and/or boxes used for transportation shall be in such condition to protect the products against damage and deterioration and

b. will meet all carrier requirements to insure safe arrival at destination.

b. Packaging and packing will be in accordance with the highest commercial standard practices, and will conform to those products the contractor offers for resale in commercial outlets and/or for export.

d. Standard commercial markings for individual packages will be used to clearly mark and easily identify the nature of contents and the expiration date.

e. All marking shall be clear, legible, non-fading and durable.

f. For supplies which are improperly marked, coded, or packaged, the Contracting Officer shall have the option to reject such supplies under the provisions of the inspection clause of this BPA.

Test Samples

U.S. Army Public Health Command (USAPHC) Personnel may take samples from delivered quantities at any time for the purpose of submission to the Commander, Vet Lab Europe, CMR 402, APO AE 09180. Testing will be performed I.A.W. requirements of AE 40-70, which is provided to the contractor upon veterinarian inspection.

Licenses

The Supplier is responsible for obtaining any necessary export/import licenses including certificates for sanitation that may be required by the government of the country into which his supplies are being imported. The Contractor is also responsible for complying with all applicable laws relating to production, handling, shipping and importing/exporting of the supplies purchased.

Acceptance/Rejection of Products

a. Authorized representatives of the Contracting Officer will be responsible for inspection, acceptance, and rejection of quantities delivered under this contract.

b. Rejection may occur for the following reasons:

1. Nonconformance to sanitary and/or medical standards

2. Nonconformance to terms and conditions listed in this contract

c. All or part of delivered quantity may be rejected depending on the criticality of the Nonconformance.

d. A price adjustment (PA) may be determined by the Contracting Officer, as consideration, for any or for all minor nonconforming products.

ONLY THE CONTRACTING OFFICER HAS THE AUTHORITY TO MAKE DECISIONS CONCERNING NONCRITICAL NONCONFORMANCE.

Delivery of Deleted Items

IF deleted products are delivered after the effective deletion date, no payments will be made regardless of an order placed prior to this date.

Subsistence Requirements

All products offered will be produced, processed and prepared only in production plants listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. Any change in product source will require approval from the U.S. Army Public Health Center (USAPHC) and a formal modification issued by the Contracting Officer. See items that require listings (ex. mushrooms, bottled water, etc.) at http://phc.amedd.army.mil/TOPICS/FOODWATER/CA/Pages/DoDApprovedFoodSources.aspx Sanitary Conditions

(a) Food establishments.

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Public Health Command (USAPHC ) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx ). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

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

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

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

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

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

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

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed.

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

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

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

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

(b) Delivery conveyances.

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

Perishable Foodstuff Transportation – DLA Troop Support - Subsistence

(a) The Contractor shall reimburse the government for all detention or other charges paid to carriers when containers, trucks, trailers or other transportation vehicles are not loaded and released to the carrier within the free time authorized by the carrier.

(b) Refrigerated seavan shipments. The Contractor shall load, brace, and block the products for shipment in refrigerated seavans. The Contractor warrants that the loading pattern specified and required for each load is correct, proper, and acceptable to the ocean carrier. Therefore, the Contractor will pay for the cost of restacking/rebuilding seavans if rejected by the ocean carrier. The Contractor will also pay for other charges related to restacking/reloading such as detention charges for trucks.

(c) Any conflicts in direction will be brought to the attention of the Contracting Officer.

Special Inspection Requirements

a. Vans used for transportation will meet all carrier requirements to ensure safe and sanitary arrival of goods at destination.

b. The Government reserves the right to inspect and test all supplies (which include raw materials, intermediate assemblies and end products), plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract to the extent practicable at all times and places including slaughter and production and in any event prior to acceptance.

c. Final inspection and acceptance for all supplies tendered under the terms of this contract will be at destination. Destination inspection will be performed I.A.W. DSCPM 4155.6, subsection 218.1 (European Supplement).

Security Measures/Force Protection

a. As vendors/contractors under Government contract, quality control procedures must be heightened to ensure that product entering your facility is safe for public consumption.

The following security guidance is provided: Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. Visitors should also be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate. Never leave open trucks unattended, and use seals when possible to designate loaded trailers. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery. Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Firms should keep a low profile and share customer routes etc. on a need to know basis. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering shall be reported immediately.

b. The contractor plays a vital role in supporting DLA Troop Support Europe and Africa customers. As such, the contractor shall take all necessary actions to secure products delivered to all military installations/customers, as well as any applicable commercial destinations. The Government may periodically review the contractor’s security plans and may require more stringent procedures to insure security of the product, particularly in light of the eightened threat of terrorism.

SECTION V - PRICING AND PAYMENT

Prices

The prices for the items required under this BPA are provided in Attachment 1 and will be included in the STORES ordering catalog following award.

Unit price shall be inclusive of all operating expenses, such as and not limited to: labor, personnel, transportation to destination, packaging and pallets (shrink wrapped), any loading and unloading, and all fees/charges. No separate fee.

Price Changes

a. Prices shall be firm for one (1) year. Any item price variation, shall require 45 days advance notice to all allow for administrative processing of the following:

Contractor Delivery Ticket/Invoice (DTI):

a. All shipments under this contract/agreement shall be accompanied by delivery ticket-invoice, which shall contain the following information, see Attachment 3 – Sample Delivery Ticket /Invoice:

b. The delivery ticket invoice document shall consist of an original and one copy. The original shall be attached to the invoice submitted for payment. The order/call number will be provided by the ordering activity when a delivery is requested on the STORES fax.

e. Title and telephone number of the receiving official shall be typed, stamped or printed legibly underneath the original signature.

f. The receiving official shall process receiving/acceptance report electronically through STORES, if applicable.

Electronic Data Interface (EDI) Invoicing Procedures

The STORES/EBS Reconciliation (Recon) Tool web application is used to submit invoices electronically. The system can be found on the DLA Troop Support web page for subsistence at https://www.stores.dla.mil/stores_web

Follow system instructions by registering to obtain a User ID and Password.

Once registered, and access has been granted, the application will allow you to view on the website customer receipts/orders, for your contracts only. You can review the receipt/order, and, if in agreement, invoice number can be inserted. This receipt/order information is available for eight (8) weeks. The system will be updated daily from the receipt files.

Invoices submitted, will generate an EDI invoice, which will automatically be transmitted to the payment office DFAS, below.

Additional information or instructions on web invoicing can be requested from the DLA Troop Support Europe and Africa, Kaiserslautern, Germany contracting officer or office STORES ordering personnel.

If EDI invoicing cannot be accomplished, contact and/or submit complete invoices with signed delivery tickets to DLA Troop Support, Europe & Africa, Kaiserslautern, Germany by e-mail.

Note: All efforts should be taken by the vendor to register and submit invoices electronically through STORES web.

Payments

a. Payment of invoices will be issued by:

Defense Finance & Accounting Service – Columbus Center PO Box 182317 Columbus, Ohio 43218-2317 U.S.A

b. Payment will be made via Electronic Fund Transfer (EFT) as indicated by the vendor.

c. Payment Terms: Net 30 days

SECTION VI – CLAUSES AND PROVISIONS