Microsoft Word - SPM300-08-R-0061 2 May 08 Final 5PM

SPM300-08-R-0061 Page 1 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOLICITATION/CONTRACT/OR DER FOR COMMERCIAL ITEMS

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

ACQUISITION FOR FULL LINE FOOD AND

NON-FOOD DISTRIBUTION FOR AUTHORIZED

CUSTOMERS IN THE MIDDLE EAST ZONES AS

IDENTIFIED HEREIN.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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 HEREIN.

(Attach Additional Sheets as Necessary)

9. ISSUED BY 10. THIS ACQUISITION IS

CODE

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449 (EG) (10-95)

Prescribed by GSA FAR (48 CFR) 53.212

PAGE 1 OF1. REQUISITION NUMBER

PerFORM (DLA)

2. CONTRACT NO. 4. ORDER NUMBER 5. SOLICITATION NUMBER

SPM300-08-R-0061

6. SOLICITATION ISSUE

DATE

3. AWARD/EFFECTIVE

DATE

a. NAME

Linda L. Ford

b. TELEPHONE NUMBER (No collect calls)

(215) 737-7804

8. OFFER DUE DATE/

LOCAL TIME

DEFENSE SUPPLY CENTER PHILADELPHIA (DSCP)

DIRECTORATE OF SUBSISTENCE, BLDG #6

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5092

POC: Linda L. Ford/DSCP-FTAE/215-737-7804

15. DELIVER TO

CODE

SEE SCHEDULE

UNRESTRICTED

SET ASIDE:

SMALL BUSINESS

SMALL DISADV. BUSINESS

8(A)

SIC:

SIZE STANDARD:

%FOR

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

N/A

14. THIS ACQUISITION IS

RFQ IFB RFP

12. DISCOUNT TERMS

16. ADMINISTERED BY

CODE

SAME AS BLOCK 9

17a. CONTRACTOR/

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

COPIES

1 (ONE) 29. AWARD OF CONTRACT: REFERENCE

DATED . YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

OFFER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Linda L. Ford

30c. DATE SIGNED 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE SIGNED

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE FINALPARTIAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE SIGNED 42b. RECEIVED AT (Loca tion)

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

02 May 08

30 JUN 08

SPM300-08-R-0061 Page 2 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SF1449 - CONTINUATION SHEET

ADMIN DATA/DELIVERY SCHEDULE

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8 (continued):

OFFER DUE DATE/LOCAL TIME:

June 30, 2008, 4:00 P.M. PHILADELPHIA 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.

Send MAILED OFFER

to:

DEFENSE LOGISTICS AGENCY

DEFENSE SUPPLY CENTER PHILADELPHIA

POST OFFICE BOX 56667

PHILADELPHIA, PA 19111-6667

Deliver HANDCARRIED OFFER

, including delivery by commercial carrier, to:

DEFENSE SUPPLY CENTER PHILADELPHIA

BUSINESS OPPORTUNITIES OFFICE

BLDG. 36, SECOND FLOOR

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5092

All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 AM and

5:00 PM, Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103.

Offerors that respond to this solicitation using a commercial carrier service must ensure that the

commercial carrier service “hand carries” the package to the Business Opportunities Office prior to the

scheduled closing time.

Transmit facsimile revisions of offers to: 215-737-9300, 9301, 9302, OR 9303.

NOTE: FACSIMILE OFFERS ARE NOT ACCEPTABLE FOR INITIAL OFFER.

BLOCK 17A. (Continued):

OFFERORS: SPECIFY CAGE CODE:________________________________________

FAX NUMBER (S):___________________________________

E-MAIL ADDRESS:___________________________________

COMPANY POC:_____________________________________

PHONE #:___________________________________________

SPM300-08-R-0061 Page 3 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

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 and

facsimile (FAX) numbers for each authorized negotiator.

BLOCKS 19-24 (CONTINUED): SEE SCHEDULE OF ITEMS

SPM300-08-R-0061 Page 4 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

CAUTION NOTICE

NOTICE TO DLA SUPPLIERS

The Government reserves the right to cancel this solicitation. If this should

occur, the Government will not be liable for any solicitation preparation costs

that vendors may incur.

This solicitation involves support of customers who are currently within war

zones. The zones to be supported under this solicitation have been designated

as contingency operations in accordance with the definition at FAR 2.101.

Offerors are advised to consult with the U.S. Department of State

(www.travel.state.gov

) for the latest information on the political and security

conditions in the solicited zones.

The Category/Distribution List and the Schedule of Items, Attachments 1 thru

5 will only be provided by DSCP upon request (e-mail request is preferred).

See below e-mail contact information. Cost or Price Proposals are required to

be submitted using attachments 1 thru 5, which are in the Microsoft Excel

Spreadsheet format. Offerors are required to submit the spreadsheet on CD

as well as a printed hard copy. Any proposal which does not include a printed

hard copy as well as a copy on CD may result in the rejection of the entire

proposal.

DSCP Points of Contact:

Ginny.Barnw[email protected]

[email protected]

Note: Any firm that made a request for the draft solicitation SPM300-

08-R-0009 attachments 1 thru 6 should automatically receive the

attachments 1 thru 5 for this solicitation SPM300-08-R-0061 within 24

hours of the issue date. If you do not receive attachments 1 thru 5

within 24 hours of the issue date, please submit a request as

instructed above.

_____________________________________________________________________________

SPM300-08-R-0061 Page 5 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

****PRE-PROPOSAL CONFERENCE****

SOLICITATION NUMBER SPM300-08-R-0061

DEFENSE SUPPLY CENTER PHILADELPHIA WILL CONDUCT A PRE-PROPOSAL

CONFERENCE TO FURTHER CLARIFY AND DISCUSS THE REQUIREMENTS OF THIS

SOLICITATION. ATTENDANCE IS STRONGLY SUGGESTED.

IF YOU PLAN TO ATTEND, PLEASE SEND A FAX or E-MAIL WITH THE FOLLOWING

INFORMATION:

NAME OF FIRM

NAME AND TITLE OF REPRESENTATIVE ATTENDING

ADDRESS OF FIRM

PHONE AND FAX NUMBER

SIZE OF BUSINESS

ANY VENDOR WISHING TO SUBMIT QUESTIONS OR TOPICS TO BE ADDRESSED AT

THE CONFERENCE MAY DO SO, AS LONG AS THE QUESTIONS/TOPICS ARE

RECEIVED NO LESS THAN FIVE (5) BUSINESS DAYS PRIOR TO THE DATE AND TIME

SPECIFIED FOR THE CONFERENCE.

THIS INFORMATION MAY BE FAXED TO TIM DLUGOKECKI AND LINDA FORD AT 215-737-

2161 OR SENT VIA EMAIL TO TIMOTHY.DLUGOKECKI@DLA.MIL

AND

[email protected]

CONFERENCE LOCATION

: Philadelphia Hilton Airport, Independence Ballroom AB, 4509

Island Avenue, Philadelphia, PA 19153

CONFERENCE DATE

: 14 May 2008

CONFERENCE TIME

: 8:30 A.M.

SPM300-08-R-0061 Page 6 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

CAUTION NOTICE

???? DID YOU REMEMBER TO: ????

Number Reminder Check

Request attachments 1 thru 5 from the Contracting Officer, as indicated below and

use the provided spreadsheets for submission of your pricing information?

Mark your calendar with the date scheduled for the Pre-proposal Conference at the

Philadelphia Hilton Airport.

3 Fill in and sign SF1449 as required?

4 Sign and return any/all amendments?

5 Return one (1) completed copy of the solicitation?

Prepare and return 6 copies of the Technical Proposal and 2 copies of the Cost or

Price Proposal?

Submit the Cost or Price Proposal on the formatted spreadsheets (attachments

1-5) in accordance with the instructions in the solicitation and submit hard

copies as well as a copy on CD?

Submit manufacturer invoices or quotes for every item listed in the Schedule of

Items? The invoice or quote that you submit must be dated within thirty days prior

to the solicitation issue date. Refer to solicitation for actual requirements.

Submit a list of CONUS and OCONUS “Distribution Points” or “Places of

Performance” that will directly support the proposed customers? Warehouses

functioning as backups should be designated as such.

10 Check your math for accuracy on your Cost or Price Proposal?

11 Submit your best offer?

12 Submit a Subcontracting Plan if your firm is a large domestic business?

Please contact Contract Specialist Ginny Barnwell or Contracting Officers Timothy Dlugokecki

or Linda Ford in order to receive an electronic copy of the category/distribution list and schedule

of items, attachments 1 thru 5. The schedule of items format will be Microsoft Excel

Spreadsheet. As stated in note 7 above, please provide a printed hard copy of the Price Proposal

as well as a copy on CD in the provided format. Any proposal which does not include a printed

hard copy as well as a copy on CD may result in the rejection of the entire proposal

Contract Specialist

Contracting Officer Contracting Officer

Ginny Barnwell Timothy Dlugokecki Linda L. Ford

215-737-2977 215-737-4671 215-737-7804

[email protected]

[email protected] [email protected]

SPM300-08-R-0061 Page 7 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

TABLE OF CONTENTS

PAGE

CONTRACT CLAUSES

FAR 52.212-4 – Contract Terms and Conditions – Commercial Items . . . . . . . . . . . . . . . . . . . . .8

Addendum to FAR 52.212-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes . . . . . . . . . . . 39

or Executive Orders Applicable to Defense Acquisition of

Commercial Items

DFARS 252.212-7001 – Contract Terms and Conditions Required to Implement . . . . . . . . . . . 45

Statutes or Executive orders Applicable to Defense Acquisition

of Commercial Items

STATEMENT OF WORK

Supplies/Services and Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Descriptions/Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102

Packaging and Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117

Inspection and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

Deliveries and Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122

Contract Administration Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

Special Contract Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

SOLICITATION PROVISIONS

FAR 52.212-1 – Instructions to Offerors – Commercial Items . . . . . . . . . . . . . . . . . . . . . . . . . .142

Addendum to FAR 52.212-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146

FAR 52.212-2 – Evaluation – Commercial Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171

Addendum to FAR 52.212-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..172

FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items . . . . . . . . . . .180

Other Required Certifications

Addendum to FAR 52.212-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..193

DFARS 252.212-7000 – Offeror Representations and Certifications . . . . . . . . . . . . . . . . . . . . .197

Commercial Items

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

. . . . . . . . . . . . . . . . .198

Attachment 1 – Category/Distribution List – Zone 1

Attachment 2 – Category/Distribution List – Zone 2

Attachment 3 – Schedule of Items – Zone 1 – Kuwait to Kuwait

Attachment 4 – Schedule of Items – Zone 1 – Kuwait to Iraq and Turkey to Iraq

Attachment 5 – Schedule of Items – Zone 2 – Jordan to Iraq

Attachment 6 – NAPA Holders Listing

Attachment 7 – STORES EDI Information & 810 Transaction Set

Attachment 7a -- 832 Catalog (Vendor to DSCP)- Proposed Modifications to Common Food Management

System (CFMS) elements

Attachment 8 – Sample Subcontracting Plan (Large Domestic Firms only)

SPM300-08-R-0061 Page 8 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(FEB 2007)

(a) Inspection/Acceptance.

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

this contract. The Government reserves the right to inspect or test any supplies or services that have been

tendered for acceptance. The Government may require repair or replacement of nonconforming supplies

or reperformance of nonconforming services at no increase in contract price. The Government must

exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should

have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the

change is due to the defect in the item. If repair/ replacement or reperformance will not correct the defects

or is not possible, the Government may seek an equitable price reduction or adequate consideration for

acceptance of nonconforming supplies or services.

(b) Assignment.

The Contractor or its assignee may assign its rights to receive payment due as a result of

performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,

when a third party makes payment (e.g., use of the Government wide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

the parties.

(d) Disputes.

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

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim,

appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance

with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor

shall proceed diligently with performance of this contract, pending final resolution of any dispute arising

under the contract.

(e) Definitions.

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

(f) Excusable Delays.

The Contractor shall be liable for default unless nonperformance is caused by an occurrence

beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or

the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods,

epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the

commencement of any excusable delay, setting forth the full particulars in connection therewith, shall

remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if

authorized) to the address designated in the contract to receive invoices. An invoice must include--

SPM300-08-R-0061 Page 9 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-4 (continued)

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of

shipment if shipped on Government bill of lading;

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

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice

only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required

elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to

be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance

with the applicable solicitation provision, contract clause (e.g.,

52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration; or

52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or

applicable agency procedures.

pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and

Office of Management and Budget (OMB) prompt payment regulations at

5 CFR part 1315.

(h) Patent Indemnity.

The Contractor shall indemnify the Government and its officers, employees and agents against

liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to

infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of

this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been

delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment

regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed

from the date of the invoice. For the purpose of computing the discount earned, payment shall be

considered to have been made on the date which appears on the payment check or the specified payment

date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice

payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the

overpayment.

SPM300-08-R-0061 Page 10 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-4 (continued)

(j) Risk of Loss.

Unless the contract specifically provides otherwise, risk of loss or damage to the supplies

provided under this contract shall remain with the Contractor until, and shall pass to the Government

upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if

transportation is f.o.b. destination.

(k) Taxes.

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

(l) Termination for the Government’s Convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole

convenience. In the event of such termination, the Contractor shall immediately stop all

work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the

contract price reflecting the percentage of the work performed prior to the notice of termination,

plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its

standard record keeping system have resulted from the termination. The Contractor shall not be required

to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph

does not give the Government any right to audit the Contractor’s

records. The Contractor shall not be paid for any work performed or costs incurred which reasonably

could have been avoided.

(m) Termination for Cause.

The Government may terminate this contract, or any part hereof, for cause in the event of any

default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or

fails to provide the Government, upon request, with adequate assurances of future performance. In the

event of termination for cause, the Government shall not be liable to the Contractor for any amount for

supplies or services not accepted, and the Contractor shall be liable to the Government for any and all

rights and remedies provided by law. If it is determined that the Government improperly terminated this

contract for default, such termination shall be deemed a termination for convenience.

(n) Title.

Unless specified elsewhere in this contract, title to items furnished under this contract shall pass

to the Government upon acceptance, regardless of when or where the Government takes physical

possession.

(o) Warranty.

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit

for use for the particular purpose described in this contract.

(p) Limitation of Liability.

Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other Compliances.

The Contractor shall comply with all applicable Federal, State and local laws, executive orders,

rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of

appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;

40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-

SPM300-08-R-0061 Page 11 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-4 (continued)

58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections;

49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the

following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice,

Other Compliances, and Compliance with Laws Unique to Government

Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract,

including any license agreements for computer software; (5) solicitation provisions if

this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 33; (8) other documents,

exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during

performance and through final payment of any contract for the accuracy and completeness of the data

within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or

incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is

required to review and update on an annual basis from the date of initial registration or subsequent

updates its information in the CCR database to ensure it is current, accurate and complete. Updating

information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a

properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division

name (whichever is shown on the contract), or has transferred the assets used in performing the contract,

but has not completed the necessary requirements regarding novation and change-of-name agreements in

FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one

business day’s written notification of its intention to (A) change the name in the CCR database; (B)

comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures

specified by the responsible Contracting Officer. The Contractor must provide with the notification

sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or

fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly

executed novation or change-of-name agreement, the CCR information that shows the Contractor to be

other than the Contractor indicated in the contract will be considered to be incorrect information within

the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of

this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as

appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart

32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information

provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an

ultimate recipient other than that Contractor will be considered to be incorrect information within the

meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation

requirements via the internet at http://www.ccr.gov

or by calling 1-888-227-2423 or 269-961-5757.

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ADDENDUM TO FAR 52.212-4

Contract Terms and Conditions – Commercial Items

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

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

“Inspection and acceptance of products will be performed at destination. The authorized receiving

official for each customer is responsible for signing for and accepting products when they are delivered.

The final disposition decision rests with the food service officer and/or the authorized receiving official.

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

(1) The Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency

options set forth in this contract.

(2) The Contracting Officer may at anytime, 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), Payment, (2) Prompt Payment is revised to add the following:

For orders placed by customers in Iraq and valued under $500,000, fast pay procedures will

apply. See FAR 52.213-1, Fast Payment Procedure, DLAD 52.213-9001, Application of Fast Payment to

Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, located elsewhere in this

addendum. All other orders will be paid using Prompt Payment procedures.

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 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

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Addendum to FAR 52.212-4 (continued)

4. Paragraph (m) Termination for Cause (continued)

$1155.00 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, is revised to add the following:

“In the event that a product recall is initiated by the Prime Vendor, supplier or manufacturer, the Prime

Vendor should following the procedures as outlined below:

(1) Immediately notify the following personnel:

(i) Customers that have received the recalled product

(ii) DSCP Contracting Officer, Timothy Dlugokecki at 215-737-7320

(iii)DSCP Contracting Officer, Linda L. Ford at 215-737-7804

(iii) DSCP Account Manager, Joanie Hewes at 215-737-4470

(iv) DSCP Consumer Safety Officer at 215-737-3845

(2) Provide the following information to the DSCP Consumer Safety Officer:

(i) Reason for recall

(ii) Level of recall, i.e. Type I, II or III

(iii) Description of product, including specific manufacturer’s lot numbers

(iv) Amount of product

(v) List of customers that have received product

(vi) Name and phone number of responsible person (Recall Coordinator)

(3) The Prime Vendor should provide a Final Status Report of Recall, when completed, to the

DSCP Consumer Safety Officer.”

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 Organization that DLIS

records and maintains in the CAGE master file. This type of code is known as an “NCAGE code”.

“Data Universal Number System (DUNS) Number

” means the 9-digit number assigned by

Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) Number

” means the DUNS number

assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no

affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the

business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer

(EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the CCR Database

” means that—

(a) The Contractor has entered all mandatory information, including the DUNS number

or the DUNS+4 numbers, into the CCR database;

(b) The Contractor’s CAGE code is in the CCR database; and

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Addendum to FAR 52.212-4 (continued)

6. Paragraph (t) CCR (continued)

“Active”.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they

were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the

full text of a clause may be accessed electronically at this/these address(es):

http://www.dla.mil/j-3/j-336/icps.htm

http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)

clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the

clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48

CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after

the name of the regulation.

The following additional clauses are incorporated by REFERENCE

CLAUSE NUMBER

TITLE DATE

FAR 52.204-7 Central Contractor Registration JUL 2006

FAR 52.204-9 Personal Identity Verification of Contractor

Personnel

SEP 2007

FAR 52.208-9

Contractor Use of Mandatory Sources of

Supplies or Services

JUN 2006

FAR 52.211-5 Material Requirements AUG 2000

FAR 52.213-1

Fast Payment Procedures (Applies only to

orders under $500,000 for Iraq)

MAY 2006

FAR 52.219-16 Liquidated Damages – Subcontracting Plan JAN 1999

FAR 52.222-29 Notification of Visa Denial JUN 2003

FAR 52.229-6 Taxes-Foreign Fixed-Price Contracts JUN 2003

FAR 52.232-17 Interest JUNE 1996

FAR 52.242-13 Bankruptcy JULY 1995

FAR 52.242-15 Stop-Work Order AUG 1989

FAR 52.247-34 F.O.B. Destination NOV 1991

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Addendum to FAR 52.212-4 (continued)

FAR 52.252-6 (b) continued

FAR 52.251-1 Government Supply Sources APR 1984

DFARS 252.201-7000 Contracting Officer’s Representative DEC 1991

DFARS 252.204-7003 Control of Government Personnel Work

Product

APR 1992

DFARS 252.204-7004 Alternate A, Central Contractor Registration SEP 2007

DFARS 252.209-7004 Subcontracting with Firms That Are Owned

or Controlled by the Government of a

Terrorist Country

DEC 2006

DFARS 252.225-7002 Qualifying Country Sources as

Subcontractors

APR 2003

DFARS 252.225-7005 Identification of Expenditures in the United

States

JUN 2005

DFARS 252.225-7041 Correspondence in English JUN 1997

DFARS 252.225-7042 Authorization to Perform APR 2003

DFARS 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

DFARS 252.229-7001 Tax Relief JUN 1997

DFARS 252.232-7010 Levies on Contract Payments DEC 2006

DFARS 252.233-7001 Choice of Law (Overseas) JUN 1997

DLAD 52.211-9010 Shipping Documentation – MIL – STD –

129P

MAY 2006

DLAD 52.212-9001 Application of Fast Payment to Part 12

Acquisition (Applies only to orders under

$500,000 for Iraq)

AUG 2005

DLAD 52.213-9009 Fast Payment Procedure (Applies only to

orders under $500,000 for Iraq)

AUG 2005

DLAD 52.247.9012 Requirements for treatment of wood

packaging material (WPM)

FEB 2007

DLAD 252.251-7000 Ordering From Government Supply Sources NOV 2004

The following additional clauses are incorporated in full text:

FAR 52.209-6 – PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(Sep 2006)

(a) The Government suspends or debars Contractors to protect the Government’s interests. The Contractor

shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or

proposed for debarment unless there is a compelling reason to do so.

(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed

$30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the

subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal

Government.

before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see

FAR 9.404 for information on the Excluded Parties List System). The notice must include the following:

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Addendum to FAR 52.212-4 (continued)

FAR 52.209-6 (c) continued

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being in the

Excluded Parties List System.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding

its inclusion in the Excluded Parties List System.

(4) The systems and procedures the Contractor has established to ensure that it is fully

protecting the Government’s interests when dealing with such subcontractor in view of

the specific basis for the party’s debarment, suspension, or proposed debarment.

FAR

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of

delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may

be issued from date of first order through two (2) years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the

event of conflict between a delivery order or task order and this contract, the contract shall control.

order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if

authorized in the Schedule.

FAR 52.216-19 – ORDER LIMITATIONS.(Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an

amount of less than _$250.00

per order, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of ___N/A

__________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of __N/A

_________ [insert dollar figure or

quantity]; or

(3) A series of orders from the same ordering office within _____N/A_

____ days that together

call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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Addendum to FAR 52.212-4 (continued)

FAR 52.216-19 continued

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one

requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding

the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering

office within __N/A

___ days after issuance, with written notice stating the Contractor’s intent not to ship

the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire

the supplies or services from another source.

FAR 52.216-22 – INDEFINITE QUANTITY.(Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period

stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates

only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or

services specified in the Schedule up to and including the quantity designated in the Schedule as the

“maximum.” The Government shall order at least the quantity of supplies or services designated in the

Schedule as the “minimum.”

limit on the number of orders that may be issued. The Government may issue orders requiring delivery to

multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall

be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if

the order were completed during the contract’s effective period; provided, that the Contractor shall not be

required to make any deliveries under this contract after ___180 days

____ [insert date].

DFARS 252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S.

ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES. (MAR 2008)

(a) Definitions. As used in this clause—

“Combatant Commander” means the commander of a unified or specified combatant command established

in accordance with 10 U.S.C. 161.

“Designated operational area” means a geographic area designated by the combatant commander or

subordinate joint force commander for the conduct or support of specified military operations.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(b) General.

(1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces

deployed outside the United States in—

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations; or

(iii) Other military operations or military exercises, when designated by the Combatant

Commander.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may

require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor

accepts the risks associated with required contract performance in such operations.

(3) Contractor personnel are civilians accompanying the U.S. Armed Forces.

(i) Except as provided in paragraph (b)(3)(ii) of this clause, Contractor personnel are only

authorized to use deadly force in self-defense.

(ii) Contractor personnel performing security functions are also authorized to use deadly force

when such force reasonably appears necessary to execute their security mission to protect assets/persons,

consistent with the terms and conditions contained in their contract or with their job description and terms of

employment.

(iii) Unless immune from host nation jurisdiction by virtue of an international agreement or

international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed

Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs

(d) and (j)(3) of this clause).

(4) Service performed by Contractor personnel subject to this clause is not active duty or service

under 38 U.S.C. 106 note.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel

in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides

it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(ii) The Contracting Officer shall include in the contract the level of protection to be provided to

Contractor personnel.

(iii) In appropriate cases, the Combatant Commander may provide security through military

means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the

designated operational area are authorized to receive resuscitative care, stabilization, hospitalization at level III

military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or

eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an

emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel

to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs

associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in

this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support

required for its personnel engaged in the designated operational area under this contract.

(4) Contractor personnel must have a letter of authorization issued by the Contracting Officer in order

to process through a deployment center or to travel to, from, or within the designated operational area. The

letter of authorization also will identify any additional authorizations, privileges, or Government support that

Contractor personnel are entitled to under this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its

personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in

paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the Combatant Commander, including those relating

to force protection, security, health, safety, or relations and interaction with local nationals. However, only the

Contracting Officer is authorized to modify the terms and conditions of the contract.

(e) Pre-deployment requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying personnel

in support of U.S. Armed Forces. Specific requirements for each category may be specified in the statement of

work or elsewhere in the contract.

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(i) All required security and background checks are complete and acceptable.

(ii) All deploying personnel meet the minimum medical screening requirements and have

received all required immunizations as specified in the contract. The Government will provide, at no cost to the

Contractor, any theater-specific immunizations and/or medications not available to the general public.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to

enter and exit a designated operational area and have a Geneva Conventions identification card, or other

appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to

deploying personnel shall contain the access permissions allowed by the letter of authorization issued in

accordance with paragraph (c)(4) of this clause.

(iv) Special area, country, and theater clearance is obtained for personnel. Clearance

requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD

Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD

sponsorship.

(v) All personnel have received personal security training. At a minimum, the training shall—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(vi) All personnel have received isolated personnel training, if specified in the contract, in

accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not

ordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conduct

outside the United States that would constitute an offense punishable by imprisonment for more than one year if

the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may

potentially be subject to the criminal jurisdiction of the United States in accordance with the Military

Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends

to conduct that is determined to constitute a war crime when committed by a civilian national of the United

States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the

premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18

U.S.C. 7(9)); and

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(iv) In time of declared war or a contingency operation, Contractor personnel authorized to

accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military

Justice under 10 U.S.C. 802(a)(10).

(f) Processing and departure points. Deployed Contractor personnel shall—

(1) Process through the deployment center designated in the contract, or as otherwise directed by the

Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure

visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met,

including the requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC

will validate personnel accountability, ensure that specific designated operational area entrance requirements are

met, and brief Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall enter before deployment and maintain data for all Contractor personnel

that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in

paragraph (b)(1) of this clause. The Contractor shall use the Synchronized Predeployment and

Operational Tracker (SPOT) web-based system, at http://www.dod.mil/bta/products/spot.html

, to enter

and maintain the data.

(2) The Contractor shall ensure that all employees in the database have a current DD Form 93, Record

of Emergency Data Card, on file with both the Contractor and the designated Government official. The

Contracting Officer will inform the Contractor of the Government official designated to receive this data card.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any

Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or

violate applicable requirements of this contract. Such action may be taken at the Government’s discretion

without prejudice to its rights under any other provision of this contract, including the Termination for Default

clause.

(2) The Contractor shall have a plan on file showing how the Contractor would replace employees

who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep

this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall—

(i) Identify all personnel who are subject to military mobilization;

(ii) Detail how the position would be filled if the individual were mobilized; and

(iii) Identify all personnel who occupy a position that the Contracting Officer has designated as

mission essential.

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized

in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable

from military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment

(OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide

training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise

directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be

authorized to carry weapons, the request shall be made through the Contracting Officer to the Combatant

Commander, in accordance with DoD Instruction 3020.41, paragraph 6.3.4.1 or, if the contract is for security

services, paragraph 6.3.5.3. The Combatant Commander will determine whether to authorize in-theater

Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the

carrying of weapons—

(i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons

and ammunition to specified employees; or

(ii) The [Contracting Officer to specify the appropriate individual, e.g., Contracting Officer’s

Representative, Regional Security Officer] may issue Government-furnished weapons and ammunition to the

Contractor for issuance to specified Contractor employees.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the

Combatant Commander; and

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding

possession, use, safety, and accountability of weapons and ammunition.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by

Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization

to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition

are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all

vehicles or equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization

for the designated operational area whose function is to determine that certain items are scarce goods or

services, the Contractor shall coordinate with that organization local purchases of goods and services designated

as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the

Government will provide assistance, to the extent available, to United States and third country national

Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting

Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the

event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or

abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the

Government will assist in personnel recovery actions in accordance with DoD Directive 2310.2, Personnel

Recovery.

(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S.

Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7040 continued

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the

Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of

performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued

in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph

(q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed

outside the United States in—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the Combatant Commander.

CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND

AREA OF RESPONSIBILITY (DEVIATION 2007-O0010)

(a) Definitions. As used in this clause— “Chief of mission” means the principal officer in charge

of a diplomatic mission of the United States or of a United States office abroad which is

designated by the Secretary of State as diplomatic in nature, including any individual assigned

under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in

charge of such a mission or office.

“Combatant commander” means the commander of a unified or specified combatant command

established in accordance with 10 U.S.C. 161.

(b) General.

(1) This clause applies when contractor personnel are required to perform in the United

States Central Command (IJSCENTCOM) Area of Responsibility (AOR), and are not

covered by the clause at DFARS 252.225-7040, Contractor Personnel Authorized to

Accompany U.S. Armed Forces Deployed Outside the United States.

(2) Contract performance may require work in dangerous or austere conditions. Except as

otherwise provided in the contract, the Contractor accepts the risks associated with

required contract performance in such operations.

(3) Contractor personnel are civilians.

(i) Except as provided in paragraph (b)(3)(ii) of this clause, and in

accordance with paragraph (i)(3) of this clause, contractor personnel are

only authorized to use deadly force in self defense.

(ii) Contractor personnel performing security functions are also authorized to use

deadly force when use of such force reasonably appears

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

necessary to execute their security mission to protect assets/persons,

consistent with the terms and conditions contained in the contract or

with their job description and terms of employment.

(4) Service performed by contractor personnel subject to this clause is not active duty or

service under 38 U.S.C. 106 note.

logistical and security support required for contractor personnel engaged in this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure

that its personnel in the USCENTCOM AOR are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Force protection, security, health, or safety orders, directives, and instructions issued

by the Combatant Commander; however, only the Contracting Officer is authorized to

modify the terms and conditions of the contract.

(e) Preliminary personnel requirements.

(1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be

set forth in the statement of work, or elsewhere in the contract.

(2) Before contractor personnel depart from the United States or a third country, and

before contractor personnel residing in the host country begin contract performance in the

USCENTCOM AOR, the Contractor shall ensure the following:

(i) All required security and background checks are complete and

acceptable.

(ii) All personnel are medically and physically fit and have received all

required vaccinations.

(iii) All personnel have all necessary passports, visas, entry permits, and

other documents required for contractor personnel to enter and exit the

foreign country, including those required for in-transit countries.

(iv) All personnel have received theater clearance, if required by the

Combatant Commander.

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

(v) All personnel have received personal security training. The training

must at a minimum—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities;

and

resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the

contract. Isolated personnel are military or civilian personnel separated from their

unit or organization in an environment requiring them to survive, evade, or

escape while awaiting rescue or recovery.

(vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or

Consulate with jurisdiction over the area of operations on-line at

http://www.travel.state.gov.

(3) The Contractor shall notify all personnel who are not a local national or ordinarily

resident in the host country that—

(i) Such employees, and dependents residing with such employees, who engage

in conduct outside the United States that would constitute an offense punishable

by imprisonment for more than one year if the conduct had been engaged in

within the special maritime and territorial jurisdiction of the United States, may

potentially be subject to the criminal jurisdiction of the United States (see the

Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 et seq.);

(ii)Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction

also extends to conduct that is determined to constitute a violation of the law of

war when committed by a civilian national of the United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit

offenses on the premises of United States diplomatic, consular, military or other

Government missions outside the United States (18 U.S.C. 7(9)).

(f) Processing and departure points. The Contractor shall require its personnel who are arriving

from outside the area of performance to perform in the USCENTCOM AOR to-

(1) Process through the departure center designated in the contract or complete another

process as directed by the Contracting Officer;

(2) Use a specific point of departure and transportation mode as directed by the

Contracting Officer; and

(3) Process through a reception center as designated by the Contracting Officer upon

arrival at the place of performance.

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

(g) Personnel data.

(1) The Contractor shall enter, before deployment, or if already in the USCENTCOM

AOR, enter upon becoming an employee under this contract, and maintain current data,

including departure date, for all contractor personnel, including U.S. citizens, U.S. legal

aliens, third country nationals; and local national contractor personnel, who are

performing this contract in the USCENTCOM AOR. This requirement excludes—

•Personnel hired under contracts for which the period of performance is less than

30 days; and

•Embarked contractor personnel, while afloat, that are tracked by the Diary

Message Reporting System.

(2) The automated web-based system to use for this effort is the Synchronized

Predeployment and Operational Tracker (SPOT). Follow these steps to register in and use

SPOT:

(i)SPOT registration can be accomplished by either a Common Access Card or

through an Army Knowledge Online (AKO) account.

(ii)In order to obtain an AKO account, the Contractor shall—

(A)Request the Contracting Officer or other Government point of

contract to sponsor its AKO guest account;

(B)Go to http://www.us.army.mil

(C)Enter the AKO sponsor username; and

(D)After AKO registration, contact the sponsor to confirm

registration.

(iii) Registration in SPOT.

(A)Register for a SPOT account

https://iel.kc.us.army.mil/spotregistration/

(B)The customer support team must validate user need. This process may

take 2 business days. Company supervisors will be contacted to

determine the appropriate level of user access.

(iv) Access to SPOT. Upon approval, all users will access SPOT at

https://iel.kc.us.army.mil/spotracker

(v)SPOT Questions. Refer SPOT application assistance questions to the

Customer Support Team at 717-506-1358 or SPOT@technisource.com

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

(3) The Contractor shall ensure that all employees in the database have a current DD

Form 93, Record of Emergency Data Card, on file with both the Contractor and the

designated Government official. The Contracting Officer will inform the Contractor of

the Government official designated to receive the data card.

(h) Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense,

to remove and replace any contractor personnel who fail to comply with or violate applicable

requirements of this contract. Such action may be taken at the Government’s discretion without

prejudice to its rights under any other provision of this contract, including termination for default

or cause.

(i) Weapons.

(1) If the Contracting Officer, subject to the approval of the Combatant Commander,

authorizes the carrying of weapons—

(i) The Contracting Officer may authorize an approved Contractor to issue

Contractor-owned weapons and ammunition to specified employees; or

(ii)The ________ [Contracting Officer to specify individual, e.g. Contracting

Officer Representative, Regional Security Officer, etc,] may issue Government-

furnished weapons and ammunition to the Contractor for issuance to specified

contractor employees.

(2) The Contractor shall provide to the Contracting Officer a specific list of personnel for

whom authorization to carry a weapon is requested.

(3)The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B)With full understanding of, and adherence to, the rules of the use of

force issued by the Combatant Commander; and

(C)In compliance with applicable Department of Defense and agency

policies, agreements, rules, regulations, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the Combatant

Commander regarding possession, use, safety, and accountability of

weapons and ammunition.

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

(4)Upon revocation by the Contracting Officer of the Contractor’s

authorization to possess weapons, the Contractor shall ensure that all

Government-furnished weapons and unexpended ammunition are returned as

directed by the Contracting Officer.

(5) Whether or not weapons are Government-furnished, all liability for the use

of any weapon by contractor personnel rests solely with the Contractor and the

Contractor employee using such weapon.

(j) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to

operate all vehicles or equipment necessary to perform the contract in the area

of performance.

(k)Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless

specifically authorized by the Combatant Commander. If authorized to wear

military clothing, contractor personnel must wear distinctive patches, arm bands,

nametags, or headgear, in order to be distinguishable from military personnel, consistent

with force protection measures.

(2) Contractor personnel may wear specific items required for safety and security, such as

ballistic, nuclear, biological, or chemical protective equipment.

(1) Evacuation.

(1) If the Chief of Mission or Combatant Commander orders a mandatory evacuation of

some or all personnel, the Government will provide to United States and third country

national contractor personnel the level of assistance provided to private United States

citizens.

(2) In the event of a non-mandatory evacuation order, the Contractor shall maintain

personnel on location sufficient to meet contractual obligations unless instructed to

evacuate by the Contracting Officer.

m) Personnel recovery. In the case of isolated, missing, detained, captured or abducted contractor

personnel, the Government will assist in personnel recovery actions in accordance with DoD

Directive 2310.2, Personnel Recovery.

(n) Notification and return of personal effects.

(1) The Contractor shall be responsible for notification of the employee-designated next

of kin, and notification as soon as possible to the U.S. Consul responsible for the area in

which the event occurred, if the employee—

(i) Dies;

(ii) Requires evacuation due to an injury; or

(iii) Is isolated, missing, detained, captured, or abducted.

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Addendum to FAR 52.212-4 (continued)

DEVIATION 2007-O0010 continued

(2) The Contractor shall also be responsible for the return of all personal effects of

deceased or missing contractor personnel, if appropriate, to next of kin.

(o) Mortuary affairs. Mortuary affairs for contractor personnel who die in the area of

performance will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs

Policy.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this

contract, the Contracting Officer may, at anytime, by written order identified as a changeorder,

make changes in place of performance or Government-furnished facilities, equipment, material,

services, or site. Any change order issued in accordance with this paragraph shall be subject to the

provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this

paragraph (q), in all subcontracts that require subcontractor personnel to perform in the

USCENTCOM AOR.

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of

Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if

performing or traveling outside the United States under this contract, shall

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or

subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-

country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and

subcontractor personnel who are third country nationals comply with any security related

requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection

awareness information commensurate with that which the Department of Defense (DoD)

provides to its military and civilian personnel and their families, to the extent such

information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for

Contractor and subcontractor personnel.

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Addendum to FAR 52.212-4 (continued)

DFARS 252.225-7043 (continued)

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained

from the Contracting Officer.

DLAD 52.212-9000 CHANGES – MILITARY READINESS (Mar 2001)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes

clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace

Keeping Operation, as defined below, the contracting officer may, by written order, change 1) the method

of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of,

or the time required for performance, the contracting officer shall make an equitable adjustment in the

contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its

right to an adjustment within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that-

(i) Is designated by the Secretary of Defense as an operation in which members of the armed

forces are or may become involved in military actions, operations, or hostilities against an enemy

of the United States or against an opposing military force; or

(ii) Results in the call or order to, or retention on, active duty of members of the uniformed

services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406,

Chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency

declared by the President or Congress (10 U.S.C. 101(a) (13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of

humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or

VII of the Charter of the United Nations. The term does not include routine training, force rotation, or

stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d) (2) (B)).

DLAD 52.215-9006 – JAVITS-WAGNER-O’DAY ACT ENTITY SUPPORT – CONTRACTING

REPORTING (DEC 1997)

The contractor shall submit periodic progress reports (no less frequently than annually) to the contracting

officer regarding the contractor's subcontracting efforts relative to JWOD entities. There is no standard or

prescribed format for this requirement; however, performance data accumulated and reported by the

contractor must be as specified in its offer.

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Addendum to FAR 52.212-4 (continued)

DSCP 52.209-9P04 CERTIFICATION OR DISCLOSURE OF DEBARRED OR SUSPENDED

SUBCONTRACTORS, SUPPLIERS OR INDIVIDUALS (JAN 1992)

(a) Contractors are prohibited from using suspended or debarred contractors as subcontractors or

suppliers.

(1) Except as listed in paragraph (3) below, the offeror certifies by submission of its offer, that no

part of the work called for by any contract resulting from this solicitation shall be performed by any

subcontractor, or any tier, or supplier appearing in the Lists of Parties Excluded From Federal

Procurement or Nonprocurement Programs.

(2) Verification of any contractor suspected of appearing in the above list may be obtained by

contacting the contracting officer at the office shown on page 1 of the solicitation.

(3) Debarred or suspended contractors proposed as subcontractors or suppliers:

Name and Address of Contractor(s)

_____________________________________

______________________________________

(4) Approval to use a debarred or suspended contractor as a subcontractor or supplier shall not be

given by the Government unless there are compelling reasons for this approval.

(5) Failure on the part of the offeror to comply with this clause in any contract resulting from this

solicitation may result in the Government terminating the entire contract, or any portion thereof, pursuant

to the "Default" clause of such contract.

(6) The offeror agrees, if awarded a contract under this solicitation, to insert the substance of this

clause, including this paragraph (6), in every subcontract resulting from such contract and to require its

subcontractors and suppliers to do likewise.

(b) In addition, offerors are required to identify below, as indicated, any suspended or debarred

individual(s) appearing in the list in para (a)(1) above whom they employ, associate with or have a

relationship to. Such employment, business associations and relationships will be examined to determine

the impact of those ties on the responsibility of the offeror as a government contractor. Verification of

suspected suspended/debarred individuals may be obtained as indicated in paragraph (a)(2) above.

Name and Title of Suspended or Debarred Individual(s): Organization: (If other than offeror)

_____________________________________________________________________________________

Describe Association/Relationships: (e.g., employer, consultant)

__________________________________

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Addendum to FAR 52.212-4 (continued)

DSCP 52.209-9P07 PRE-AWARD PLANT SURVEY (JAN 1992)

To determine the responsibility of prospective contractors, the government reserves the right to

conduct physical surveys of the plants which are to be used in the performance of a contract.

In the event the government is prevented from making such survey by the offeror or it’s proposed

subcontractor, the offer may be rejected. As a part of the pre-award survey, the offeror may be required

to obtain from its intended sources of supply, letters confirming availability of components, materials

machinery and tooling.

DSCP 52.211-9P36 FDA COMPLIANCE (JAN 1992)

If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and

Cosmetic Act, and regulations there under, the contractor shall, at the Government’s option, either

reimburse the Government or repair/replace the recalled supplies. Additionally, the contractor shall

notify the contracting officer immediately when a firm decides to voluntarily recall or withdraw any

product from the marketplace. Upon notification by the contracting officer that supplies acquired

hereunder have been recalled, the contractor shall either (a) accept Certificates of Destruction from the

Government after the supplies have been properly disposed of, (b) request return of the supplies, or (c) if

supplies may be repaired on site without transporting them from their location, furnish all materials

necessary to effect repairs. Replacement or reimbursement will be accomplished by the contractor

immediately on receipt of Certificates of Destruction or returned supplies. The costs of replacement or

repair of supplies, and transportation and handling costs for movement of returned, replaced or repaired

supplies within the continental United States shall be paid by the contractor. The provisions of this clause

are applicable only when the value of the recalled supplies in the possession of the Government amounts

to $100 or more. 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 in the contract.

DSCP 52.216-9P04 RESPONSIBILITY FOR ADMINISTRATION OF DELIVERY ORDER(S)

(AUG 1992)

Delivery orders issued against this indefinite delivery contract shall be administered by the person who

placed the order on behalf of the government, i.e., the commissary ordering officer or the ordering officer

responsible for the troop support activity. Ordering officers are authorized to modify delivery orders and

perform all administrative functions pertaining to such orders including termination of the order for late

deliveries and other product nonconformance’s. In

these cases, the applicable agency, commissary, or activity may reprocure the supplies locally. Ordering

officers, however, are not authorized to sign purchase orders or contracts and cannot take any action to

charge the account of the contractor unless they are also contracting officers. Only an authorized

contracting officer acting on behalf of the agency, commissary or activity can take these particular

reprocurement actions. Administration of the terms and conditions set forth in the IDTC is the

responsibility of the DSCP contracting officer. The ordering officer shall also notify the DSCP

contracting officer of all terminations and repurchase actions which were processed under the IDTC.

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Addendum to FAR 52.212-4 (continued)

DSCP 52.217-9P12 OPTION FOR INDEFINITE-DELIVERY, INDEFINITE-QUANTITY

CONTRACT TERM EXTENSION (MAR 2004)

(a) Acceptance of the option provision(s)/clauses contained herein is mandatory. Failure to indicate

acceptance of the option by annotating the offeror’s option price in the schedule or elsewhere in the

solicitation will be deemed non-acceptance of the option and may result in rejection of the offeror’s entire

bid/proposal.

(b) Offerors may offer options at unit prices which differ from the unit prices for the base ordering

period.

additional 24 month option

period(s) by written notice by close of business to the contractor within three (3) days before the

expiration date of the contract, provided that the contracting officer shall give the contractor a preliminary

written notice of intent to extend at least 60 days before expiration of the contract. The preliminary notice

does not commit the government to an extension.

(d) Performance under the option period shall continue at the same performance level specified for the

basic contract.

(f) The option is deemed exercised when mailed or otherwise furnished to the contractor.

(g) If the contracting officer exercises this option, the extended contract shall be considered to include this

option clause and the minimum and maximum quantities specified in the award for that option period will

apply.

(h) The total duration of any one option exercised under this clause shall not exceed 24 months.

(i) The following provisions apply only to negotiated acquisitions:

(1) If an option has been priced under this solicitation and is to be exercised at time of award of the

basic contract, the submission of certified cost or pricing data shall be required prior to award where the

combined dollar value of the basic contract and option exceeds $650,000, unless an exemption thereto is

appropriate in accordance with FAR 15.403-1.

(2) Prior to the award of any contract which will contain one or more priced options totaling

$650,000 or more, the submission of certified cost or pricing data covering the basic contract and the

option(s) shall be required regardless of when the option(s) may be exercised, unless an exemption thereto

is appropriate in accordance with FAR 15.403-1.

DSCP 52.246-9P29 ADMINISTRATIVE COST TO THE GOVERNMENT IN PROCESSING

CONTRACT MODIFICATIONS (JAN 1992)

Where contract modifications are issued solely for the benefit of the contractor, e.g., acceptance of

nonconforming supplies or change in place of performance or delivery, the sum of

$100.00 (the government’s administrative cost to process the modification) shall be obtained from the

contractor in addition to any other monetary consideration.

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Addendum to FAR 52.212-4 (continued)

DSCP 52.246-9P32 FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESOME MEAT

ACT (JAN 1992)

(a) The contractor warrants that the supplies delivered under this contract comply with the Federal

Food, Drug and Cosmetic Act and the Wholesome Meat Act, and regulations hereunder. This warranty

will apply regardless of whether or not the supplies have been:

(1) Shipped in interstate commerce,

(2) Seized under either act or inspected by the Food and Drug Administration or Department of

Agriculture.

(3) Inspected, accepted, paid for or consumed, or any or all of these, provided however, that the

supplies are not required to comply with requirements of said acts and regulations hereunder when a

specific paragraph of the applicable specification directs otherwise and the supplies are being contracted

for military rations, not for resale.

(b) The government shall have six months from the date of delivery of the supplies to the government

within which to discover a breach of this warranty. Notwithstanding the time at which such breach is

discovered, the right is reserved to give notice of breach of this warranty at any time within such

applicable period or within 30 days after expiration of such period, and any such notice shall preserve the

rights and remedies provided herein.

may, at its election:

(1) Retain all or part of the supplies and recover from the contractor, or deduct from the contract

price, a sum determined to be equitable under the circumstances;

(2) Return or offer to return all or part of the supplies to the contractor in place and recover the

contract price and transportation, handling, inspection and storage costs expended therefore; provided,

that if the supplies are seized under either act, such seizure, at government option, shall be deemed a

return of supplies within the meaning of this clause and thereby allow the government to pursue the

remedy provided herein. Failure to agree to any deduction or recovery provided herein shall be a dispute

of a question of fact within the meaning of the clause of this contract entitled “disputes”.

(d) The rights and remedies provided by this clause shall not be exclusive and are in addition to other

rights and remedies provided by law or under this contract, nor shall pursuit of a remedy herein or by law

either jointly, severally or alternatively, whether simultaneously or at different times, constitute an

election of remedies.

The following clauses are incorporated in full text and apply specifically to Iraq:

AI 22.1 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING

CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (5 Nov 07)

All contractors (“contractors” herein below includes subcontractors at all tiers) are reminded of the

prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying,

concealing, removing, confiscating, or possessing any actual or purported passport or other immigration

document, or any other actual or purported government identification document, of another person, to

prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to

move or travel, in order to maintain the labor or services of that person, when the person is or has been a

victim of a severe form of trafficking in persons.

Contractors are also required to comply with the following provisions:

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Addendum to FAR 52.212-4 (continued)

AI 22.1 continued

1) Contractors shall only hold employee passports and other identification documents discussed

above for the shortest period of time reasonable for administrative processing purposes.

2) Contractors shall provide all employees with a signed copy of their employment contract, in

English as well as the employee’s native language that defines the terms of their

employment/compensation.

3) Contractors shall not utilize unlicensed recruiting firms, or firms that charge illegal recruiting

fees.

4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety,

living space) for their employees. Fifty square feet (50 sf) is the minimum acceptable square

footage of personal living space per employee. Upon contractor’s written request, contracting

officers may grant a waiver in writing in cases where the existing square footage is within 20% of

the minimum, and the overall conditions are determined by the contracting officer to be

acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

5) Contractors shall incorporate checks of life support areas to ensure compliance with the

requirements of this Trafficking in Persons Prohibition into their Quality Control program, which

will be reviewed within the Government’s Quality Assurance process.

6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and

the requirements for work visas. Contractors shall follow all Host Country entry and exit

requirements.

Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees

violating the human trafficking and inhumane living conditions provisions contained herein. Contractors

are advised that contracting officers and/or their representatives will conduct random checks to ensure

contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living

conditions and withholding of passports.

The contractor agrees to incorporate the substance of this clause, including this paragraph, in all

subcontracts under his contract.

AI 25.3 COMPLIANCE WITH LAWS AND REGULATIONS (5 Nov 07).

The Contractor shall comply with, and shall ensure that its personnel and its subcontractors and

subcontractor personnel at all tiers obey all existing and future U.S. and Host Nation laws, Federal or

DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and

Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps

fragmentary orders, instructions and directives.

Contractor employees performing in the USCENTCOM Area of Operations are under the jurisdiction of

the Uniform Code of Military Justice (UCMJ). Under the UCMJ, U.S. commanders may discipline

contractor employees for criminal offenses. Contractors shall advise the Contracting Officer if they

suspect an employee has committed an offense. Contractors shall not permit an employee suspected of a

serious offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval

from the senior U.S. commander in the country.

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Addendum to FAR 52.212-4 (continued)

AI 25.2 FITNESS FOR DUTY AND LIMITS ON MEDICAL/DENTAL CARE IN IRAQ AND

AFGHANISTAN (5 Nov 07)

The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of

deployed employees, the provisions for care offered under this section, and redeployment of individuals

determined to be unfit. The contractor bears the responsibility for ensuring all employees are aware of the

conditions and medical treatment available at the performance. The contractor shall include this

information and requirement in all subcontracts with performance in the theater of operations.

The contractor shall not deploy an individual with any of the following conditions unless

approved by the appropriate CENTCOM Service Component (ie. ARCENT, CENTAF, etc.) Surgeon:

Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic

helmet, body armor, and chemical/biological protective garments; conditions which prohibit required

theater immunizations or medications; conditions or current medical treatment or medications that

contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus,

Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial

infarction within one year prior to deployment, or within six months of coronary artery bypass graft,

coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias,

either symptomatic or requiring medical or electrophysiologic control; uncontrolled hypertension, current

heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly

diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist

surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require

urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic

care, conditions with immediate restorative dentistry needs, conditions with a current requirement for

oral-maxillofacial surgery; new onset (< 1 year)) seizure disorder, or seizure within one year prior to

deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder,

unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (<

1year) of mood disorder, thought disorder, anxiety, somotoform, or dissociative disorder, or personality

disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis,

current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement;

requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar

disorders. (Reference: Mod 8 to USCENTCOM Individual Protection and Individual/Unit Deployment

Policy, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the

CENTCOM AOR).

In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038,

DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military

treatment facilities and assistance with patient movement in emergencies where loss of life, limb or

eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and

short-term medical treatment with an emphasis on return to duty or placement in the patient movement

system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable

treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost

fillings.

Routine and primary medical care is not authorized. Pharmaceutical services are not

authorized for routine or known prescription drug needs of the individual. Routine dental care,

examinations and cleanings are not authorized.

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Addendum to FAR 52.212-4 (continued)

AI 25.2 continued

Notwithstanding any other provision of the contract, the contractor shall be liable for any and all

medically-related services or transportation rendered. In accordance with OUSD(C) Memorandum dated

January 4, 2007, the following reimbursement rates will be charged for services at all DoD deployed

medical facilities. These rates are in effect until changed by DoD direction.

Inpatient daily rate: $1,918.00. Date of discharge is not billed unless the patient is admitted to

the hospital and discharged the same day.

Outpatient visit rate: $184.00. This includes diagnostic imaging, laboratory/pathology, and

pharmacy provided at the medical facility.

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FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (MAR 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which

are incorporated in this contract by reference, to implement provisions of law or Executive orders

applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,

108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer

has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep

2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C.

657a).

__X_

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it

shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15

U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15

U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15

U.S.C. 637(d)(2) and (3)).

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FAR 52.212-5 (continued)

_X_ (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(15 U.S.C.

637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C.

637(a)(14)).

_ (10) 52.219-16, Liquidated Damages- Subcontracting Plan (Jan 1999)(15

U.S.C. 637(d)(4)(F)(i)).

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror

elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102,

and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (May 2004).

_X_

(15) 52.219-28, Post Award Small Business Program Representation

(June 2007) (15 U.S.C. 632(a)(2).

_ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans

of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

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FAR 52.212-5 (continued)

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun

1998)(29 U.S.C. 793).

_ (22) 52.222-37, Employment Reports on Special Disabled Veterans,

Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C.

4212).

_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of

Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) ( Applies

to all contracts).

___

(ii) Alternate I (Aug 2007) of 52.222-50

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec

2007) (42 U.S.C. 8259b)

___ (27) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423)

___ (ii) Alternate I (Dec 2007) of 52.223-16

___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-

10d).

___ (29) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli

Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112

note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006)

(E.o.s, proclamations, and statutes administered by the Office of Foreign Assets

Control of the Department of the Treasury).

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FAR 52.212-5 (continued)

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007)(42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007)(42 U.S.C. 5150).

___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb

2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41

U.S.C. 255(f), 10 U.S.C. 2307(f)).

_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct. 2003)(31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

_ (40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

________________________________________________

services, that the Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et

seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and

41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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FAR 52.212-5 (continued)

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et

seq.).

___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C.

5112 (p)(1)).

________________________________________________

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this

paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s

directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records,

materials, and other evidence for examination, audit, or reproduction, until 3 years after

final payment under this contract or for any shorter period specified in FAR Subpart 4.7,

Contractor Records Retention, of the other clauses of this contract. If this contract is

completely or partially terminated, the records relating to the work terminated shall be

made available for 3 years after any resulting final termination settlement. Records

relating to appeals under the disputes clause or to litigation or the settlement of claims

arising under or relating to this contract shall be made available until such appeals,

litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and

practices, and other data, regardless of type and regardless of form. This does not require

the Contractor to create or maintain any record that the Contractor does not maintain in

the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause,

the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through

(vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent

of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting

opportunities. If the subcontract (except subcontracts to

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FAR 52.212-5 (continued)

small business concerns) exceeds $550,000 ($1,000,000 for construction of any

public facility), the subcontractor must include 52.219-8 in lower tier

subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29

U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union

Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007), flow down required for

all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et

seq.)

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C.

7104(g)). Flow down required in accordance with paragraph (f) of FAR clause

52.222-50

(viii) 52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et

seq.).

(2) While not required, the contractor may include in its subcontracts for commercial

items a minimal number of additional clauses necessary to satisfy its contractual

obligations.

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DFARS 252.212-7001 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (MAR 2008)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation

(FAR) clause which, if checked, is included in this contract by reference to implement a

provision of law applicable to acquisitions of commercial items or components.

___X_ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)

(b) The Contractor agrees to comply with any clause that is checked on the following list

of Defense FAR Supplement clauses which, if checked, is included in this contract by

reference to implement provisions of law or Executive orders applicable to acquisitions

of commercial items or components.

___X_ 252.205-7000 Provision of Information to Cooperative Agreement Holders

(DEC 1991) (10 U.S.C. 2416).

___X_ 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (APR

2007) (15 U.S.C. 637).

_____ 252.219-7004 Small Business Subcontracting Plan (Test Program) (APR

2007) (15 U.S.C. 637 note).

___X_ 252.225-7001 Buy American Act and Balance of Payments Program (JUN

2005) (41 U.S.C. 10a-10d, E.O. 10582).

___X_ 252.225-7012

Preference for Certain Domestic Commodities

(MAR 2008) (10 U.S.C. 2533a).

_____ 252.225-7014 Preference for Domestic Specialty Metals (JUN 2005) (10

U.S.C. 2533a).

_____ 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(JUN 2005) (10 U.S.C. 2533a).

_____ 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings

(MAR 2006) (Section 8065 of Pub. L. 107-117 and the same

restriction in subsequent DoD appropriations acts).

_____ 252.225-7021 Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and

19 U.S.C. 3301 note).

_____ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales

(APR 2003) (22 U.S.C. 2779).

_____

252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(APR 2003) (22 U.S.C. 2755).

_____ 252.225-7036 Buy American Act--Free Trade Agreements--Balance of

Payments Program (MAR 2007)) (41 U.S.C. 10a-10d and 19

U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

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DFARS 252.212-7001 (continued)

_____ 252.225-7038

Restriction on Acquisition of Air Circuit Breakers (JUN

2005) (10 U.S.C. 2534(a)(3)).

___X_ 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

(SEP 2004) (Section 8021 of Pub. L. 107-248 and similar

sections in subsequent DoD appropriations acts).

_____ 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C.

2320).

_____ 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP

1999) (10 U.S.C. 2321).

___X_ 252.232-7003 Electronic Submission of Payment Requests (MAR 2008)

(10 U.S.C. 2227).

__X___ 252.237-7019 Training for Contractor Personnel Interacting with Detainees

(SEP 2006) (Section 1092 of Public Law 108-375).

___X_ 252.243-7002 Requests for Equitable Adjustment (MAR 1998) (10 U.S.C.

2410).

___X_ 252.247-7023 Transportation of Supplies by Sea (MAY 2002)

(__X_Alternate I) (MAR 2000) (____Alternate II) (MAR

2000) (____Alternate III) (MAY 2002) (10 U.S.C. 2631).

___X_ 252.247-7024 Notification of Transportation of Supplies by Sea (MAR

2000) (10 U.S.C. 2631).

Required to Implement Statutes or Executive Orders--Commercial Items clause of this

contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses,

if applicable, in subcontracts for commercial items or commercial components, awarded

at any tier under this contract:

252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003)

(10 U.S.C. 2533a).

252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP

2006) (Section 1092 of Pub. L. 108-375).

252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10

U.S.C. 2631).

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STATEMENT OF WORK (SOW)

SUPPLIES/SERVICES AND PRICES

I. INTRODUCTION

A. This solicitation involves support of customers who are currently within war zones. The zones to

be supported under this solicitation have been designated as contingency operations in accordance

with the definition at FAR 2.101. Offerors are advised to consult with the U.S. Department of

State (www.travel.state.gov

) for the latest information on the political and security conditions in

the solicited zones.

B. The Defense Supply Center Philadelphia (DSCP) intends to enter into an Indefinite Quantity

Contract (IQC) with a full line food distributor who will act as a Prime Vendor responsible for the

supply and delivery of semi-perishable and perishable items. The prime vendor must be capable

of supplying all chilled products, semi perishable food stuffs, frozen fish, meat and poultry, other

frozen foods (fruits, vegetables, prepared foods, etc.), dairy and ice cream products, fresh and

frozen bakery products, beverage base & juices (for dispensers), beverages & juices (non-

dispenser), fresh fruits and vegetables, non-food items and Government Furnished Material

(GFM) such as Unitized Group Rations (UGR’s,) Meals Ready to Eat (MRE’s,) Health and

Comfort packs (HCP’s) and other operational rations items (either currently in existence or to be

introduced during the term of this award).

C. The purpose of this solicitation is for the DSCP to establish an IQC commercial prime vendor

contract to provide subsistence products to the military and other federally funded customers

within Kuwait, Iraq, and Jordan. Other customers including other non-Department of Defense

(DOD) customers may also be added as required over the life of any resultant contract. An IQC

provides for an indefinite quantity, within stated limits, of specific supplies or services to be

furnished during a fixed period, with individual deliveries to be scheduled by customers placing

orders with the contract (FAR 16.504(a)). Note: The term “Ordering Facilities” or “Ordering

Activities,” as used throughout this solicitation, will refer to all of the delivery points under this

solicitation.

D. Prices are to be submitted, and payment will be made, in U.S. dollars.

E. DSCP has determined that the following two zones are required to support all of the military

customers located in Kuwait, Iraq, and Jordan; i.e., military shore and/or ship facilities, mobile

kitchen tent facilities (MKT’s), ration break points, trailer-transfer points, and military training

exercise locations:

Zone 1 – Kuwait and Northern, Central, and Southern portions of Iraq to be

supported via delivery routes originating from Kuwait and Turkey.

Zone 2 – Jordan and West-Central portion of Iraq, primarily but not limited to

the Anbar Province to be supported via delivery routes originating

from Jordan.

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SOW - Supplies/Services and Prices (continued)

I. Introduction (continued)

F. The Prime Vendor will need to transport full and empty containers/trucks to and from Iraq under

the supervision of a U.S. Army convoy. The vendor is responsible to honor the provisions of

clause 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside The United

States (Mar 2006), and all clauses which may supplement or supersede it. Iraq convoy routes are

established via Kuwait, Turkey, and Jordan. A vendor(s) needs to have, at a minimum, two

Outside Continental United States (OCONUS) physical warehouse locations and distribution

networks for Zone 1; one in Turkey and one in Kuwait. A vendor needs to have, at a minimum,

one OCONUS physical warehouse location and distribution network in Jordan for Zone 2.

G. Travel in Iraq remains very dangerous. Various forms of terrorist and criminal elements remain

active. Military operations continue. Attacks against military and civilian targets, including

military convoys throughout Iraq continue. Offerors are advised to consult with the U.S.

Department of State (www.travel.state.gov

) for the latest information on the political and security

conditions in the above zones.

H. The Government intends to make two awards, one per zone. The intent is to have two different

contractors, one for each of the separate zones. In order to ensure that two sources are available

and to ensure the continuous availability of reliable sources of supplies, the Government reserves

the right to exclude, under the authority of FAR 6.202, the awardee under one of these zones from

being eligible for award under the other zone. However, Government reserves the right to make

one award for both zones, as necessary to support both zones if it is in the government’s best

interest.

Offerors are encouraged to submit separate offers, one for each zone, but shall not make one offer

on a zone contingent upon receiving an award on the other zone.

I The contract (s) shall be for a term of twenty-four months and will include two available twenty-

four month option periods.

II. WORK TO BE PERFORMED

A. Zones:

Each Zone includes multiple ordering facilities, as listed in the Deliveries and Performance

section of this solicitation. Ordering facilities can be added and/or subtracted as conditions

warrant based on U.S. Government request and applicable Military Service/customer needs. In

order to provide an estimate of the size of the contract, an approximate dollar value has been

annotated for each Zone as follows:

Total estimated annual sales for Zone 1: $1,308,737,022.57

Total estimated annual sales for Zone 2: $ 264,041,437.40

Note: The estimated annual sales volume for Zone 2 is for West-Central Iraq ordering

facilities only. The Government does not have at this time customer site locations in

Jordan.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

B. Domestic Item Preference

In accordance with DFARS 225.7501 Policy, “Acquire only domestic end products for use

outside the United States,” the government’s preference remains domestic product. All offerors

and, at any time during the performance period, the contractor will be required to certify the offer

of all non-domestic end products. The certification must be made in the Buy American Act –

Balance of Payments Program Certificate (DFARS 252.225-7000, June 2005) which is located

herein.

The prime vendor shall also request approval in writing from the Contracting Officer prior to

adding non-domestic items to the ordering catalog. The prime vendor must submit pricing

information for the foreign product and its domestic equivalent so that the government can

perform an analysis in keeping with the Balance of Payments Program. Non-domestic items will

not be added to the catalog without the prior approval of the Contracting Officer. Note: Fresh

fruits and vegetables and other items that are required to be purchased from local Outside

Continental United States (OCONUS) approved sources are excluded from this domestic item

preference. Those items are categorized as “local market ready items” on the attached schedule

of items.

In accordance with DFARS 225.7002-2 (f) (1), acquisitions of food in support of contingency

operations are not subject to the restrictions in DFARS 225.7002-1. Written notification will be

provided should either area within this solicitation no longer qualify as a contingency zone, since

this will necessitate a phase out of foreign products which may be in the pipeline. If areas no

longer hold a contingency designation, adherence to the routine provisions of the Berry

Amendment (DFARS 252.225-7012), as incorporated in this solicitation, will be in effect.

C. Local Market Ready Type Items

The Zone 1 prime vendor must have the ability to perform delivery of produce, market ready and

dairy type items from local Kuwait and Turkey approved sources.

The Zone 2 prime vendor must have the ability to perform delivery of produce, market ready and

dairy type items from local Jordan approved sources.

Based on customer requirements reflected during cataloging, the prime vendor will select local

market ready (LMR) vendors from the CENTCOM listing for approved local vendors. If no

vendor is identified for a particular requirement, the vendor will source and request Veterinary

(VET) inspection for his designated local source. All LMR items will be inspected for quality on

receipt. Supplier audits are conducted in coordination with VET procedure.

Estimated market ready items and their usage quantities are identified in the schedule for each

zone and are included in the total estimated annual sales dollars.

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SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

D. Government Furnished Material (GFM)

Prime Vendors must have the capability to receive, store, distribute, perform open case

inspections, perform open case re-work, label, re-label, dispose and account for GFM type items

such as Operational Ration Type items as described below. The U.S. Government reserves the

right to modify the type of GFM to be accounted for to include traditional line-item-A type items.

As directed by the Contracting Officer, various specialty items; i.e., meal kits, hot cans, hot

meals, products ordered for special forces, decorations, etc, shall be ordered by the prime vendor

and converted to GFM at the time of warehouse receipt. The product shall remain in the prime

vendors inventory as GFM until it is ordered by the customer at the associated GFM distribution

price or the GFM “other” distribution price. When the product is received into inventory, the

prime vendor shall submit a manual invoice (product price only) to the Contracting Officer

Representative along with the associated tally sheet, manufacturer invoice, and receipt record for

signature prior to forwarding to the Contracting Officer for approval and payment.

i. OPERATIONAL RATIONS:

a. Unitized Group Rations

(UGR’s) are used to sustain military personnel during

worldwide operations. The UGR is designed to maximize the use of commercial items and to

simplify the process of providing high quality food service in a field environment. All

components for a complete meal are included in the UGR, with the exception of mandatory

supplements, such as milk. Each UGR meal module also contains all required disposable items

(cups, compartment trays, and utensils). This ration is available in three options, with each

sharing a core of quick prepared and/or ready to use commercial products:

b. UGR Heat and Serve (UGR-H&S),

which is characterized by tray pack

entrees and starches/desserts. The unit of issue for the UGR H&S group feeding rations consists

of 3 shipping cases under a single NSN (each of the 7 UGR H&S Breakfast rations and 14 Dinner

rations has its own unique NSN, i.e. 21 NSNs).

c. UGR-A

, which includes perishable frozen entrees (A-Rations). Each

complete UGR-A ration consists of 3 shipping cases: 2 cases represent the semi perishable

module and 1 case is the perishable (frozen) module. The semi perishable modules are

ordered/shipped under a single LSN (i.e., the two cases, Box 1 and Box 2, must be delivered

together), and the perishable module is shipped under a separate, second LSN. There are

currently 7 Breakfast and 14 Dinner rations, for a total of 42 LSNs).

There are currently 7 breakfast and 14 lunch/dinner menus available for both the H&S and A-

Options. There is no minimum ordering quantity required (i.e. orders for single modules are

accepted). The UGR-H&S option is unitized into 3 boxes, which places 2 rations on one tier of a

pallet, and one pallet (4 tiers) provides 8 rations. For the UGR-A, the semi perishable pallet is

comprised of 3 ration modules per tier, and 12 ration modules per pallet. The perishable pallets

contain varied numbers of ration modules per pallet, as the shipping case size varies per menu.

SPM300-08-R-0061 Page 51 of 257

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SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

D. Government Furnished Material (GFM) (continued)

d. UGR-E, is a compact, self-contained module that provides a complete hot

meal. The components are thermally processed, pre-prepared, shelf-stable foods, and currently

packaged in hermetically sealed, half-size steam table containers. There are currently 6

lunch/dinner menus. The module consists of one box, 20 x 16 x 10 ¼. One pallet contains 18

boxes. Six boxes fit on one tier or a 40 x 48 inch pallet. There are three tiers per pallet. Each

box weighs approximately 45 pounds. The module comes complete with all food items and

disposable items (cups, compartment trays, napkins, utensils, and trash bags). Standard items that

are included in all modules are coffee, creamer, hot sauce, gloves, box cutter, hand cleaner

(towelette), dinner trays, dining packets, trash bags, and heater module.

ii. Individual Feeding Rations

– are semi perishable rations that require temperature

controlled storage. The unit of issue is a single shipping case.

a. Meal, Ready-to-Eat (MRE)

8970-00-149-1094

b. Long Range Patrol Ration

(LRP) 8970-01-467-1749

c. Meal, Cold Weather

(MCW) 8970-01-467-1753

d. Humanitarian Daily Ration

(HDR) 8970-01-375-0516

For more information regarding these rations, please go to www.dscp.dla.mil/subs/rations.htm

Estimated GFM distribution quantities for each zone are identified on the schedule of item

attachments, categories 179 to 189

Estimated GFM storage, open case inspection, labeling and disposal requirements for the base (2

year) period are identified as follows:

GFM Description Unit of

Measure

Zone 1 Zone 2

Storage UGR H&S Group Ration CS 10,606 4,684

Storage UGR-A Semi-Perishable (2 CS per UOM) CS 65,089 52,325

Storage UGR-A Perishable Group Rations CS 74,667 45,098

Storage Individual Feeding Rations CS 425,703 211,003

Storage UGR-E CS 569 45

Storage Strike Force CS 5,000 3,000

Storage MARC Meals CS 23,879 1,571

Storage Heater Cans CS 2,000 1,000

Storage Heater Meals CS 1,000 500

Storage Health & Comfort Packs CS 8,419 367

Storage Other CS 500 400

Open Case Inspection CS 3,485 1,220

Open Case Re-Work CS 3,485 1,220

Labeling/Re-Labeling CS 3,485 1,220

Disposal CS 9,254 3,660

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SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

E. Inventory & Warehouse Management

The Prime Vendor will be required to perform inventory and warehouse management functions

and to position a full line of food and beverage, non-food items, and GFM items into their

warehouse(s). The Prime Vendor has responsibility for all inventory management. In regard to

GFM, the prime vendor shall recommend the time to reorder and the respective replenishing

amounts to the Theater Food Advisor and the Contracting Officer for Government ordering or

approval for prime vendor ordering if the product is designated by the Contracting Officer to be

converted to GFM upon receipt. The Government will not reimburse the Prime Vendor for

expired or excess inventory during the life of the contract or after the contract has expired.

Exceptions to this rule must be incorporated into the contract via contract modification.

The Prime Vendor will be required to maintain a minimum of 30 days of supply at all times at

their OCONUS warehouse location(s). The vendor will be responsible for developing his own

average monthly demands (AMD) and determining stocking needs accordingly. The Prime

Vendor is responsible for arranging ocean transportation through the Defense Distribution Center

(DDC), New Cumberland and loading sea vans at its Continental United States (CONUS)

facilities.

The Prime Vendor must provide all of the necessary trucking assets, material handling equipment

and labor to unload deliveries into the warehouse(s) and to move product per purchase orders

received to the final delivery point(s).

F. Iraq Vehicle Transportation

The estimated base period (two year) requirement for vehicle deliveries into Iraq follows:

Vehicle Type Unit of Measure Kuwait

to Iraq

Turkey

to Iraq

Jordan

to Iraq

Refrigerated FEU Per vehicle, purchase order, & entry into

convoy

50,600 7,500 9,400

Dry FEU Per vehicle, purchase order, & entry into

convoy

4,440 750 940

Extra Bobtail Per vehicle, purchase order, & entry into

convoy

730 150 365

The average lead time for vehicles returning from Iraq is 15 days.

All bobtails, flatbeds, shipment containers, reefers, non-tactical vehicles, etc., that are destined for

delivery or used in Iraq must be closely monitored via a Global Positioning System (GPS) and

tagged with GPS Devices.

The prime vendor bears all risk and responsibility for personal injury or death of its employees or

agents or subcontractor employees or agents or for any damage to, loss of or demurrage of

equipment during the transportation of product into Iraq.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

G. Iraq Command, Control, and Support Programs

The Prime Vendor will be required to: provide customer service within the SPV program;

maintain regular communications with all concerned parties to ensure information flows to the

right people in a timely manner; facilitate placement of contractor vehicles within the military

convoy system; maintain organization and discipline of drivers; promote smooth throughput of

contractor vehicles; minimize round-trip transit times; adhere to driver safety and security

policies of the base and surrounding area; provide 24x7 on-site points of contact for transport

operations; expedite response to breakdowns and incidents; and facilitate rapid recovery of assets

and personnel. As a minimum, the below command and control programs must be established for

Iraq support. All program participants are required to speak English and must have the authority

to make binding decisions on behalf of the PV on any concern, which may occur. The precise

number of program participants must be coordinated with and approved by the Contracting

Officer. The name of the representative(s) and their telephone number, e-mail address, or any

other method of communicating shall be furnished within 90 days after award.

i. Iraq Transportation Officer (TO) Program

. For Zone I, eighty (80) to one

hundred (100) TOs must be assigned to the TO program. For Zone II, sixteen

(16) to twenty (20) TOs must be assigned to the TO program. The TOs shall be

rotated as necessary to reside at the key Iraq transit points or “Hub” base camps

and operate on a 24 hour, 7 days per week schedule to maintain the required level

of support to establish command and control of prime vendor assets and drivers

at and around the Hub locations.

ii. Iraq Squad Leader (SL) Program

. For Zone I, one hundred and sixty (160) to

two hundred (200) SLs must be assigned to the SL program. For Zone II, thirty

(30) to thirty-seven (37) SLs must be assigned to the SL program. SLs shall be

assigned each day to travel with convoys departing from the prime vendor’s

facility to provide command and control over prime vendor assets and drivers

while in transit; from the prime vendor warehouse, hub-to-hub, to the operating

facility or forward operating base, and back to the prime vendor warehouse.

iii. Iraq Customer Service Representative (CSR) Program

CSRs must be assigned to Iraq to maintain continuous contact with the Iraq

customers and attend scheduled management meetings.

The Government estimates that, as a minimum, 2 CSRs will be assigned to reside

on a military base in Northern Iraq – Zone 1 and 1 CSR will be assigned to reside

on a military base in West-Central Iraq – Zone 2. Based on the conditions on the

ground, this requirement may increase or decrease.

The prime vendor shall treat the Government as one of their best customers;

therefore, any treatment and/or customer service policy given to other accounts

shall also be given to the customers covered under this contract.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

H. Office Space & Equipment for Government Employees

i. Contracting Officer Representatives (CORs) & Customer Liaison Officers (LNOs)

For zone 1, it is estimated that one (1) to four (4) persons, as a minimum, will be stationed at the

Prime Vendor’s main distribution facility during office hours. For zone 2, it is estimated that one

(1) to two (2) persons, as a minimum, will be stationed at the Prime Vendor’s main distribution

facility during office hours. The Zone 1 Prime Vendor is required to provide two secure offices

and the Zone 2 Prime Vendor is required to provide one secure office. Each office

(approximately 150 square feet) must have a self-closing, tight-fitting door, capable of being

locked. The offices must be within or adjacent to the Contractor’s facility. For zone 1, other

requirements include (at a minimum): four office workstations and four chairs, two two-door

cabinets, two filing cabinets, two small refrigerators, 2 laser jet printers, 1paper shredder, low

volume simple office shredder, 1 business quality document scanner, 1 copy machine, electricity,

temperature control, as well as normal housekeeping services, use of the rest rooms, and four

parking spaces. For zone 2, other requirements include (at a minimum): two office workstations

and two chairs, one two-door cabinet, one filing cabinet, one small refrigerator, 1 laser jet printer,

1 paper shredder, low volume simple office shredder, 1business quality document scanner, 1 copy

machine, electricity, temperature control, as well as normal housekeeping services, use of the rest

rooms, and two parking spaces.

As directed by the Contracting Officer, the prime vendor may be required to provide cell phones

and/or non-tactical vehicles for COR or LNO usage if such requirements can not be fulfilled via

normal Government channels. Distribution pricing will be negotiated at that time.

ii. Office Space and Equipment for Army Veterinary Inspectors (AVIs) (Zone 1 only, unless

otherwise directed by the Contracting Officer)

The primary mission for AVIs is inspection, extension, or condemnation of Operational Rations

and Government Furnished Material. Additionally, AVIs inspect and recommend rejection,

extension or condemnation of prime vendor owned product as requested by the prime vendor,

deemed necessary by the Theater Food Advisor and approved by the Contracting Officer or

Contracting Officer Representative. For Zone 1, it is estimated that six to ten AVIs, as a

minimum, will be stationed at the Prime Vendor’s main distribution facility during office hours.

Estimated office and equipment requirements follow:

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

H. Office Space & Equipment for Government Employees (continued)

Secure Office & Work area (approx. 135 sq

meters) capable of being locked

2 Laser Jet Printers, Black and White

3 Computers with monitors. (minimum

requirement: Microsoft office, Acrobat

Professional (read/write), Form Flow,

Explorer, Battery back-up, internet access, and

IT support.

8-12” wide wall lockers with locks for personal

item storage

Paper Shredder, low volume simple office

shredder

6 desks w/drawers and chairs or equivalent

1 Large Filing Cabinet 2 Couches, coffee table for break room

1 Microwave Oven Large 1 Refrigerator Large

1 Copy Machine Commercial stand up chill box for frozen

sample thawing/slacking

Commercial oven/stove with vented hood, 4

heating elements minimum

Floor Scale, tip, lbs 1-100, graduated or

equivalent

Tabletop scale, digital (gram and oz) 2 parking spaces

4 sets, Freezer Coat/pants (for working in

freezers)

4 Cutting Boards, commercial quality

18”x24”x3/4”

Business quality document scanner 2 butcher knives

2 boning knives 2 Spoons, plain bowl, basting

Stone, sharpening 2 Spatula, Stainless Steel

2 Metal Tongs, commercial 12” minimum 2 Pans, Cooking (18” and 12”)

3 Pots, Cooking Round (14qt, 8qt, and 4qt) 2 Pans, Baking Sheet (7330-00-633-8905)

1 Can Opener, Mounted (7330-00-205-3151) Ruler, Machinist’s Steel Rule; graduated to

1/8”, 1/16”, 1/32”, and 1/64”, 12” long, 5220-

00-234-5224

1 Drill, ¼”. Cordless (Model 7078/1898 or

equivalent) needed for internal temperature of

frozen product

Metal Sieve with Catch Pan (USA Testing

Sieve, A.S.T.M. -9450 E-11, Spec sizes No. 8

& 20 (for sifting products when looking for

insects or spec req

3 Gauge, compound pressure, vacuum, dial

(6685-00-806-9300)

6 Small Trash receptacles for office

Miscellaneous Kitchen utensils, plates, cups,

cleaning supplies

2 Large Trash Cans for food inspection area

Temperature control, as well as normal

housekeeping services

Use of the rest rooms

SPM300-08-R-0061 Page 56 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

Work to be Performed (continued)

I. Backhauling Government Furnished Material – Iraq only

As directed by the Contracting Officer or Contracting Officer Representative, the prime vendor

shall backhaul or redistribute bottled water using prime vendor vehicles which return empty from

making deliveries into Iraq from Government owned and controlled water manufacturing plants.

The prime vendor may also be directed by the Contracting Officer or Contracting Officer

Representative to backhaul or redistribute other government owned class 1 products as required.

The backhaul destinations must be located within Iraq and along the route back to the prime

vendor’s distribution facility. Estimated backhauling/redistribution quantities are identified as

follows:

Description Unit of Measure Zone 1 Qty

per month

Zone 2 Qty

per month

Per Dry FEU Truck or Flatbed Per Trip 20 4

Per Refrigerated FEU Truck Per Trip 100 18

J. Airlifts

The prime vendor will be required to execute airlifts to meet requirements that cannot be fulfilled

by traditional means (trucks) due to time constraints. There are air tenders in place through

TRANSCOM. Additionally, the prime vendor must have a working arrangement in place with a

commercial air source that can be ready to deliver on a moment’s notice to different regions of

the area. The use of military air may also be an option available to the prime vendor.

Some examples of occasions where PV’s will be required to use airlifts are but not limited to:

1. Road closures.

2. Contingencies in the AOR.

3. Military exercises.

4. Unforeseen changes in troop personnel at bases.

5. Addition of new customers/requirements that will need support before the traditional 60-

90 day lead-time needed to source product from the United States.

6. Lack of military or private security (potential) escorts for convoy missions.

The vendor will have to demonstrate new and creative ways to meet customer requirements, and

the ability to airlift is one of those avenues.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

J. Airlifts (continued)

The prime vendor must coordinate with DSCP designated personnel for the delivery time and

destination. The prime vendor will be responsible for all commercial airlift, pallet, and ice

requirements to include loading. Pallet tri-walls must be constructed from the appropriate level

of cardboard to withstand the normal requirements of the journey. Frozen and chill pallet tri-

walls must be lined with suitable insulating materials and either wet ice or dry ice will be added

as needed to maintain the products for the expected journey timeframes. Once product is tri-

walled and dispatched, the order cannot be cancelled and is treated as filled. Once product is

received and accepted by the customer, the prime vendor shall not be responsible for the

deterioration of goods that are in transit by the customer to a final destination.

Estimated base year (2 year) requirements for commercial airlifts, pallets, and ice follow:

Description Unit of Measure Zone 1 Qty Zone 2 Qty

Aircraft–Product Weight LB 10,337,752 2,584,438

Dry Pallet Tri-wall EA 60 16

Dry Pallet Non-tri-wall EA 2,716 680

Chilled Pallet Tri-wall EA 2,820 704

Frozen Pallet Tri-wall EA 5,116 1,280

Wet-Ice KG 40 10

Dry-Ice KG 256,320 64,080

The course of action for executing an airlift is defined below and may be subject to change:

1. Emergency requirement received from customer (usually through e-mail).

2. Prime Vendor responds within 12 hours on availability to meet this requirement.

3. If the prime vendor cannot meet the requirement, it may be passed on to other prime vendors

in the region for possible fulfillment.

4. If the prime vendor is able to fulfill the requirements, he or she will make arrangements to

deliver goods to the customer within 60 hours of product availability request via commercial

air given mil assets or TRANSCOM Tender processes are not available or preferred by the

customer. The Contracting Officer or Contracting Officer Representative shall be the point

of contact for this determination.

5. The Prime Vendor will be required to submit load characteristics to the Contracting Officer

or Contracting Officer Representative to include but not limited to the number of tri walls

(frozen, chill and dry), air pallets, pieces, weight and cube.

6. If neither TRANSCOM Tender nor Military air lift is utilized, the PV will need to coordinate

all necessary landing permissions, offloading and drayage (including outside the wire

deliveries – no mil escort) with the customer requiring delivery. Advance confirmation

should be made as to responsibility for offloading. In some regions, the customer will offload.

In other areas the air carrier will be required to perform offloading. Prime Vendor will e-mail

all concerned parties of confirmation of receipt of goods.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

II. Work to be Performed (continued)

J. Airlifts (continued)

Airlift orders must be approved by the Contracting Officer, Contracting Officer Representative, or

DSCP PV Program Manager. Airlift approvals are contingent upon CENTCOM’s Air Mobility

Division approving requests. Exceptions may apply to this process.

On occasion, airlift requests will be weeks/months in advance of a required delivery date (RDD) (i.e.

in support of special holiday requirements or additions of new customers) and the timeline will be

agreed upon.

K. Overland Transport of Product in support of Aerial Ports of Debarkation and Sea Ports of

Debarkation (APOD/SPOD) and Port to Port shipments

As directed by the Contracting Officer, the prime vendor will be required to transport product to

or from the APOD and SPOD locations closest to the prime vendor warehouse locations in

support of US government sponsored air shipments or port to port movements. Transports must

be requested via e-mail or other written correspondence by the Contracting Officer or Contracting

Officer Representative. As a minimum, the prime vendor would be required to perform the

following tasks:

i. Coordinate with DSCP designated personnel for the specific mission requirements,

transport time, location, and destination.

ii. Organize and deploy warehousing, transportation, and personnel assets to the

respective sites to fulfill or receive shipments.

iii. Provide transport of pallets, dunnage of air pallets, tarping and strapping of goods.

iv. Protect goods from moisture, contamination and any other damage.

v. In case of delayed or cancelled flights, restock, re-ice, and repack supplies.

The estimated requirements for overland transport (APOD/SPOD and Port to Port) are as follows:

Description Unit of Measure Zone 1 Qty

per Month

Zone 2 Qty

per Month

Per Dry FEU Truck or Flatbed Per Round Trip Delivery 10 5

Per Refrigerated FEU Truck Per Round trip Delivery 40 20

L. Overland Transport of Product Between Kuwait and Jordan

As directed by the Contracting Officer, the prime vendor may be required to divert product

between Kuwait and Jordan. Diversions can only be authorized via e-mail or other written

correspondence by the Contracting Officer or Contracting Officer Representative and may not be

used to rectify a situation created by lack of planning on the PV’s part.

The estimated requirement for overland diversions between Kuwait and Jordan are as follows:

Description Unit of Measure Qty per

Month

Per Dry FEU Truck or Flatbed Per Round Trip Delivery 5

Per Refrigerated FEU Truck Per Round trip Delivery 20

SPM300-08-R-0061 Page 59 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

Work to be Performed (continued)

M. Prime Vendor Product Transfers

DSCP Prime Vendors will be permitted to transfer product between one another based on their own

agreements. However, the receiving prime vendor must catalog the item(s) at the actual unit price

as defined in this solicitation which is equal to product price plus the receiving prime vendor’s

distribution price. If the receiving prime vendor paid the selling prime vendor more than the product

price, the difference between the product price and the selling prime vendors price may be

separately billed to the Government via a manual invoice. The manual invoice must be submitted to

the Contracting Officer along with the supporting documentation, including but not limited to the

manufacturer invoice and a letter of agreement between the two prime vendors. The Contracting

Officer will determine price reasonableness on the additional expense and the Contracting Officer’s

decision shall be final.

III. FULL FOOD SERVICE MANAGEMENT AND FOOD PREPARATION

A. The Prime Vendor in addition to providing Subsistence items, may be required

to provide the

full food service management, personnel, supervision of the dining facilities (also known as Mess

Halls and Galleys) to include Brigs/Military Prisons, attendant (custodial) services and food

preparation services. The Prime Vendor’s management functions shall include at a minimum

planning, organizing, directing and coordinating various aspects of a large institutional style food

service establishment. The Prime Vendor shall staff each dining facility with a manager,

subsistence clerk to process food orders via the Government’s food service ordering systems,

attendant supervisor and food service employees. The Prime Vendor must ensure that all food

employees are fully knowledgeable on food service tasks and receive food safety and Hazard

Analysis and Critical Control Point (HACCP) training.

B. The Government may provide food service personnel such as but not limited to active duty

military cooks to perform food preparation functions at some of the dining facilities. The

Government food service personnel will not work directly for nor be supervised by the Prime

Vendor.

C. The Prime Vendor will continuously prepare food items at selective interval during the entire

meal period as the food is consumed (i.e. continuous preparation of vegetables, cook to order

hamburgers, steaks, fried eggs, pancakes and cold sandwiches, etc). This procedure ensures fresh,

high quality cooked food to customers on a continuous basis. The objective is to match the flow

of patrons through the serving line so that freshly prepared and high quality food is always

provided. The Prime Vendor will also be required to follow the Master Menu document. The

Master Menu document provides the daily breakfast, lunch, dinner, breakfast brunch and dinner

brunch menu for each calendar day of the month, to include menu variations and daily menu for

fast food/carry out.

D. The Master Menu specifies menu choices (except leftovers), including individual breads, salads,

desserts, soups, self-serve items, specialty bars (salad, taco, deli, pasta, potato and etc) and

condiments to be served during each meal. The Prime Vendor may be required to attend Menu

Planning Board meetings.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

III. Full Food Service Management & Food Preparation (continued)

E. The Government will not assess or evaluate the Offerors abilities to provide full food service

management and food preparation services at time of award. If the Prime Vendor is required to

provide food service management, then the Prime Vendor will be required to provide a detailed

plan outlining at a minimum the Contractor’s ability to manage and perform food preparation

functions including staffing the dining facilities. The Prime Vendor will also be required to

provide a pricing plan to provide full line food service management and the cost per single meal

(i.e. cost to serve breakfast meal, etc). The Prime Vendor will be provided the specific

requirements for each branch of the Military Services dining facilities.

F. The Offeror [ ] Does, [ ] Does Not, have the capabilities to provide the full food service

management and food preparation services.

IV. FOOD SERVICE OPERATING SUPLIES (FSOS)

Definition: consumable or disposable products associated with the preparation of serving food.

This includes but is not limited to plastic, foam, paper goods and cleaning supplies. The Prime

Vendor may be required to add FSOS items to their catalog. Distribution prices will be

negotiated and evaluated at that time.

V. PRIVATE SECURITY

The Prime Vendor is currently prohibited from using private security within Iraq. However, if

private security is allowed in the future, and the government determines that the Prime Vendor

may use private security, the vendor will be given notice of the requirement and the vendor’s

proposal for private security would be negotiated and evaluated at that time.

VI. TRANSPORTATION

A. As the Government reserves the right to use the system that provides the best services

to our customers (readiness included as a factor) the following applies:

1. The Prime Vendor will be required to ship the products from the United States within the

United States Defense Transportation System (DTS). Offerors will use established

Government rates under the Universal Services Contract (USC) with the United States

Transportation Command (USTRANSCOM). The Contractor will contact the Defense

Distribution Center, New Cumberland (DDC) Transportation Planning, via Distribution

Planning and Management System “DPMS” web site and request bookings. The

Transportation Planning team will book or provide authorization/instruction to the

contractor in order to book the required sea vans using Integrated Booking System (IBS)

or Direct booking with the authorized carrier. The carrier will be responsible for the

transportation of the Contractor’s products from its CONUS distribution facility to its

OCONUS distribution facilities in Kuwait and Jordan. This transportation method is

known as “Point to Point” delivery.

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SOW - Supplies/Services and Prices (continued)

VI. Transportation (continued)

2. The DDC Representative, in coordination with the Prime Vendor representative, will

ensure the necessary arrangements for ocean transportation, bookings and freight

forwarding to the Prime Vendor’s OCONUS facility, unless otherwise specified in the

contract.

3. Shipping Instructions for the Prime Vendor will be available via a web site. The site will

be provided to the Prime Vendor upon award. The Prime Vendor will be required to

generate the Transportation and Control Movement Document (TCMD), commercial

invoice, commercial packing list and Consulate letter that will be used to identify that the

products being shipped by the Contractor are for "U.S. Armed Forces".

4. For all shipments to OCONUS Distribution Facility(S), all product is required to be

palletized in full vanload quantities. Full vans of product are required for delivery to one

individual OCONUS Distribution Facility(s).

5. When a carrier is utilized pursuant to the USC, the applicable Government designated

Ocean carrier will provide sea vans and transport them to the Prime Vendor’s CONUS

distribution facility. The Prime Vendor will load the vans at their distribution facility in

accordance with the terms outlined in Section entitled, “Packaging/Packing”. The

Government designated Ocean carrier will then pick up the loaded vans and transport

them to the applicable Port for subsequent shipment through the DTS. Upon arrival at the

OCONUS Port(s), the freight forwarded shipment will be transported to the Prime

Vendor’s OCONUS Distribution Facility(s). by a USTRANSCOM carrier.

6. In order to enforce this requirement, the Prime Vendor shall assign a customer

representative to the contract, who will be solely responsible to over see this process.

7. Prime Vendor responsibility under the DTS transportation method: the Prime Vendor

will be responsible for pre-cooling (where appropriate), properly loading and contacting

the ocean carrier for drayage of the loaded container to the embarkation port. The Prime

Vendor will be responsible for making a visual inspection of the container to ascertain

that it is intact and that equipment appears to be operable. The Prime Vendor will be

responsible for any detention charges and arranging the return of empty containers to the

Government designated ocean carrier, but will not be responsible for return drayage. If

the U.S. facility the Prime Vendor distributes product from is more than 500 miles from

the CONUS port, the Government will provide drayage to the port if there are no carrier

rates in the current USC Contract to cover that portion of the drayage. These moves will

need to be carefully coordinated with the DDC in order to avoid additional charges

caused by unavailability of product. If such charges are incurred, it will be the

responsibility of the Prime Vendor to cover such charges and not the Government.

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VI. Transportation (continued)

8. DSCP has been advised by USTRANSCOM that the average “Point to Point” delivery

time to Kuwait and Jordan averages forty-nine (49) days. However, delays may occur

and the Contractor will be responsible for maintaining sufficient stock levels in its

OCONUS facility(s) to cover any such delays in transport. Any resultant claims for cost

lie against the USTRANSCOM contract carrier. The Government has no Liability for late

delivery or damage to goods in transit. The terms and conditions of the USTRANSCOM

contract with the designated carrier govern carrier liability for any loss or damage to

products during “Point to Point” transportation, and the contractor is solely responsible

for developing and presenting any claims for delay, loss, or damage to the

USTRANSCOM designated carrier, which is solely responsible for any liability. The

contractor is cautioned that in some instances the USTRANSCOM contract carrier may

have limited or no liability under the terms of the USTRANSCOM contract (see B.

Insurance/Liability and Claims, below).

9. Palletization requirements for all Overseas Shipments:

All Wood Packaging Material (WPM) acquired by DOD must meet requirements

of International Standards for Phytosanitary Measures (ISPM) 15, “Guidelines for

Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and

outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo,

or when wood is being acquired by DLA for future use as packaging material. WPM is

defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage,

crates, frame and cleats.

Note: Failure to comply with these requirements may result in frustrated

cargo and rejection at the point of entry.

DLAD clause 52.247-9012 “Requirements for treatment of wood

packaging material (WPM). (FEB 2007) is hereby incorporated into the

contract.

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VI. Transportation (continued)

B. INSURANCE, LIABILITY, AND CLAIMS

DSCP will be identified as an authorized ordering office, through the Defense Distribution Center

(DDC), for the Universal Services Contract (USC), a contract awarded by the United States

Transportation Command (USTRANSCOM). The Prime Vendor will transmit its transportation

requirements to DSCP, which will arrange government-funded transportation through orders against the

USC. The Prime Vendor's products will be shipped through the Defense Transportation System (DTS)

via commercial carriers receiving USC awards. Although these carriers are responsible for any loss or

damage to the products they transport, such responsibility or liability is limited by the terms of the

Universal Services Contract, as well as, maritime law, customs, and practices, e.g., Carriage of Goods by

Sea (COGSA) limitations 46 U.S. App. § 1300 et. seq.

; Force Majeure; Carmack Amendment 49 USC §

14706; etc. The current USTRANSCOM carrier contract can be viewed at

http://www.sddc.army.mil/Public/Doing%20Business%20with%20SDDC/Contracts?summary=fullconten

During the implementation period as defined in the solicitation, the Prime Vendor contractor shall

enter into an agreement with the USC carriers handling routes within the Prime Vendor’s geographical

responsibility to develop a claims process involving the Prime Vendor contractor and the USC

contractor(s). The purpose of such an agreement is to establish a working relationship with the USC

contractor(s) in order to facilitate the transportation of product and to establish points of contact in order

to resolve any issues that may arise during the performance of this contract. Such an agreement shall

address issues such as claims resolution for losses and damage to Prime Vendor cargo and the handling of

detention charges. The Prime Vendor shall pay the USC carriers directly for any detention charges

incurred by the Prime Vendor. The Prime Vendor contractor shall provide the DSCP Contracting Officer

with a copy of such agreement, as well as, any contact information that it receives from the USC

contractor(s). The Prime Vendor shall update this information as necessary and provide the Contracting

Officer with any changes made to such agreement.

The Government is not responsible or liable for any loss or damage to the Prime Vendor's

products shipped through the DTS. Any such losses or problems can be mitigated by establishing a good

working relationship with the carriers, being familiar with the terms and conditions of the

USTRANSCOM contract, and obtaining maritime insurance for the products shipped. Any discrepancy

reports, notice of claims or claims for such loss or damage, as well as, any other communications

regarding such loss or damage. shall be submitted by the Prime Vendor directly to the carrier for

resolution, not to DSCP or USTRANSCOM

. The Prime Vendor shall copy the DSCP Contracting

Officer with any such claims, notice, or reports. At the request of the Prime Vendor, the DSCP

Contracting Officer may facilitate the resolution of the claim, but all communications regarding the claim

shall be between the Prime Vendor and the carrier and not through DSCP or USTRANSCOM. This

procedure is not subject to change or modification, except by the DSCP Contracting Officer. If the Prime

Vendor is unable to communicate directly with the carrier for any reason, it should promptly so advise the

DSCP Contracting Officer.

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SOW - Supplies/Services and Prices (continued)

VI. Transportation (continued)

C. CUSTOMS:

USTRANSCOM will be responsible for all customs clearance from the point of debarkation

through to the Prime Vendor’s OCONUS facility (s.) Therefore, the Prime Vendor is only

responsible for customs clearance from his OCONUS facility (s) to the final delivery points.

D. PRIME VENDOR RESPONSIBILITIES

1. The Prime Vendor will be responsible for all documentation and required paperwork, as

well as packaging/packing and marking of products as originally stated in the solicitation.

2. The Prime Vendor will be responsible for making a visual inspection of the container to

ascertain that it is intact and that all equipment appears to be operable.

3. All freeze and chill trucks will use temperature recording devices, readings of which will

be made available upon request.

4. Additionally, the Prime Vendor will be responsible for the pre-cooling vans, when

appropriate, and loading vans.

E. GOVERNMENT RESPONIBILITIES

1. USTRANSCOM will be responsible for the contracting of transportation of products

from the Prime Vendor’s CONUS Distribution Warehouse(s) to the Prime Vendor’s

OCONUS warehouse(s).

2. The DDC transportation representative in coordination with the Prime Vendor will be

responsible for making ocean transportation bookings that provide transportation from

the Prime Vendor’s CONUS facility to the door of the PV’s OCONUS facility and setting

up transportation from the OCONUS port to the Prime Vendor’s OCONUS facility.

Unless otherwise specified in the contract, the Prime Vendor or USTRANSCOM

Representative will be responsible for arranging the return of empty containers to the

Ocean Carrier.

VII. STATUS OF FORCES AGREEMENT (SOFA)

Shipments to the solicited zones are subject to whatever country-to-country agreements may exist

between those countries and the United States. Offerors are therefore responsible for

ascertaining, for all countries to which their offers apply, the precise rules & regulations,

limitations, documentation requirements, and restrictions that apply to imports for the use of the

U.S. Forces.

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SOW - Supplies/Services and Prices (continued)

VII. SOFA (continued)

Stationing agreements with non-NATO countries, to the best of DSCP’s knowledge at this time,

contain provisions permitting the importation of subsistence items and other supplies intended for

U. S. Forces, free of duties and taxes. As a result, all products intended for overseas shipments

under this contract must be shipped from the United States in containers separate from any

product shipped for the Prime Vendor’s commercial customers.

Furthermore, SOFA supplements and stationing agreements may provide for specific markings on

the containers. Contractors must identify any such marking requirements and ensure that the

markings are properly applied.

VIII. THEATRE SUPPORT

A. Management:

The contractor shall ensure that all contractor employees, subcontractors, subcontractor’s

employees, invitees and agents comply with all guidance, instructions and general orders

applicable to U.S. Armed Forces issued by the Theater Commander or his/her

representative, as well as, all pertinent Department of the Army and Department of

Defense directives, policies and procedures, as well as federal statutes, judicial

interpretations and international agreements (i.e., Status of Forces Agreements, Host

Nation Support Agreements, etc.) applicable to U.S. Armed Forces. This will include

any and all guidance and instructions issued based upon the need to ensure mission

accomplishment, force protection and safety. Disputes are to be resolved by the

Contracting Officer. Notwithstanding the above, the Contracting Officer is the only

authorized official who may increase, decrease or alter the scope of work to be

performed, and any orders or instructions interpreted by the contractor as impacting the

scope or cost of the contract shall immediately be brought to the attention of the

Contracting Officer for resolution.

The contractor shall take reasonable steps to ensure the good conduct of its employees

and shall at all times be responsible for the conduct of its employees and those of its

subcontractors and invitees.

The contractor shall promptly resolve, to the satisfaction of the contracting officer, all

contractor employee performance and conduct problems identified by the contracting

officer or his/her designated representative.

The contracting officer may direct the contractor, at the contractor’s expense, to remove

or replace any contractor employee failing to adhere to instructions and general orders

issued by the Theater Commander or his/her designated representative. The contractor

will replace such employee within 72 hours or as instructed by the Contracting Officer.

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SOW - Supplies/Services and Prices (continued)

VIII. Theater Support (continued)

B. Risk Assessment and Mitigation:

The contractor will brief its employees regarding the potential danger, stress, physical

hardships and field living conditions of performing under this contract.

The contractor will conduct physical and medical evaluations of all its employees at their

own expense to ensure that they are capable of enduring the rigors of performance under

this contract. The contractor will designate a point of contact for all of its plans and

operations. The contractor will prepare plans for support as required by contract or as

directed by the Contracting Officer.

For the purpose of issuing ID badges, and for access purposes, the contractor will provide

a list of suitable or qualified subcontractors including local vendors in an area of

operations.

C. Vehicle and Equipment Operation:

The contractor shall ensure that employees possess the required civilian licenses to

operate the equipment necessary to perform the contract in the theater of operations in

accordance with the statement of work.

The contractor and its employees may be held jointly and separately liable for all

damages resulting from the unsafe or negligent operation of equipment.

D. Container Management:

The contractor shall be responsible for managing the flow of containers from the port

through the warehouse and into the theater. Planned and unplanned delays such as

supply route blackouts, local holidays and border closures must be considered in the

schedule for container movement. Best efforts must be made to eliminate detention

charges and reduce port storage fees on reefers while ensuring containers carrying “Not-

in-Stock (NIS)” items are pulled first, followed by special meal containers. The

contractor must avoid overstocking its warehouse when pulling containers from the port.

E. Security Measures/Force Protection:

The DSCP Subsistence Directorate provides worldwide subsistence logistics support

during peacetime as well as during regional conflicts, contingency operations, national

emergencies and natural disasters. At any time, the United States Government, its

personnel, resources and interests may be the target of enemy aggression to include

espionage, sabotage or terrorism. This increased risk requires DSCP to take steps and

insure steps are taken to prevent the deliberate tampering and contamination of

subsistence items.

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SOW - Supplies/Services and Prices (continued)

VIII. Theater Support (continued)

As the holder of a contract with the Department of Defense, the awardee should be aware

of the vital role they play in supporting our customers. It is incumbent upon the awardee

to take actions to secure product delivered to all military customers as well as any

applicable commercial destinations. We strongly recommend all firms to review their

security plans relating to plant security and security of product in light of the heightened

threat of terrorism and secure product from adulteration.

The Offeror will insure that all products and/or packaging have not been tampered or

contaminated throughout the manufacturing, storage and delivery process. The Offeror

will immediately inform DSCP Subsistence of any attempt or suspected attempt by any

party or parties, known or unknown, to tampering with or contaminate subsistence

supplies.

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 their facilities and consider whether fencing

and locking devices are adequate. Never leave open trucks unattended, and use bolt-seals

when possible to designate loaded trailers. Security seals shall be properly placed on all

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 must be reported immediately.

When split/consolidated deliveries are authorized, the refrigerated units are required to be

sealed after each delivery point. The prime vendor shall be responsible for providing the

seals. The military liaison or designated representative at the drop-off point shall be

responsible for re-sealing the reefer with the new seal and annotating the number on the

delivery ticket. Under no conditions will drivers re-seal reefers or complete the

associated paperwork. Split/consolidated deliveries made in conditions other than those

cited above are subject to be rejected by the customer.

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SOW - Supplies/Services and Prices (continued)

VIII. Theater Support (continued)

E. Passports, Visas and Customs Clearance:

At the contractor employee’s and/or contractor’s expense, the contractor employees shall

obtain all passports, visas, badges or other documents necessary to enter and/or exit any

area(s) identified by the contracting officer. Contractor personnel, as identified by the

Contracting Officer or Contracting Officer Representative, are authorized to receive

Common Access Cards (CACs) and/or other Base Access Badges, which shall be issued

by U.S. Government Authorities at the nearest available facility to the work location of

the contractor.

The prime vendor shall communicate directly with the customer to obtain access

requirements. A plan of action for adherence to access requirements must be submitted

to the Contracting Officer within 30 days of contract award. The plan of action shall

include the contractors understanding of the access requirements per the U.S. Military

and the Kuwaiti, Jordanian, and/or Turkish Governments and how long it will take to

meet the requirements.

All contractor employees shall be subject to the customs processing procedures, laws,

agreements and duties of the country to which they are deploying.

F. Tour of Duty / Hours of Work:

The contractor shall comply with all duty hours and tours of duty identified by the

contracting officer or his/her designated representative. The contracting officer, or

his/her designated representative, may modify the work schedule to ensure the

government’s ability to continue to execute its mission.

IX. AWARD DETAILS

The Government intends to make two awards, one per zone. The intent is to have two different

contractors, one for each of the separate zones. In order to ensure that two sources are available

and to ensure the continuous availability of reliable sources of supplies, the Government reserves

the right to exclude, under the authority of FAR 6.202, the awardee under one of these zones from

being eligible for award under the other zone. However, Government reserves the right to make

one award for both zones, as necessary to support both zones if it is in the government’s best

interest.

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IX. Award Details (continued)

Any award made against this solicitation will result in an Indefinite Quantity Contract of a base

period of two (2) years and include two (2) available option periods of up to two (2) years each.

The Government also reserves the right to rescind the solicitation and not to make any awards.

Because each zone has separate requirements from the other, the fair opportunity and competition

requirements of FAR 16.505 and DFARS 216.505-70 are not applicable to orders issued against

the contracts resulting from this solicitation.

X. OPTIONS

This solicitation will result in one or two indefinite quantity type contracts that will have two (2)

year base periods and two (2) available option periods that may last up to two (2) years each. It is

mandatory that all offerors must agree to accept each option period, if invoked by the contracting

officer.

Note: Failure to indicate acceptance of the option by annotating the offeror’s option year

percentage change shall be deemed as non-acceptance of the option, and may result in the

rejection of the offeror’s entire proposal.

If invoked, option years become effective the day after the end of the two-year base ordering

period and each succeeding two (2) year option period. Sixty days notice of intent to invoke an

option will be provided to the contractor. The option will be invoked no later than three days

prior to the expiration of the base period or succeeding option period. Acceptance of the options

by the successful Contractor is mandatory - see clause 52.217-9P12, “Option for Indefinite-

Delivery, Indefinite-Quantity Contract Term Extension (Mar 2000) DSCP appearing in the

clauses section of this solicitation.

Prices will be evaluated inclusive of the options; i.e., the totals for all prices for the base period

plus the two option periods will be added together to arrive at the total aggregate dollar value.

This dollar value will be used as the basis for evaluating offers.

In addition to the price evaluation, the Contracting Officer will consider the contractor’s

performance under the contract before exercising an option.

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XI. ESTIMATED VALUE/GUARANTEED MINIMUM/MAXIMUM

A. QUANTITY:

The quantities shown represent the quantities estimated to be ordered over each two year contract

period. These quantities are based on current Government methodologies and are subject to

change, and the Government has no obligation to actually order the estimated amounts nor any

liability if the estimates are either substantially more than or less than the actual amount ordered;

however, the guaranteed minimum in terms of dollars will apply. Quantities shown are overall

and are not broken down by customer.

B. ACQUISITION VALUE:

The estimated dollar value of this solicitation is $9,436,670,759.82

among both zones in the event that the base period and all option periods are invoked. The

maximum dollar value will be $23,563,266,406.20 for each contract, inclusive of option periods.

The guaranteed minimum for each zone will be one percent (1%) of the zone’s estimated dollar

value per contract period.

Zone 1

Estimated Dollar Value Guaranteed Minimum

Base Period $2,617,474,045.14 $26,174,740.45

Option 1 $2,617,474,045.14 $26,174,740.45

Option 2 $2,617,474,045.14 $26,174,740.45

Total $7,852,422,135.42 $78,524,221.35

Zone 2

Estimated Dollar Value Guaranteed Minimum

Base Period $ 528,082,874.80 $ 5,280,828.75

Option 1 $ 528,082,874.80 $ 5,280,828.75

Option 2 $ 528,082,874.80 $ 5,280,828.75

Total $1,584,248,624.40 $15,842,486.25

XII. ADDITIONAL CUSTOMERS

A. Additional DLA authorized customers in Kuwait, Iraq, and Jordan may be added or deleted at no

additional cost to the Government based on a mutually agreed upon implementation plan.

B. During times of contingency/deployment, the contractor will be expected to be able to support an

additional new customer’s orders within 48 hours of notification or receipt of order.

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XIII. PRICING

Pricing will be based on the following formula:

Contract Unit Price = Product price + Distribution Price (Normal and/or Premium)

A. Definitions:

1. Contract Unit Price:

The contract unit price is the total price (in U.S. currency) that is charged to

DSCP per unit for a product delivered to the Government

Note: Multiple Unit Prices for the same item are not permitted.

2. Product Price:

a) The product price will be derived in one of two manners for this solicitation: 1)

through the use of DSCP’s Manufacturers Price Agreements (MPAs); or 2) through the use of

commercial pricing. When a DSCP MPA is available, the MPA price shall be used for the product

price. When a DSCP MPA is not available, the Product Price shall be limited to the original

manufacturer’s or grower’s price for product. The Product Price shall be based on FOB

Origin/Point of Manufacture. In addition, the Product Price shall exclude all costs that are required

to be covered in the normal distribution price, including but not limited to, all transportation, broker

and dealer costs and fees; and it shall exclude all costs that are required to be covered in the

premium distribution price.

b) Upon request, for existing catalog items, for any new items being added to the catalog

and for price redeterminations to existing catalog items, the Product Price shall be supported with

invoice or quote documentation directly from the manufacturer or grower or with Letterhead

respective to the Brand Name or Private Label item as long as the document states the location of

manufacturer or grower and represents the FOB Origin / Point of Manufacturer Price. Early

payment discount terms shall be specified on all invoices and/or quotes.

c) A CONUS-based manufacturer’s pricing which is a national commercial price

inclusive of transportation costs to a Distribution Point shall be supported by documentation and

may be considered by the Government to be the product price on a case by case basis, upon

concurrence of the contracting officer.

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SOW - Supplies/Services and Prices (continued)

XIII. PRICING (continued)

A. Definitions (continued)

3. Normal Distribution Price:

The normal distribution price is defined as a firm fixed price and

offered as a dollar amount, which represents all elements of the unit price, other than

the product

price and premium distribution price. The normal distribution price includes the Prime Vendor’s

projected general and administrative expenses, overhead, profit, packaging/marking/labeling costs,

all Non Point of Manufacturer fees (CONUS and OCONUS Broker, Dealer, Subcontractor and

Fresh Fruit and Vegetable Consolidation Point fees) including, but not limited to procurement,

storage, consolidation, pallets, palletizing and distribution work. It also includes the Contracting

Officer Representative (COR) & Customer Liaison Officer (LNO) office space and equipment, all

transportation costs (unless the item is a Contracting Officer-approved National Commercial Price

inclusive of transportation costs to a Distribution Point) from the original CONUS and OCONUS

Points of Manufacturer to the point where the over ocean container is loaded, all transportation

costs from the Prime Vendor’s OCONUS distribution facility(s) to customer locations in Kuwait

and Jordan and to the border of Iraq, overland trucking (diversions between Kuwait and Jordan,

APOD/SPOD and port to port) and Iraq backhauling and any other elements of pricing not defined

in this solicitation. Additionally, if DTS does not apply as described in paragraph (5) below, the

normal distribution price will include all transportation costs from the original OCONUS Point(s)

of Manufacture to the Prime Vendor’s OCONUS Distribution Facilities. The normal distribution

price shall remain fixed for the base period of the contract, and is subject to any agreed option

period adjustments. The normal distribution price shall exclude DTS Ocean Shipping Costs

referenced below and Premium Distribution Prices separately priced elsewhere in the schedule.

4. Premium Distribution Price:

The premium distribution price is defined as a firm fixed price and

offered as a dollar amount, which represents all elements of pricing related to the following

requirements:

a. Government Furnished Material (GFM) storage, open case inspection, open case re-work,

labeling, re-labeling and disposal (see pages 50-51).

b. Army Veterinary Inspector (AVI) Office Space and Equipment (see pages 54-55).

c. Commercial Airlifts, Pallets, and Ice (see pages 56-58).

d. Iraq Vehicle Transportation (Limited to risk, elevated insurance, in-transit visibility,

recovery, demurrage, and other reasonable and allowable costs that the prime vendor finds

necessary to include that are unique to the expense of operating a vehicle in Iraq (see page

52).

e. Iraq Transportation Officer Program & Iraq Customer Service Representatives

(see page 53).

f. Iraq Squad Leader Program (see page 53).

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SOW - Supplies/Services and Prices (continued)

XIII. PRICING (continued)

A. Definitions (continued)

4. Premium Distribution Price (continued)

This premium distribution price shall remain fixed for the base period of the contract, and is

subject to any agreed option period adjustments. The premium distribution price shall exclude

Normal Distribution Prices separately priced elsewhere in the schedule.

Note: The normal distribution price includes transportation costs to customer locations in Kuwait

and Jordan and to the border of Iraq. The premium distribution price for Iraq Vehicle

Transportation and commercial airlifts shall be exclusive of the transportation amount captured

under the normal distribution price.

5. United States Defense Transportation System (DTS) Ocean Shipping Costs

DTS ocean transportation costs (the cost of shipping the product from the Prime Vendor’s

CONUS facility(s) to the prime vendor’s OCONUS facility(s), aka “Point to Point” delivery via

DTS), shall be excluded from the normal distribution price. The Defense Transportation System is

responsible for point-to-point delivery.

B. Only the product price component of the contract unit price is subject to adjustment under this

acquisition in accordance with the DSCP Manufacturer Pricing Agreement and/or Prospective Price

Redetermination language stated herein. Distribution prices are fixed however DSCP will accept

contractor offered price reductions at any time or price reductions may be applied via a contract

modification to remove a program requirement.

XIV. CATEGORIES OF ITEMS

A. The items to be procured under this contract have been broken down into separate food categories

for purposes of proposing distribution prices. Category /distribution prices are to be offered

based on the unit of measure stated on the below category/distribution list. Offerors must utilize

the categories listed below. No substitutions, deletions, or additions to the categories or units

of measure indicated below are authorized. However, if any offeror feels that a substantial

category has been eliminated, the offeror must bring it to the attention of the Contracting Officer

BEFORE the closing date. A determination will be made at that time whether or not to add the

category via an amendment to the solicitation.

SPM300-08-R-0061 Page 74 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

B. The category/distribution list is designed for distribution pricing to be submitted in the two

methods described below. It is mandatory that all offerors submit distribution pricing using both

methods. Failure to submit the distribution prices using both methods may result in the rejection

of the offeror’s entire proposal. The Government reserves the right to make awards in the best

interest of the Government using either pricing approach.

a. Method 1 Pricing

i. Normal and premium distribution prices will be captured via a total combined

distribution price per unit of measure for item categories 1 through 189, see

below and attachments 1 and 2. Categories 190 through 216 will not be utilized.

ii. Normal and premium distribution prices shall be submitted as a per unit of issue

value, in relation to distribution, in $ value per pound, case or as otherwise

specified for each item on the schedule. This means that prices submitted in unit

of measure on attachments 1 and 2 shall be converted to unit of issue values in

attachments 3, 4 and 5. Attachments 3 thru 5 have been formatted to

automatically capture and convert the values placed in attachments 1 and 2.

iii. All premium distribution prices shall be itemized on attachments 1 and 2.

Premium distribution pricing for AVI office space and equipment is only

applicable to Zone 1.

iv. All GFM items are identified via categories 179 through 189; therefore, storage

and re-work costs may only be assigned categories 179 through 189 on

attachments 1 and 2. All other non-GFM categories must carry a zero

distribution price for GFM storage and re-work. Attachments 1 and 2 have been

formatted to prevent offerors from inserting GFM storage prices in unrelated

categories.

v. Should an itemized requirement no longer exist (i.e., should the government

remove or reduce a premium requirement, should the transportation system be

replaced with private security, should the zones no longer be considered

contingency zones or should the contracts be awarded using method II pricing)

the prime vendor is required to immediately mitigate any costs allocable to the

itemized subjects and the government will adjust the total combined distribution

fees accordingly to reflect the absence of these costs.

vi. If contracts are awarded using Method I distribution pricing, an annual

review/reconciliation will be conducted by the Contracting Officer for each

premium distribution category to determine the difference between the actual

premium distribution price paid via the STORES purchase orders and the rates

based on the proposal submission. If there is a variance greater than or less than

10 %, reconciliation will be required. Failure to agree on an adjusted price based

on the reconciliation shall be subject to the Disputes Clause.

SPM300-08-R-0061 Page 75 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

B(a). Method I Pricing (continued)

vii. If contracts are awarded using Method I distribution pricing, the government

reserves the right to establish a separate method of billing for the premium

distribution prices. The product price plus the normal distribution price per item

will be captured in the prime vendor catalog as the unit price for food orders,

receipts, delivery tickets, invoices, billing and payments. The prime vendor will

be required to create duplicate administrative catalogs to capture the premium

distribution costs. The administrative catalogs will be used to calculate the

appropriate charges based upon the customer food orders in STORES. Once the

amount is calculated, an order for that amount will be placed in STORES for the

customer using local stock numbers designated for itemized billing/costs. The

total premium amount will be placed on order, receipted, invoiced, billed and

paid separately based on the original food order quantities. This process will be

coordinated between Contracting Officer and the prime vendor post award if

separate billing is required.

b. Method II Pricing

i. The product price plus the normal distribution price per item, per unit for item

categories 1 thru 189 will be established as the prime vendor catalog unit price

for food orders, receipts, delivery tickets, invoices, billing and payments. All

premium distribution prices will be captured via Categories 190 thru 216. The

prime vendor will be required to submit separate invoices to the Contracting

Officer in the frequency indicated below for the premium distribution price

payment.

ii. Each invoice must be certified by the prime vendor to reflect the amount of

service actually provided. Each invoice must be verified and signed by the

Contracting Officer Representative and approved by the Contracting Officer.

The approved invoice amount will be placed on order via STORES using local

stock numbers designated for itemized billing/costs, receipted, invoiced, billed

and paid. Detailed support documentation must be submitted with each invoice

The invoice and documentation shall be cumulative for a one(1) month period,

and must be submitted no later than the 15

day of the following month; e.g. for

the period of January 1 through January 31, referenced invoices must be received

by February 15.

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

B(b). Method II Pricing (continued)

1. GFM Storage – Monthly

GFM will be ordered by the customer directly from the prime vendor

catalogs at the GFM distribution price (categories 179 thru 189).

Invoices for GFM storage (categories 190 thru 200) shall be based on

more than 30 days after the receipt date of product into the distribution

facility. Any product that is received and ordered by the customer within

30 days shall not accumulate storage charges. Any product remaining at

day 31 shall accumulate the storage charge for the first 30 days and every

full 30 day period of storage thereafter. Storage charges shall not

accumulate per day nor be prorated as a daily charge. Also, storage

payments will only be made on product that is within its original or VET

extended shelf life. Storage payments will not be made on expired

product.

The prime vendor must maintain and submit along with the storage

invoice a detailed spreadsheet of all GFM received into inventory.

Sorted by receipt date and item description, it must list all pertinent

information including the associated invoice number, receipt date, NSN,

item description, item expiration date, extended expiration date, quantity

received, quantity delivered, quantity remaining in inventory, total days

in inventory, disposal date, quantity billed, unit distribution price, and

total charge.

2. GFM Re-work (open case inspection, open case re-work, labeling &

disposal) – Monthly (Categories 201 thru 204)

A copy of the KO or COR requirement and authorization must be

submitted with the invoice along with any other pertinent documents that

show that the work was performed.

3. AVI Office Space and Equipment – Monthly – Zone 1 only (Category

205)

Space measurements and an itemized list of equipment and services

utilized for the office must be submitted with each invoice. The

established distribution price for office space and equipment has a unit of

measure “per office;” therefore, any reduction to the requirement will

require a reduction to the distribution price, which will be negotiated and

evaluated at that time.

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

B(b). Method II Pricing (continued)

4. Air Lifts, Pallets, and Ice – Monthly (Categories 206 thru 211)

For commercial airlift, the PV will need to directly pay

the airfreight provider and subsequently invoice DSCP for

reimbursement. The airlift costs (actual costs only) will be reimbursed by

DSCP for all commercial freights unless the airlift is used to rectify a

situation created by lack of planning on the prime vendor’s part;

therefore, no distribution category is assigned for airlift costs. A copy of

the KO or COR authorization must be submitted with the invoice along

with the actual airfreight invoice, which must be presented in English.

A copy of the KO or COR authorization must also be submitted with the

pallet and ice invoice. If the airlift, pallet and ice invoices are related,

they must be submitted at the same time. All pallet and ice invoices

must be submitted with a spreadsheet that specifies all pertinent

information including, but not limited to the related prime vendor invoice

number, associated aircraft, flight number, registration, departure time,

arrival time, customer name and DODDAC, number of pallets (dry non-

tri-wall, dry tri-wall, chilled tri-wall, and frozen tri-wall), amount of wet

and dry ice, unit distribution price, and total charge.

5. Iraq Premium Transportation (Vehicles) – Bi-Weekly (Categories 212

thru 214)

The prime vendor shall submit a bi-weekly vehicle invoice for all

vehicles that entered into the Iraq convoy system during the previous two

weeks for Iraq delivery. Payment will be based on the vehicles entrance

into the Iraq convoy system.

The prime vendor must maintain and submit along with the vehicle

invoice a detailed spreadsheet of all Iraq purchase orders, the associated

trucks that entered into the convoy system, and the associated convoy

report. Sorted by purchase order number, the spreadsheet must contain

the purchase order number, invoice number, required delivery date, and

an itemized listing of the associated trucks including all pertinent

vehicle information including the vehicle number, vehicle type, vehicle

contents, driver name, destination, departure date, vehicle invoice

number, distribution price (dry or refrigerated) and total vehicle charge

per order.

No additional fees shall be charged for Iraq premium transportation.

SPM300-08-R-0061 Page 78 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

B(b). Method II Pricing (continued)

6. Iraq Customer Service Representatives (CSR’s) and Iraq Transportation

Officers (TO’s)– Monthly (Category 215)

The prime vendor must maintain and submit along with the CSR/TO

invoice a database of CSR’s deployed in Iraq during the previous month

and a list of TO program participants. Sorted by name and duty location,

it must include all pertinent information about the employee and the

assignment including the name, identification number, duty station,

period of performance, accomplishments, distribution price per person,

number of persons, total charge for the month and the invoice number.

7. Iraq Squad Leader (SL) Program – Monthly (Category 216)

The prime vendor must maintain and submit along with the SL invoice a

list of the SL’s and their completed missions. Sorted by name, it must

include all pertinent information about the employee and completed

missions including name, identification number, mission date, purchase

order number, remarks regarding the success of the mission, per person

distribution price, total distribution amount and the invoice number.

C. Distribution Prices shall be formatted to no more than two (2) places to the right of the decimal

point, for example $1.50. Offerors must utilize the Government’s item category listing below.

Normal distribution prices and the combined total (normal plus premium) distribution price per

category must be presented on attachments 1 and 2.

SPM300-08-R-0061 Page 79 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories:

# Category Description Unit of

Measure

1 Primal Steak Cuts, Raw, Tenders, Strip Loin, Rib Eye, Short Loin LB

2 Primal Roasts, Raw, Whole, Tenders, Strip Loin, Rib Eye, Short Loin, Prime Rib LB

3 Beef, Raw, Roasts (i.e., Steamship, Knuckles, Chuck), Stew Meat, Braising Steak,

Raw Fajita Meat, Diced Beef

4 Beef-Patties, Ground, Bulk, Raw LB

5 Beef-Precooked Products (Excludes Precooked Ground Beef and Salisbury Steak,

Corned Beef)

6 Beef-Precooked Products – Precooked Ground Beef, Salisbury Steak, Cooked

Fajita Meat, Meatballs, Sausage

7 Poultry-Raw, Minimally Processed Bone-in – Cut Quarters, 8 piece Cut, Halves,

Whole, Cornish Hens

8 Poultry-Raw, Boneless and Raw, Breaded or Un-breaded Processed LB

9 Poultry-Precooked Products, Turkey Breast, Chicken LB

10 Pork-Raw, Whole Loins, Chops, Steaks LB

11 Pork, Raw, Roasts (excluding loins), Ribs, Breaded and Un-breaded fabricated

items (i.e., Breaded Pork Steak, Pork Stew Meat)

12 Pork Precooked Products, Ham (Pit, Buffet, Spiral, Pullman) Ribs LB

13 Precooked Products to include Sausage, Scrapple, Bacon, Pork Roll, Breakfast

Ham, Pizza Toppings, Canadian Bacon

14 Raw Sausage, Scrapple, Bacon, Pork Roll, Breakfast Ham, Bratwurst, Knockwurst LB

15 Lamb, Veal, Game, Breaded Products LB

16 Luncheon Meats, Franks, Corn Dogs LB

17 Premium Sliced Deli-Meats, Air Dried Beef Products, Beef for Steak Sandwiches LB

18 Shellfish Premium-Whole Lobster, Lobster Tails, Crab Legs LB

19 Shellfish, Other – To include Shrimp, Oysters, Clams, Scallops, Crab Cakes –

Unbreaded

20 Shellfish, Other – To include Shrimp, Oysters, Clams, Scallops, Crab Cakes,

Stuffed Shrimp – Breaded

21 Fish, Whole, Portioned, Fillets, Solid Muscle, Unbreaded LB

22 Fish-Formed, Fillets, Portioned, Breaded LB

23 Fish – Imitation Crab and Lobster Meat, Cooked and Refrigerated LB

24 Canned and Pouched Fish, Meats – Non refrigerated CS

25 Frozen Specialty Entrees, RAW (Cordon Bleu, Stuffed Chicken Breasts, Stuffed

Pork Chops, Seafood)

26 Frozen Specialty Entrees, Precooked, (Stuffed Pork Chops, Seafood, Chicken

Kiev)

27 Shelf-Stable, Multi Serve, Meals, = or > 20 LB CS CS

28 Shelf Stable, Multi Serve Meals, < 20 LB CS CS

29 Shelf Stable Meal Kit, Multi Serve CS

30 Meal Kit, Multi Serve, FZN, Boil in Bag CS

31 Shelf Stable, Self Heating Meal Kits CS

32 Frozen Entrees, Individual Serve CS

33 Fruits/Vegetables, Frozen = to or > 24 LB CS CS

34 Fruits/Vegetables, Frozen < 24 LB CS CS

35 All No. 10 Size Cans CS

SPM300-08-R-0061 Page 80 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories (continued)

# Category Description Unit of Measure

36 All Cans = or < 2.5 Size CS

37 All 101 Size Cans CS

38 Coffee, 39 OZ Can CS

39 Eggnog, Shelf Stable, 32 OZ CO CS

40 Dry Weight Items, 20 to 30 LB CS CS

41 Kimchi, Chilled, 33 LB CN CN

42 Soup, 12/50 OZ AVG CN Weight CS

43 Cereal, 12/42 OZ CO Weight CS

44 Hominy Grits, 12/1.5 LB CO CS

45 Cereal Products (Hot, Cold) Individually Portioned CS

46 Bulk Pasta and Rice LB

47 Bulk Flour and Sugar CS

48 Baking Products, (i.e., Brown Sugar, Baking Soda, Salt and Baking Powder) =

or > 24 LBS

49 Baking Products, < 24 LB CS CS

50 Dry Weight Items, (i.e., Croutons, Topping Mix, 32 to 40 OZ CO) CS

51 Cooking Spray, non-stick, 16 OZ BT CS

52 Nuts, 3/2 LB BG CS

53 Nuts, 12/1.75 LB CN CS

54 Nuts, 6/2.75 LB CO CS

55 Pies, FZN, 10 inch diameter CS

56 Pop Tarts, Toaster Pastries, 72/2 CT PG CS

57 Cakes, FZN, 9/10 inch diameter, 40 OZ AVG and Sheet Cakes FZN CS

58 Cookies, FZN, 72/2 OZ EA CS

59 Doughnuts, Variety, FZN, 48/2.5 to 3 OZ EA CS

60 Brownies, Cakes, Individual Serve, FZN, 100/1.5 OZ EA CS

61 Muffins, FZN, 96/2.25 OZ AVG EA CS

62 Tortillas, Flour, Wheat, FZN, 10 inch, 12/12 CT PG CS

63 Biscuits, FZN, 120/2.5 OZ EA/CS CS

64 Bagels, Variety Pack, FZN, 3 OZ EA, 6/12 CT PG CS

65 Muffins, English, FZN, 144/2 OZ EA CS

66 Crackers, Variety, 2 CT PG, 400 PG CS CS

67 Pie Shells, Graham, 24/9 Inch EA/CO CS

68 Snacks, Shelf Stable, 48/1 OZ EA CS

69 Taco Shells, 200 CT CO CS

70 Candy Bars, Individual Serve, = or > 250 CT CS CS

71 Candy, Jelly Beans, Hard Candy, Choc Novalties, Candy Canes CS

72 Energy Bars, 120/2.3 OZ EA CS

73 Energy Bars, 72 CT CS CS

74 Energy Bars, 32 to 48 CT CS CS

75 Cocoa, PDR, SWT, 10/1000 GM PG for Dispenser CS

76 Cocoa, PDR, SWT, Ind Serv, 6/50 CT PG CS

77 Coffee, Decaf, Single Serve, 5/80 CT CO CS

78 Tea Mix, Instant, Unsweetened, Ind Serve, 50 CT CS CS

SPM300-08-R-0061 Page 81 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories (continued)

# Category Description Unit of Measure

79 Coffee, 12/500 GM PG, for Dispenser Use CS

80 Tea Bags, Ind Serve, w/Tags and Strings, Ind Wrapped, 10/100 CT BX Per CS CS

81 Flavoring, 16 OZ BT CS

82 Food Coloring, Variety Pack, ¾ CT PK CS

83 Spices, 72/3 OZ CO CO

84 Spices, Individual CO CO

85 Spices, JWOD CO

86 Gelatin, 12/14 OZ PG CS

87 Gravy Mix, 24/4 OZ CO CS

88 Soup and Gravy Base, Gravy Mixes, > 4 OZ PG CS

89 Salad Oil, 6/1 GL CO CS

90 Shortening, 35 to 50 LB CO CO

91 Shortening, 3 LB CN CS

92 Cheese, 20 LB CS CS

93 Cottage Cheese, FZN, 4/1 LB CO CS

94 Cheese, = or < a 20 LB CS CS

95 Egg Product, FZN, 6/5 LB CO CS

96 Margarine, 30/1 LB Prints CS

97 Margarine, 90 Patties, 1/12 LB CS CS

98 Ice Cream Mix, for Dispenser Use, 12/1 LT CO CS

99 Egg Rolls/Burritos, FZN, = to or < 20 LB CS CS

100 Enchiladas, FZN, 96/7 OZ per CS CS

101 Appetizers, FZN, 20 to 30 LB CS CS

102 Appetizers, FZN, < 20 LB CS CS

103 Entrees, FZN, Multi Serve CS

104 Entrees, FZN, Multi Serve, = to or < 10 LB CS CS

105 Pizza, FZN, Indiv Serve, 50/60 CT CS CS

106 Sandwiches, FZN, Pockets, 50/7 OZ EA CS

107 Sandwiches, FZN, Pockets, 24/4 OZ EA CS

108 Waffles, Belgian Style, 2-3 OZ EA, 108 CT CS CS

109 Pancakes, French Toast Sticks, FZN, 10 to 18 LB CS CS

110 Breakfast Sandwiches, Burritos, Wraps, FZN, 72 AVG CT CS

111 Breakfast Burritos, FZN, 36/5 OZ EA AVG CS

112 Breakfast Entrée, Ind Serv, FZN, Egg Patties, 240/1.25 OZ EA CS

113 Sauce, FZN, Boil-N-Bag CS

114 Condiments, Sauces, Glazes ½ or 1 Gallon CO CS

115 Bacon, Pieces, PreCKD, Chilled, Bits CS

116 Sauces, Condiments, 8 to 15 OZ CO CS

117 Sauces, Condiments, 16 to 20 OZ CO CS

118 Dessert Topping CS

119 Fruit, Raisins, Seedless, 24/15 OZ BX CS

120 Condiments, Individual Portioned, Non-Refrigerated 100 to 200 CT CS CS

121 Condiments, Individual Portioned, Refrigerated, 100 to 200 CT CS CS

122 Creamers, Non-dairy, 0.38 OZ EA, 180 CT CS CS

123 Margarine, Individual Portioned, Refrigerated, 600 CT CS CS

124 Margarine, Individual Portioned, Refrigerated, 900 CT CS CS

SPM300-08-R-0061 Page 82 of 257

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories (continued)

# Category Description Unit of Measure

125 Condiments, Individual Portioned, Non-Refrigerated, 500 CT CS CS

126 Condiments, Individual Portioned, Non-Refrigerated, 1000 to 3000 CT CS CS

127 Condiments, Individual Portioned, Non-Refrigerated, >3000 CT to 6000 CT CS CS

128 Vinegar, Cooking Wine CS

129 Wine, Non-Alcoholic, 12/15.4 OZ CO CS

130 Soda, Sports Drinks, Requiring Dispenser, 5 GL BIB BX

131 Soda, Sports Drinks, Requiring Dispenser, 2.5 GL BIB BX

132 Individual Beverage, Soda/Sports Drinks = or > 24 CT CS, 8 to 15 OZ CO CS

133 Individual Beverage, Nutritional, Energy Drink, Beer, = or > 24 CT CS, > 8 OZ

134 Individual Beverage, Nutritional, Energy Drink = or > 24 CT CS, 8 OZ CO CS

135 Individual Beverage, Soda/Sports Drinks, = or > 24 CT CS, > 15 OZ CO CS

136 Individual Beverage, Juice, = or > 24 CT CS, 8 to 11 OZ CO CS

137 Juice, 12/1 LT CO CS

138 Juice/Fruits, individual serv, 48/4 to 6 OZ CN CS

139 Bev Base, PDR, 12/14 OZ PG CS

140 Bev Base, PDR, Electrolytic, Variety Pack, 32 CT CS

141 Bev Base, PDR, Electrolytic or Sugar Free, 120/20 OZ PG CS

142 Bev Base, PDR, Electrolytic, 144 CT CS CS

143 Bev Base, Nutritional, 120 CT PG per CS CS

144 Water, Drinking, 12/1.5 LT BT CS

145 Water, Drinking, Individual Serve, 24 CT per case, < 1 LT BT CS

146 Prime Vendor FF&V LB

147 Local Market Ready, Eggs CS

148 Local Market Ready, Milk, UHT, Indiv Serve, 24 CT CS, 8 OZ CO CS

149 Local Market Ready, Soy Milk, 27 CT CS, 8.45 OZ EA CS

150 Local Market Ready, Milk, Fresh, 70/250 ML CO per CS CS

151 Local Market Ready, Milk, Fresh, 84/200 ML CO per CS CS

152 Local Market Ready, Horseradish, CHL, 6/32 OZ CO CS

153 Local Market Ready, Sour Cream, CHL, Cultured, 6/250 CC CO CS

154 Sour Cream, Shelf Stable, 6/8 OZ CO CS

155 Local Market Ready, Yogurt, 135 GM EA, 15/2 CT PG CS

156 Local Market Ready, Ice Cream, Baskin Robbins, 3 GL CO CO

157 Local Market Ready, Sorbet, FZN, 5 LTR CO CO

158 Local Market Ready, Ice Cream Novelties CS

159 Yogurt Mix, FZN, 5/4 LT CO CO

160 Local Market Ready, Bread, Rolls, Croissants, Bagel, Fresh LB

161 Local Market Ready, Cakes, Fresh CS

162 Local Market Ready, Doughnuts, Fresh, Variety, 30 CT CS CS

163 Local Market Ready, Cakes, Individual Serve, 112 CT CS CS

164 Ice Cream Cones, Sugar, 200/BX, 4 BX CS CS

165 Snacks, Chips, Trail Mix, 40 to 48 CT PG per CS CS

166 Snacks, Chips, 80 CT PG per CS CS

167 Local Market Ready, Sandwich, Individual Wrapped, 20 CT CS CS

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SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories (continued)

# Category Description Unit of Measure

168 Charcoal Briquette, 5, 10 and 20 LB BG LB

169 Decorations, 20 to 25 Piece Kits CS

170 Decorations, Table Covers, Holiday CS

171 Napkins, Holiday 5/100 CT CS

172 Placemats, Holiday, 500 CT CS CS

173 Ice Molds CS

174 Ice Potable LB

175 Decorations, 12 to < 20 pieces CS

176 Decorations, Deluxe Kits, 4000 SQ FT CS

177 Decorations, Deluxe Kits, 3000 SQ FT CS

178 Decorations, Deluxe Kits, 6000 SQ FT CS

179 GFM – UGR H&S Group Rations CS

180 GFM – UGR-A (Semi-Perishable) 2 CS per UOI CS

181 GFM – UGR-A (Perishable) 1 CS CS

182 GFM – Individual Feeding Ration (MRE, Halal, Kosher) CS

183 GFM – UGR-E CS

184 GFM – Strike Force CS

185 GFM – MARC Meals CS

186 GFM – Heater Cans CS

187 GFM – Heater Meals CS

188 GFM – Health & Comfort Packs CS

189 GFM – Other CS

Categories for Method 2 Pricing (Optional as Determined by the KO)

Storage Charge for GFM – Monthly Invoicing

190 GFM – UGR- H&S Group Rations CS

191 GFM – UGR-A Semi Perishable (2 CS per UOI) CS

192 GFM – UGR-A Perishable Group Rations CS

193 GFM – Individual Feeding Rations CS

194 GFM – UGR-E CS

195 GFM – Strike Force CS

196 GFM – MARC Meals CS

197 GFM – Heater Cans CS

198 GFM – Heater Meals CS

199 GFM – Health & Comfort Packs CS

200 GFM – Other CS

Re-Work Charges for GFM – Monthly Invoicing

201 Open Case Inspection CS

202 Open Case Rework CS

203 Labeling/Re-Labeling CS

204 Disposal CS

Office Space & Equipment – Monthly Invoicing

205 Army Veterinary Inspectors (AVI) – Zone 1 Only EA Office

SPM300-08-R-0061 Page 84 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XIV. CATEGORIES OF ITEMS (continued)

D. Item Categories (continued)

# Category Description Unit of Measure

Commercial Air Lifts, Pallets and Ice – Monthly Invoicing

206 Dry Pallet (Non-Tri-Wall) EA

207 Dry Pallet Tri-Wall EA

208 Chilled Pallet Tri-Wall EA

209 Frozen Pallet Tri-Wall EA

210 Wet Ice KG

211 Dry Ice KG

IRAQ Vehicle Transportation – Bi-Weekly

212 Vehicles (risk/elevated insurance/ITV/loss/recovery/demurrage) Per

Purchase Order, Per Refrigerated FEU

Per Entry into the Iraq

Convoy System

213 Vehicles (risk/elevated insurance/ITV/loss/recovery/demurrage) Per

Purchase Order, Per Dry FEU or Flatbed

Per Entry into the Iraq

Convoy System

214 Vehicles (risk/elevated insurance/ITV/loss/recovery/demurrage) Per

Purchase Order, Per Extra Bobtail

Per Entry into the Iraq

Convoy System

Iraq Personnel – Monthly

215 Iraq Transportation Officer Program & Iraq Customer Service

Representatives

Per Person

216 Iraq Squad Leader Program Per Person

XV. DSCP MANUFACTURER’S PRICING AGREEMENT PROGRAM:

A DSCP Manufacturer’s Pricing Agreement (MPA) Program is presently under development to maximize

the leverage of DSCP’s buying power and to obtain fair and reasonable product pricing under Prime

Vendor contracts for the customers of DSCP. The agreements between DSCP and manufacturers shall

identify a fixed product price for specific items that will be cataloged by the prime vendor. The prime

vendor will be responsible for establishing commercial agreements with the MPA holders to purchase the

MPA items at the product price established by the MPA.

When available, the list of MPA holders, the specific items under agreement, and the fixed product prices

for those items will be provided via solicitation amendment or contract modification as appropriate prior

to the solicitation closing date, during negotiations or during contract implementation (ramp-up/ramp-

down).

If MPA items are added to this solicitation via solicitation amendment, the fixed MPA item product price

will be used for evaluation of the market basket schedule of items for all offerors. The offerors will not

be required to have commercial agreements in place with the MPA holders at this time. The Contracting

Officer will automatically substitute each offerors market basket product price with the fixed MPA

product price despite whether the offered product price is higher or lower than the fixed MPA product

price.

The awardee(s) will be required to establish commercial agreements with the MPA holders for all MPA

items cited for cataloging during the ramp-up/ramp-down phase of the contract. As the program is

implemented, it is anticipated that 75 to 80 percent of the contract catalog items will be under agreement.

SPM300-08-R-0061 Page 85 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XV. DSCP Manufacturer’s Pricing Agreement Program (continued)

Post implementation, the prime vendor must have a MPA Holder commercial agreement in place before a

new MPA item may be added to the prime vendor catalog. For existing cataloged items that are added to

the MPA Program, the prime vendor must establish the MPA Holder commercial agreement within 30

days of Contracting Officer notification. The prime vendor shall immediately bring to the attention of the

Contracting Officer the names of MPA Holder(s) unwilling or unable to enter into a commercial

agreement with the prime vendor with an explanation for each. All MPA items are required to be placed

on the prime vendor catalog at the MPA established price, unless otherwise approved by the Contracting

Officer.

It is anticipated that MPA prices will remain fixed for a minimum of 30 days and a maximum of six

months. Updated MPA holder agreements will be issued to the prime vendor via contract modification.

The new MPA product prices shall be updated on the prime vendor catalog during the scheduled catalog

update that immediately follows receipt of the new product into the prime vendor’s inventory.

XVI. PROSPECTIVE PRICE REDETERMINATION (FARS DEV 2008-01 dated 02 May 08)

(a) General. The product price for non-Manufacturer Pricing Agreements (MPAs) items stated in this

contract shall be periodically redetermined as stated below, except that the product prices for supplies that

may be ordered before the first effective date of price redetermination (see paragraph (b) ) shall remain as

awarded.

(b) Price redetermination periods. For the purpose of price redetermination, performance of this contract

is divided into successive periods. The first period shall extend from the date of the contract award for a

minimum of 30 days, as identified in the schedule of items elsewhere in this contract. Periods of time

must be in 30 day increments, i.e., 30 60, 90, 120, etc. The second and each succeeding period shall

extend for a minimum of 30 days, as identified in the schedule of items, from the end of the last preceding

period. The effective date of price redetermination for the second and each succeeding period shall be the

Sunday following the last Tuesday of each month.

(1) Price changes for supplies or services that may be ordered shall be submitted to DSCP by 3:00

PM, local Philadelphia time, on the last Tuesday of each month DSCP via an 832 EDI

Transaction Set.

(2) The contractor shall submit invoices or quotes for the product price component of the contract

unit price to support the requested price increase/decrease. The preferred method of submission

is via email, but other methods may be utilized.

(3) If the contractor fails to submit the data required by subparagraphs (1) and (2) above, within

the time specified, the Contracting Officer may start the second and/or succeeding periods with

the previously approved price.

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SOW - Supplies/Services and Prices (continued)

XVI. Prospective Price Redetermination (continued)

(d) Price redetermination. Upon the Contracting Officer’s receipt of the data required by paragraph (c),

the Contracting Officer and the Contractor shall promptly negotiate to redetermine prices for supplies that

may be ordered in the period following the effective date of price redetermination. Only prices deemed to

be fair and reasonable by the contracting officer will be reflected in the catalog.”

(e) Contract modifications. Negotiated redetermination of prices shall be evidenced by a bilateral

modification to this contract, which is signed by the Contractor and the Contracting Officer.

(f) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for

any price redetermination period by the last Friday of the month, the Contracting Officer shall make the

determination whether to delete the item(s) from the catalog.

(g) Price Reduction. Notwithstanding the above, DSCP will accept contractor-offered price reductions at

any time.

XVII. REBATES/DISCOUNTS AND PRICE-RELATED PROVISIONS

(a) The contractor shall employ prevailing commercial methods in the pursuit of discounts, rebates,

allowances or other similar economic incentives or benefits, for the customers supported under this

contract. For all items, including those covered by Manufacturer’s Pricing Agreements, the contractor

warrants that its product price under this contract is equal to or lower than its product price to its most

favored customer. All NAPA discounts, food show discounts, early payment discounts (except as

identified in paragraph (b) herein), and other discounts, rebates, allowances or other similar economic

incentives or benefits given to any other customer shall be passed to the Government via a reduced

catalog price. Instructions for identifying discounts, rebates, allowances or other similar economic

incentives or benefits that shall be provided to the Government or retained by the contractor are set forth

in the submission requirements in the cost or price proposal and in the reports section.

(b) The contractor may retain Early Payment discounts that meet the following conditions:

(i) the Early Payment discount is actually based on the cost of money;

(ii) the Early Payment discount is consistent with commercial practice;

(iii) the Early Payment discount is routinely given by the suppliers to customers other then the Prime

Vendor at the same discount rate and under the same conditions as provided to the Prime Vendor;

(iv) the Early Payment discount is not established, requested, or negotiated for the purpose of

avoiding giving DSCP a lower cost or a rebate and does not result in a higher invoice price;

(v) the Early Payment discount is no more than 2 percent and the early payment is required within

10 days to obtain the discount; and

(vi) the contractor actually made the required payment within the time period required to receive the

discount.

SPM300-08-R-0061 Page 87 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XVII. Rebates, Discounts and Price Related Provisions (continued)

relevant to the product price component for existing catalog items, for any new items being added to the

catalog, and for requested price changes to existing catalog items. The contractor must include detailed

payment terms on each invoice or quote used to substantiate product price. If there are no payment terms

associated with the document, the contractor must annotate it with “No payment terms.”

Documents not in English will be accompanied by a copy translated into English and documents not

denominated in American dollars will include a copy converted to American dollars at the official

exchange rate as of the effective date of the document.

(d) The Government may require the contractor to submit invoices and other documentation from all

subcontractor tiers or any supplier or person in the product price supply chain, to substantiate discounts,

rebates, allowances or other similar economic incentives or benefits, and/or to substantiate that product

prices, under this contract are equal to or lower than product prices that are given to the contractor’s most

favored customer. If the Contracting Officer determines that a discount, rebate, allowance or other

similar economic incentive or benefit should have been passed on to the Government, the Government

shall be entitled to a prospective product price reduction and a retroactive refund for the amount of the

discounts, rebates, allowances or other similar economic incentives or benefits. Likewise, if the

Contracting Officer determines that a product price was not equal to or lower than that given the

contractor’s most favored customer, the Government shall be entitled to a prospective product price

reduction and a retroactive refund for the difference between the product price charged to the Government

and the product price charged to the contractor’s most favored customer. The Contracting Officer, or

authorized representative, shall have the right to examine and audit all the Contractor’s records (as

defined at FAR 52.215-2(a)) relevant to the existence of discounts, rebates, allowances or other similar

economic incentives or benefits, and most favored customer product prices. Failure to exercise this right

shall not constitute a defense or alter the Government’s entitlement to any other remedies by contract or

by law.

XVIII. MANDATORY ITEMS:

MANDATORY FOOD PRODUCTS AND DINING PACKETS

A. Certain supplies or services to be provided under this contract for use by the Government are

required by law to be obtained from nonprofit agencies participating in the program operated by

the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee)

under the Javits-Wagner-O’Day Act (JWOD) (41 U.S.C. 46- 48c).

B. The mandatory products are required to be purchased from the Non Profit Agency manufacturers

listed in paragraph I. The listing of required mandatory products and Non Profit Agency

manufacturers is subject to change when directed by the Committee. The contractor (Subsistence

Prime Vendor) is required to expeditiously catalog the mandatory products and remove any

commercial equivalent product with “essentially the same”* product characteristics. If the

removal and replacement will take longer than 30 days after notification by the Contracting

Officer, the approval of the Contracting Officer must be obtained for the extension.

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SOW - Supplies/Services and Prices (continued)

XVIII. Mandatory Items (continued)

C. Any other commercial equivalent product with “essentially the same”* product characteristics

can not be sold to the DSCP customers under this contract.

D. The contractor must ensure that sufficient stocks of mandatory products are on hand to satisfy

anticipated customer demand taking into account lead times for delivery from the designated

mandatory source to the Prime Vendor. If a contractor is notified that any of the below products

are not available from the designated mandatory source, the contractor must notify the

Contracting Officer immediately.

E. The contractor is not authorized to submit catalog changes containing other commercial equivalent

products with “essentially the same” product characteristics as those items listed below.

F. If the contractor is requested to carry other commercially equivalent product with “essentially the

same”* product characteristics but with a unique packaging requirement that is not currently

provided by the mandatory source, the contractor must notify the mandatory source and the

Contracting Officer in order to provide the designated mandatory source with the opportunity to

satisfy the unique packaging requirement being requested. Included in the contractor notification

to the designated mandatory source and Contracting Officer, will be the customer’s justification

for the unique packaging requirement.

G. Price and delivery information for the mandatory products are available directly from the

Designated Sources as listed in paragraph I. below. Payments shall be made directly to the

Designated Source making delivery.

H. ** To allow the proper flow of order and billing information through the DoD ordering, financial,

and other operating systems, stock numbers have been assigned for individual containers where

necessary to permit the sale of individual containers in lieu of case quantities.

I. Mandatory Products and Designated Sources:

1. Pancake Mix, Devil’s Food Cake Mix, Gingerbread Cake Mix, Dehydrated Cottage Cheese, Whole

Egg Crystals, and Milk Nonfat Dry

The COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERLY DISBLED

Approved the deletion of the following products effective November 11, 2007:

8910-01-E60-8830 Cottage Cheese, Dehydrated, 6/#10 CN/CS

8910-01-E60-6007 (or previously identified as 8910-1-E60-8831) Whole Egg Crystals,

14/1.75LB BG/CS

The two purchase exceptions are still in effect for the cottage cheese and the whole egg crystals until

November 11, 2007 allowing use of other than the JWOD mandatory products, as follows:

a.) Purchase Exception May 09, 2007 through November 09, 2007, allowing use of other than

mandatory JWOD product, Cottage Cheese, Dehydrated,, 6/#10/CN/CS. (high-lighted in bold

print below)

b.) Purchase Exception August 29, 2007 until deleted from the procurement list, allowing use of

other than the mandatory JWOD product Whole Egg Crystals 14/1.75LB BG/CS (high-lighted

in bold print below)

SPM300-08-R-0061 Page 89 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XVIII. Mandatory Items (continued)

I. Mandatory Product and Designated Sources (continued)

All other products remain unchanged, as mandatory.

ARC – Diversified

435 Gould Drive

Cookeville, TN 38506

P.O.C. Melissa Wilson (931) 432-5981

STOCK NUMBER

PRODUCT

8920-01-E60-7848 Cake Mix, Gingerbread, 6/5 LB BGS/CS

8920-01-E60-7849 Cake Mix, Gingerbread, 50 LB BG

8920-01-E60-7748 Cake Mix, Gingerbread, 6/#10 CN/CS

8920-01-E60-7846 Cake Mix, Devil’s Food, 6/5 LB BGS/CS

8920-01-E60-7847 Cake Mix, Devil’s Food, 50 LB BG

8920-01-E60-7747 Cake Mix, Devil’s Food, 6/#10 CN/CS

8920-01-E60-7860 Pancake & Waffle Mix, Regular, 6/5 LB BGS/CS

8920-01-E60-7861 Pancake & Waffle Mix, Regular, 6/6 LB BGS/CS

8920-01-E60-7862 Pancake & Waffle Mix, Regular, 25 LB BG

8920-01-E60-7863 Pancake & Waffle Mix, Regular, 50 LB BG

8920-01-E60-7749 Pancake & Waffle Mix, Regular 6/#10 CN/CS

8920-01-E60-7856 Pancake Mix, Buttermilk, 6/5 LB BGS/CS

8920-01-E60-7857 Pancake Mix, Buttermilk, 6/6 LB BGS/CS 8920-

01-E60-7858 Pancake Mix, Buttermilk, 25 LB BG

8920-01-E60-7859 Pancake Mix, Buttermilk, 50 LB BG

8920-01-E60-7850 Pancake Mix, Buttermilk, 6/#10 CN/CS

8910-01-E60-8830 Cottage Cheese, Dehydrated, 6/#10 CN/CS

8910-01-E60-6007 (or previously identified as 8910-1-E60-8831) Whole Egg Crystals,

14/1.75LB BG/CS

8910-01-E60-8832 Milk Nonfat Dry 4lb general purpose, 6/#10 CN/CS

2. Spices and Spice Blends: Garlic powder, Granulated Garlic, Paprika, Black Pepper (ground, cracked

& whole) , All Purpose w/o Salt, Chili Powder, Lemon Pepper, Cinnamon Ground, Cinnamon Stick

Whole, Taco Mix, Ginger Ground, Cayenne Pepper, Red Pepper, Canadian Style Blend for beef.

Unistel, Continuing Developmental Services

650 Blossom Road

Rochester, NY 14610-1811

P.O.C. Mr. Jack Pipes or Mr. Nick Galante (800) 864 7835

SPM300-08-R-0061 Page 90 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XVIII. Mandatory Items (continued)

I. Mandatory Product and Designated Sources (continued)

STOCK NUMBER

** PRODUCT

8950-01-E60-5751 Garlic Powder, 1 LB CO, 12/CS

8950-01-E60-5752 Garlic Powder, 6 LB CO, 3/CS

8950-01-E60-5754 Garlic, Granulated, 12 OZ CO, 12/CS

8950-01-E60-5753 Garlic, Granulated, 25 OZ CO, 6/CS

8950-01-E60-5750 Paprika, Ground, 4.5 OZ CO, 24/CS

8950-01-E60-5749 Paprika, Ground, 1 LB CO, 12/CS

8950-01-E60-7767 Pepper, Black, Ground, Gourmet, 1LB CO, 12/CS

8950-01-E60-7770 Pepper, Black, Ground, Gourmet, 5 LB CO, 3/CS

8950-01-E60-7766 Pepper, Black, Ground, Gourmet, 1 LB CN, 12/CS

8950-01-E60-7769 Pepper, Black, Ground, Gourmet, 18 OZ CO, 6/CS

8950-01-E60-7768 Pepper, Black, Ground, Gourmet, 18 OZ CN, 6/CS

8950-01-E60-7765 Pepper, Black, Ground, Gourmet, 1.5 OZ CO, 48/CS

8950-01-E60-8237 Pepper, Black, Cracked, 1 LB CO, 6/CS

8950-01-E60-8236 Pepper, Black, Cracked, 1 LB CN, 6/CS

8950-01-E60-8235 Pepper, Black, Cracked, 18 OZ CO, 6/CS

8950-01-E60-8234 Pepper, Black, Cracked, 18 OZ CN, 6/CS

8950-01-E60-8239 Pepper, Black, Whole, 1 LB CO, 6/CS

8950-01-E60-8238 Pepper, Black, Whole, 1 LB CN, 6/CS

8950-01-E60-8241 Pepper, Black, Whole, 18 OZ CO, 6/CS

8950-01-E60-8240 Pepper, Black, Whole, 18 OZ CN, 6/CS

8950-01-E60-9456 Spice Blend, All Purpose w/o Salt, 2.5oz CO, 12/CS

8950-01-E60-9547 Spice Blend, All Purpose w/o Salt, 6.75oz CO, 6/CS

8950-01-E60-9458 Spice Blend, All Purpose w/o Salt, 10oz CO, 12/CS

8950-01-E60-9459 Spice Blend, All Purpose w/o Salt, 20oz CO, 6/CS

8950-01-E60-9460 Spice Blend, All Purpose w/o Salt, 28oz CO, 6/CS

8950-01-E60-9461 Spice Blend, Chili, Powder, dark, 16oz CO, 6/CS

8950-01-E60-9462 Spice Blend, Chili , Powder, light, 17oz CO, 6/CS

8950-01-E60-9463 Spice Blend, Chili Powder, light, 18oz CO, 6/CS

8950-01-E60-9464 Spice Blend, Chili Powder, dark, 20oz CO, 6/CS

8950-01-E60-9465 Spice Blend, Chili Powder, 5lb CO, 1/5lb/CS

8950-01-E60-9147 Spice Blend, Lemon Pepper, 28oz CO, 6/CS

8950-01-E60-9466 Spice Blend, Lemon Pepper, 26oz CO, 6/CS

8950-01-E60-9467 Spice Blend, Lemon Pepper, 27oz CO, 6/CS

8950-01-E60-9150 Spice Cinnamon, Ground, 16oz CO, 6/CS

8950-01-E60-9468 Spice Blend, Cinnamon, Maple Sprinkle, 30oz CO, 6/CS

8950-01-E60-9469 Spice Cinnamon, Ground, 15oz CO, 6/CS

8950-01-E60-9470 Spice Cinnamon, Ground, 18oz CO, 6/CS

8950-01-E60-9471 Spice Cinnamon, Ground, 5lb CO, 3/5lb/CS

8950-01-E60-9472 Spice Cinnamon, Stick, Whole, 8oz CO, 6/CS

8950-01-E61-0104 Spice Ginger Ground, 14oz CO, 6/CS

8950-01-E61-0105 Spice Ginger Ground, 15oz CO, 6/CS

8950-01-E60-9152 Spice Ginger Ground, 16oz CO, 6/CS

8950-01-E61-0103 Spice Blend Canadian Style for beef, 29oz CO, 6/CS

8950-01-E61-0106 Spice Pepper, Cayenne, Ground, 1.5oz CO, 48/CS

SPM300-08-R-0061 Page 91 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XVIII. Mandatory Items (continued)

I. Mandatory Product and Designated Sources (continued)

8950-01-E60-9155 Spice Pepper, Cayenne, Ground, 14oz CO, 6/CS

8950-01-E61-0107 Spice Pepper, Cayenne, Ground, 16oz CO, 6/CS

8950-01-E61-0108 Spice Pepper, Red, Ground, 16oz CO, 6/CS

8950-01-E61-0099 Spice Mix, Taco, 9oz CO, 6/CS

8950-01-E61-0100 Spice Mix, Taco, 11oz CO, 6/CS

8950-01-E61-0101 Spice Mix, Taco, 23oz CO, 6/CS

8950-01-E61-0102 Spice Mix, Taco, 24oz CO, 6/CS

** The following stock numbers have been administratively assigned by DSCP to allow the sale of

individual containers:

8950-01-E61-3456 SPICE BLEND, ALL PURPOSE, W/O SALT, 1/10 oz co (ind unit sale only)

8950-01-E61-3457 SPICE BLEND, ALL PURPOSE, W/O SALT, 1/2.5 oz co (ind unit sale only)

8950-01-E61-3458 SPICE BLEND, ALL PURPOSE, W/O SALT, 1/20 oz co ( ind unit sale only)

8950-01-E61-3459 SPICE BLEND, ALL PURPOSE, W/O SALT, 1/28 oz co (ind unit sale only)

8950-01-E61-3460 SPICE BLEND, ALL PURPOSE, W/O SALT, 1/6.75 oz co (ind unit sale only)

8950-01-E61-3461 SPICE BLEND, CHILI PDR, dark, 1/16 oz co (ind unit sale only)

8950-01-E61-3462 SPICE BLEND, CHILI PDR, light, 1/17 oz co (ind unit sale only)

8950-01-E61-3463 SPICE BLEND, CHILI PDR, light, 1/18 oz co (ind unit sale only)

8950-01-E61-3464 SPICE BLEND, CHILI PDR, dark, 1/20 oz co (ind unit sale only)

8950-01-E61-3465 SPICE BLEND, CINNAMON MAPLE SPRINKLES, 1/30 oz co (ind unit sale only)

8950-01-E61-3466 SPICE BLEND, CINNAMON, GRD, 1/15 oz co (ind unit sale only)

8950-01-E61-3467 SPICE BLEND, LEMON PEPPER, 1/26 oz co (ind unit sale only)

8950-01-E61-3468 SPICE BLEND, LEMON PEPPER, 1/27 oz co (ind unit sale only)

8950-01-E61-3469 SPICE BLEND, LEMON PEPPER, 1/28 oz co (ind unit sale only)

8950-01-E61-3470 SPICE, CINNAMON, GRD, 1/16 oz co (ind unit sale only)

8950-01-E61-3471 SPICE, CINNAMON, GRD, 1/18 oz co (ind unit sale only)

8950-01-E61-3472 SPICE, CINNAMON, GRD, 1/5 lb co (ind unit sale only)

8950-01-E61-3473 SPICE, CINNAMON, STICK, 2.75” lg, 1/8 oz co (ind unit sale only)

8950-01-E61-3474 SPICE, GARLIC, GRANULATED, California, 1/12 oz co (ind unit sale only)

8950-01-E61-3475 SPICE, GARLIC, GRANULATED, California, 1/25 oz co, (1 lb size co) (ind unit sale only)

8950-01-E61-3476 SPICE, GARLIC, PDR, California, 1/16 oz co (1 lb size co) (ind unit sale only)

8950-01-E61-3477 SPICE, GARLIC, PDR, California, 1/6 lb co (ind unit sale only)

8950-01-E61-3478 SPICE, PAPRIKA, GRD, domestic, 1/16 oz co (1 lb size co) (ind unit sale only)

8950-01-E61-3479 SPICE, PAPRIKA, GRD, domestic, 1/4.5 oz co (ind unit sale only)

8950-01-E61-3480 SPICE, PEPPER, CAYENNE, GRD, 1/16 oz co (ind unit sale only)

8950-01-E61-3481 SPICE, PEPPER, CAYENNE, GRD, 1/14 oz co (ind unit sale only)

8950-01-E61-3482 SPICE, PEPPER, CAYENNE, GRD, 1/1.5 oz co (ind unit sale only)

8950-01-E61-3483 SPICE, PEPPER, RED, GRD, 1/16 oz co (ind unit sale only)

8950-01-E61-3484 SPICE, GINGER, GRD, 1/16 oz co (ind unit sale only)

8950-01-E61-3485 SPICE, GINGER, GRD, 1/15 oz co (ind unit sale only)

8950-01-E61-3486 SPICE, GINGER, GRD, 1/14 oz co (ind unit sale only)

8950-01-E61-3487 SPICE MIX, TACO, w/o MSG, 1/9 oz co (ind unit sale only)

8950-01-E61-3488 SPICE MIX, TACO, w/o MSG, 1/11 oz co (ind unit sale only)

8950-01-E61-3489 SPICE MIX, TACO, w/o MSG, 1/23 oz co (ind unit sale only)

8950-01-E61-3490 SPICE MIX, TACO, w/o MSG, 1/24 oz co (ind unit sale only)

SPM300-08-R-0061 Page 92 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW - Supplies/Services and Prices (continued)

XVIII. Mandatory Items (continued)

I. Mandatory Product and Designated Sources (continued)

8950-01-E61-3491 SPICE BLEND, CANADIAN STYLE for beef, 1/29 oz co (ind unit sale only)

8950-01-E61-3246 SPICE, PEPPER, BLACK, GRD, gourmet, 16 oz plastic co (ind unit sale only)

8950-01-E61-3226 SPICE, PEPPER, BLACK, GRD, gourmet, 16 oz metal co (ind unit sale only)

8950-01-E61-3227 SPICE, PEPPER, BLACK, WHOLE, 16 oz metal co (ind unit sale only)

8950-01-E61-3228 SPICE, PEPPER, BLACK, WHOLE, 16 oz plastic co (ind unit sale only)

8950-01-E61-3229 SPICE, PEPPER, BLACK, CRACKED, 16 oz metal co (ind unit sale only)

8950-01-E61-3230 SPICE, PEPPER, BLACK, CRACKED, 16 oz plastic co (ind unit sale only)

8950-01-E61-3231 SPICE, PEPPER, BLACK, CRACKED, 18 oz plastic co (ind unit sale only)

8950-01-E61-3232 SPICE, PEPPER, BLACK, CRACKED, 18 oz metal co (ind unit sale only)

8950-01-E61-3233 SPICE, PEPPER, BLACK, GRD, gourmet, 18 oz metal co (ind unit sale only)

8950-01-E61-3234 SPICE, PEPPER, BLACK, WHOLE, 18 oz metal co (ind unit sale only)

8950-01-E61-3235 SPICE, PEPPER, BLACK, WHOLE, 18 oz plastic co (ind unit sale only)

8950-01-E61-3236 SPICE, PEPPER, BLACK, GRD, gourmet, 1.5 oz plastic co (ind unit sale only)

8950-01-E61-3237 SPICE, PEPPER, BLACK, GRD, gourmet, 5 lb plastic co (ind unit sale only)

8950-01-E61-3195 SPICE, PEPPER, BLACK, GRD, gourmet, 18 oz plastic co (ind unit sale only)

3. Dining Packets:

National Industries for the Blind

1310 Braddock Place

Alexandria, VA 22311-1727

P.O.C. Ms. Mary Johnson

[email protected]

(703) 310-0512

STOCK NUMBER

PRODUCT

7360-01-509-3586 Dining Packet, fork, knife, spoon, 2 or 4 sugar, 1salt, 1 pepper and 1

napkin/pg non-white, subdued color (tan/sand/brown), 25/bg

* “Essentially the Same” Criteria

The following is the criteria for determining whether the items are “essentially the same” when

comparing JWOD mandatory products and commercial products. The JWOD product will be

considered “essentially the same” when:

1. It has effectively the same form, fit and function.

2. The JWOD and commercial products may be used for the same purpose.

3. The JWOD and commercial products are relatively the same size and a change in size will

not affect the use or performance.

The appearance, color, texture, or other characteristic of the JWOD product and commercial product

are not significantly different from one another.

SPM300-08-R-0061 Page 93 of 257

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SOW - Supplies/Services and Prices (continued)

XIX. CENTRAL CONTRACTS

From time to time during the performance of this contract, DSCP may issue Indefinite Delivery

Type Contracts (IDTC) for specific products to be distributed by the Prime Vendor. The Prime

Vendor will be required to obtain the specific products identified in the IDTCs. The price charged

by the Prime Vendor to the ordering activity will not exceed that cited in the IDTC, plus the

Prime Vendor’s negotiated distribution fee. At the time of award and at other times when

applicable, DSCP will provide the Prime Vendor with a list of all IDTCs awarded and their terms

and conditions of the awarded IDTCs. The Prime Vendor shall have 30 days within which to

implement the terms and conditions of the awarded IDTCs.

XX. NATIONAL ALLOWANCE PROGRAM AGREEMENT (NAPA)

A. Definitions:

1. Agreement Holder:

The supplier or manufacturer that has agreed to offer discounts to

DSCP on product under DSCP Prime Vendor contracts.

2. National Allowance Program:

The program implemented by the Defense Supply Center

Philadelphia (DSCP) to maximize the leverage of DSCP’s buying power and reduce the

overall product price under Prime Vendor contracts to the customers of DSCP.

3. National Allowance Program Agreements (NAPAs):

The agreements between DSCP and

suppliers/manufacturers that identify product category allowances. These allowances or

discounts apply only to the product/invoice price of the product. The NAPA does not

affect the Prime Vendor’s distribution price in any way.

B. DSCP has implemented a NAPA Program as part of the Subsistence Prime Vendor Program.

Under the NAPA Program, DSCP will enter into agreements with suppliers/manufacturers

offering domestic products.

C. Under the NAPA Program, agreement holders will:

1. Authorize and consent to allow the contractor(s) to distribute its products to ordering

activities under the Prime Vendor Program.

2. Offer discounts on the product price of the product ordered under Prime Vendor

contracts, in the form of deviated allowances, whereby the price to the customer includes

the discount. The deviated price is the price that will be submitted via the 832 catalog

transaction.

D. NAPAs neither obligate the Prime Vendor to carry, nor the ordering activity to purchase, any of

the agreement holder’s products; however, NAPA terms will apply to any order placed by the

customer for products covered by a NAPA, in which case the invoice price must reflect the

NAPA.

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SOW - Supplies/Services and Prices (continued)

XX. NAPA (continued)

E. If a Prime Vendor has a pricing agreement/arrangement with more favorable terms and/or pricing

structure, then it is required to pass on these savings to the customer.

F. Under a contract resulting from this solicitation:

1. Within five (5) working days from notification of award, the awardee will contact John

Steenberge, Program Manager, NAPA Team, 215-737-8461, [email protected].

The NAPA Team will provide general instructions and a password to access the

allowances on the NAPA website.

2. The Prime Vendor agrees to bill the invoice price to the Government as specified by the

NAPA allowance and initiates a bill-back to the agreement holder, if any activity orders

any product covered by a NAPA. The agreement holder will reimburse allowances to the

Prime Vendor within a time period mutually agreeable to the Prime Vendor and the

agreement holder. Other off invoice or bill back arrangements may exist between the

prime vendor and the agreement holder, but the prime vendor catalog price must be

specified by the NAPA allowance.

3. Any disputes involving the NAPA between the Prime Vendor and the agreement holder

will be resolved between them according to their own commercial practice. However,

DSCP will attempt to facilitate any such disputes.

G. NAPA Tracking Program: The Prime Vendor agrees to comply with the requirements of DSCP’s

Tracking Program for NAPAs and shall provide the required product information to support the

NAPA allowance and sales tracking website. Data shall be submitted as follows:

1. Format: The required information shall be formatted in an Excel spreadsheet, flat ASCII

file or a delimited file. Each transmission must be of the same format. Request to

change from one format to another must be forwarded to the Contracting Officer for

approval.

2. Transmission of Data: The information shall be submitted electronically via-

a. Email to [email protected]

Include contract number(s) in email title.

b. FTP to ftp://ftp.one2oneus.com

Inquire for a username and password.

3. Frequency of Submission: The information shall be submitted as often as the data may

change but no more than weekly.

4. Contents of the data File: The contents of the data file shall include the information

shown below for all of the products, NAPA and non-NAPA that are shipped to the

Government. All of the fields for each item must be populated with information unless

otherwise stated.

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SOW - Supplies/Services and Prices (continued)

XX. NAPA (continued)

Field

Number

Field Description Field Name Width Format Note

Prime vendor Part

Number

PVPARTNO 15

Alpha-

Numeric

Product

Description

DESC 45

Alpha-

Numeric

Unit of Measure

UOM 03

Alpha-

Numeric

Manufacturer SKU

or UPC

MFGNO 15

Alpha-

Numeric

Note 1

Brand Label or

Manufacturer

Name

MFG 45

Alpha-

Numeric

Note 2

Unit Allowance

Amount

ALLOW 12 999999.99 Note 3

Allowance UOM

ALLUOM 03

Alpha-

Numeric

Note 4

Allowance to Ship

Conversion

ALLCONV 12 999999.99 Note 5

Prime vendor

Markup Amount

PVMARKUP 12 999999.99 Note 6

Fields 6, 7, and 8 relate to NAPA. If a product is NOT subject to a NAPA allowance then

fields 6, 7, and 8 can be left blank or zero.

Notes:

1. Field #1 - This field represents the manufacturer’s part number of the product. If a valid

case UPC is available, you should use the case UPC. The UPC check digit is optional.

In the case where a UPC is not available, then you must use the manufacturer’s part

number (SKU number) as designated by the manufacturer. All leading zeros are

required. All characters such as dashes are also required if the manufacturer uses the

character in their part number identifier.

2. Field #4 - This field needs to identify the manufacturer (not necessarily the supplier) of

the product. If your item master has a valid case UPC and you send the UPC in field 4

there is no need to provide this field.

If you do not have a valid case UPC, please indicate the manufacturer or brand name or

some code indicating the same. If you use a code please provide an additional listing of

those codes and their description. Please note, this is the manufacturer of the product not

necessarily who supplied you the product.

3. Field #6 - This is the off-invoice allowance amount. It can be found in the NAPA table.

If the product is not subject to a NAPA allowance then please set this field to zero.

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SOW - Supplies/Services and Prices (continued)

XX. NAPA (continued)

4. Field #7 - This is the allowance UOM. It can be found in the NAPA table. If the product

is not subject to a NAPA allowance then please leave this field blank.

5. Field #8 - Conversion to the Unit of Issue UOM. The conversion factors to equalize the

allowance UOM to the unit of issue UOM. For example, if the unit of issue UOM is

“CA”, for case, and the allowance UOM is “CS”, for case, the conversion factor would

be set to 1. However, in the case where the Unit of Issue is “CS” and the allowance

UOM is “LB”, for pounds, this conversion factor may be fifty (50) because there are 50

lbs in a case. If the product is not subject to a NAPA allowance then please set this field

to zero.

6. Field #9 - For each item, provide the applicable markup amount. As previously

negotiated with DSCP, you have assigned a markup amount to each food category or to

each item. This amount should correspond to the unit of issue measurement. This is

required in order to insure that a NAPA allowance was provided off-invoice.

H. The NAPA Program is for the exclusive use of DSCP customers purchasing product under the

resultant contract.

XXI. ITEMS

This solicitation is for the procurement of Total Food and Beverage support to DoD and non DoD

customers.

XXII. CUSTOMER SERVICE POLICY

A. The prime vendor shall treat the Government as one of their best customers; therefore, any

treatment and/or customer service policy given to other accounts shall also be given to the

customers covered under this contract.

B. Prime Vendor Managers may be required to visit the Contracting Officer at DSCP on a semi-

annual basis to discuss contract related matters.

C. The Prime Vendor(s) shall assign, as a minimum, one (1) full time (dedicated) customer service

representative to each OCONUS warehouse region to maintain continuous contact with the

ordering activities, and especially with regard to emergency service requirement, product quality

complaints, shipping discrepancies, and damaged product. Another full time (dedicated) CSR

shall be assigned to oversee the Defense Transportation System (DTS) process as discussed

herein. All customer service representatives are required to speak English, and must have the

authority to make binding decisions on behalf of the Prime Vendor on any concern, which,

may occur. The name of the representative(s) and their telephone number, beeper number, e-

mail address, or any other method of communicating shall be furnished with 30 days after

award

This CSR requirement is unrelated to the Iraq CSR requirement discussed herein.

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SOW - Supplies/Services and Prices (continued)

XXII. Customer Service Policy (continued)

D. While English-speaking truck drivers are not required they are preferred. In either instance, all

truck drivers must be able to contact English speaking superiors at all times (via cellular phone or

other direct line of communication) to allow for customers/prime vendor communication when

necessary.

E. At a minimum, quarterly visits to the customers or customer representatives; such as Arcent

Forward, under these contracts are required to show new items, product preparation, provide

nutritional information and address any other concerns that the customers may have.

Additionally, the Prime Vendor is required to have a representative attend scheduled management

meetings at the customer locations.

XXIII. NEW ITEMS

A. If a customer desires to order an item that is not part of the contractor’s inventory, the Prime

Vendor will be allowed a maximum of one-hundred-twenty (120) days to source and make the

item available for distribution. The Prime Vendor must notify DSCP and the requesting activity

when new items are available for distribution. These items should become a permanent part of the

Prime Vendor’s inventory if it appears that these items will be ordered regularly. There will be a

ten (10) case monthly minimum to add to new items. The Prime Vendor will be responsible for

notifying the Contracting Officer on a monthly basis if any catalog item is not meeting the ten

(10) case monthly usage minimum so that the item may be reviewed for deletion.

B. The Prime Vendor shall assume the responsibility of introducing new food items to the

customers, as well as to show cost effective alternatives to their current choices. The Prime

Vendor will still be required to perform their normal manufacturer selection process to include

analysis/comments/recommendation of new products prior to the product sampling/taste testing.

C. The Prime Vendor agrees to the DSCP requirement that all new items will not be available and

delivered to the customer(s) until sufficient inventory of the new products have been shipped and

received in the Prime Vendor’s OCONUS facility(s) with the new items added to the customer’s

catalog via the 832 catalog process.

D. All new items must be approved as determined by the individual service Headquarters’ operating

procedures prior to stocking the item. New item additions and/or changes to NSNs must be

authorized in writing by the Contracting Officer prior to the 832 catalog update transmissions.

New item prices for non-MPA items must be determined fair, reasonable, and approved by the

contracting officer prior to the items addition to the customer’s catalog. Prime vendors are

encouraged to seek approvals prior to the items sailing from CONUS. Any non-MPA products

shipped without prior approval are shipped at the vendor’s own risk and may be subject to

charges to recoup USTRANSCOM shipping costs, as well as not being authorized for addition to

the catalog, should the Contracting Officer fail to determine them fair and reasonable. In

accordance with past practice, the customer will continue to determine all items to be added to the

catalog. However, new non-MPA items will not be added to the catalog unless the Contracting

Officer determines the proposed prices for the new non-MPA item to be fair and reasonable in

accordance with the FAR and approves the addition

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SOW - Supplies/Services and Prices (continued)

XXIII. New Items (continued)

Prime vendors shall utilize the Contracting Officer provided form when requesting all item

approvals (additions and/or changes). The form is mandatory and will be provided post award.

Each request for approval of a non-MPA item must, at the same time, have the following

documentation attached:

i. Copy of the manufacturer’s original invoice signifying the manufacturer’s

FOB origin product price, and discount terms, or

ii. Written price quote, on the manufacturer’s letterhead, if the item is not

currently in stock, to include: price, date price quote was obtained, time

period price quote is effective for, quantity covered by the price quote,

manufacturer’s part number, manufacturer’s FOB origin product price,

discount terms, and manufacturer’s point of contact information.

The approved price as submitted on the form must be the price submitted upon the 832

transmission. Incoming 832 transmissions will be verified for compliance. Prices other than

those approved will be rejected.

XXIV. BREAKING CASES

Under the proposed contracts, the awardee will be required to break cases for spices. If your

company has additional items for which you normally break cases, you should indicate those

items in your offer.

XXV. FOOD SHOWS (if applicable)

A. DSCP actively participates in Vendor Food Shows for the purpose of obtaining food show

“allowances.” These allowances are negotiated by DSCP with each exhibitor at the Food Show,

whether it is a broker representing several firms, the distributor representing a firm, or the

manufacturer directly. In addition, other procedures in accordance with a vendor’s normal

commercial practice may be used to negotiate the allowances or savings.

B. The Prime Vendor is required to advise the Contracting Officer and the Acquisition Specialist of

all Food Shows that are conducted throughout the course of the contract. This includes annual

shows, as well as regional and/or mini food shows. The Government reserves the right to

participate.

C. Approximately one (1) week prior to the Food Show, the Prime Vendor shall furnish the

Contracting Officer and/or Acquisition Specialist the following information:

1. List of participants attending the Food Show;

2. Map showing the locations of booths;

3. Effective period of allowances;

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SOW - Supplies/Services and Prices (continued)

XXV. Food Shows (continued)

4. Statement as to whether the allowances are applicable to all orders placed within the effective

period, or for only the amount of product booked at the show.

5. Usage report for all customers covered by the contract. This data shall represent the same

number of weeks as the effective period of the allowances. The data shall be a consolidation

of all customers, and be sorted in booth order sequence. At a minimum the following

elements are required:

a. Vendor Part Number

b. Description of item

c. Usage quantity

d. Manufacturer/Brand

e. Booth Number of the exhibitor and the products they represent

D. At the end of the Food Show allowance period, the Prime Vendor shall submit to the

Contracting Officer/Acquisition Specialist a Food Show savings report by customer. This shall

be completed within 2 weeks of the end of the allowance period. A total sales report for the same

period shall also be submitted.

E. Food Show allowances must

be passed on to the customers directly as a deviated price.

Accordingly, when the applicable items are ordered, the price must reflect the allowance if

ordered during the specified time frame. The deviated price is the price that is to be submitted via

the 832 catalog transmission. All decreases in price must be submitted via the 832 transmission

the week prior to the beginning of the allowance period.

XXVI. JOINT TOTAL ASSET VISIBILITY (JTAV)

A. Under the proposed contract, the awardee must have the capability to provide DSCP with timely

and accurate information on the location, movement, status, and identity of units and supplies.

XXVII. BACK-UP PRIME VENDORS

The offeror(s) that are awarded Prime Vendor contract(s) under this solicitation may become a

potential backup supplier for other prime vendors, including but not limited to prime vendors in

the: United Arab Emirates (UAE), Oman, Afghanistan, Bahrain, Qatar, Saudi Arabia, and

Djibouti, should a Prime Vendor be unable to support (for any reason) customers covered under

its contract. In addition, if this solicitation results in multiple awards (one for each zone), the

awardee may also become a potential backup supplier for these zones (Kuwait, Iraq, Jordan).

Offeror’s agreement to perform as a potential backup contractor is required. The designation to

act as a backup will be executed by a bilateral modification. The appropriate distribution fees will

be negotiated as necessary.

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SOW - Supplies/Services and Prices (continued)

XXVIII. NON-COMPETITION

The offeror warrants that it will not actively promote, encourage, or market to any of the

customers on this acquisition, away from a resultant DSCP contract, and onto a contract of any

other Government agency or commercial entity.

XXIX. TITLE

Title of all products purchased for the Government remains with the Contractor during the

shipment, and title passes to the Government when products are inspected and accepted at the

final delivery point (e.g. Dining Facility and Mobile Kitchen Trailers).

XXX. FREE ON BOARD (F.O.B.) POINT

Under normal conditions F.O.B. Destination terms apply. The Government shall not be liable for

any delivery, storage, demurrage, accessorial, or other charge involved before the actual delivery

(or “constructive placement” as defined in carrier tariffs) of the supplies to the final destination.

The Contractor shall pay and bear all charges to the specified point of delivery. For complete

definition of F.O.B. Destination, see FAR Clause, 52.247-34 F.O.B DESTINATION, which is

incorporated into this solicitation by reference.

Under special circumstances; i.e., special military exercises, F.O.B. Origin terms will apply. In

these instances, the Government will accept product at the Prime Vendors CONUS facility (FOB

Origin) and a fifty percent reduced distribution fee shall be applied. For complete definition of

F.O.B. Origin, see FAR Clause, 52.247-29, F.O.B. ORIGIN, which is incorporated into this

solicitation by reference. On any F.O.B. origin shipment, the prime vendor must arrange for

USDA Inspection and is responsible for associated cost.

XXXI. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

A. Background

1. Contractor Performance Assessment Reporting System (CPARS) is now hosting web-

enabled applications that are used to collect and manage a library of automated contractor

performance evaluations that are completed in accordance with FAR Parts 36 and 42.

FAR Part 36 identifies the requirements for documenting contractor performance for

architect-engineer and construction contracts while FAR Part 42 identifies requirements

for documenting contractor performance for systems and non-systems acquisitions. The

CPARS applications are designed for UNCLASSIFIED use only. Classified information

is not to be entered into these systems. In general, contractor performance assessments or

evaluations provide a record, both positive and negative, for a given contract during a

specified period of time. When evaluating contractor performance each assessment or

evaluation is based on objective facts and is supported by program and contract

management data, such as cost performance reports, customer comments, quality

reviews, technical interchange meetings, financial solvency assessments,

construction/production management reviews, contractor operations reviews, functional

performance evaluations, and earned contract incentives.

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SOW - Supplies/Services and Prices (continued)

XXXI. CPARS (continued)

2. Effective October 1, 2006, a Department Of Defense (DoD) Public Key Infrastructure

(PKI) Certificate will be required for all DoD users accessing CPARS. Effective

November 1, 2006, a DoD PKI Certificate will be required for all Contractor users

accessing CPARS. The requirement for PKI certificates is implemented in accordance

with DoD security policy promoting secure electronic transactions.

B. Obtaining a PKI certificate

1. Contractors who do not work at a Department of Defense facility may purchase a DoD

PKI certificate from one of three External Certificate Authorities (ECAs). The ECAs are

vendors who provide digital certificates to DOD’s industry partners who are using their

own equipment or working in non-government facilities. A list of ECAs is available at

http://www.cpars.navy.mil/pki_info.htm

. Each contractor employee accessing CPARS

will need an Identity Certificate (An Encryption Certificate is not required). Certificate

prices range in from $99 - $115 per certificate per year, with volume discounts at some

ECAs.

Each contractor must fully comply with the DoD requirement to implement PKI in order

for our information systems to remain secure and viable.

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STATEMENT OF WORK (SOW) (continued)

DESCRIPTION AND SPECIFICATIONS

I LIFE SUPPORT FOR IRAQ CONTRACTOR PERSONNEL

i. Transportation Officers, Squad Leaders and Customer Service Representatives:

The Prime Vendor shall provide all communications equipment and non-tactical vehicles

(NTV). The prime vendor is responsible for NTV maintenance and may need to enter into a

contract with a service provider for this service.

At no cost to the Prime Vendor or to DSCP, the Base Camp Major shall provide basic life

support services to the contractor personnel, including but not limited to shelter (tents); food

and access to dining facilities’; bottled water and ice; NTV fuel; access to laundry facilities;

access to morale welfare recreation services, authorized radio communication commensurate

with military radio/frequency, etc., and DSN phone lines.

ii. Truck Drivers and Trucks destined for Iraq deliveries

At no cost to the prime vendor or DSCP, the customer or designated Base Camp Major(s)

will provide basic life support to truck drivers while they are in transit within the Iraq area of

operations. At a minimum, basic life support includes: sanitary latrine, shower and rest

facilities; at least 2 meals (i.e., MREs) and two 1.5 liters of bottled water per day throughout

the entire delivery process; and retail fuel for the delivery trucks. Delivery trucks/drivers fall

under the military convoy system and must follow Government priorities of movement and

adhere to all force protection requirements. Given such, neither the contractor nor DSCP can

predict the amount of fuel requirements to support delivery missions and commercial options

for fuel purchase are not viable due to force protection.

In the event of vehicular breakdown, although the Government may assist in the return of

prime vendor vehicles to a centralized hub, the prime vendor will ultimately be responsible to

recover and repair the vehicle. The prime vendor will be responsible for providing personal

protective equipment (PPE) to its personnel. Level III body armor and Kevlar helmets, at a

minimum, will be necessary.

Salaries for PV truck drivers working within the Iraq war zone under the convoy system must

be paid on a per-trip rather than per day basis.

Note: English-speaking truck drivers are not required, but preferred. In either instance, all

truck drivers must be able to contact English speaking superiors at all times (via cellular

phone or other direct line of communication) to allow for customers/prime vendor

communication when necessary.

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SOW – Description and Specifications (continued)

II. ORDERING SYSTEM – Subsistence Total Order & Receipt Electronic System (STORES)

1. Accessed via the Internet, the STORES is the Government’s translator/ordering system

that is capable of accepting orders from any of the Services’; i.e. Army, Air Force, Navy,

or Marines, individual ordering systems and translating them into an Electronic Data

Interchange (EDI) format. In addition, this information is passed to DSCP for the

purposes of contractor payment and customer billing. Additional EDI information has

been provided as an attachment.

2. Customers will be able to order all of their requirements through STORES. The system

will transmit orders to the Prime Vendor and to DSCP.

3. The awardee shall be required to interface with STORES and must be able to support the

following EDI transactions:

i. 810 – Electronic Invoice

ii. 820 – Payment Voucher Information

iii. 832 – Catalog (Outbound: Vendor to DSCP)

at a future date:

a. The supplier maybe required to submit a breakout of their total

contract unit price, i.e. separate Product price and Distribution Fee

columns.

b. Gross case weight, case cube, and number of cases per pallet will

need to be provided by the supplier

iv. 850 – Purchase order

v. 861 – Receipt

vi. 997 – Functional Acknowledgement

4. A complete description of these transaction sets is included in the “EDI Implementation

Guidelines” attached to this solicitation.

5. The Prime Vendor shall have access to the Internet and be able to send and receive

electronic mail (email).

6. Unit prices and extended prices must be formatted not more than two (2) places to the

right of the decimal point.

7. The Prime Vendor is required to utilize the Government’s item descriptions in the

Electronic Catalog (832 transmission). The Government’s format begins with the broad

category of the item and then continues with a more specific item description. For

example: “Crinkle Cut Carrots”, would be listed as “Vegetable, Carrots, and Crinkle

Cut”.

8. The offeror may be required to transmit 810, 832, and 997 transactions, prior to award

and during proposed evaluations, in order to demonstrate its EDI compatibility.

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SOW – Description and Specifications (continued)

II. Ordering System – STORES (continued)

9. The vendor will utilize the DSCP invoice reconciliation process, or other such systems as

may become available, to the maximum extent, towards the goal of correcting invoices

early and facilitating the payment process.

10. In the event the STORES system or the Prime Vendor interface is not operational, the

Prime Vendor must provide alternate ways for the customer to order (e.g., by fax, by

phone, pick-up orders, etc.)

III. ORDER PLACEMENT

A. The Prime Vendor shall stock items in sufficient quantities to fill all ordering activity

requirements.

B. Order placement must be made before 12 noon to be considered for the day.

IV. ORDER FILL OR SUBSTITUTION POLICY

All supplies shall be furnished on a “fill or kill” basis. Partial shipments are acceptable if the

customer is notified in advance and agrees to the partial shipments; however, the unfilled quantity

is to be reported as not-in-stock (NIS). Offerors are required to have procedures for handling NIS

situations. The Prime Vendor is required to stipulate timeframes in which the NIS item will be

identified to the customer prior to the delivery, in order that a substitute item may be

requisitioned via a new order. Only substitutes of comparable description, quality, and price may

be offered to the customer. Where brand names are specified on the catalog, through use of

mandatory contracts or specific NAPA assigned stock numbers, assortment will be limited to

those brands indicated.

V. PRODUCT QUALITY

A. Shelf-life

All products delivered shall be as fresh as possible and within the manufacturer’s original shelf

life (i.e., Best if Used by Date, Expiration Date, or other markings). Chilled products shall not be

frozen in an attempt to extend the products’ shelf life, unless approved by the Contracting

Officer.

For annual pack items, products will be from the latest seasonal pack available, unless approved

in advance by the Contracting Officer.

For items produced with shelf life greater than 90 days, no product shall be delivered to

customers with less than 30 days manufacturer’s original shelf life remaining unless the customer

grants prior written approval.

For items produced with shelf life less than 90 days, no product shall be delivered to customers

with less than 5 days manufacturer’s original shelf life remaining unless the customer grants prior

written approval.

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SOW – Description and Specifications (continued)

V. Product Quality (continued)

All products shall be identified with readable “open coded” “Best When Used By Date”, “Sell by

Date”, date of production, date of processing/pasteurization or similar marking indicating the end

of the guaranteed freshness date.

It is NOT DSCP’s Policy to grant shelf life extensions for prime vendor product. However, on a

limited case by case basis, the Contracting Officer reserves the right to authorize extensions

giving consideration to the reason requested, manufacturer letter of extension granted, military

veterinarian approval, customer approval, and price reduction offered. The procedures for Prime

Vendor request for shelf life extensions for prime vendor product are as follows:

i. The prime vendor submits written notification to the customer (Theater Food Service

Advisor) regarding over aged product and request customer agreement to receive the product if it

is approved for extension by DSCP and Vet Services.

ii. The prime vendor submits the extension request paperwork to include Customer

agreement, NSN, Item Description, # of Cases, Dollar Value, Price Reduction Offered,

Reason/Justification for the request, Manufacturer Letter of Extension, Manufacturer’s original

expiration date, and Manufacturer’s extended expiration date to the Contracting Officer and

Contracting Officer Representatives for review/concurrence.

iii. The Contracting Officer or Contracting Officer Representative, as designated replies

to the prime vendor with accept/reject of the submitted package and go or no-go for the Vet

inspection request.

iv. Vets inspect product (in accordance with their list of priorities) to see if it is

wholesome and of adequate quality (consideration should be given to the length of the extension

guarantee before Vet approval is granted).

v. Items that are approved by the Vets are used by the prime vendor.

B. Commercial standards should be used to maintain temperatures appropriate for individual items.

1. Level of Product Quality:

a. When designating an item as a match for the DoD item in the schedule of items listed in

the solicitation, the item must be:

i. Identical in respect to packaging when the DoD unit of issue is not described

by weights (e.g. pound or ounce).

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SOW – Description and Specifications (continued)

V. Product Quality (continued)

ii. Identical for portion control items, except that pack size may vary. For

example, NSN 8905-00-133-5889 “Beef Braising Steak, Swiss” is described as

“frozen, formed, portion-cut, not mechanically tenderized, US Choice Grade or

higher, 6 oz each, NAMP 1102 or equivalent, from knuckle, inside round, Eye

of Round, or Outside Round, 53 lbs. per box”. The requirement for the formed

six (6) ounce portion must be identical. However, if the commercial pack size

were a 15-lb. box, it would be acceptable by modifying the unit of issue ratio in

the STORES ordering system. In respect to the previous examples, the DoD

ordering activities require continuity with the DoD unit of issue for proper

inventory and accounting within DoD.

iii. Equivalent in respect to grade or fabrication.

b. All items must meet or exceed the Government’s item description of their assigned

Government stock number.

VI. QUALITY PROGRAM

A. A Supplier Selection or certification program shall be used to ensure standardized product quality

for each item supplied and/or listed in the stock catalogs, regardless of supplier. The product

quality shall be equal to that described in the pertinent item specification. Product characteristics

shall be standardized to the extent that variations in flavor, odor, and texture will be minimized.

B. The prime vendor shall have a formal quality assurance program and a quality control manager

that is responsible for over site of the program. All aspects of quality as related to this

subsistence prime vendor program shall be proactively monitored and evaluated by the prime

vendor.

C. The contractor shall develop and maintain a quality program for the product acquisition,

warehousing and distribution to assure the following:

1. Standardized product quality;

2. Wholesome product by veterinary standards;

3. The usage of First-In, First-Out (FIFO) principles and/or First-Expired, First-Out

(FEFO);

4. Product shelf life is monitored;

5. Items are free of damage;

6. Items are segregated in OCONUS warehouses from commercial products

7. Correct items and quantities are selected and delivered;

8. Ensure requirements of the Berry Amendment are met, when applicable;

9. Customer satisfaction is monitored;

10. Product discrepancies and complaints are resolved and corrective action is initiated;

11. Manufacturer, FDA, or DoD initiated food recalls are promptly reported to customers and

DSCP;

12. Compliance with EPA and OSHA requirements;

13. Distressed or salvaged items or products shall not be used;

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SOW – Description and Specifications (continued)

VI. Quality Program (continued)

14. Applicable food products delivered originate from a source listed as a Sanitarily

Approved Food Establishment for Armed Forces Procurement;

15. Hazard Analysis and Critical Control Point (HAACP), if applicable;

16. Commercial standards are used to maintain temperatures appropriate for individual items.

VII. SANITARY CONDITIONS

(a) Food Establishments.

(1) All establishments and distributors furnishing subsistence items under DSCP 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 Veterinary Command (VETCOM)

Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces

Procurement, (Worldwide Directory) (available at: https://vets.amedd.army.mil/vetcom) Compliance with the

current edition of DoD Military Standard 3006, 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 and Poultry Inspection Directory”, published

electronically by the U. S. Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS)

(available at: http://www.fsis.usda.gov/Regulations/Meat_Poultry_Egg_Inspection_Directory/index.asp). 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.

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SOW – Description and Specifications (continued)

VII. Sanitary Conditions (continued)

(iii) Shell eggs

may be supplied from establishments listed in the “List of Plants

Operating under USDA Poultry and Egg Grading Programs” published electronically by the USDA,

Agriculture Marketing Service (AMS) (available 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 electronically by the USDA FSIS

(available at:

http://www.fsis.usda.gov/Regulations_&_Policies/Meat_Poultry_Egg_Inspection_Directory/index.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

electronically by the U.S. Department of Health and Human Services, Food and Drug Administration

(USDHHS, FDA) (available at: http://www.cfsan.fda.gov/~ear/ims-toc.html). 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 electronically by the USDHHS, FDA (available at:

http://www.cfsan.fda.gov/~ear/pmo03toc.html).

(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/dairy/dypubs.htm) 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

(i.e. 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 electronically by the USDHHS, FDA (available at:

http://www.cfsan.fda.gov/~ear/shellfis.html).

(3). Establishments exempt from Worldwide Directory listing

. Refer to AR 40-

657/NAVSUPINST 4355.4F/MCO P1010.31G, Veterinary/Medical Food Inspection 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, 5285 Port Royal Road, Springfield, VA 22161; 1-800-553-6847;

or download from web site: http://www.usapa.army.mil/.) For the most current listing of exempt

plants/products see the Worldwide Directory (available at: https://vets.amedd.army.mil/vetcom).

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SOW – Description and Specifications (continued)

VII. Sanitary Conditions (continued)

(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 termination for “Default” or termination for “Cause” clause of the contract.

VIII. WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT PEST

MANAGEMENT

The contractor shall develop and maintain a sanitation program and a stored product pest

management program for the food and other co-located non-food items that comply with industry

standard programs such as the Code of Federal Regulations, Title 21, Part 110, Food

manufacturing Practices, the Federal Insecticide, Fungicide, and Rodenticide Act, the Food,

Drug, and Cosmetic Act of 1938 as well as all pertinent state and local laws and regulations.

Records of inspections performed by the firm, subcontractor, or recognized industry association

shall be maintained and made available to the Government at the Contracting Officer’s request.

Any findings by the firm or its agent documenting a critical sanitation deficiency shall be

reported immediately to the Contracting Officer with an attached report of corrective action.

IX. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

Applicable food products, e.g. poultry, dairy and seafood items, delivered to customers listed in

this solicitation, as well as any customer added to the Prime Vendor Program, shall originate

either from an establishment listed in the “Directory of Sanitarily Approved Food Establishments

For Armed Forces Procurements”, or one which has been inspected under the guidance of the

United States Department of Commerce (USDC) or the United States department of Agriculture

(USDA). For detailed information see Clause 52.246-9P31 “Sanitary Conditions” in this

solicitation.

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SOW – Description and Specifications (continued)

X. PRIME VENDOR QUALITY SYSTEMS MANAGEMENT VISITS AND AUDITS

A. QUALITY SYSTEMS MANAGEMENT VISITS (QSMVs)

The Supplier Support Division's audit personnel will conduct unannounced Quality Systems

Management Visits (QSMVs) to review the PV's compliance with the terms of the contract. The

visits will be scheduled as a result of unsatisfactory ratings received during DSCP PV Product

Audits, customers’ complaints, requests from the Contracting Officer, or as deemed necessary by

the Government. QSMVs may include visits to subcontractors and/or product suppliers/food

distributors used by the PV. If DSCP deems it necessary to conduct an on-site visit with a

subcontractor, product supplier and/or food distributor used by the PV, the PV shall make

arrangements for these visits. During the QSMV the Government may review/verify one, several

or all of the following areas (this list is not inclusive) as deemed necessary: The methods and

procedures used to comply with the terms of the contract; condition of storage facilities; product

shelf-life management; inventory in-stock (age of product and condition, labeling, product

rotation (FIFO), etc.); shelf life extensions; product substitutions; control of material targeted for

destruction/disposal or to return to suppliers as a result of customers’ returns including DSCP’s

PV audit results and other recalls; review of paperwork for product destroyed/condemned or

returned to supplier including but not limited to product rated Blue/Red during the last DSCP

audit, customer, returns, etc.; customer’s notification on product recalls (product rated

Blue/Red/other reason), etc; PV’s response to customer returns/issues and visits to customers’

locations. The QSMV may also include unannounced visits to customers served by the PV.

The Prime Vendor must provide the Government a report showing all DSCP catalog products

sorted by location when the QSMV Team arrives.

The Prime Vendor’s technical proposal will be incorporated by reference into the contract. The

PV will be responsible for complying with its technical proposal. Procedures and processes set

forth in the Prime Vendor’s technical proposal may be used as standards for a QSMV. If there is

any conflict between the solicitation language and the prime vendor’s technical proposal, the

solicitation language governs.

The Prime Vendor must take corrective action to address any concerns identified as a result of the

QSMV. Concerns identified during the QSMV, or PV failure to take corrective action in

response to QSMV findings, will be grounds for terminating the PV contract. The government

may, at its discretion, take other action to correct the concerns identified during the QSMV such

as but not limited to unannounced QSMVs. Such action will not eliminate the government’s right

to terminate the PV contract should the identified concerns or PV failure to take corrective action

continue.

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

B. PV PRODUCT QUALITY AUDITS:

1. Basic Audits

a. The DSCP Worldwide Food Audit Program, covering all Food Classes within a Prime

Vendor’s catalog (Meat, Poultry, Seafood and Processed Products, and other items as

deemed appropriate) functions as a Service and Quality Assurance check for our DoD

customers to ensure the war fighters are receiving products of an optimum quality level.

The audit objectives focus on the following to ensure:

i. Prime Vendor adherence to contract requirements

ii. The quality level of the materials supplied is satisfactory and uniform throughout the

DSCP-FT Prime Vendor Regions.

iii. There is no product misrepresentation or unapproved substitution.

b. The Audit objectives are accomplished utilizing the expertise of the U.S. Dept. of

Agriculture (USDA) Agricultural Marketing Service (AMS) Meat, Poultry and Processed

Products Graders, U.S. Dept. of Commerce (USDC) National Marine Fisheries Services

and DSCP-FT Quality Assurance personnel. Representatives from the above agencies

form the DSCP Worldwide Food Audit Team.

c. Each Prime Vendor will undergo an initial audit once per contract period with the first

audit occurring during the base period and other initial audits occurring once per option

period. The Audits are conducted as a product cutting. The average cost of one Food

Audit is approximately $9,500.00 (product cost only). As a Prime Vendor you will be

expected to provide samples of the government’s choice of a cost of approximately

$9,500.00 per audit. Additional cost may be incurred by the PV if the PV's facility does

not have a facility/kitchen or the equipment needed to perform the audit.

2. Audit Process

a. The Prime Vendor will be given advanced notice of sixty (60) calendar days

of an impending audit. The Government reserves the right to conduct unannounced food

audits.

b. DSCP Worldwide Food Audits are typically a three (3) day process. Day

one is devoted to sample selection at the Prime Vendor’s warehouse. Day two and

three encompass the performance of the actual audit.

c. Once an audit has been scheduled, the DSCP Lead Auditor will arrive at the Prime

Vendor’s warehouse on day one and provide a list of items identified for evaluation and

select items to be inspected during the course of the audit.

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

d. Items selected for evaluation will be segregated from the Prime Vendor’s regular

inventory and appropriate procedures shall be used to maintain the integrity of the

samples. Evidence that the Prime Vendor has replaced or tampered with samples, or

otherwise interfered with the audit samples and/or audit process will result in the PV

failing the audit. One or more audit failures may be grounds for terminating the contract.

e. During the Audit (days two and three), the DSCP Quality Assurance Representative will

assign an item rating based on compliance with or departure from stated requirements as

specified in the DSCP NSN, LSN, or NAPA catalogs. Items will also be audited to

determine compliance with the Berry Amendment, approved source requirements, FDA

Retail Food Code, USDA Warehousing Standards, Good Manufacturing Practice,

additional provisions of the Code of Federal Regulations and other applicable standards.

f. Deviations from the contract or stock number requirements will be color coded and

classified based on the severity of departure from requirements as follows:

PV PRODUT AUDIT RATINGS (COLOR CODE RATING SYMBOLOGY)

ACCEPTABLE (GREEN) = Acceptable. No deviations from the contract or the item

description stock number requirements.

MINOR NONCONFORMANCE (YELLOW) = Not fully acceptable. A Minor

nonconformance is a deviation from the contract or the item description stock number

requirements. This minor nonconformance is not likely to materially reduce the usability

or serviceability of the item for its intended purpose or affect its condition and/or the

continued storage of the item for further use. Examples of minor nonconformances:

Cataloging issues;

Minor workmanship/fabrication violations; Minor

weight/portion control violations; Items that exhibit very slight freezer burn or

dehydration on some sample units; Minor workmanship/fabrication or minor

weight issues; Minor deviations from packing, packaging, labeling and marking

requirements that would not necessitate a regulatory market suspension or affect

DSCP’s ability to recall the item. ACTION REQUIRED: This nonconformance

requires attention from the PV. Minor nonconformances may be tolerated by the

customer for a short period of time (until the PV receives a new product at

OCONUS but for no more than 30 days at CONUS locations).

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

MAJOR NONCONFORMANCE (BLUE) = A major nonconformance, other than critical, is a

deviation from the contract or the item description stock number requirements. This major

nonconformance is a deviation that materially affects or is likely to have a major affect on the

serviceability, usability, condition and/or continued storage of an item for further use. Examples

of major nonconformance's: Domestic source/regulatory/approved source violations; Wrong

item; Grade failures or mismatch; Major workmanship/fabrication violations; Major

weight/portion control violations; Item shelf life/ expiration date violations; Not latest season

pack/crop year violations; Items that exhibit major freezer burn or dehydration, temperature

abuse, and/or other off condition that although not likely to result in hazardous or unsafe

conditions, the defect and/or combination of defects materially affect the item serviceability for

its intended purpose and/or prevents the performance and production of an end item/meal by the

customer; and/or major deviations from packing, packaging, labeling and markings that would

necessitate a regulatory market suspension or have a major affect on DSCP’s ability to recall the

product. ACTION REQUIRED: PV is required to STOP ISSUE

of the item, unless otherwise

approved by the Contracting Officer.

CRITICAL NONCONFORMANCE (RED) = A critical nonconformance is a deviation that

judgment and experience indicate consumption of the item is likely to result in hazardous or

unsafe conditions for individuals. An item will receive a Red Rating if it contains a critical

defect(s) that involve food safety issues such as wholesomeness, foreign material, contamination

or adulteration issues that judgment and experience indicate consumption of the item is likely to

result in hazardous or unsafe conditions for individuals. Examples of critical nonconformance’s:

Items with food safety concerns are those items that exhibit decomposition, contamination,

foreign material, and/or other conditions that render an item unfit for human consumption

ACTION REQUIRED: PV is required to STOP ISSUE

of the item, immediately NOTIFY

DOD CUSTOMERS, REQUEST RETURN of the item in question, and notify supplier/producer

of the item (if applicable).

NOTES:

1/ MAJOR NONCONFORMANCE (BLUE) = In PV OCONUS locations only, the

Contracting Officer may approve continue issue of the item because of location

extenuating circumstances and on a case-by-case basis. This approval is depending on

the type and severity of the deviation, DSCP Lead Auditor recommendation, customer

approval, and if the same item and/or a substitute of equal/higher technical quality is Not-

in-Stock at OCONUS location. Continue issue of the item may require and include PV

screening/rework of the nonconforming item and follow-up Government inspection/audit

to verify action taken by the PV (at no cost to the Government for inspection/travel

costs). At CONUS/OCONUS locations, only the Contracting Officer, not the customer

or the Lead Auditor, has the authority to accept wrong items (not meeting item

description cited in DSCP catalogs). The Rating assigned to the item WILL NOT

changed by the Lead Auditor because of acceptance with a waiver/rework/repair of the

item in question. The DSCP Food Safety Office, at the request of the Contracting

Officer, may issue a restricted (to DSCP customers only) a Hazardous Food Recall for all

those items originating from an unapproved source and distributed to DSCP customers

worldwide.

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

2/ CRITICAL NONCONFORMANCE (RED) = The DSCP Food Safety Office will

issue a Hazardous Food Recall for all critical nonconformance’s involving items with

food safety concerns that render an item unfit for human consumption or may present a

health hazard for DOD customers. If applicable, the Contracting Officer should suggest

suppliers/producers of the item to review shipping documents to ensure the same item

was not delivered to other DOD customers.

3. Prime Vendor Audit Preparation

The PV is responsible and will bear all costs for the facility and the equipment/supplies used during

the audit. Immediately upon receipt of the audit notification, the PV shall make arrangements to use

their normal product cutting room/kitchen (if adequate) or find another facility for the audit . If there

is no space available at the PV facility or the space is inadequate other arrangements must be made by

the PV. The room must be equipped with running water. Clean up of the cutting area/room and

continuous clean up of equipment will be the PV’s responsibility. The PV must call the Lead Auditor

to discuss the location, adequacy of the facility, and equipment available as soon as possible but no

later than 45 Calendar days prior to the audit. The following is the list of equipment needed:

(1) Freezer storage area to store samples selected

(2) Chill area for tempering product for approximately 10 + pallets

(3) Tables for conducting the audit and demonstration.

(4) Sinks/wash area equipped with sanitizing soap for cleaning knives and equipment.

(5) Water jet spray attachment for the sink

(6) Pans or work area in close proximity to a sink area to drain/purge from packaged

product.

(7) Deep fat fryer.

(8) Microwave.

(9) Calibrated scales – A scale capable of weighting portion control items and roasts; a

large scale capable of weighting large cases (weighing up to 70 pounds); a digital

portion scale capable of weighting in ounces and grams.

(10) A minimum of 10 large flat baking sheet pans, plastic trays or some type of tubs to

place thawed meats.

(11) Cart to move samples around.

(12) Cutting boards (two or three)

(13) Large trash cans with bags.

(14) Power hook-up for 3-4 computers

(15) Access to a copy machine

(16) Small box for ground beef samples (Approx. 10 oz) and dry ice or cold packs for

mailing.

(17) Miscellaneous supplies: Paper towels; heavy-duty plastic bags; one box of large

latex gloves; paper flip chart/easel with markers (RED, BLUE, ORANGE, GREEN,

BLACK); cellophane tape;

(18) Optional but considered highly desirable: Cloth towels and floor covering to

maintain clean and sanitary floor areas.

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

4. Sample List/Selection of Samples

The DSCP Lead Auditor will provide a list of sample items upon arrival at the PV facility. Two

samples for each item will be selected. A pick list/picker stickers, six month velocity or usage

report, and an on-hand inventory quantity report (i.e. number of cases on hand) should be

developed for each item after receipt of the list. In addition, since all Seafood items are required

to originate from an approved domestic source, copies of certificates/documentation for these

items and any item on the list that is required to be certified must be available for review upon

arrival at the facility. Warehousing assistance will be required to pull and prepare samples for the

audit. Assistance with moving samples from the storage areas to the audit area and also

continuous removal of items after review will be required on audit days. Some samples will

require tempering/thawing. An area will need to be provided for the sample tempering process

with a capacity for at least 10 or more single layer pallets side by side. In order to rapidly temper

these items the warmest area at the facility will be needed. Upon tempering the items will need to

be placed in a chilled environment. All samples must be stored in controlled conditions to protect

from abuse or tampering. The meat audit items (approx.13-20) will be primarily Center of the

Plate –Beef and Pork- Steaks, Roasts, Chops, Diced, and Ground items. Ground Beef Bulk and

Patties will be sent to the USDA laboratory for Analytical testing- Fat only. The PV will need to

arrange for the shipping of the samples approximately 4 ounces, except in OCONUS areas where

prohibition exists or it is impractical. The seafood items (approx. 13-20) will consist of Fish -

Portions, Sticks, Fillets, and Steaks, Shrimp, Lobster, Crab, Clam, Oyster, and Crawfish. Poultry

items (approx. 13-20) will also be center of the plate items. Processed Products Fruit and

Vegetable will consist of approximately 13-20 Items.

5. Audit Results

The audit results are performance indicators that will be used in conjunction with a firm’s

past performance. DSCP considers 85% acceptability for each category (Meats, Poultry,

Seafood, and Processed Products) as the minimum standard for acceptable performance. Prime

Vendors will be given a detailed report on each product reviewed. It will be the Prime Vendor’s

responsibility to take immediate action to correct any deficiency uncovered during the audit.

Corrective action must include action to address the deficiency and the system which allowed the

deficiency to occur. Audit failures and/or failure to take corrective action will be grounds for

terminating the contract.

6. Follow-Up Audits

Follow up audits may be scheduled within a one-year period of the initial audit as

deemed necessary by the Government. Grounds for follow-up audits include but are not

limited to failure to obtain an acceptable rating (<85%) in one or more commodities,

repetitive failures, and customer complaints. All samples, audit facility, and

equipment/supplies needed for the follow-up, same as indicated above for the initial

audit, are to be at the expense of the Prime Vendor.

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SOW – Description and Specifications (continued)

X. Prime Vendor Quality Systems Management Visits and Audits (continued)

7. Audit failures

As noted herein, audit failures and/or failure to take connective action will be

grounds for terminating the contract. The government may, at its discretion, take

other action to address the audit failure such as, but not limited to unannounced

QSMVs or follow-up audits. Such action will not eliminate the government’s

right to terminate the PV contract should the deficiency or system which allowed

the deficiency to occur remain uncorrected.

XI. JUICE AND DRINK DISPENSERS, SOFT SERVE/YOGURT MACHINES, HOT SOUP AND

CEREAL DISPENSERS

A. When requested, the prime vendor shall furnish beverage, hot soup, and cereal dispensing

machines, and soft serve/yogurt machines, as specified herein. The upkeep of the machines

consisting of, but not limited to, labor, transportation, and supplies required to repair and maintain

the equipment, shall be the sole responsibility of the contractor. Maintenance or replacement

shall be in accordance with normal commercial practice.

B. The contractor shall furnish mechanically refrigerated dispensing machines and heads suitable for

use with prime vendor cataloged products. A sufficient number of machines and dispensing heads

shall be installed in the customer’s facility to accommodate the specific needs of each ordering

activity. Facility exceptions must be mutually agreed upon.

C. When the situation allows, the contractor will provide a technically qualified service

representative to perform maintenance and quality control inspections on each dispensing system.

If more frequent maintenance is deemed necessary, the Prime Vendor must provide this

additional service at no additional cost. If replacement is required, the Prime Vendor shall

provide replacement at no additional cost.

D. Any equipment or material furnished by the Prime Vendor shall remain the property of the Prime

Vendor, and must be returned to the Prime Vendor at the conclusion of the contract.

XII. BRAND NAME ITEMS

A. Based on the ordering habits of the customers listed in this solicitation, the current Market Basket

or Schedule of Items and total catalog includes numerous Brand Name items. These are items

whose manufacturers have offered the Government a discount under the NAPA Program, and

which the customers have expressed a preference for, and shall be included in the catalog at the

customer’s request. This does not preclude future catalog changes during the life of the contract to

add competing products based on added value to the customer.

B. Offerors are required to submit pricing on the specific Brand Name item listed in the item

description, if applicable.

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STATEMENT OF WORK (SOW) (continued)

PACKAGING AND MARKING

I. PACKAGING, PACKING, AND LABELING

A. All packaging and packing shall be in accordance with good commercial practice. Labeling shall

be in accordance with commercial labeling complying with the Federal Food, Drug and Cosmetic

Act and regulations promulgated there under. Shipping containers shall be in compliance with

the National Motor Freight Classification and Uniform Freight Classification Code. The prime

vendor shall be responsible for abiding to any applicable packaging, packing, and marking

regulations of the various countries in/through which product will be stored/transported.

B. Semi-perishable items shall be snugly packed in shipping containers that fully comply with the

National Motor Freight Classification and Uniform Freight Classification Code, as applicable.

C. All meats, poultry, and seafood will be vacuum packed when practicable. In all instances the

packaging must protect the product from freezer burn and contamination.

D. Frozen product must be processed and packed to allow removal of the individual units from the

container without damage to that or other units. The intent is to be able to remove only that

amount of product required for current needs, without the necessity of defrosting all units.

E. Chill and freeze products must be shipped in refrigerated (Reefer) Vans and appropriately

separated per temperature requirements.

II. MARKINGS

A. To ensure that the carrier and the receiving activity properly handle and store items, standard

commercial precautionary markings such as “KEEP FROZEN”, “KEEP REFRIGERATED”, etc.

shall be used on all cases when appropriate.

B. To the maximum extent possible, nutritional and ingredient labels shall be placed on the

individual package.

C. Any delivered product not labeled with the name and address of the manufacturing establishment

must be identified as to its manufacturer by “timely” advance written notice to each installation’s

officer in charge of food service (e.g. Installation Food Advisor (IFA)). The listing is requested

in alphabetical order in respect to the shipping container nomenclature. This listing must be kept

current and provided to each Installation’s Food Advisor, Food Service Officer, or FSC on a

quarterly basis.

D. CODE DATES: All products shall be identified with readable (open code dates). All products

delivered by the Prime Vendor will have an “open coded” (month/year) “Date of Pack” (DOP)

and an “open coded” “Best When Used By Date”, “Sell by Date”, date of production, date of

processing/pasteurization or similar marking indicating the end of the guaranteed freshness date.

If the product manufacturers/producers do not use open code dating the PV should request

labeling with open code dates or shall use the origin manufacturers/producers Product Code Key

to decode the item shelf life information, decode the closed code date, and must apply the open

code date to their own label.

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SOW – Packaging and Marking (continued)

II. Markings (continued)

E. TRACEABILITY REQUIREMENTS FOR PRIME VENDORS OR PV’S SUPPLIERS RE-

PACKAGING AND RE-LABELING PRODUCTS

If the PV removes the item from the manufacturer’s original packaging/shipping container and re-

packages/re-labels an item, documentation must be maintained to trace the item back to the

original producer/packer in case of a hazardous food recall or an item is rated Red/Critical during

a DSCP audit. The PV shall maintain or request from their suppliers documentation/certificates

containing the following information: Item nomenclature, name and number of establishment,

location, country of origin, date of production/pack (DOP), lot number, etc. If

processing/production/packaging of the item occurred in more than one establishment,

documentation for each item must also be maintained/provided. These records must maintain

traceability of the item to the extent that a lot number/DOP/Code Date of an item can be traced

back to the original manufacturers/producers of an end item. The manufacturer/producer and/or

the PV’s item label shall clearly identify the item(s) shelf life information (using an open code

date) on the exterior of each case. In addition, the PV must maintain records of quantities and

when and where the re-packaged/re-labeled item(s) were shipped. The PV must be able to

show/provide DSCP Quality Auditors the documentation for samples selected during PV Product

Quality Audits or Unannounced Quality Systems Management Visits (QSMVs). It is the PV’s

responsibility to notify and ensure their suppliers understand and comply with this requirement.

The above requirements are necessary in the event of a food recall (i.e., ALFOODACT) of

potentially hazardous products when a recall is issued by a Regulatory Agency and for the PV to

isolate suspected items in order to notify customers in an expeditious manner whenever products

are rated “Red/Critical” during a DSCP audit. The above requirements serve two main purposes:

(1) To protect DSCP’s customers and expeditiously notify them in case of accidental or

intentional tempering/contamination and/or to prevent consumption of unsafe/hazardous products

and (2) To maintain traceability of re-packaged/re-labeled items in order to verify country of

origin, approved source requirement during the shelf life cycle of the item in the PV storage and

the customer's receipt/storage of the item in order to expedite the recall process for all suspected

items intended for DSCP’s customers

III. PALLETIZATION

A. All prime vendor shipments must be palletized in accordance with good commercial practices.

The Prime Vendor is responsible for the purchase of all pallets. Where practical, pallet exchange

programs will be implemented by customers. Pallets may not always be returned on a 1 to 1

basis. This does not relieve the contractor from delivering products on the proper type pallet.

Pallet retrieval and all associated costs shall be the responsibility of the Prime Vendor.

B. Cases may be mixed on the pallet, but are to be skillfully built as to allow the receiver to out

check/in check all items on that pallet.

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STATEMENT OF WORK (SOW) (continued)

INSPECTION AND ACEPTANCE

I. INSPECTION AND ACCEPTANCE

A. FOB Destination Shipments: (All shipments, unless otherwise specified by the Contracting

Officer).

Inspection and acceptance of products will be performed at destination. The inspection is

normally limited to identify, count and condition; however, this may be expanded if deemed

necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service

Advisor/Officer, or the Contracting Officer.

The Prime Vendor’s delivery vehicles shall be equipped to maintain the

appropriate temperatures and product segregation as necessary to deliver products at the proper

temperature. Deliveries shall be made in clean, closed vehicles. When transporting food items,

the vehicles shall be maintained in good sanitary condition to prevent contamination of the

material. Delivery vehicles used to deliver items under this contract shall be subject to military

veterinary inspection at destination. In addition, the delivery vehicles will be inspected for

cleanliness and condition.

The authorized receiving official at each delivery point is responsible for inspecting and

accepting products as they are delivered. The delivery ticket/invoice shall not be signed prior to

the inspection of each product. All overages/shortages/returns are to be noted on the delivery

ticket/invoice by the receiving official and truck driver. A signature on the delivery ticket/invoice

denotes acceptance of the product.

The contractor shall forward three (3) copies of the delivery ticket/invoice with the shipment.

The receiving official will use the delivery ticket/invoice as the receipt document. Two (2) copies

of the signed and annotated delivery ticket/invoice will serve as the acceptance document. No

invoice may be submitted for payment until acceptance is verified or Fast Pay has been permitted.

B. FOB Origin Shipments (Only when specified by the Contracting Officer).

Inspection and acceptance of products will be performed at the prime vendors CONUS

distribution point by a prime vendor paid USDA official. Inspection will normally be limited to

identity, count, and condition.

The USDA official will sign the prime vendor prepared DD Form 250 form denoting acceptance

of the product by the government. Invoices matching the DD250 quantities along with a copy of

the DD250 will be express mailed by the prime vendor to both DSCP and the end customer.

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SOW – Inspection and Acceptance (continued)

II. WARRANTIES

The supplies furnished under the resultant contract(s) shall be covered by the most favorable

commercial warranties that the contractor gives to any customer. The supplies and the rights and

remedies provided therein are in addition to, and do not limit, any rights afforded to the

Government by Clause 52.212-4(o) “Warranty”, “Contract Terms and Conditions-Commercial

Items” and any addendum contained in the solicitation.

III. DELIVERY TEMPERATURES, SHIPPING AND STORAGE REQUIREMENTS

The Prime Vendor is responsible for proper product storage, segregation and delivery of product

in excellent condition. The following will apply:

A. In order for frozen items to be accepted by the receiving activity, the following criteria must be

observed:

1. Packages must be solid, not soft, upon arrival;

2. Container and wrapping must be intact and in a solid condition;

3. Packages must be free of drip and show no evidence of thawing and re-freezing (i.e.

watermarks on boxes; off odor) or dehydration.

4. Cello wrapped packages will not be discolored or show other signs of freezer burn.

B. Items requiring “Protection from Heat” shall be stored and delivered at a

temperature below 70 degrees Fahrenheit or less.

C. Items requiring chilled conditions shall be stored and delivered under

refrigeration of 32 to 40 degrees Fahrenheit.

D. For ice cream, the recommended storage and delivery temperature is –10

degrees Fahrenheit and the temperature should not exceed 0 degrees Fahrenheit.

E. Containers and wrapping must be intact and not damaged. Packages will be

free of dripping and show no evidence indicating that the contents have thawed,

been refrozen, freezer burned, etc. Packages must show no evidence of

dehydration.

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SOW – Inspection and Acceptance (continued)

IV. REJECTION PROCEDURES

A. If product is determined to be defective, damaged, and/or compromised in any other manner, it

may be rejected by the receiving official.

B. When product is found to be non-conforming or damaged, or otherwise suspect, the receiving

official shall reject the item and/or determine the course of action to be taken with the product in

questions. If present, the Contracting Officer Representative (COR) may be consulted. The final

decision is to be made by the receiving official.

C. In the event an item is rejected, the delivery ticket/invoice shall be annotated as to the item(s)

rejected. These items shall then be deducted from the delivery ticket/invoice. The delivery

ticket/invoice total must be adjusted to reflect the correct dollar value of the shipment.

Replacements will be authorized based on the customer’s needs. To the greatest extent possible,

on an as-needed, emergency basis, next day re-delivery of items that were previously rejected

shall be made, so that the customer’s food service requirements do not go unfulfilled. The re-

delivered items will be delivered under a separate delivery ticket/invoice utilizing a new call

number, CLIN number, and purchase order number. These re-deliveries will not constitute an

emergency requirement and therefore will have no additional charges.

D. In the event that a product is rejected after initial delivery is made, the Prime Vendor will pick up

the rejected product. Credit due to the ordering activity as a result of the rejected product being

returned, will be handled through a receipts adjustment process in STORES. If the vendor has

already been paid for the product, a claim will be issued through DSCP’s financial system. In all

cases, one (1) copy of the credit memo is to be given to the customer and one (1) copy of the

credit memo is to be sent to the DSCP Acquisition Specialist.

E. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as

practicable. However, failure to promptly inspect or accept supplies shall not relieve the

contractor from responsibility, nor impose liability on any of the customers, for nonconforming

supplies.

F. Supplies transported in vehicles which are not sanitary, or which are not equipped to maintain

prescribed temperatures, may be rejected without further inspection.

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STATEMENT OF WORK (SOW) (continued)

DELIVERIES AND PERFORMANCE

I. CONTRACTOR ACCOUNTABILITY

In keeping with United States commitments to insure that products imported into foreign

countries for use by the United States Armed Forces is not converted to other use, the

Prime Vendor is responsible to develop and implement a system to insure accountability

of products procured by the United States under this contract. Furthermore, Prime Vendor

is required to segregate Government stocks from commercial stocks during OCONUS

warehousing and shipping.

II. CONTRACT IMPLEMENTATION/EFFECTIVE PERIOD

In the event that a follow-on contract is awarded to a firm other than the incumbent prime

vendor, the Government intends to: (i) make award at least 180 days prior to the expiration date

of the incumbent contract and (ii) establish a time phased transition schedule during the

incumbent contract’s final 120 to 180 days of operation. During the implementation period, the

incumbent Prime Vendor will remain the principal source of food and non-food supplies.

Performance failure during this period may result in the contract termination for cause. The order

of precedence for customer support is (1) the incumbent Prime Vendor (2) the new Prime Vendor.

Within (30) days after notification of award, the unsuccessful incumbent Prime Vendor will

submit its proposed ramp-down schedule to the Contracting Officer. Upon receipt and after

review and discussion, the Contracting Officer will assist the new Prime Vendor with forecasting

levels and begin the ramp-up phase. The Government will avert significant and additional over-

ocean transportation charges if the new Prime Vendor considers procuring residual levels of

inventory from the incumbent as an initial basis for creating a total asset pipeline.

At least (90) days prior to implementation, the new Prime Vendor shall be required to establish

fully functional catalogs and have its distribution systems in place, including all EDI support

systems, for all customers under their respective contract(s). At 60 days prior to implementation,

the new PV will submit its first Total Asset Visibility (TAV) Report to the Contracting Officer.

This report shows, by item and quantity, the location of each product in the pipeline, whether on

order, in the PV's CONUS warehouse, on the water, or in the PV's OCONUS warehouse. The

New Prime Vendor shall fully prepare to support all customers under the contract at least 30 days

prior to expiration date of the incumbent contract. It is the Government’s intent to have all orders

placed under the new Prime Vendor contract when the incumbent contract expires. However, the

Government reserves the right to phase in customer ordering points when it is in the best interest

of the Government.

To fulfill requirements of contract, the contractor will begin preparation for performance on the

contract at time of award. Fulfillment of requirements of the contract incorporates the previously

described ramp up phase. Base period of contract begins when the first customer order is placed

with the prime vendor. Base period consists of 24 months.

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SOW – Deliveries and Performance (continued)

III. ITEM AVAILABILITY

Items must be stocked in sufficient quantities to fill all ordering activity requirements. Surges in

demand must be taken into consideration when determining stocking procedures. Also, lead

times from CONUS to OCONUS must be considered.

IV. DELIVERY INSTRUCTIONS

Normal routine deliveries shall be made within 6 days after order placement. Note, the 6 days represents

the lead-time for Kuwait land based customers and the date of shipment to Iraq Zone based customers.

For example, an order placed before noon on March 1

would have a required delivery date of March 7

for sites in Kuwait and a ship date of March 7

for customers located in Iraq. Exceptions may apply for

remote areas and communication problems.

A. Unless otherwise specified by the Contracting Officer, deliveries shall be F.O.B. destination to all

ordering activities and delivery points. All items will be delivered to customer locations, within

the scheduled delivery period, free of damage, with all packaging and packing intact. Dependent

upon the specific customers, deliveries shall average 1-3 times per week to each customer, unless

the customer and the prime vendor agree upon more or less frequent stops.

B. Pallet return may not be allowable either due to customer missions(s) or country custom

regulations. Where allowable and practical, pallet exchange programs will be implemented by

customers. Pallets may not always be returned on a 1 to 1 basis. The prime vendor shall remove

all empty pallets and all excess packaging materials on the next delivery.

C. Prime vendor contractors should be aware that projected feeding strengths at each Military

location are subject to fluctuations based on a variety of factors; i.e., seasonal increases/decreases

in personnel, surges in personnel during training exercises or crisis situations, or troop transfers,

etc. Therefore, it is critical that prime vendor customer service representatives should be able to

converse fluently in English, and maintain open communications with the individual bases to be

aware of these fluctuations and work closely with the customers to provide the increased quantity

and frequency of deliveries needed during these critical times.

D. Installation delivery routes and stop-off sequences will be coordinated and verified with the

installations on a post award basis by the awardee(s).

E. All deliveries are subject to military inspection at destination. Delivery vehicles may be required

to stop at central locations for inspection or convoy support before proceeding to or leaving

assigned delivery point(s). The prime vendor must maintain records and provide a signed copy of

the delivery ticket/invoice per U.S. Government instructions.

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SOW – Deliveries and Performance (continued)

IV. Delivery Instructions (continued)

F. All shipments to Iraq must be accompanied by military escort. A number of procedures are

required for this process and can change per military direction. Below describes the general

course of events required:

1. Within 72 to 96 hours of the ship date, the prime vendor will be required to notify the

Movement Control Teams of the number of containers to move and destinations.

2. Containers must be ready for shipment at least 8 hours prior to scheduled departure time

as established by the movement control team.

3. GPS devices and placards must be affixed to the containers and vehicles at least 2 hours

prior to the scheduled move.

4. The prime vendor must have the required personnel stationed at the various “key transit

points” or “Hub” sites throughout Iraq, 13

COSCOM and MNF-I in order to perform

communications, tracking, yard management, driver control, etc. in order to facilitate

both forward and retrograde movements.

5. Prime vendors will be required to track and know all container whereabouts, contents,

how long containers have been at locations, etc…. Reports will be required to be

submitted on a daily basis to the Contracting Officer indicating deployed vehicle assets

and their positions.

6. Several drop points are expected for shipments to the various base locations. Purchase

orders from different DODAACs should not be combined on the same vehicle unless

authority is granted by the U.S. Government Contracting Officer or COR.

7. Lifting the containers onto a flatbed truck (a combination of twenty-foot equivalent units

and forty-foot equivalent units) may be required and the prime vendor must have material

handling equipment (MHE) to support this function. Expected MHE in support of Iraq

would include a 15 ton forklift, a 7 ton forklift, and a crane, including operator, diesel and

maintenance, available on a twenty-four (24) hour per day basis.

G. Delivery point information is provided below. The Iraq Dining Facility (DFAC)

locations will be the destination of delivery whereas for Mobile Kitchen Trailer (MKT)

requirements, there will be many occasions where the customer will pick-up products during a

transload process at a key transit point or “Hub” site. For Zone I Iraq customers, expectations are

for sites to require delivery cycles once every five days. For Zone I Kuwait customers,

expectations are for sites to required delivery cycles every other day. For Zone 2 Iraq customers,

expectations are for sites to require delivery cycles once every four days. An ordering sequence

will be developed to spread the customer orders out in order to prevent all orders / “pushes” to be

on the same day.

H. The customers should not be contacted regarding questions concerning delivery prior to contract

award. Offerors are advised to contact the Contracting Officer(s) or the Contract Specialist(s) for

any such information. Post award, Services will have representatives available from a

combination of HQ staff, deployed commands and dining hall representatives.

I. Products for individual customers/dining facilities must be segregated. Many of the military

bases have more than one delivery point. All products shall be segregated by drop-off point. The

intent is to provide expeditious off-loading and delivery to the customer.

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SOW – Deliveries and Performance (continued)

IV. Delivery Instructions (continued)

J. The offeror shall also ensure that the personnel loading and delivering the product provide

prompt and efficient service to the customer. Drivers should carry picture ID's, and comply with

badge requirements and any other internal ID and security requirement of the specific site. Trucks

should also be properly registered with each activity to ensure smooth admission to the

compound, while fully honoring all in-house security protection measures of the military

activities.

K. Delivery to airfields, airports may also be required. The prime vendor will be required to

palletize, cover, strap down and transport cargo to the designated airfield. The prime vendor will

be required to properly prepare/process any and all required documentation before items are

accepted for airlift transport. Once the prime vendor ensures that said documentation is properly

filled out and all cargo is safely palletized and passes inspection, the air pallets will be loaded

onto the awaiting aircraft.

L. DELIVERY POINTS

Zone 1 – Kuwait:

Locations are scattered throughout Kuwait. Significant delays may be experienced due to base

security procedures. Most locations are within 120 minutes of the airport. Most locations will

require deliveries every other day. However, FF&V and LMR may be required every day. Listed

below is a general guide as to the number of delivery points. The names of the facilities and even

the locations will change based on force protection requirements. In other words, the locations

may have temporary closures, move to other areas and new areas may be added. Locations have

sufficient access to accommodate 40 FT trucks; however, the prime vendor will need to use a

forklift or pallet jack since the sites tend to lack loading docks.

Service DODAAC Unit Name

Air Force FT9294 Ali Al Salem

Army W98SAL Ali Al Salem – LSA

Army WKNB01 Kuwait Naval Base

Army W9SPOD SPOD – Shuadia Port

Army W9UNIT SPOD - MSD73

Army N57007 SPOD - Ocean 6

Army W9APOD APOD – Fintas

Army WZONE1 Camp Arifjan

Army WZONE2 Camp Arifijan

Army WARLTN Camp Arifijan – Zone 6

Army W9VIR2 Camp Virginia

Army W90FSC Camp Virginia

Army W98BER Camp Ber 2

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SOW – Deliveries and Performance (continued)

IV. Delivery Instructions (continued)

L. Delivery Points (continued)

Zone 1 – Northern, Central, and Southern portions of Iraq

U.S. Government estimates there to be approximately 65 Dining Facility (DFAC) locations and

38 Mobile Kitchen Trailer (MKT) Locations through Northern, Central, and Southern Iraq.

It is anticipated that the northern Iraq DFACs and MKTs, approximately 14 and 23 respectively,

will receive as a minimum their FF&V and LMR support via delivery routes originating from

Turkey.

Zone 2 – Jordan & West Central portion of Iraq

U.S. Government estimates there to be approximately 9 DFAC locations and 5 MKT locations

through West-Central Iraq to be supported via delivery routes originating from Jordan. At this

time, there is no requirement for support to site locations in Jordan.

M. All orders shall be accompanied with three copies of the delivery ticket/invoice documents.

N. Kuwait and Jordan customers may cancel orders up to 8 hours prior to delivery. Iraq customers

may cancel orders prior to truck sealing. No restocking charges apply.

V. TERMS OF INDEFINITE QUANTITY CONTRACT

A. The duration of the contracts(s) is for a two (2) base term and two (2) two (2) year option periods.

The ordering period begins after the first order is placed. The effective contract period will run

from the day the first order is placed until two years thereafter.

B. The contractor’s implementation period is defined as the timeframe which begins immediately

after award and ends when the first order is place. The Prime Vendor shall submit a proposed

implementation schedule to the Contracting Officer within thirty (30) days after award

highlighting the steps that will be taken to implement a fully functional distribution account,

including all EDI transactions (and testing), for all customers covered by this solicitation. Fully

functional catalogs must be established within ninety (90) days after award. The prime vendor

must submit its first Total Asset Visibility (TAV) Report to the Contracting Officer within 120

days after award. This report shows, by item and quantity, the location of each product in the

pipeline, whether on order, in the PV’s CONUS warehouse, on the water, or in the PV’s

OCONUS warehouse. The Prime Vendor may be required to support a phased in number of

customers within 120 days after award and is required to support all customers under the contract

within 180 days after award.

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SOW – Deliveries and Performance (continued)

VI. FILL RATE/SUBSTITUTIONS

A. Order fill rates shall be calculated on an on-time, per order basis and tracked for weekly and

monthly submission to the Contracting Officer, Contract Specialist and Contracting Officer

Representatives. The fill rate shall be calculated as follows and shall not include substitutions,

mis-picks, damaged cases, etc.:

(Cases accepted/cases ordered) X 100 = Fill Rate %

B. Definitions:

1. Cases accepted:

The product that the customer has received and receipted not including

damaged cases, mis-picks, and product substitutions.

2. Cases ordered:

The product requested by a customer.

C. All orders placed by the customer are made on a “fill or kill” basis. If an item cannot be delivered

at the required delivery date of the original order, the item is considered Not in Stock (NIS). If the

customer chooses to have a replacement item delivered, they must place a new order in the

STORES system for this item and a delivery will be made within the required delivery schedule.

D. The awardee must maintain a minimum fill rate of 97% or above as part of their contractual

requirement.

VII. HOLIDAYS

All orders are to be delivered on the specified delivery date. However, when a scheduled

delivery falls on a holiday, the Prime Vendor shall make delivery arrangements in advance with

the customer to prevent disruption of service. Upon request, the Contracting Officer

Representative will assist in identifying country specific holidays.

VIII. EMERGENCY ORDERS

The Contractor must be able to receive and process purchase orders on any day of the

week to include holidays. Delivery days and times are not restricted and may be every

day of the week. The Prime Vendor will provide a minimum of two “emergency” orders

(excluding mobilization actions) per month per customer at no additional charge.

Emergency orders are those that are required outside normal delivery schedules.

The Prime Vendor is responsible for providing the ordering facilities with the name of the

contractor representative responsible for notification of receipt and handling of such

emergency service and his/her phone number, e-mail address, and/or pager number.

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SOW – Deliveries and Performance (continued)

IX. AUTHORIZED RETURNS

A. 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. Quantity excess as a result of order input error/and or purchase ratio factor error; and

10. Any other condition not specified above that is determined a valid reason for return by

the customer.

X. SHORT SHIPMENTS AND SHIPPING ERRORS

A. The receiving official will annotate short shipment(s) on the delivery ticket/invoice(s) that

accompany the delivery. The prime vendor’s representative (the truck driver, transportation

officer, or squad leader), will acknowledge and counter-sign the delivery ticket/invoice.

B. Any product delivered in error by the Prime Vendor must be picked up on the next delivery day

after notification by the ordering facility.

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SOW – Deliveries and Performance (continued)

XI. SURGE AND SUSTAINMENT

A. The primary mission of the Defense Logistics Agency (DLA) is to support the military in peace

and during contingencies. The ability to ramp-up quickly to meet early requirements, and to

sustain an increased pace throughout the contingency are critical to the execution of U.S. military

strategy. DLA’s designation as a Combat Support Agency makes it directly responsible for the

timely support of critical supplies to the Combatant Commanders in support of their operational

requirements. Because of DLA’s unique role, surge and sustainment capability is a primary

consideration in all acquisitions. All DLA contractors are accountable for surge and sustainment

performance, ensuring surge capability actually exists and validating surge capability through

surge testing.

B. The DLA defines surge as the ability to ramp up quickly to meet early requirements normally

needed within the first 45 days. These surges in demand may increase the estimated demand up

to 3 times. Sustainment is defined as the ability to sustain an increased pace throughout the

contingency(s) for six months or longer. The spectrum of possible contingencies includes major

theatre and smaller scale contingency operations. The various contingencies are as follows:

i. Joint Chiefs of Staff (JCS) Logistics Exercises – The contractor must have the

ability to support short term surges in demands. There may be occasions where

large increases in quantity will be necessary for short periods of time and on

short notice. An example of a surge situation would be an increase in military

feeding two times the normal demand for a period of up to 30 days. Normally,

there is advance notice as to when exercise surges will occur.

ii. Military Operations – The contractor must have the ability to support surges in

demand, which may be needed for an extended period of time on short notice.

An example of military operations would be US peacekeeping missions, Bosnia

support and Operation Enduring Freedom. For this type of scenario, the

capability to ramp-up quickly to meet early requirements, as well as sustainment

for an extended period of time is essential.

iii. Mobilization - A full-scale military mobilization or a national emergency could

increase supplies to those items and quantities listed in the Prime Vendor Go To

War Catalog. This increase in quantity may be needed for a six-month period or

longer. Normal mobilization strategies provide lead times of at least 30 days to

build to the necessary support level. The contractor must have the ability to

support this increased level of supply for an extended period of time.

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SOW – Deliveries and Performance (continued)

XI. Surge and Sustainment (continued)

C. PRIME VENDOR GO TO WAR CATALOG

(Beyond the estimated quantities identified in the schedule of items, attachments 4 thru 7)

1. The Prime Vendor Go To War Catalog was developed to identify surge and sustainment

requirements for commercial food items. The items listed in the catalog clearly describe

items and quantities needed for surge and sustainment. These items provide a baseline

against which the prime vendor, the government, or accounting firms hired by the

government, can assess its supplier base capabilities and determine shortfalls. It also

provides a baseline against which surge and sustainment performance can be measured

and for which the prime vendor will be held accountable.

2. The Prime Vendor Go To War Catalog items represent all of the military services

contingency menus with consideration given to the each service’s individual recipes. The

catalog consists of a broad category of items identified as Category Stock Numbers

(CSNs). There are approximately 370 CSNs. Each CSN includes a list of acceptable

equivalents or substitutes.

3. The intent of the Prime Vendor Go To War Catalog is for the contractor to maintain the

wartime catalog items in specified quantities at all times if these products are designated

to be included in the catalog for this zone. For example, items that are only used by the

Navy may not be selected for inclusion in a specific vendor’s catalog even though these

products are part of the wartime catalog if this vendor’s normal customers do no include

the Navy. However, during a major theatre war including Navy participation in the zone,

such non-cataloged items will need to be phased into the vendor’s OCONUS inventory.

The contractor’s technical proposal and surge and sustainment assessments need to

include the timeline and specific sourcing methodology to be utilized in order to bring

these items to theatre. This timeframe should generally comply with the normal pipeline

(49 days port to port transport) but should also include airlift parameters. The

Government reserves the right to verify the feasibility of the support plans with suppliers

and transportation specialists.

4. For this solicitation, offerors are required to address a partial list of approximately 50

CSNs. The partial list of CSNs can be accessed at

https://spiders.dla.mil/Spiders/Main/Main_List_Documents.asp

5. Select the document entitled “Wartime Catalog Solicitation Submission”. Download the

spreadsheet and complete the required information. The spreadsheet will consist of four

(4) worksheets: Worksheet 1 – Instructions, Worksheet 2 – CSNs, Worksheet 3 –

Equivalent/Substitute NSNs, Worksheet 4 – Surge & Sustainment Requirements (Items

& Quantities).

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SOW – Deliveries and Performance (continued)

XI. Surge and Sustainment (continued)

C. Prime Vendor Go To War Catalog (continued)

6 The surge & sustainment requirements listed on Worksheet 4 of the Go to War Catalog

are based on estimates. The government planners must determine the maximum

product

availability that can be achieved under this contract. No one prime vendor is expected to

meet the quantities listed on worksheet 4. Surge & sustainment requirements are

provided for information only. If the surge & sustainment requirement determination

process for Prime Vendor commercial items is redefined, the government reserves the

right to make the necessary adjustments.

7. The available quantity information is used to analyze the offeror’s surge and sustainment

capability. The manufacturer or distributor must determine the maximum

product

availability that can be achieved with existing inventory policies, facilities and provider

relationships. The available quantity information requested over a six month period is in

increments of 30 days. This will require offerors to contact manufacturers and suppliers

for committed quantities.

8. A printed copy of the offeror’s Wartime Catalog Solicitation Submission Spreadsheet

must be returned with this solicitation. THE INFORMATION REQUESTED IS

CONSIDERED PROPRIETARY AND RESTRICTED TO DULY AUTHORIZED

GOVERNMENT PERSONNEL.

9. The government reserves the right to verify the information submitted prior to contract

award.

D. SUPPORT PLANNING INTEGRATED DATA ENTERPRISE READINESS SYSTEM

(SPIDERS)

1 SPIDERS is the Subsistence web based data collection tool used to improve readiness

and asset visibility. This is DSCP’s current planning tool used by the Subsistence Industrial

Base Planning Office, DSCP-FTG, to obtain a basic understanding of the prime vendor’s

capability for surge and sustainment items listed in the Go To War Catalog.

2 The successful offeror will be required to request a SPIDERS user account at

https://spiders.dla.mil

. A user account will be needed to furnish additional readiness

information or attach documents, such as the Contractor Readiness Capability Plan, directly

into SPIDERS. In addition, the successful offeror will be required to report available

quantities for the complete list of items in Prime Vendor Go To War Catalog within 180 days

of Contracting Officer notification.

3. Points of contact for the Prime Vendor Go To War Catalog and SPIDERS:

Elaine Keller Nicholas McGinty

DSCP-FTG DSCP-FTG

215-737-8052 215-737-4252

[email protected] [email protected]

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Deliveries and Performance (continued)

XI. Surge and Sustainment (continued)

E. CONTRACTOR READINESS CAPABILITY PLAN

1. The offeror must submit a comprehensive readiness plan or contractor capability

assessment indicating how the requirements in the Go To War Catalog Solicitation

Submission Worksheet will be supported. The contractor must address the amount of

increased demands that can be handled for surge (first 45 days) and identify the length of

time the contractor would require to ramp up. The contractor must indicate the length of

time this increased pace could be sustained (at least six months or longer). The readiness

capability plan should describe and/or include all aspects of supply chain management.

The offeror must submit evidence of the following capability: (1) evidence of ability to

utilize additional suppliers or subcontractors, as needed (2) ability to access additional

warehouse and distribution operations overseas and in the United States to include labor,

(3) ability to transport and store massive amounts of food for a specific period of time,

(4) knowledge of international ports, roadways and checkpoints and required

documentation (5) identification of problem items in the Go to War Catalog or logistical

issues for which surge & sustainment cannot be easily met along with proposed solutions.

2. For this solicitation, include your completed Wartime Catalog Solicitation Submission

Spreadsheet with your Readiness Capability Plan. However, the successful contractor

must address the complete list of Prime Vendor Go To War Catalog items within 180

days of contract award. When completed this will be incorporated into the successful

contractor’s Readiness Capability Plan.

F. VERIFICATION/TEST

The government reserves the right to verify the contractor’s surge and sustainment capability and

the Contractor Readiness Capability Plan

. Verification may include any methodology that can

validate the contractor’s capability. Verification will include but is not limited to participation in

JCS Logistical exercises, paper exercises, simulations, live exercises, command post exercises,

etc. Verification will require the contractor to permit government personnel access to records,

systems data and facilities. Access will only be needed during normal business hours.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

STATEMENT OF WORK (SOW) (continued)

CONTRACT ADMINISTRATION DATA

I. CONTRACTING AUTHORITY

A. The DSCP Contracting Officer is the only person authorized to approve changes, or modify any

requirement of the contract. Notwithstanding any provisions contained elsewhere in the contract,

said authority remains solely with the DSCP Contracting Officer.

B. In the event the vendor effects any change at the direction of any person other than the DSCP

Contracting Officer, the change will be considered to have been made without authority and no

adjustment will be made. The Contracting Officer must authorize any modification or costs

associated with a change.

C. Requests for information on matters related to this contract, such as an explanation of terms or

contract interpretation, shall be submitted to the DSCP Contracting Officer.

II. INVOICING

A. Each delivery will be accompanied by the contractor’s delivery ticket/invoice. Three (3) copies

(an original plus two) shall accompany the shipment. The customer shall sign all copies of the

delivery ticket/invoice, keep one (1) copy and return original copy to the vendor. Any changes

must be made on the face of the invoice; attachments are not acceptable.

B. If award is based on method II pricing, premium distribution invoices ; i.e., GFM storage,

transportation officer program, squad leader program, etc. must be validated by the Contracting

Officer Representative and approved by the Contracting Officer prior to electronic submission for

payment.

C. All invoicing for payment is to be filed electronically using EDI transaction set 810 (see

attachment). No paper invoices shall be submitted to DFAS for payment. All invoices

submitted by the Prime Vendor must be “clean”, i.e. all debits and/or credits must be

reflected on the invoice prior to submission.

D. Invoice transactions may be submitted to DSCP daily; however, it cannot be stressed

enough that all internal debit/credit transactions must be completed prior to the submission

of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect

quantities delivered or prices charged will be rejected. The vendor will be responsible for

correction and re-submission.

E. The same invoice cannot be submitted with different dollar amounts.

F. Vendors will be required to submit test 810 transactions sets 30 days prior to the first order.

G. Invoices may not be submitted as “LIVE DATA” until a test transaction set has been cleared.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Contract Administration Data (continued)

II. Invoicing (continued)

H. For catch weight items, standard rounding methods must be observed, i.e. less than 5:

rounded down; 5 or greater: rounded up. All weights must be rounded to whole pounds

using standard rounding methods. Any line submitted for other than whole numbers will be

rejected and require correction and re-submission by the vendor.

I. Unit prices and extended prices must be formatted not more than two (2) decimal places to the

right of the decimal point. STORES will not accommodate positions of 3 and above beyond the

decimal point.

J. The following address must appear in the “Bill To” or “Payment Will Be Made By” block of the

contractor’s invoice:

DFAS – Columbus Center

Attn: DFAS-CO-SEP

PO Box 182317

Columbus, OH 43218

K. Each invoice shall contain sufficient data for billing purposes. This includes, but is not limited to:

1 Contract Number, Call or Delivery Order Number, and Purchase Order Number;

2 DoDAAC;

3 Contract line listed in numeric sequence (also referred to as CLIN order);

4 Item nomenclature

5 LSN or NSN;

6 Quantity purchased per item in DSCP’s unit of issue;

7 Clean invoices must be submitted; and

8 Total dollar value on each invoice (reflecting changes to the shipment, if applicable).

L. Vendors are required to use the Reconciliation Tool to identify and correct mismatches between

invoices submitted and customers posted receipts. It is the responsibility of the Prime Vendor to

adjust as necessary and communicate with the customer or DSCP as needed, in order to resolve

any/all discrepancies.

M. The supplier is required to include the following statement on their invoice:

"The DSCP surcharge is not included in the cost of goods."

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Contract Administration Data (continued)

III. PAYMENTS

A. DFAS Columbus Center is the payment office for this acquisition.

B. Payment of delivery orders will be made in accordance with the terms and conditions of

Paragraph (i) of Clause 52.212-4 “Contract Term and Conditions – Commercial items” and any

addendum, appearing in the section of this solicitation entitled “Contract Clauses”.

C. Except as indicated in paragraph D below, payment is subject to the terms and conditions of the

Prompt Payment Act (31 U.S.C. 3903). All 810 electronic invoices must be submitted with

accurate, sufficient, clean data before any payment can be made. Iraq invoices that exceed the

$500K threshold shall be scanned and e-mailed separately to [email protected]

. DSCP will

enter the receipt records into STORES. However, the prime vendor shall not submit the 810

invoices for payment until the signed delivery ticket/invoice has been received directly from the

customer.

D. Fast pay procedures are applicable to any purchase order invoice for a delivery into Iraq that does

not exceed $500,000.00. Kuwait invoices do not apply. Fast Pay authorization expires on

August 3, 2009 or until Iraq is no longer designated as a contingency zone, whichever occurs

first. The following conditions and procedures apply for all fast pay invoicing and payment:

i. Within 72 hours after sealing trucks, the prime vendor shall submit

applicable delivery ticket invoices to DSCP. The prime vendor must scan and e-

mail the invoices to [email protected]

and [email protected] or as otherwise

directed by the Contracting Officer. Additionally, the prime vendor shall create a

spreadsheet listing all of the delivery ticket invoices to include the invoice

number, purchase order number, call number, lead contract line item number

(CLIN), CLIN extended dollar amount and an additional column for the prime

vendor to later annotate the date that the actual signed invoice was forwarded to

DSCP. The spreadsheet shall be forwarded on a weekly basis to include all

delivery ticket invoices submitted that week. The spreadsheet must be sorted by

contract number and e-mailed to the points of contract identified above.

ii. DSCP will enter the receipt records into STORES.

iii. Based on the order required delivery date (RDD) (an average of 9 to 14 days

after order placement), the prime vendor may submit applicable 810 invoices for

fast payment purposes.

iv. The prime vendor shall express mail to the Contracting Officer all signed

delivery ticket/invoices as well as a copy of the associated spreadsheet.

Information provided on the original spreadsheet shall not be altered, except to

add the date of forwarding. The prime vendor must ensure that all signed

invoices are included for each item listed on the spreadsheet. Spreadsheets shall

not be forwarded more than one time.

v. DSCP will notify, bill or credit the prime vendor, as appropriate for post delivery

receipt adjustments.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Contract Administration Data (continued)

III. Payments (continued)

E. All offerors must have the ability to accept an 820 transaction set from its financial institution.

DFAS Columbus will no longer forward a detailed summary of payment(s); this information will

only be available from your bank.

F. Vendor Reconciliation Tool:

In an effort to improve the payment process, vendors will have

availability to view what the customer has or has not receipted, via the BSM website. The Prime

Vendor will have access to “unreconciled” information, i.e. the invoice does not match the receipt

because of a quantity or price discrepancy, or because the customer has not posted a receipt.

Both invoice information and receipt information will be available for review by the Prime

Vendor. While the vendor will not have the capability to update customer receipt information,

update capability will be available for unreconciled invoice information for approximately 30

days.

G. The Government intends to make payments under the resultant contract by electronic funds

transfer (EFT). Reference Clause FAR 52.232-33, “Payment by Electronic Funds Transfer –

Central Contractor Registration” contained within clause FAR 52.212-4,, Contract Terms and

Conditions -Commercial Items. However, the election as to whether to make payment by check

or electronic funds transfer is at the option of the Government.

IV. ADMINISTRATION

A. The DSCP Prime Vendor Supplier Operations Office will perform administration of the contract

and the individual orders that are not related to specific deliveries; i.e., storage, transportation

officer program, squad leader program, etc.

B. A designated representative at the ordering activity will perform administration of the individual

customer delivery order. This includes approving product substitutions and delivery changes.

C. The DSCP Contracting Officer must approve any changes to the contract.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

STATEMENT OF WORK (SOW) (continued)

SPECIAL CONTRACT REQUIREMENTS

I. NOTICE TO OFFERORS

Prospective offerors are hereby advised that although there is a guaranteed minimum of 1% on

this contract, DSCP cannot guarantee that any or all of the customers will order all of their

subsistence and related non-food requirements from the successful Prime Vendor. Once the

guaranteed minimum has been met, the customer may or may not choose to continue ordering

from the contract. To a large extent, their decision to continue ordering will be based on the

performance of the Prime Vendor.

The prime vendor will be required to hold prices the week prior to the Government’s Fiscal Year

change (October 1). No catalog adjustments will be made the week prior to the start of a new

fiscal year.

II. MANAGEMENT REPORTS

The contractor shall provide the following reports to the Contracting Officer in the frequency indicated.

Negative reports are required and the government reserves the right to add additional reports at no

additional cost. Each quantity and dollar value provided should be based on the items unit of issue.

A. Fill Rate Report

1. Monthly Fill Rate Report

–The fill-rate is calculated by dividing the number of cases

accepted by the customer by the number of cases ordered. Mispicks and damaged cases

should not be included in this calculation, however all items Not-In-Stock, rejected,

returned, damaged, mis-picks, etc., should be clearly identified in the report. The report

should specify fill rates per customer/dining facility and an overall average for the month.

(See attached Fill Rate Report Layout)

2. Weekly Fill Rate Report

– In addition to the Monthly Fill Rate Report, the Prime Vendor

will also submit a weekly report reflecting the previous weeks business, by customer and

overall, to DSCP Contracting Officer.

This weekly report will follow the exact same format as the monthly fill rate report. (See

attached Fill Rate Report Layout)

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Special Contract Requirements (continued)

II. Management Reports (continued)

A. Fill Rate Report (continued)

3. The Prime Vendor may make an adjustment to their fill rate reports for only the

following reasons:

a. The item is being deleted from catalog (insufficient or no stock

available).

b. The Customer initiated a cancellation. There will be no reorder.

c. The Customer did not order in accordance with catalog packaging.

d. Average Weight – The Customer did not order in accordance with

average weights and quantity had to be rounded down.

The actual and adjusted fill rate reports must be provided to the Contracting

Officer. Fill rates for orders short filled as a result of the reasons stated above will not be

held against the Prime Vendor.

B. Monthly Descending Unit Volume & Dollar Value Report

– Product line item sales, sorted by

total cost; each quantity and dollar value should be based on the items unit of issue; and each

report should contain, at a minimum the DSCP stock number, item description, unit of issue,

quantity ordered, distribution fee category, product price, distribution price, unit price and total

cost. Dollar amounts will be totaled.

C. Monthly Product Line Item Rejection Report

– Product line items rejected, sorted by item

description; each report should contain, at a minimum the purchase order number, line item

number, DSCP stock number, item description, unit of issue, number of units rejected and dollar

value of units rejected. The monthly report must contain a summary sheet that identifies the

quantity and value of items shipped, received, and rejected by product category; i.e., prime

vendor, government furnished material, local market ready or fresh fruits and vegetables. Dollar

amounts should be subtotaled by product category and totaled overall.

D. Monthly Small Business Subcontracting Report -

1. List products manufactured and/or supplied by small business, small disadvantaged

businesses, minority-owned small business, National Institute for the Blind/National Institute

for the Severely Handicapped (NIB/NISH), women-owned small businesses, women owned

small disadvantaged businesses and Hub zones. This should be sorted by

manufacturer/supplier and include quantity and dollar value. Note: This report is for direct

subcontracts for products supplied to customers. This report is not to include indirect costs.

NOTE: the SBA must certify SDB and HUB Zone businesses.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Special Contract Requirements (continued)

II. Management Reports (continued)

D. Monthly Small Business Subcontracting Report (continued)

2. A summary page of the report shall also be submitted which highlights the total dollars and

percentages for each category. This information is very important since DSCP is required to

report its success in meeting these goals to the Defense Logistics Agency (DLA). Also

requested, but not required since DLA does not mandate that these goals be reported, is a

listing of products supplied and/or manufactured by UNICOR, Service Disabled Veteran

Own Businesses (SDVOB), Labor Surplus Areas, Historically Black Colleges or Universities

and Minority Institutions.

E. Monthly Customer Service Report -

The contractor shall develop and provide a report

summarizing all discrepancies, complaints and all positive feedback from ordering activities and

the respective resolutions by providing a summary from customer visits.

F. Monthly Rebate Reports

–

1 General Rebates

- The contractor shall provide a monthly report identifying any and all

discounts, rebates, allowances or other similar economic incentives or benefits given to any

other customer, and the amount passed on to the Government, for each item ordered under

this contract. The contractor must indicate the type of discounts, rebates, allowances or other

similar economic incentives or benefits given to any other customer, whether they are being

passed on to the Government customers consistent with its business proposal, whether they

are of limited or special duration, and the amount that has been passed on to the Government,

in the form of an up front price reduction.

2. NAPA Report

- This report should summarize the savings passed along to the customers

in the form of deviated allowances realized as a result of utilizing the NAPA’s. List each

customer, the NAPA amount, the manufacturer/broker name, and quantity ordered. NAPA

figures should be listed per customer, per contract and per manufacturer.

3. Food Show Rebates Report-

This report should show a detailed break out of all savings

received at your Food Show. This report is not a monthly requirement, but is based on the

timing of your Food Show. List each customer, the Food Show amount, the

manufacturer/broker name, and quantity ordered. Food Show Rebates should be listed per

customer, per contract, and per manufacturer. The total should be per customer and per

contract.

G. Monthly Cancellation Report

– Order cancellations sorted by order date; each line to contain at a

minimum: Purchase order number, Catalog number; DODAAC, Order Date, Ship Date,

Originally scheduled delivery date, Order dollar value, Call number, Item Count, and Reason for

Cancellation.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Special Contract Requirements (continued)

II. Management Reports (continued)

H. Monthly Asset Visibility Report

- Product line item demand quantities, assets on-hand, at port, in

the pipeline and on order. The vendor needs to be able to present real time asset visibility of their

entire inventory. At a minimum the vendor will be required to submit this report once a month,

but there maybe instances when the vendor will be required to submit this report on a weekly or

daily basis. Government Furnished Material (GFM) must be reported separate from non-GFM

per OCONUS warehouse and support region.

I. Monthly Slow Moving Item Report

- The report should list under performing (items not meeting

monthly 10 case order minimum) or inactive items by NSN, name, customer ordering the item,

quantity on-hand and remaining shelf life. This report must include all items with 30, 60, and 90

days of remaining shelf life.

J. Bi-Weekly Vendor Catalog Report

– (to be submitted with each catalog update) – Sorted by Item

Description; each line to contain at a minimum: DSCP stock number, item description, product

price, normal distribution price, premium distribution price, total combined distribution price,

purchase ration factor numerator, unit of issue, item category, item category unit of measure, and

the area supported; i.e., Iraq via Kuwait, Iraq via Jordan, Iraq via Turkey, or Kuwait via Kuwait.

K. Monthly Incident and Casualty Report

– The reports should list all incidents and casualties related

to Iraq deliveries. Sorted by incident date, the report must contain at a minimum the incident

date, injury location, driver name, driver identification number and description of the incident.

L. Quarterly Contractor Census Report

- The prime contractor will report upon contract award and

then quarterly thereafter, not later than January, 1 April, 1 July and 1 October, to

[email protected]

for Iraq and to [email protected] for Afghanistan the

following information for the prime contract and all subcontracts under this contract:

(1) The total number of contract employees performing on the contract who receive any

support benefits, including but not limited to billeting, food, use of exchanges, laundry

by host nation, US Nationals, and Third Country Nationals;

(2) The total number of prime contract employees performing on the contract by host

nation, US Nationals, and Third Country National;

(3) The total number of subcontractor employees performing on the contract by

subcontractor, host nation, US Nationals, and Third Country National;

(4) The company names and contact information of its subcontractors at all tiers; and

(5) The name of all company POCs who are responsible for entering and updating

employee data in the Synchronized Predeployment & Operational Tracker (SPOT)

IAW DFAR 252.225-7040 DOD class deviation 2007-O0004 or DFAR DOD class

deviation 2007-O0010.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

SOW – Special Contract Requirements (continued)

II. Management Reports (continued)

M. Upon occurrence – Reporting a Kidnapping

: The prime vendor manager shall notify the JCCI/A

Duty Officer at phone number 914-822-1419, the Contracting Officer, and the Contracting

Officer Representatives when an employee kidnapping occurs. Report the following information:

Name of person reporting: ________________Phone:

__________________________________________________________

E-mail: __________________________________________________________

• Who was kidnapped?

 Name

 Age

 Nationality and country of residence

• When did the incident occur?

• Where did it happen?

• How was the person kidnapped?

N. Weekly Joint Distribution Board (JDB) Slide - Iraq Only

- The JDB slide is a color coded Microsoft

power point chart which identifies the status and location of assets in mission in Iraq. The format for this

chart will be provided by the Contracting Officer or Contracting Officer Representative post award.

O. Daily Asset Reports:

i. Trucks – Iraq only – The number of trucks in and out of each prime vendor OCONUS

facility each day and the number of trucks currently out. Separated by facility and sorted

by date, the report should include totals as well as the breakout quantities by truck type;

i.e., reefer, dry or bobtail.

ii. Vans – The number of vans received from the port each day.

iii. Containers Received – The containers received into inventory. Sorted by date, each line

should contain at a minimum the container number, national stock number, description,

quantity and item type (Prime Vendor or GFM).

iv. Containers Received Summary – The total number of containers received into inventory

with a breakout by type (PV dry/frozen and GFM dry/frozen).

III. CATALOG ORDER GUIDE

The contractor shall provide a catalog order guide, with descriptions and pack sizes, to each of the

customers serviced under this contract. At a minimum, the order guide should list the DSCP

Stock Number, DSCP Unit of Issue, the contractor’s part number, and the brand of each item.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the

solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits

an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500

employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or

before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead

stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with

the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(l) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and

relevant contracts for the same or similar items and other references (including contract numbers, points

of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of

agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish

required representations or information, or reject the terms and conditions of the solicitation may be

excluded from consideration.

30 calendar days from the date specified for receipt of offers, unless another time period is specified in an

addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior

to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples

shall be submitted at no expense to the Government, and returned at the sender’s request and expense,

unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and

conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted

will be evaluated separately.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-1 (continued)

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals,

so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office

designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be

considered unless it is received before award is made, the Contracting Officer determines that accepting

the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the

solicitation, it was received at the initial point of entry to the Government infrastructure not later than

5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government

installation designated for receipt of offers and was under the Government’s control prior to the time set

for receipt of offers; or

(ii) However, a late modification of an otherwise successful offer, that makes its terms more

favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the

time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt

maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers

cannot be received at the Government office designated for receipt of offers by the exact time specified in

the solicitation, and urgent Government requirements preclude amendment of the solicitation or other

notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be

extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for

receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation

authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact

time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile

offers. An offer may be withdrawn in person by an offeror or its

authorized representative if, before the exact time set for receipt of offers, the identity of the person

requesting withdrawal is established and the person signs a receipt for the offer.

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FAR 52.212-1 (continued)

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers

and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should

contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves

the right to conduct discussions if later determined by the Contracting Officer to be necessary. The

Government may reject any or all offers if such action is in the public interest; accept other than the

lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the

offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may

not be submitted for quantities less than those specified. The Government reserves the right to make an

award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the

offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions,

FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this

solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item

descriptions cited in this solicitation may be obtained free of charge by submitting a request to the

addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following

ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

3. Documents not available from ASSIST may be ordered from the Department of

Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-1 (continued)

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for

their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and

offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor

Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover

page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that

identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix

that may be assigned at the discretion of the offeror to establish additional CCR records for identifying

alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If

the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the

internet at http://fedgov.dnb.com/webform

. An offeror located outside the United States must contact the

local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a

Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by

submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be

registered in the CCR database prior to award, during performance and through final payment of any

contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in

the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next

otherwise successful registered Offeror. Offerors may obtain information on registration and annual

confirmation requirements via the internet at http://www.ccr.gov

or by calling 1-888-227-2423 or 269-

961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose

the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s

offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed

offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during

source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the

successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-

selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities

were followed by the agency.

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ADDENDUM TO 52.212-1

1. Submission of offers (Paragraph b).

See Standard Form 1449 (Continuation Sheet) for any specific instructions on how to submit

your offer if mailed or hand carried.

Faxed offers are NOT authorized for this solicitation.

2. Period for Acceptance of Offers (Paragraph c).

Period of acceptance is __240__

days from the date specified for receipt of offers (initial or revised,

whichever is later).

3. Multiple Offers (Paragraph e).

Alternative commercial items may not be considered for award on this acquisition; however, but may

be utilized for market research on future requirements.

4. Late submissions, modifications, revisions, and withdrawals of offers (Paragraph f).

Any proposal received at the office designated in the solicitation after the exact time specified for

receipt of offers will not be considered unless it is received before award is made and:

It was sent by mail or hand-carried (including delivery by a commercial carrier) if it is determined

by the Government that the late receipt was due primarily to Government mishandling after the receipt at

the Government installation.

It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not

later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of

proposals.

If there is acceptable evidence to establish that it was received at the activity designated for

receipt of offers and was under the Government’s control prior to the time set for receipt of offers, and the

Contracting Officer determines that accepting the late offer would not unduly delay the procurement; or

Any modification or revision of a proposal or response to requested information, including any final

proposal revision, is subject to the same conditions indicated above.

Proposals may be withdrawn by written notice (including facsimile) received at any time before

award.

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Addendum to FAR 52.212-1 (continued)

5. Contract Award (Paragraph g).

If the Contracting Officer determines that the number of proposals that would otherwise be in the

competitive range exceeds the number at which an efficient competition can be conducted, the

Contracting Officer may limit the number of proposals in the competitive range to the greatest number

that will permit an efficient competition among the most highly rated proposals.

6. Multiple Awards (Paragraph h)

The Government intends to make two awards, one per zone. The intent is to have two different

contractors, one for each of the separate zones. In order to ensure that two sources are available and to

ensure the continuous availability of reliable sources of supplies, the Government reserves the right to

exclude, under the authority of FAR 6.202, the awardee under one of these zones from being eligible for

award under the other zone. However, Government reserves the right to make one award for both zones,

as necessary to support both zones if it is in the government’s best interest.

7. Proposal Preparation

(i) All information is to be submitted in writing. Structured plant site visits will not be utilized

for the purpose of evaluation this solicitation. However, the government reserves the right to send a team

of personnel to any proposed vendor facility in order to confirm information contained within an offeror’s

submission. The government may also require that an offeror submit EDI transmissions in order to

confirm their ability to do so. In the case of a discrepancy between information provided by the vendor,

and discovered by a team or live test, the government’s information will be given precedence for

evaluation purposes. The technical and cost or price proposals are required to be submitted in writing and

must be prepared separately in the quantities shown below. These documents shall be separately bound

and shall not be combined. For offeror’s submitting proposals on both zones; technical and cost or price

information pertaining to each zone should be separately bound and clearly labeled as to vendor, zone,

volume title, copy number and zone. Proposals that do not provide the required information in the

prescribed format may be excluded from further consideration.

WRITTEN VOLUME

VOLUME TITLE NO. OF COPIES

I Technical 6

II Cost or Price 2

(ii) Evaluations for each volume of the proposal will be performed exclusive of one another.

Therefore, the Technical Proposal shall contain no reference to Cost or Price data contained in the Cost or

Price Proposal. Conversely, the Cost or Price proposal should not address information requested under an

element listed as a technical factor. Cost or Price information shall only be contained in Volume II. Each

volume shall be bound separately and labeled appropriately.

(iii) Unless otherwise stated, the technical and cost or price proposals must all be submitted by

the date and time specified for the receipt of proposals or as amended, if applicable.

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Addendum to FAR 52.212-1 (continued)

7. Proposal Preparation (continued)

(iv) A SIGNED and COMPLETED SOLICITATION must accompany the technical and cost or

price proposals in its entirety

, as well as any amendments, if applicable. Make sure all clauses that

require a response are completed.

(v) Offerors may provide additional technical information that will enhance the proposal;

however, overly elaborate proposals that contain information not pertinent to this acquisition are not

desired. Failure to provide the information requested may render the proposal unacceptable and may lead

to a rejection of the offer.

(vi) The Government reserves the right to verify any information presented in the Technical and

Cost or Price Proposals. Site visits to assess the accuracy of the information provided in an offeror’s

proposal may be conducted during the evaluation process.

(vii)

The written technical proposal must demonstrate the offeror’s ability to meet the

Government’s requirements as set forth in the solicitation. Failure to provide information as requested in

any of the technical factors identified herein may be considered a “no response” and may not be ratable or

may warrant a “Poor” rating for the applicable factor, sub-factor, element or sub-element.

In order to receive full consideration, firms are encouraged to ensure that the information provided in the

Technical Proposal is factual and complete. To ensure that an accurate evaluation of the proposal is

made, please address the factors in the order in which they appear in the solicitation.

Failure to do

so may result in the Technical Evaluation Panel overlooking important information.

Proposals that are unrealistic in terms of technical or schedule commitments, or unrealistically low in

price, will be considered indicative of a lack of understanding of the solicitation requirements.

Firms should prepare proposals and address elements in the same order as presented in the solicitation to

facilitate the Government’s review and evaluation of your proposal. Continuation sheets shall clearly

identify the solicitation number and the offeror’s name on each page.

To be considered acceptable, the technical proposal must provide, at a minimum, the information

requested in the section entitled Submission Requirement – Technical Proposal – Volume I.

All plans submitted as part of the offeror’s Technical Proposal are to be followed during contract

performance. The Government will incorporate the offeror’s Technical

Proposal, Implementation and general Business Plans that meet and/ or exceed solicitation requirements

into the resultant contract(s).

(viii) In the Cost or Price Proposal, the offeror is required to furnish limited pricing information

as outlined in the solicitation section entitled Submission Requirements. To be acceptable, the firm’s cost

or price proposal must be complete, realistic, and reasonable.

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Addendum to FAR 52.212-1 (continued)

7. Proposal Preparation (continued)

The Cost or Price Proposal Schedule of Items product prices are used for evaluation purposes; but, the

schedule of items will also become part of the catalog. Final negotiated prices shall become the baseline

catalog prices at the start of the contract and shall be reflective of these prices at the time of first order.

These prices should not dramatically change (+/- 5%) for orders placed early in the contract unless

documented market conditions arise and approved by the KO in advance .

8. Submission Requirement – Technical Proposal – Volume I

(i) Factor I. Distribution-System Capability/Quality Assurance

a. Location:

1. Offeror will discuss how the location of their warehouse(s) will enable them to support the

customers with timely deliveries during normal deliveries as well as emergencies.

2. Offeror will discuss their ability to meet routine as well as shorter lead-time emergency delivery

requirements in respect to delivery timeframes, customer locations, distribution facility location

and provide a statement as to whether additional charges, if any, apply. If additional charges

apply, those amounts should be identified in the Cost or Price Proposal.

3. Offeror will discuss in detail any ongoing or proposed construction which will be necessary in

support of their platform. Offeror will provide detailed information regarding applicable

agreements, contracts, deeds and leases in support of their facility/ies and specific timelines in

regards to construction; i.e., groundbreaking through certificate of occupancy. Offeror will

clearly address within their proposal whether construction is contingent upon award (to

commence upon award announcement) or whether ongoing. If some aspects of construction are

ongoing, while others are contingent, this must be clearly differentiated; i.e., groundbreaking will

be 01 May 08 irregardless OR groundbreaking will be 01 May 08 IF award is made by 02 Feb 08.

Real-time dates should be supplied and milestones already achieved should be highlighted.

Photographs and diagrams should be provided and properly labeled.

b. Warehouse Storage:

1. Offeror must provide total warehouse capacity (dry, chill and freeze), firm’s open warehouse

capacity (to include pick slots and reserve slots), and layout, in terms of pallet locations as it

relates to the volume of this contract. Offerors shall submit this information for OCONUS

contractor/subcontractor location(s).

2. For all zones, the offeror will discuss their available yard space for the staging of out bound

product, their available yard space for staging products which are awaiting clearance to join a

convoy, their available yard space for receiving and retrograding trucks and their capability to

ship and receive simultaneously, including its warehouse equipment. Offerors shall submit

this information for OCONUS contractor/subcontractor location(s).

3. The offeror will discuss whether they own or lease their facility(ies). If the facility(ies) is

leased, provide a detailed account of the nature and duration of any lease arrangement(s).

The offeror will discuss and/or demonstrate related temperature and/or humidity controls.

Offerors shall submit this information for OCONUS contractor/subcontractor locations.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(i) Factor I. Distribution-System Capability/Quality Assurance (continued)

c. Resource Availability:

1. The offeror must provide a detailed list including quantity, size, type and location of

distribution equipment resources (i.e. number and type of trucks, owned/leased, etc.). The

offeror will discuss whether additional equipment/resources will be required to handle the

proposed contract.

2. The offeror will discuss their intended method and the lead-time required if they would need

to acquire additional equipment.

3. The offeror will provide a detailed plan for maintaining and servicing vehicles and equipment

to include the number and experience of personnel.

d. Airlift Experience:

1. The offeror will discuss their experience and ability to execute airlifts to meet requirements

that cannot be fulfilled by traditional means (trucks) due to time constraints. The offeror will

discuss the working arrangement they have in place with a commercial air source that can be

ready to deliver on a moment’s notice to different regions of the area.

2. The offeror will discuss their experience and ability to obtain and store an adequate amount

of dry ice, wet ice and tri-walls (chill, freeze, and dry) in reefers or refrigerated facilities to

ensure product integrity until such time as the flight schedule is confirmed.

e. Quality Control Assurance and Warehouse Procedures:

1. Offeror will discuss the quality control procedures to be used under proposed contract.

Include in your discussion procedures used during receipt, storage and out bound movement

of product. Include a discussion on your inventory control systems and level of automation.

Include in the discussion your reserve inventory and/or let down control procedures and the

level of automation. Discuss the inventory rotation methods used by your firm, your

monitoring procedures, the methodology followed in identification and correction of

discrepancies in inventory management and order preparation. Identify key personnel

responsible for ensuring quality procedures are monitored.

2. Offeror will provide inventory turnover rate information for overall warehouse(s), by

category, as a minimum, for the last year. Discuss average time from date of product

manufacture to receipt in your primary warehouse location. Include in the discussion the

procedures used to control shelf life and proper shelf life dating for normally inventoried

items. Discuss the procedures and methods used to ensure the correct open “Date of Pack” is

used on case labels. Discuss what procedures will be used to meet the “minimum shelf-life

remaining” requirements of the various items.

3. Offeror will display a plan of action with examples to prevent shelf-life expirations in

accordance with known substantial fluctuations in demand. Your response will be reviewed

and maybe considered an enhancement to your proposal. Failure to address this will not have

a negative effect on your overall evaluation.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(i) Factor I. Distribution-System Capability/Quality Assurance (continued)

f. Inspection and Sanitation Procedures

1. Offeror must discuss the inspection procedures employed to guarantee the movement of

quality products. Include the frequency, type, and amount of inspection; product

characteristics to be inspected (include standards used to inspect, e.g. temperatures); criteria

for approving and rejecting products; criteria for removal of product from

inventory; record for documenting inspection results; and the method for identifying the

inspection status of approved and rejected product.

2. Offeror will describe the Sanitary Control Procedures and Stored Products Pest Management

Program used by your firm to ensure that sanitation and warehousing practices are in

accordance with acceptable industry standards. Offeror will describe their in-house program,

scheduling of duties and inspection procedures. For Contract Services/third party audits

include the frequency of service, service provided and monitoring procedures. Offerors will

furnish copies of the most recent inspection reports (partnership/teaming effort requires report

for each individual site).

g. Supplier Selection Procedures

1. Offeror will discuss your firm’s policies, procedures and criteria used for selecting quality

suppliers and the processes used by your firm to ensure competition and to purchase products

of consistent high quality at the best price with minimal variation on product appearance,

grade, yield, taste, texture. Include how potential suppliers are evaluated, what criteria is

used, how the results of the evaluation are documented, and if suppliers are evaluated

differently. Is the evaluation process formal or informal? Discuss the methods used by your

firm to ensure that standardized product quality will be maintained when products are

acquired from various suppliers. Note: This information is required to be supplied even if

the function is performed at the corporate level.

2. If applicable, offeror will discuss your firm’s strategic long term supplier relationship,

whereby both parties share the risks and benefits and both parties make decisions. If so,

please describe this relationship and provide examples. Your response will be reviewed and

maybe considered an enhancement to your proposal. Failure to address this will not have a

negative effect on your overall evaluation.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(i) Factor I. Distribution-System Capability/Quality Assurance (continued)

h. Force Protection:

1. Offeror will discuss their quality control procedures as it relates to ensuring that product

entering, holding at and departing their facility is safe for customer consumption. Offerors

will discuss how they ensure that cases, bags, etc. are intact and demonstrate no evidence of

tampering.

2. Offeror will discuss how they ensure that all incoming truck drivers provide adequate

identification upon request, how they ensure that drivers and visitors are properly identified

and only have access to appropriate areas. Offeror will discuss how procedures for storing

product adequately control access to eliminate any possibility of product adulteration. Offeror

will discuss their procedure regarding security seals. Offeror will discuss their procedure

regarding communication devices for drivers.

3. Offeror will discuss the lighting, security camera conditions, fencing and locking devices at

their facility. Offerors will discuss their security personnel procedures to include use of

check-lists, logs and reports. Offeror will discuss how they ensure that employee background

checks are up to date.

4. Offeror will discuss their overall organizational corporate security plan and whether private

security firms are required to assess or reduce risk.

(ii) Factor II – Experience/Past Performance

For purposes of evaluation only, offerors that are proposing a joint venture, partnership or a teaming

approach should provide experience and past performance information on EACH team member of the

party or the joint venture or partnership including proportional allocation of performance duties (i.e.,

when each of these entities acted alone or as members of other teams/joint ventures). However, the most

relevant experience and past performance data, and that which will receive the most credit, is the

information directly related to the offering entity. You may also provide information related to key

subcontractors, parent corporations, or other affiliates that will perform essential functions of the contract.

A. Discuss the extent of experience and past performance performing deliveries as a contractor on the

battlefield, not at a corporate level, but at an individual house level, similar to the proposed contract’s

requirements for both your firm, and your partner’s, if applicable. Provide the following information:

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(ii) Factor II – Experience/Past Performance (continued)

1. Provide a brief performance record of your five (5) highest dollar value Prime Vendor/Regular

dealer contracts for the period from January 1, 2005 through December 31, 2007, whether they are

commercial or Government contracts. Specify which contracts you consider to be the most successful

and why. Describe which contracts, if any, you consider to be similar in size and/or complexity to the

solicited requirements. Include any problems that you have encountered during the performance of the

respective contracts and what steps were taken to resolve the problems, along with their resolutions.

Address the following for each of the contracts:

i. Distribution facility & location

ii. Contract/Account identifier

iii. Contracting Officer, if federal Government contract

iv. Annual Dollar Value;

v. Length of time that the account has been serviced;

vi. Fill rate, listed monthly for the 12 months of the contract immediately preceding

January 1, 2008, with and without substitutions;

vii. Number of customer delivery points (stops);

viii. Average number of delivery stops made per week;

ix. Number of line items/SKUs on the ordering catalog;

x. Average number of orders placed per week;

xi. Average order dollar value;

xii. Average total number of order line items per week;

xiii. Points of contact and phone number;

xiv. Problems/resolutions

2. An organizational/management chart of the firm(s) that will identify key personnel who are

responsible for the day-to-day management, and overall success, of the Prime Vendor program. Please do

not submit corporate charts, unless the people listed are directly involved in the performance of the

proposed contract. Identify the key personnel, or the positions of personnel to be assigned, who will be

key to the day to day management, and overall success of the Prime Vendor program. Discuss your key

personnel’s experience with Prime Vendor and/or Government contracts and/or discuss your key

personnel’s experience with commercial food accounts.

B. If an offeror has had any Government contracts, including, but not limited to any of its top five (5)

dollar value contracts, the offeror must submit information regarding its performance against

socioeconomic (i.e., Small Business) and Javits-Wagner-O’Day Entity Support goals as part of its past

performance information. Furnish the following information for all Government contracts:

i. Contracting Agency

ii. Contract Number

iii. Contracting Officer and Phone Number

iv. Total Contract Dollar Value

v. Socioeconomic performance, to include subcontracting goals* and actual

socioeconomic subcontracting numbers for the 12 months of the contract

immediately preceding January 1, 2008;

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(ii) Factor II – Experience/Past Performance (continued)

vi. JWOD performance, to include goals, as a percentage of total contract dollar

value, and actual JWOD numbers for the 12 months of the contract immediately

preceding January 1, 2008;

*Subcontracting goals, as a percentage of total contract dollar value, that were

subcontracted to small, small disadvantaged, women-owned, veteran-owned, service-disabled

veteran-owned and HubZone small business concerns.

Note: If an offeror has not had any contracts that contain socioeconomic/JWOD requirements, the offeror

should include a statement to that effect and an explanation why that is the case.

(iii) Factor III - Customer Support/Product Availability

a. Customer Service Approach:

1. Offeror will explain their customer service strategy and explain their customer service

function and focus. Does your firm chart your company's customer satisfaction? If so, how?

Offeror will explain how their customer service representative(s) will ensure that all the

customers’ needs are accommodated. Also, indicate the number of visits planned, and what

value added services the customer representatives will perform. Discuss the procedures (and

authority, if applicable) followed by the customer service representative regarding the

identification and correction of discrepancies and resolution of customer complaints at the

customers level (i.e. not-in-house quality control).

2. Offeror will describe the system used to track deliveries and accuracy of orders. Offeror will

discuss how deviations from the original order, such as cancellations or quantity changes, will

be processed. Include time lines in which deviation to order quantity and/or cancellations

will be accepted.

b. Product Sourcing:

1. Offeror is expected to be able to provide all of the items in the most current catalog which

consists of the “Schedule of Items,” see attachments 3 through 5. The inability to furnish all

items may affect the offeror’s overall rating. Offeror also must discuss how they will ensure

that all items supplied will be from an approved source.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(iii) Factor III - Customer Support/Product Availability (continued)

(b) Product Sourcing (continued)

2. For all items in the “schedule of Items” that are an identical match, offeror must so state. If a

product priced in the business proposal is not an “identical match” to the item we requested,

the product technical description (specification) of the item the firm is offering must be

provided. The technical description must contain sufficient detail to determine the product’s

salient characteristics for comparison to that solicited in the schedule of items. Offeror shall

label the technical description with the item number and its corresponding NSN/LSN, for

identification purposes. “Pack size” changes must be identified for customer acceptance and

price evaluation purposes only.

c. Pipeline: The offeror shall make a copy of the following

page for each zone on which they are offering and complete the diagram in order to represent the dynamic

of their supply pipeline. Each diagram shall be labeled with the zone #.

1. The offeror must provide in detail for each zone the quantity of pallets they will be able to

provide from place of performance to port of debarkation.

2. The offeror must provide in detail for each zone the quantity of pallets they will be able to

provide on the water.

3. The offeror must provide in detail for each zone the quantity of pallets they will be able to

provide from port of debarkation to place of performance.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(iii) Factor III - Customer Support/Product Availability (continued)

ZONE # _____________________

Product on the

water. (Number

of pallets).

__________

_____

________

CONUS:

Quantity (Number of

pallets from place of

performance to port of

debarkation.)

_____________

OCONUS:

Quantity (Number of

pallets from port of

debarkation to

warehouse.)

______________

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(iv) Factor IV Surge and Sustainment

Contractor Readiness Capability Plan

1. The offeror must submit a comprehensive readiness plan or contractor capability assessment

indicating how the requirements in the Wartime Catalog Solicitation Submission Worksheet

will be supported. The contractor must address the amount of increased demands that can be

handled for surge (first 45 days) and identify the length of time the contractor would require

to ramp up. The contractor must indicate the length of time this increased pace could be

sustained (at least six months or longer in 30 day increments). The readiness capability plan

should describe and/or include all aspects of their supply chain management. The offeror

must submit evidence of the following capability: (1) evidence of ability to utilize additional

suppliers or subcontractors, as needed (2) ability to access additional warehouse and

distribution operations overseas and in the United States to include labor, (3) ability to

transport and store massive amounts of food for a specific period of time, (4) knowledge of

international ports, roadways and checkpoints and required documentation (5) identification

of problem items in the Go to War Catalog or logistical issues for which surge & sustainment

cannot be easily met along with proposed solutions.

b. Additional Submission Instructions

1. For this solicitation, offerors are required to address a partial list of approximately 50 CSNs.

The partial list of CSNs can be accessed at

https://spiders.dla.mil/Spiders/Main/Main_List_Documents.asp

2. Select the document entitled “Wartime Catalog Solicitation Submission”. Download the

spreadsheet and complete the required information. The spreadsheet will consist of four (4)

worksheets: Worksheet 1 – Instructions, Worksheet 2 – CSNs, Worksheet 3 –

Equivalent/Substitute NSNs, Worksheet 4 – Surge & Sustainment Requirements (Items &

Quantities).

3. The available quantity information is used to analyze the offeror’s surge and sustainment

capability. The manufacturer or distributor must determine the maximum

product availability

that can be achieved with existing inventory policies, facilities and supplier relationships.

The available quantity information requested over a six month period is in increments of 30

days. This will require offerors to contact manufacturers and suppliers for committed

quantities.

4. A printed copy of the offeror’s Wartime Catalog Solicitation Submission Spreadsheet must be

returned with this solicitation. THE INFORMATION REQUESTED IS CONSIDERED

PROPRIETARY AND RESTRICTED TO DULY AUTHORIZED GOVERNMENT

PERSONNEL.

5. The government reserves the right to verify the information submitted prior to contract award.

SPM300-08-R-0061 Page 158 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(iv) Factor IV Surge and Sustainment (continued)

6. Surge and Sustainment Requirements

a. The surge & sustainment requirements listed on Worksheet 4 of the Wartime Catalog

Solicitation Submission are based on estimates. If the surge & sustainment requirement

determination process for Prime Vendor commercial items is redefined, the government

reserves the right to make the necessary adjustments.

b. The government planners must determine the maximum

product availability that can be

achieved under this contract. No one prime vendor is expected to meet the quantities

listed on worksheet 4. Surge & sustainment requirements are provided for information

only.

For this solicitation, include your completed Wartime Catalog Solicitation Submission

Spreadsheet with your Readiness Capability Plan. However, the successful contractor must

address the complete list of 397 Prime Vendor Go To War Catalog items within 180 days of KO

notification. When completed this will be incorporated into the successful contractor’s Readiness

Capability Plan.

(v) Factor V. Socioeconomic Considerations

Both large and small business offerors must indicate what portion of the proposal will be

subcontracted to Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small

Business (WOSB), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small

Business (SDVOSB), and HUBZone Small Business (HZSB) concerns in terms of percentages and

total dollars. The percentage shall be formulated using the total to be subcontracted as the divisor.

The offeror must describe the proposed SB, SDB, WOSB, VOSB, SDVOSB, and HZSB concerns’

participation in the performance of this contract at the contractor, subcontractor, and product supplier

levels. These figures shall pertain to the proposed acquisition only.

These figures shall represent what

percentage/dollar value of products to be supplied under this contract by a SB, SDB, WOSB, VOSB,

SDVOSB, and HZSB manufacturer or distributor. A goal for the Prime Vendor may be to obtain at

least 30% of the supplies for proposed contract from SB firms, 5% from WOSB, 5% from SDB firms,

2% from VOSB firms, 1% from SDVOSB firms, and 2% from HZSB firms.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(v) Factor V. Socioeconomic Considerations (continued)

Socioeconomic Definitions:

Small Business Concern:

a firm, including its affiliates, that is organized for profit,

independently owned and operated, not dominant in the field of operation in which it is

competing, and can further qualify under the criteria concerning the number of

employees, average annual receipts and other criteria as described by the Small Business

Administration.

HUBZone Small Business Concern:

a concern located in a “historically underutilized

business zone”; is owned and controlled by one or more U.S. citizens; and at least 35% of

its employees reside in the HUBZone. A HUBZone is a historically underutilized

business zone, which is an area located in within one or more qualified census tracts,

qualified non-metropolitan counties, or lands within the external boundaries of an Indian

Reservation.

Small Disadvantaged Business Concern:

a firm (1) that is at least 51% owned by one or

more socially and economically disadvantaged individuals; or, in the case of any publicly

owned business, at least 51% of the stock is owned by one or more socially and

economically disadvantaged individuals and (2) whose management and daily operations

are controlled by one or more such individuals. The term “socially disadvantaged”

means individuals who have been subjected to racial or ethnic prejudice or cultural bias

because of their identity as a member of groups without regard to their individual

qualities. The following individuals are presumed to be socially disadvantage: Black

Americans, Hispanic Americans, Native Americans (Indians), Asian-Pacific Americans,

and Subcontinent Asian Americans. The term “economically disadvantaged” means

socially disadvantaged individuals whose ability to compete is impaired due to diminish

capital and credit opportunities. Generally, a socially disadvantaged individual whose

personal net worth does not exceed $750,000 ($250,000 for SBA 8(a) Program

certification) excluding ownership interest in the company and equity in a primary

residence is considered to be economically disadvantaged.

Women Owned Small Business Concern:

a small business concern that is at least 51%

owned by one or more women; or in the case of any publicly owned business, at least

51% of the stock is owned by one or more women and whose management and daily

business operations are controlled by one or more women.

Veteran Owned Small Business Concern:

a small business concern that is not less than

51% of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in any case of any publicly owned business, not less than 51% of the stock of

which is owned by one or more veterans; and the management and daily operations of which

are controlled by one or more veterans.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(v) Factor V. Socioeconomic Considerations (continued)

Definitions (continued)

Service Disabled Veteran Owned Small Business Concern:

a small business concern that

is not less than 51% of which is owned by one or more service

disabled veterans or, in the case of any publicly owned business, not less than 51% of the

stock of which are controlled by one or more service disabled veterans; and the

management and daily business operations of which are controlled by one or more

service disabled veterans or, in the case of a veteran with permanent and severe disability,

the spouse or permanent caregiver of such veteran. Service disabled veteran means a

veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as

defined in 38 U.S.C. 101(16).

Subcontract:

any agreement (other than one involving an employee-employer

relationship) entered into by a Government Prime Contractor or subcontractor calling for

supplies and/or services (direct costs only) required for contract performance, contract

modification or subcontracts.

a. Socioeconomic Goals

i. Under socioeconomic goals, and subsequent management reports, offerors are to

submit figures based on direct subcontracts

for items that would be supplied under

contract. No direct costs for equipment or services are to be included.

ii. The offeror shall describe the proposed extent of SB, SDB, VOSB, SDVOSB, and

HZSB participation in the performance of the contract at the contractor,

subcontractor and product supplier level. In addition, firms shall also state whether

they are a LARGE or SMALL food service distributor. A small firm is defined as

having less than an average of 500 employees and must not be a subsidiary or

division of a large company/corporation.

iii. * The following is the preferred format for the submission of socioeconomic data.

Separate subcontracting goals must be submitted for each proposed contract.

Dollar Percent

1. Total Contract Price $_______ 100%

2. Total to be Subcontracted:

a. To Large Business: $_______ _____

b. To Small Business: (Total Small) $_______ _____

1. SDB $_______ _____

2. WOSB $_______ _____

3. VOSB $_______ _____

4. SDVOSB $_______ _____

5. HZSB $_______ _____

6. OTHER SB $_______ _____

SPM300-08-R-0061 Page 161 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(v) Factor V. Socioeconomic Considerations (continued)

a. Socioeconomic Goals (continued)

Notes:

1) When calculating figures for socioeconomic goals, the business size of the

manufacturer is to be considered, NOT the business size of the broker/agent that may have

supplied the product to the distributor. 2) If the offeror is a Small, Small Disadvantaged,

Veteran Owned, Small Service Disable Veteran Owned, Small Women Owned Small or

HUBZone Small Business, the offeror may NOT include its “cost of doing business” as part

of the subcontracting goals proposed for this acquisition. 3) Offerors that are Small Business

will receive additional credit under this factor for evaluation purposes. 4) Performance on

prior contracts in subcontracting with and assisting Small, Small Disadvantaged, Women

Owned Small and HUBZone Small Business will be part of past performance evaluation.

b. Organizational Efforts

1. The offeror shall describe the efforts it will make to ensure that SB, SDB, WOSB,

VOSB, SDVOSB, and HZSB concerns will have an equitable opportunity to compete

for subcontracts or as product suppliers on this acquisition.

2. The offeror shall describe its willingness and any plans it has to develop additional

opportunities for SB, SDB, WOSB, VOSB, SDVOSB, and HZSB concerns. The

offeror must furthermore identify the employee(s) responsible for ensuring that an

equitable opportunity is afforded to the SB, SDB, WOSB, VOSB, SDVOSB, and

HZSB firms to compete for contracts or supplier selection.

3. The offeror must indicate what percentage of its available subcontracting (or supplier

utilization) dollars is allocated to small business concerns. Included in this percentage

range is an estimated total subcontracting allocation to SB, SDB, WOSB, VOSB,

SDVOSB, and HZSB concerns.

4. The offeror shall be required to cooperate in studies or surveys in order to allow the

Government to determine the extent of subcontracting opportunities identified for

this acquisition.

5. The offeror is to demonstrate knowledge of, and more preferably a working

relationship with local, state, and/or federal organizations whose mission it is to

promote Small Business, Small Disadvantaged Business, Women Owned Small

Business, Veteran Owned Small Business, Service Disabled Veteran Owned Small

Business and HUBZone Small Business.

Note:

Large business offerors are required to submit the Small, HUBZone Small, Small

Disadvantaged Business, Veteran Owned Small Business, Service Disable Veteran

Owned Small Business, and Women Owned Small Business Subcontracting plan

information as required by Clause 52.219-9, “Small Business Subcontracting Plan” in

addition to the information that is a requirement of this section of the proposal. The

subcontracting plan required by the FAR clause can incorporate all costs, direct and

indirect, associated with this proposal. If an individual contract Subcontracting Plan is

submitted, the plan must contain separate Small, HUBZone Small, Small Disadvantaged,

Veteran Owned Small Business, Service Disabled Veteran Owned Small Business and

Women Owned Small Business subcontracting percentages and dollar levels for the base

year as well as each option year.

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Addendum to FAR 52.212-1 (continued)

8. Submission Requirement – Technical Proposal – Volume I (continued)

(vi) Factor VI. Javits-Wagner-O’Day Act Entity Support

a. The offeror must provide the following:

1. A description of the efforts your company will make to assure that Javits-Wagner-O’Day

Act (JWOD) qualified nonprofit agencies for the blind or other severely disabled will

have equal opportunity to compete for subcontracts under any resulting contract.

Describe your current and proposed range of services, supplies, and any other support

that will be provided to you by JWOD concerns. Include specific names of such

subcontractors, to the extent they are known.

2. Describe any future plans your company has for developing additional subcontracting

possibilities for JWOD entities, or ways in which these entities could be partnered with

other business and agencies in opportunities to diversify revenue production during the

contract period.

3. *Specify what portion of your proposal, as a percentage of dollars, will be

subcontracted to JWOD entities.

4. Progress reports in reference to your subcontracting efforts with JWOD activities will be

submitted to the Contracting Officer as part of your monthly socioeconomic report.

Provide the name and title of the individual principally responsible for ensuring company

support to such entities (generally, this is the individual responsible for subcontracting

with Small, Small Disadvantaged, and Women Owned Small business, etc.).

9. Submission Requirement – Cost or Price Proposal – Volume II

Factor 1 – Aggregate Distribution Prices

Factor 2 – Aggregate Pricing

To address the above Cost or Price Factors, the offeror is required to submit the following

information. Elements (i), (ii), and (iii) below must be in writing using attachments 1 through 5 (on

CD and a paper copy). Elements (iv) and (v) must be in writing using a Microsoft word format.

Note

: Please use an Anti-Virus utility to ensure that your CD is virus free before submitting.

(i). Category/Distribution Prices (attachment 1 for Zone I offers and attachment 2 for

Zone II offers)

(ii). Item/Product Prices (attachments 3 & 4for Zone I offers and

attachment 5 for Zone II offers)

(iii). Item/Unit Prices (attachments 3 & 4 for Zone I offers and attachment 5 for Zone II

offers)

(iv) Option Prices (see below format)

(v) Discounts, rebates, allowances or other similar economic incentives or benefits given

to any other customer

SPM300-08-R-0061 Page 163 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(i) Category/Distribution Price

A. The categories to be used on this solicitation are listed on attachments 1 and 2. Offerors shall

input their distribution prices (normal and premium) on the attachments per the unit of measure

stated. No substitutions, deletions, or additions to the categories or stated units of measure are

authorized. The distribution price for each category must be offered as a dollar amount.

Distribution prices offered as a percentage of the product price are not acceptable.

B. The category/distribution prices shall remain constant for the complete base term of the contract;

however, distribution prices may remain the same, increase, or decrease for each option year.

C. The method I pricing scheme utilizes categories 1 through 189 only. The normal distribution

price excludes all premium distribution prices that are representative of all elements of price

specifically related to GFM storage, open case inspection, open case re-work, labeling and

disposal; commercial airlifts, pallets, and ice, Army Veterinary Inspector (AVI) office space and

equipment; Iraq vehicle transportation (risk/elevated insurance/ITV/recovery/demurrage, etc.);

Iraq transportation officer program and Iraq customer services representatives and Iraq squad

leaders. The total combined distribution price shall equal the normal distribution price plus the

premium distribution price for each item category. Therefore, the difference between the total

combined distribution price and the normal distribution price shall equal the premium distribution

price. Premium distribution prices shall be itemized. The total combined distribution price will

be the catalog distribution price at time of award if the award is based on method I pricing.

D. The method II pricing scheme utilizes all item categories 1 through 216; the normal distribution

price in categories 1 through 189 and the premium distribution price in categories 190 through

216. The normal distribution price will be the catalog distribution price at time of award if the

award is based on method II pricing and the premium distribution prices will be separately

invoiced in the frequency indicated.

(ii) Item/Product Price

A. The schedule of items, attachments 3 through 5 represent 99% of the items that are

currently cataloged for customers supported under this solicitation. The category for

each item has been pre-designated as indicated on the attachments. No changes may be

made to an items designated category. The estimated base year (24 months) quantities

for the items selected are indicated next to each item and are for information and

evaluation purposes only.

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Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(ii) Item/Product Price (continued)

B. Attachments 3 thru 5 are designed to automatically capture the item distribution prices

based on the category distribution prices inserted by the offeror on attachments 1 and 2.

The offer shall fill in the following information on attachments 3 thru 5:

(1) Product Price as shown on the manufacturer or grower invoice or quote

(2) Product Price Conversion Factor to the Government Unit of Issue

(3) Is the Product Price based on Invoice (yes or no)

(4) U.S. Domestic Offer (yes or no)

(5) Offered Product Brand

(6) Offered Pack Size

(7) Specification/Unit Match (yes or no)

(8) Price Redetermination Increment (at least 30 day increments required).

(iii) Item/Unit Price

A. Award prices will represent a fixed price for all items for a minimum of 30 days.

After 30 days the prime vendor may be permitted to change the product price of non

Manufacturer Pricing Agreements (MPAs) items as offered in the schedule of items and

in accordance with the Prospective Price Redetermination language, as specified in this

solicitation. Product prices for MPA items may also change as necessary in accordance

with the MPA language specified in this solicitation.

B. Information and formulas provided on schedule of items are locked and may not be

altered. Offerors must insert their distribution prices on attachments 1 and 2 and product

prices on attachments 3 thru 5. Offerors must fill out all cells highlighted in green on

attachments 1 thru 5. Prices must not extend more than two (2) places to the right of the

decimal point. Standard rounding methods should be observed. Unit prices and the

combined distribution prices will be automatically calculated by the spreadsheet formula.

C. DO NOT deduct Food Show allowances from the product price on your price

proposal.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(iii) Item/Unit Price (continued)

D. To insure an objective price evaluation, the pricing of all offerors are to be based on

the exact items listed in the “Schedule of Items.” When offerors qualify the salient

characteristics of an item or items in the “Schedule of Items” and/or when the

Government detects (through a relative pricing review and or a review of supporting

invoices or quotes) that the pricing proposed is on an item which differs from the

“Schedule of Items” then the Government reserves the right to employ remedies such as:

a. Where an insignificant number of items differ from the “Schedule of

Items” descriptions, those items will be eliminated from the evaluation of all offerors;

b. Single serve items with small quantity differences may be evaluated without

adjustment, as any additional quantity provides no additional value; and

c. Larger, generally wholesale size items, with quantity differences may be

evaluated on a per pound or similar basis.

d. IF discussions are held, and after those discussions transpire, a significant

number of items still differ from the “Schedule of Items” descriptions then the offeror

may be eliminated from the competitive range. Whatever remedy is selected by the

Government shall apply to the base period and all option periods in the acquisition.

E. ALL offered product prices must be substantiated with a copy of the manufacturer or

grower’s invoice or quote for each item in the Schedule of Items. The Schedule of Item

No. must be reflected on each invoice or quote so as to identify what item each invoice

corresponds to. Quotes must be presented in the following manner:

i. Detailed on manufacturer or grower company letterhead;

ii. Date price quote was supplied;

iii. Time period price quote is effective;

iv. Quantity covered by price quote;

v. Manufacturer or grower part number; and

vi. Manufacturer or grower’s point of contact, including name, title, address, and

phone number.

vii. FOB terms

The invoices should reflect the prices effective within thirty (30) days prior to the

solicitation issue date. If invoices are not available for that time period, the most recent

invoices shall be submitted reflecting the last purchase made for the item. Offerors that

submit revised prices shall supply invoices or quotes from the time period of thirty days

prior to the due date of the revised proposals. The Government has a strong preference

for prices within the timelines indicated above over earlier dates. For evaluation

purposes, the offeror is required to submit pricing for the Schedule of Items that will meet

the Government’s minimum requirement, except for Brand Name items, which must be

priced according to the exact brand name product.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(iv) Option Price

A. There are two (2) two (2) year options in this solicitation. Acceptance of these options is

mandatory. Two copies of the form below must be completed and submitted in the Price

Proposal, one for each pricing method (Method I Pricing and Method 2 Pricing).

B. If an offeror does not submit option term prices for the distribution portion of the price,

the offeror’s proposal may be rejected. Option term price increases or decreases are to be

expressed as a percentage increase or decrease from the base/previous option period. Option term

price increases or decreases must be specified for both normal and premium distribution prices.

The firm may also elect to offer no change in the distribution prices over the life of the contract.

C. Offeror may choose not to increase their distribution price for one or more of the option

years. In this case, annotate 0.0% in the option year block as applicable. If option pricing is not

annotated below, the proposal will be evaluated as having “no change” to the distribution pricing

for the two (2), two (2)-year options in this solicitation.

D. Offerors who elect to increase or decrease their distribution prices for option years must

submit the pricing in the form of a percentage rate of change over the prior year distribution

prices. The offeror must limit any changes to their distribution prices by this percentage. The

percent change per year will apply to all categories. Also, please note that it is possible, and may

be desirable, to offer a lower percentage for successive years, due to the experience factor gained

in dealing with the region and business.

E. The distribution prices for the option periods are calculated as a percentage increase or

decrease from the previous two year distribution price. Offerors shall indicate percent increase(s)

over the previous two year price for each option period. The percentage increase or decrease will

cover the two (2) year option period. See below examples of a 2% increase and a 2% decrease

for each option period. Therefore if a 1% increase or decrease is anticipated each calendar year, a

2% increase or decrease would be proposed for the two (2) year option period:

Percentage Increase Example:

Base Year Distribution Price = $10.00

Option Period One (Years 3 and 4): $10.00 x 2% = $10.20

Option Period Two (Years 5 and 6): $10.20 x 2% = $10.40

Percentage Decrease Example:

Base Year Distribution Price = $10.00

Option Period One (Years 3 and 4): $10.00 x –2% = $9.80

Option Period Two (Years 5 and 6): $ 9.80 x –2% =$9.60

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(iv) Option Price (continued)

Please fill out the below based on the proposed Option Period Distribution Percentage Increase

or Decrease:

Normal Distribution Price:

Base Year (2 Years) Total Dollar Value: _____________________________

Option Period One = Two Years _________% Increase or Decrease (Please Circle One)

Option Period One (Years 3 and 4) Total Dollar Value: __________________________

Option Period Two = Two Years _________% Increase or Decrease (Please Circle One)

Option Period Two (Years 5 and 6) Total Dollar Value:__________________________

TOTAL AGGREGATE CORE ITEMS DOLLAR VALUE FOR ALL YEARS

____________________________

Premium Distribution Price:

Base Year (2 Years) Total Dollar Value: _____________________________

Option Period One = Two Years _________% Increase or Decrease (Please Circle One)

Option Period One (Years 3 and 4) Total Dollar Value: __________________________

Option Period Two = Two Years _________% Increase or Decrease (Please Circle One)

Option Period Two (Years 5 and 6) Total Dollar Value:__________________________

TOTAL AGGREGATE CORE ITEMS DOLLAR VALUE FOR ALL YEARS

____________________________

Offeror must include a total $ figure for the base year and the option periods (Two (2) Years).

If CPI is used in pricing of the option periods, the CPI should be based on “Consumer Price Index (All

Urban), All Items (Consumer).” If CPI is used as the rate of change, the change should be annotated as

shown in the following example:

Option Period 1 One half % of the CPI % increase **% Cap = 5.00% (Cap must be

submitted as a percentage)

**The cap will be used to evaluate your proposals total cost to the Government.

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Addendum to FAR 52.212-1 (continued)

9. Submission Requirement – Cost or Price Proposal – Volume II (continued)

(v) Discounts, Rebates, Allowances or Other Similar Economic Incentives or Benefits

The contractor shall identify all discounts, rebates, allowances or other similar economic incentives or

benefits given to any other customer for each item. In addition, the contractor must identify those types

of discounts, rebates, allowances or other similar economic incentives or benefits given to any other

customer that it shall pass on to the Government and those types of discounts/rebates that will be retained

by the contractor. These discounts, rebates, allowances or other similar economic incentives or benefits

shall be reported monthly as identified in the special contract requirements/management reports section of

the statement of work.

THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ALL

ASPECTS OF AN OFFEROR’S PRICE PROPOSAL.

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

The following provisions are incorporated in full text:

DLAD 52.215-9007 Preproposal Conference (Feb 2005)

A preproposal conference will be held to explain the requirements of this solicitation, SPM300-08-R-

0061, and to respond to questions raised by prospective offerors. Prospective offerors are encouraged to

attend. To arrange attendance, prospective offerors are requested to contact:

Name:

Ginny Barnwell

Linda Ford

Phone :

215-737-2977

215-737-7804

Email:

[email protected]

The date, time, and location of the conference are provided below:

Date:

14 May 2008

Time:

8:30 AM

Location:

Philadelphia Hilton Airport

Independence Ballroom AB

4509 Island Avenue

Philadelphia, PA 19153

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PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-1 (continued)

DLAD 52.215-9007 (continued)

Prospective offerors are requested to submit questions regarding the solicitation in writing via electronic

mail to the above e-mail address five (5) days in advance of the conference to allow their inclusion in the

agenda. Questions will be considered at any time prior to or during the conference; however, offerors will

be asked to confirm verbal questions in writing.

The Government will not be liable for expenses incurred by an offeror prior to contract award.

Offerors are cautioned that remarks and explanations provided at the conference shall not change the

terms of this solicitation unless the solicitation is amended in writing. Offerors may obtain a copy of the

conference minutes from the Contracting Officer.

DSCP 52.204-9P03 REQUIREMENT FOR CERTIFICATION OF A PREVIOUSLY EXECUTED

ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (TPA)

(MAY 2004)

If the offeror intends to use a previously executed Electronic Data Interchange (EDI) Trading Partner

Agreement (TPA) between the Defense Supply Center Philadelphia and the offeror in the performance of

any resultant contract, the offeror must complete the certification at 52.204-9P04 in Section K of this

solicitation.

52.209-9P06 RESPONSIBILITY OF OFFEROR (JAN 1992) DSCP

In considering the responsibility of an offeror, the government reserves the right to determine the

responsibility of the offeror’s proposed subcontractor(s) or supplier(s). The same factors shall be used to

determine the responsibility of the offeror and its subcontractor(s) or supplier(s). The determination of

responsibility of a proposed subcontractor or supplier shall not be construed to relieve the contractor of

the sole responsibility of assuring that performance of all work under the contract is in strict accordance

with its terms and conditions.

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FAR

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose

offer conforming to the solicitation will be most advantageous to the Government, price and other factors

considered. The following factors shall be used to evaluate offers:

SEE ADDENDUM___________________________

___________________________________________

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all

options to the total price for the basic requirement. The Government may determine that an offer is

unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

offeror within the time for acceptance specified in the offer, shall result in a binding contract without

further action by either party. Before the offer’s specified expiration time, the Government may accept an

offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of

withdrawal is received before award.

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ADDENDUM TO FAR 52.212-2

1. Paragraph (a) is hereby expanded to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror

whose offer conforming to the solicitation will be most advantageous to the Government, cost or

price and other non-price factors considered. The following technical and cost or price factors

shall be used to evaluate offers:

TECHNICAL PROPOSAL (NON-PRICE FACTORS)

I. Distribution System Capability/Quality Assurance

(Sub factors are of equal importance)

A. Location

B. Warehouse Storage

C. Resource Availability

D. Airlift Experience

E. Quality Control Assurance & Warehouse Procedures

F. Inspection & Sanitation Procedures

G. Supplier Selection Procedures

H. Force Protection

II. Experience/Past Performance

(Subfactors A and B are of equal importance to each other and Subfactors C and D are of

equal importance to each other. Subfactors A and B are more important than Subfactors

C and D.

A. Experience

B. Past Performance

C. Socioeconomic Considerations

D. JWOD Support

III. Customer Support/Product Availability

(Sub factors are of equal importance)

A. Customer Service Approach

B. Product Sourcing

C. Pipeline

IV. Surge and Sustainment

A. Contractor Readiness Capability Plan

V. Socioeconomic Considerations

VI. JWOD Support

COST OR PRICEPROPOSAL (PRICE FACTORS)

I. Aggregate Distribution Prices

II. Aggregate Prices

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Addendum to FAR 52.212-2 (continued)

Technical Factors I through VI are more important than Cost or Price Factors. Technical

Factors I and II are of equal importance and are more important than the remaining technical

factors. Technical factor III is more important than Technical Factors IV, V, and VI.

Technical Factor IV is more important than Technical Factors V and VI. Technical Factors V

and VI are socioeconomic factors which are of equal importance to each other and will be

rated comparatively. The sub-factors listed under Factor I are of equal importance to each

other. For Factor II, sub-factors A and B are of equal importance to each other, and sub-

factors C and D are of equal importance to each other; however, sub-factors A and B are

more important than factors C and D. The sub-factors listed under Factor III are of equal

importance to each other. Price factors are listed in descending order of importance. Because

this procurement will use the trade off process as outlined in FAR 15.101-1, the Government

may accept other than the lowest priced proposal as the overall best value. The Government

will make a risk assessment based on information contained in the proposal and other

information, which has or may be derived from sources other than the proposal. Risk to the

Government will be considered in the rating for any factors and/or sub-factors.

2. Add paragraph (d) as follows:

(d) Source Selection and Evaluation Procedures:

Summary: Subsequent to the date specified in the solicitation for receipt of proposals, all timely

proposals will undergo a technical and cost or price evaluation as described below. The Contracting

Officer may make a competitive range determination based on these evaluations, and submit it to the

Source Selection Authority (SSA) for approval. Unless award is made on the basis of initial proposals,

written and/or oral discussions will be conducted with all offerors in the competitive range. Final revised

offers resulting from discussions will undergo further technical and cost or price evaluations. Finally, a

proposal will be selected for award by the SSA, as described below.

Evaluation Process. Factors I through VI are considered technical factors and will be evaluated in

accordance with the Technical Evaluation Process outlined below. Cost or price will be evaluated in

accordance with the Price Evaluation Process outlined below

Technical Evaluation Process

– Offerors are required to present all of their information in writing, as

prescribed in the section of this solicitation entitled Submission Requirements. Proposals so technically

deficient as to make them technically unacceptable will be rejected as unacceptable, regardless of the cost

or price offered. No discussions will be held with rejected offerors, nor will any rejected offeror be given

an opportunity to revise its offer to correct deficiencies in order to become acceptable after the date and

time specified for the receipt of offers.

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Technical Evaluation Process (continued)

Factor I. Distribution-System Capability/Quality Assurance

A. Location:

The location of the offeror’s facilities will be evaluated to determine it’s sufficiency to support the

customers with timely deliveries during normal deliveries as well as emergencies. Adequate existing

facilities will generally be rated more favorably than those under construction.

B. Warehouse Storage:

The offerors physical facilities, including whether they are owned or leased, will be evaluated to

determine its open capacity, layout, appropriate temperature controls, available yard space and available

equipment to successfully meet the requirements of this solicitation. Adequate facilities will generally be

rated more favorably.

C. Resource Availability:

The Government will evaluate the offeror’s quantity, size, type, location of distribution equipment

resources (i.e. number and type of trucks, owned/leased, etc.) available to successfully meet the

requirements of this solicitation. Personnel resources for proper maintenance of distribution equipment

will be assessed. Adequate existing equipment and personnel will generally be rated more favorably.

D. Airlift Experience:

The Government will evaluate the offeror’s experience and ability to execute airlifts and to obtain and

store adequate amounts of dry ice, wet ice, and tri-walls (chill, freeze, and dry) to meet the requirements

of this solicitation. Adequate experience and ability to perform will generally be rated more favorably.

E. Quality Control Assurance and Warehouse Procedures:

The offeror’s quality control and warehouse procedures will be evaluated to determine if the quality

requirements of this solicitation will be met. Product movement procedures, inventory control systems,

level of automation, reserve inventory and/or let down control procedures, inventory rotation methods,

quality assurance personnel, inventory turnover rates, and shelf life procedures will be assessed.

Sophisticated levels of automation and highly computerized systems will generally be rated more

favorably.

F. Inspection and Sanitation Procedures

The Government will evaluate the offeror’s inspection program, sanitary control procedures and stored

products pest management program. Sophisticated levels of automation, detailed and systemic programs

will generally be rated more favorably.

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Technical Evaluation Process (continued)

Factor 1 (continued)

G. Supplier Selection Procedures

The Government will evaluate the offeror’s supplier selection program. This evaluation will be

conducted to determine the effectiveness of the program to promote competition and provide continued

supply of quality products at the best price with minimal variation to meet the requirements of this

solicitation. Programs that ensure quality, consistency, and best pricing will generally be rated more

favorably.

H. Force Protection:

The Government will evaluate the offeror’s security plan to meet the requirements of this solicitation.

Operationally proven security plans will generally be rated more favorably.

Factor II – Experience/Past Performance

When evaluating Experience and Past Performance, the offeror’s written proposal relevant Government

(in-house) records, and the information provided by the points of contact or references designated by the

offeror will be taken into account. Government (in-house) records will be considered more reliable than

information derived from other sources. This assessment will also be performed for any partner that will

perform in support of the proposed contract.

The Government will perform an integrated assessment of the offeror’s individual house experience and

past performance. This assessment will also be performed for any partner(s) or joint venture(s) that will

perform in support of the proposed contract.

The subfactors A and B for Experience/Past Performance are of equal importance to each other and of

greater importance than subfactors C and D, which are of equal importance to each other.

A. Experience

Element 1 – Size and Complexity – The Government will evaluate the offeror’s experience in fulfilling

requirements of similar size and complexity as a contractor on the battlefield for customers in a prime

vendor/regular dealer capacity on an individual contract basis only for its top five (5) dollar value

contracts, including Government contracts, if any. The estimated requirements of the solicited contract

are as follows:

Zone 1 Zone 2

Annual Dollar Value $1.3B $264M

Estimated line items/SKUs Kuwait to Kuwait 773

Kuwait to Iraq 829

Turkey to Iraq 115

Jordan to Iraq 812

Average delivery stops per week 163 25

Average delivery orders per week 696 130

Average line items ordered per week 100 100

Average delivery order dollar value $44,800 $38,121

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Technical Evaluation Process (continued)

Factor 2 (continued)

Element 2 – Key Personnel – The offeror’s identification of key personnel, and their relevant individual experience,

will be examined in order to determine the anticipated success of the firm in providing service to its customers.

Within the Experience subfactor, element 1 (Size and Complexity) is of greater importance than element 2 (Key

Personnel).

B. Past Performance

Contract Performance/Customer Satisfaction – The Government will evaluate the offeror’s record of performance

with both commercial and Government contracts (if any) for its top five (5) dollar value contracts. The Government

will determine whether the firm has a successful history of: conformance to contractual requirements or business

agreements, providing consistently high fill rates; a commitment to customer satisfaction; and timely delivery of

quality products.

C. Socioeconomic Past Performance – If an offeror has performed on Government contracts that are subject to prior

socioeconomic goals (including any such contracts are within the offeror’s top five (5) dollar value contracts and

any other Government contracts), they will be evaluated on their adherence to the requirements of these various

socioeconomic considerations of past and current contracts. This aspect of the Government’s evaluation is limited

to socioeconomic matters only and other aspects of past performance are evaluated as described in the previous

paragraph.

D. JWOD – If an offeror has performed on Government contracts that are subject to prior JWOD requirements

(including any such contracts are within the offeror’s top five (5) dollar value contracts and any other Government

contracts), they will be evaluated on their adherence to the requirements of the Javits-Wagner-O’Day Act Entity

Support of past and current contracts. This aspect of the Government’s evaluation is limited to socioeconomic

matters only and other aspects of past performance are evaluated as described in the previous paragraph.

Offerors that do not have records of past performance on socioeconomic and/or JWOD issues will receive a

“Neutral” rating. This evaluation will also be performed for any partner involved in the proposed contract.

Government (in-house) records will also be used for this evaluation, if applicable, and will be considered more

reliable than information derived from other sources.

Factor III - Customer Support/Product Availability

A. Customer Service Approach:

The offeror’s customer service program and strategy to include benchmarks, value added services, complaint

resolutions, number of visits, performance incentives and authority levels will be evaluated to determine its

commitment to customer satisfaction. The offeror’s system used to track deliveries and accuracy of orders, manage

order deviations and cancellations will also be evaluated. Offerors that provide high levels of customer service will

generally be rated more favorably.

B. Product Sourcing:

The items an offeror carries in its inventory from approved sources that meet the item descriptions or acceptable

equivalent of the items in the “Schedule of Items,” see attachments 3 through 5 will be evaluated. Offeror’s that

demonstrate the exact item from approved sources in accordance with the requirements will generally be rated more

favorably.

C. Pipeline:

The quantity of pallets that the offeror is capable of providing from the CONUS place of performance to port of

debarkation, on the water, and from the OCONUS port of debarkation to place of performance will be evaluated.

Pipelines with higher capacity will generally be rated more favorably.

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Technical Evaluation Process (continued)

Factor IV Surge and Sustainment

The Government will evaluate the offeror’s ability to support surge and sustainment requirements in the

catalog solicitation submission worksheet. This factor will be review by a subject matter expert.

Factor V. Socioeconomic Considerations

Socioeconomic goals will be evaluated on a comparative basis among all offerors. The offeror that

proposes a higher percentage, complexity level, and variety of participation by SB, SDB, VOSB, SVOSB,

and HZSB concerns will generally receive a higher rating on this factor.

Factor VI. Javits-Wagner-O’Day Act Entity Support

Javits-Wagner-O’Day goals will be evaluated on a comparative basis among all offerors. The offeror that

proposes a higher percentage, complexity level, and variety of participation by JWOD entities will

generally receive a higher rating on this factor.

Price Evaluation Process

- Each proposal will be evaluated against the requirements of the solicitation.

The Government will evaluate limited pricing data with the initial proposals and during discussions, in

accordance with FAR 15.4, “Contract Pricing”.

The Government will evaluate the offeror’s pricing on the items listed in the Schedule of Items. Included

in this process is the evaluation of options. The estimated quantities shall be multiplied by the unit prices

to determine the lowest overall cost to the Government. Evaluation of the items will be on a group basis

in accordance with FAR 25.503. See evaluation procedures at DFARS 225.502. If there are domestic

offers (supplying greater than 50% domestic products), a 50% factor will be added to any non-qualifying

country offer (supplying greater than 50% non-qualifying country products). If there are no domestic

offers, or when a qualifying country offer (see 225.872-1 for a list of qualifying countries) is lower than

the domestic offer, any non-qualifying country offers will be evaluated without the 50%. If these

procedures result in a tie between a non-qualifying country offer and a domestic offer, the domestic offer

will be considered the low offer on the basis of the pricing factor. These line by line figures will be

totaled to arrive at an aggregate value. Pricing will be evaluated for all option years in the same manner.

A separate evaluation will also be made of the distribution prices provided for in the Schedule of Items, in

order to determine aggregate distribution fees, and to compare category prices among zones. Distribution

prices will be more important than product price.

The information requested on the “Schedule of Items” attachments 3 thru 5 will be evaluated on a

comparative basis among all offerors.

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Price Evaluation Process (continued)

If MPA items are added to this solicitation via solicitation amendment, the fixed MPA item product price

will be used for evaluation of the market basket schedule of items for all offerors. The offerors will not

be required to have commercial agreements in place with the MPA holders at this time. The Contracting

Officer will automatically substitute each offerors market basket product price with the fixed MPA

product price despite whether the offered product price is higher or lower than the fixed MPA product

price.

The offeror is required to furnish limited pricing information as outlined in the solicitation section entitled

Submission Requirements.

To be acceptable, the firm’s price proposal must be complete, realistic, and reasonable. Proposals that are

unrealistic in terms of technical or schedule commitments, or unrealistically low in price, will be

considered indicative of a lack of understanding of the solicitation requirements.

To insure an objective price evaluation, the pricing of all offerors are to be based on the exact item in our

schedule of items. When offerors qualify the salient characteristics of an item or items in the schedule

and or when the government detects (through a relative pricing review and or a review of supporting

invoices or quotes) that the pricing proposed is on an item which differs from the schedule of items

description then the government reserves the right to employ remedies such as:

(a) Where an insignificant number of items differ from the schedule of item

descriptions, those items will be eliminated from the evaluation of all offerors;

(b) Single serve items with small quantity differences may be evaluated without

adjustment, as any additional quantity provides no additional value; and

evaluated on a per pound or similar basis.

(d)After discussions are held, if a significant number of items differ from the

schedule of item descriptions then the offeror may be eliminated from the competitive

range.

Competitive Range Determination

. If discussions are required, after initial evaluations are completed,

the contracting officer will make a competitive range determination. Price and technical considered, only

the highest rated offerors will be included in the competitive range. Offerors in the competitive range will

be included in discussions. Offerors out of the competitive range will not participate in discussions and

will no longer be considered for award. Offerors excluded from the competitive range will be notified in

writing. At that time, pursuant to FAR 15.505 (A) an offeror may request a pre-award or post-award

debriefing. If a pre-award debriefing is held only limited information will be releasable. Offerors

debriefed after the competitive range determination are not entitled to a second debriefing after the award

is made.

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Addendum to FAR 52.212-2 (continued)

2(d). Source Selection and Evaluation Procedures (continued)

Selection Process

. The final technical and cost or price evaluation reports will be furnished to the

Contracting Officer by the Evaluation Panel. The Contracting Officer will prepare a written

recommendation for award and forward it to the Source Selection Authority (SSA). It is the ultimate

decision of the SSA to determine which offeror receives the award.

The following provisions are incorporated in full text:

FAR 52.216-1 -- Type of Contract (Apr 1984)

The Government contemplates award of a fixed price/fixed price with prospective price

redetermination contract resulting from this solicitation.

DSCP 52.217-9P13 EVALUATION OF OPTIONS -- SOURCE SELECTION FOR AN

INDEFINITE-DELIVERY, INDEFINITE-QUANTITY CONTRACT (JAN 1992)

(a) For award purposes, in addition to an offeror’s response to the base ordering period, the

government will evaluate its response to all options, both technical and price. To evaluate price, the

government will add the total price for all options to the total price for the base ordering period. Further,

where a contract line or sub line item number in section B specifies a minimum and maximum quantity,

the maximum quantity will be used to determine the total price. Evaluation of options will not obligate

the government to exercise the options. For this solicitation, the options are as specified in clause 52.217-

9P12.

(b) Should offerors propose option prices which vary (for example, with quantities actually ordered

and the dates when ordered), these offers will be evaluated using the highest option price offered for each

item.

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FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2007)

An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual

representations and certifications electronically at http://orca.bpn.gov

. If an offeror has not completed the

annual representations and certifications electronically at the ORCA website, the offeror shall complete

only paragraphs (b) through (k) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of

the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its

nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which

can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999,

except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or

otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of

manufacture.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the

case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or

more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more

service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe

disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2)

, with a disability that is

service-connected, as defined in 38 U.S.C. 101(16)

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FAR 52.212-3 (continued)

“Small business concern” means a concern, including its affiliates, that is independently owned and

operated, not dominant in the field of operation in which it is bidding on Government contracts, and

qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at

38 U.S.C. 101(2)

) or, in the case of any publicly owned business, not less than 51 percent of the stock of

which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more

women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or

more women; and whose management and daily business operations are controlled by one or more

women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned

business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109

, 31 U.S.C. 7701). (Not applicable if the

offeror is required to provide this information to a central contractor registration database to be eligible

for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this

provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting

requirements of 26 U.S.C. 6041

, 6041A, and 6050M, and implementing regulations issued by the Internal

Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts

arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting

contract is subject to the payment reporting requirements described in FAR 4.904

, the TIN provided

hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

o TIN: ________________________________.

o TIN has been applied for.

o TIN is not required because:

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have

income effectively connected with the conduct of a trade or business in the United States and does not

have an office or place of business or a fiscal paying agent in the United States;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

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FAR 52.212-3 (continued)

(4) Type of organization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other ________________________________.

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small

business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a

small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer

that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror

represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The

offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business

concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small

business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical

purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small

business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a

women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the

simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the

offeror is a women-owned business concern and did not represent itself as a small business concern in

paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors

may identify the labor surplus areas in which costs to be incurred on account of manufacturing or

production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract

price:____________________________________

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FAR 52.212-3 (continued)

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the

Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

[Complete only if the offeror has represented itself to be a small business concern under the size

standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging

small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its

offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted

industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if

size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average

Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms

of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51–100 __ $1,000,001–$2 million

__ 101–250 __ $2,000,001–$3.5 million

__ 251–500 __ $3,500,001–$5 million

__ 501–750 __ $5,000,001–$10 million

__ 751–1,000 __ $10,000,001–$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23

, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25

, Small

Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror

desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged

business concern and identified, on the date of this representation, as a certified small disadvantaged

business concern in the database maintained by the Small Business Administration (PRO-Net), and that

no material change in disadvantaged ownership and control has occurred since its certification, and,

where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of

each individual upon whom the certification is based does not exceed $750,000 after taking into account

the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

SPM300-08-R-0061 Page 184 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(B) It o has, o has not submitted a completed application to the Small Business Administration

or a Private Certifier to be certified as a small disadvantaged business concern in accordance with

13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in

disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business

Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the

requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is

accurate for the small disadvantaged business concern that is participating in the joint venture. [The

offeror shall enter the name of the small disadvantaged business concern that is participating in the joint

venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small

business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on

the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material change in ownership and control, principal office, or HUBZone

employee percentage has occurred since it was certified by the Small Business Administration in

accordance with 13 CFR Part 126; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and

the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business

concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names

of the HUBZone small business concern or concerns that are participating in the joint venture:

__________.] Each HUBZone small business concern participating in the joint venture shall submit a

separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each

establishment, affirmative action programs required by rules and regulations of the Secretary of Labor

(41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs

requirement of the rules and regulations of the Secretary of Labor.

SPM300-08-R-0061 Page 185 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352

). (Applies

only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the

best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her

behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this

contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly

employed officers or employees of the offeror to whom payments of reasonable compensation were

made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)

52.225-1

, Buy American Act—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this

provision, is a domestic end product and that the offeror has considered components of unknown origin to

have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign

end products those end products manufactured in the United States that do not qualify as domestic end

products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and

“United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

______________ _________________

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of

FAR Part 25

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the

clause at FAR 52.225-3

, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in

this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of

unknown origin to have been mined, produced, or manufactured outside the United States. The terms

“Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign

end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli

end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American

Act-Free Trade Agreements-Israeli Trade Act.”

SPM300-08-R-0061 Page 186 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end

products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the

clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or

Israeli End Products:

Line Item No. Country of Origin

______________ _________________

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in

paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American

Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products

those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

______________ _________________

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of

FAR Part 25

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3

is included in this solicitation, substitute the following

paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

SPM300-08-R-0061 Page 187 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in

the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade

Act”:

Canadian End Products:

Line Item No.

_______________________________________

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3

is included in this solicitation, substitute the following

paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end

products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade

Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

______________ _________________

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5

, Trade Agreements,

is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this

provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation

entitled “Trade Agreements.”

SPM300-08-R-0061 Page 188 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(ii) The offeror shall list as other end products those end products that are not U.S.-made or

designated country end products.

Other End Products:

Line Item No. Country of Origin

______________ _________________

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of

FAR Part 25

. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-

made or designated country end products without regard to the restrictions of the Buy American Act. The

Government will consider for award only offers of U.S.-made or designated country end products unless

the Contracting Officer determines that there are no offers for such products or that the offers for such

products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive

Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition

threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its

principals—

(1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible

for the award of contracts by any Federal agency; and

(2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a

civil judgment rendered against them for: commission of fraud or a criminal offense in connection with

obtaining, attempting to obtain, or performing a Federal, state or local government contract or

subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, tax evasion, or receiving stolen property; and

(3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses.

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive

Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired

under this solicitation that are included in the List of Products Requiring Contractor Certification as to

Forced or Indentured Child Labor, unless excluded at 22.1503

(b).]

SPM300-08-R-0061 Page 189 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(1) Listed end products.

Listed End Product Listed Countries of Origin

___________________ ___________________

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in

paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking

the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that

was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was

mined, produced, or manufactured in the corresponding country as listed for that product. The offeror

certifies that it has made a good faith effort to determine whether forced or indentured child labor was

used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of

those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of

manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of

manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products

manufactured in the United States exceeds the total anticipated price of offered end products

manufactured outside the United States); or

(2) o Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its

certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR

22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for

other than Governmental purposes and are sold or traded by the offeror in substantial

quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established

catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or

repair of such equipment; and

SPM300-08-R-0061 Page 190 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(iii) The compensation (wage and fringe benefits) plan for all service employees

performing work under the contract will be the same as that used for these employees and

equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does

not certify that--

(i) The services under the contract are offered and sold regularly to non-

Governmental customers, and are provided by the offeror (or subcontractor in the case of an

exempt subcontract) to the general public in substantial quantities in the course of normal

business operations;

(ii) The contract services will be furnished at prices that are, or are based on,

established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will

spend only a small portion of his or her time (a monthly average of less than 20 percent of

the available hours on an annualized basis, or less than 20 percent of available hours during

the contract period if the contract period is less than a month) servicing the Government

contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees

performing work under the contract is the same as that used for these employees and

equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and

the Contracting Officer did not attach a Service Contract Act wage determination to the

solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails

to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the

Contracting Officer as required in paragraph (k)(3)(i) of this clause.

SPM300-08-R-0061 Page 191 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

(1)(1) Annual Representations and Certifications. Any changes provided by the offeror in

paragraph (k)(2) of this provision do not automatically change the representations and certifications

posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the

ORCA website at http://orca.bpn.gov

. After reviewing the ORCA database information, the offeror

verifies by submission of this offer that the representations and certifications currently posted

electronically at FAR 52.212-3

, Offeror Representations and Certifications—Commercial Items, have

been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this

solicitation (including the business size standard applicable to the NAICS code referenced for this

solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201

except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (b) through (j) of this provision that the offeror

has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and

are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in

an update to the representations and certifications posted on ORCA.]

(End of provision)

Alternate I (Apr 2002). As prescribed in 12.301

(b)(2), add the following paragraph (c)(11) to the basic

provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9)

of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia,

Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The

Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall

Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands,

Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

SPM300-08-R-0061 Page 192 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

FAR 52.212-3 (continued)

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,

Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

Alternate II (Oct 2000). As prescribed in 12.301

(b)(2), add the following paragraph (c)(9)(iii) to the

basic provision:

(iii) Address. The offeror represents that its address o is, o is not in a region for which a small

disadvantaged business procurement mechanism is authorized and its address has not changed since

its certification as a small disadvantaged business concern or submission of its application for

certification. The list of authorized small disadvantaged business procurement mechanisms and

regions is posted at http://www.arnet.gov/References/sdbadjustments.htm

. The offeror shall use the

list in effect on the date of this solicitation. “Address,” as used in this provision, means the address

of the offeror as listed on the Small Business Administration’s register of small disadvantaged

business concerns or the address on the completed application that the concern has submitted to the

Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B.

For joint ventures, “address” refers to the address of the small disadvantaged business concern that

is participating in the joint venture

SPM300-08-R-0061 Page 193 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

ADDENDUM TO FAR 52.212-3

The following clause is incorporated by reference:

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist

Country (Oct 2006)

The following clauses are incorporated in full text:

FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, __

intends, __ does not intend [check applicable block] to use one or more plants or

facilities located at a different address from the address of the offeror or respondent as indicated in this

proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the

following spaces the required information:

LACE OF PERFORMANCE (STREET

ADDRESS, CITY, STATE, COUNTY, ZIP

CODE)

AME AND ADDRESS OF OWNER AND OPERATOR OF THE

PLANT OR FACILITY IF OTHER THAN OFFEROR OR

RESPONDENT

____________________ _______________________

SPM300-08-R-0061 Page 194 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-3 (continued)

DFARS 252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM

CERTIFICATE (JUN 2005)

(a) Definitions. “Domestic end product,” “foreign end product,” “qualifying country,”

“qualifying country end product,” and “United States” have the meanings given in the Buy

American Act and Balance of Payments Program clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the

Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the

restrictions of the Buy American Act or the Balance of Payments Program.

(1) For all line items subject to the Buy American Act and Balance of Payments Program

clause of this solicitation, the offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this

provision, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined,

produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end

products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products:

Line Item Number Country of Origin (If known)

SPM300-08-R-0061 Page 195 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-3 (continued)

DLAD 52.233-9000 AGENCY PROTESTS (SEP 1999)

Companies protesting this procurement may file a protest 1) with the contracting officer, 2) with the

General Accounting Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision

by the Activity’s Chief of the Contracting Office. Protests filed with the agency should clearly state that

they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for

Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the

initial protest than would occur with a protest to the contracting officer; this process is not an appellate

review of a contracting officer's decision on a protest previously filed with the contracting officer).

Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be

protests to the contracting officer.

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (JUN 2001)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If

unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR)

techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is

unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the

dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the

other party. The documentation rejecting ADR must be signed by an official authorized to bind the

contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level

above the contracting officer after consultation with the ADR Specialist and with legal counsel (see DLA

Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their

discussions with the contracting officer before determining ADR to be inappropriate.

the contracting officer.

SPM300-08-R-0061 Page 196 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

Addendum to FAR 52.212-3 (continued)

DSCP 52.204-9P04 CERTIFICATION REGARDING A PREVIOUSLY EXECUTED

ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (TPA)

(MAY 2004)

The Offeror certifies that—

(a) It intends to use a previously executed EDI TPA in the performance of any resultant contract.

(b) Such EDI TPA—

(1) is between the Defense Supply Center Philadelphia, Directorate of _______________________

and ___________;

(2) is dated _______________; and

(3) includes the following modification(s) (if "none", so state):

Modification Number Date

DSCP 52.211-9P38 PLACE OF PERFORMANCE (NOV 2005)

(a) The offeror must stipulate in the Place of Performance clause included in this solicitation

information pertinent to the place of performance. Failure to furnish this information with the bid may

result in rejection of the offer/bid.

(b) No change in the place(s) of performance shall be permitted between the opening/closing date of

the bid/offer and the award except where time permits and then only upon receipt of the contracting

officer’s written approval.

prohibited unless it is specifically approved in advance by the contracting officer.

Paragraph (d) is applicable only

when checked.

SPM300-08-R-0061 Page 197 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (JUN 2005)

(a) Definitions. As used in this clause—

(1) “Foreign person” means any person other than a United States person as defined in

Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) “United States” means the 50 States, the District of Columbia, outlying areas, and the

outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) “United States person” is defined in Section 16(2) of the Export Administration Act

of 1979 and means any United States resident or national (other than an individual

resident outside the United States and employed by other than a United States person),

any domestic concern (including any permanent domestic establishment of any foreign

concern), and any foreign subsidiary or affiliate (including any permanent foreign

establishment) of any domestic concern which is controlled in fact by such domestic

concern, as determined under regulations of the President.

(b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity,

certifies that it—

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary

Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a

United States person from taking.

solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of

this provision whether transportation of supplies by sea is anticipated under the resultant

contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause

of this solicitation.

(2) Representation. The Offeror represents that it—

___________Does anticipate that supplies will be transported by sea in the performance of any

contract or subcontract resulting from this solicitation.

___________Does not anticipate that supplies will be transported by sea in the performance of

any contract or subcontract resulting from this solicitation.

(1) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea

clause. If the Offeror represents that it

(2) will not use ocean transportation, the resulting contract will also include the Defense Federal

Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of

Supplies by Sea.

SPM300-08-R-0061 Page 198 of 257

PRIME VENDOR KUWAIT/IRAQ/JORDAN

DOCUMENTS, EXHIBITS AND ATTACHMENTS

Attachment 1 – Category/Distribution List – Zone 1

Attachment 2 – Category/Distribution List – Zone 2

Attachment 3 – Schedule of Items – Zone 1 – Kuwait to Kuwait

Attachment 4 – Schedule of Items – Zone 1 – Kuwait to Iraq & Turkey to Iraq

Attachment 5 – Schedule of Items – Zone 2 – Jordan to Iraq

Attachment 6 – NAPA Holders Listing

Attachment 7 – STORES EDI Information & 810 Transaction Set

Attachment 7a-- 832 Catalog (Vendor to DSCP)- Proposed Modifications to

Common Food Management System (CFMS) elements *

Attachment 8 – Sample Subcontracting Plan

NOTE: ATTACHMENTS 1-5 WILL BE PROVIDED BY DSCP UPON REQUEST.

CONTACT INFORMATION FOLLOWS:

Please contact Contract Specialist Ginny Barnwell or Contracting Officers Tim Dlugokecki or Linda

Ford in order to receive an electronic copy of the item categories and schedule of items, attachments 1

through 5. The format will be Microsoft Excel Spreadsheet. Offers must use the provided format for

proposal submission. Any proposal which does not include a printed hard copy of the provided

spreadsheets as well as a copy on CD may result in the rejection of the entire proposal.

Contract Specialist

Contracting Officer Contracting Officer

Ginny Barnwell Tim Dlugokecki Linda Ford

215-737-2977 215-737-4671 215-737-7804

[email protected]

[email protected] [email protected]il

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN– ATTACHMENT 7

NAPA Holders Listing

DRAFT

ATTACHMENT 6

STARTS ON THE

FOLLOWING PAGE

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Agreement

Number

Vendor Brands

0353

ACH Food Companies, Inc.

7171 Goodlett Farms Parkway

Memphis, TN 38016

• Frymax

• Whirl

0157

Advance Food Company

13800 Wireless Way

Oklahoma City, OK 73134

Click Here

0367

Alder Foods

1 Foxhill Drive

Walpole, MA 02081

• Alder Foods

• Farmland

• Parmalat

0317

American Bounty

12624 Daphne Avenue

Hawthorne, CA 90250

• American Bounty

0296

American Coffee Federation

1100 17th St SW

Washington, DC 20036

• Del Pais Coffee

0196

American Pride Seafoods

Hwy 69 N.

P.O. Box 436

Greensboro, AL 36744

• Southern Pride

0382

Amy Food Inc.

3324 S. Richey Street

Houston, TX 77017

• Amy Food

0160

Atkins Elegant Desserts, Inc.

15510 Stoney Creek Way

Noblesville, IN 46060

• Atkins Elegant

Desserts

0388

Authentic Speciality Foods

4340 Ecalyptus Ave

Chino, CA 91710-9705

• Authentic

Speciality

0068

Awrey Bakery Food Service

12301 Farmington Road

Livonia, MI 48150

• Awrey Bakery

0312

Azar Food Service

1800 Northwestern Dr

El Paso, TX 79912

• Azar

0081

B&G Foods

4 Gatehall Drive

Suite 110

Parsippany, NJ 07054

Click Here

0400

B.C. Bundt, Inc.

P. O. Box 271848

Tampa, FL 33688-1848

• B. C. Bundt

0339

Balliro Corporation

3110 Henson Road

• Balliro

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Knoxville, TN 37921

0221

Baltimore Spice, Inc.

9740 Reisterstown Rd

Owings Mills, MD 21117

• Baltimore Spice

• Culinary Choice

0061

Barber Foods

P.O. Box 4821

Portland, ME 04112

• Barber Foods

0152

Basic American Foods

2999 Oak Road

Walnut Creek, CA 94596-2016

Click Here

0256

Baumer Foods

4301 Tulane Ave

New Orleans, LA 70119

• Crystal

0286

BD & K Foods, Inc.

312 Alabama St.

Auburn, AL 36830

• BD&K Foods

0140

Berks Packing Co., Inc.

307-323 Bingaman Street

Reading, PA 19610-5919

• Berks

0397

Blue Bunny Ice Cream

1 Blue Bunny Dr

Le Mars, IA 51031

• Blue Bunny

• Premium

• Health Smart

0257

Boja's Foods, Inc.

P.O. Box 602

Bayou La Batre, AL 36509

• Boja's

0040

Brakebush Brothers Inc.

N4993 6th Drive

Westfield, WI 54964-9511

• Brakebush

Brothers

0127

Bridgford Foods Corporation

1707 S. Good-Latimer Expwy

Dallas, TX 75226

• Bridgford

0279

Buena Vista Food Products, Inc.

823 West 8th St.

Azusa, CA 91702

• Buena Vista

• Linda's Cookies

0017

Bunge Oil

3701 Algonquin Road

Rolling Meadow, IL 60008

• Bunge Food

• R&H

0394

Burger Maker

666 16th St

Carlstadt, NJ 11433

• Burger Maker

0301

Butter Buds Foodservice

2330 Chicory Rd

Racine, WI 53403

• Butter Buds

0273 C&R Foods, Inc./Eyas Inc. • Dole

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

105 Red Maple Ct

Ponte Verda Beach, FL 32082-4605

• Ready Pac

0173

C.H. Guenther & Sons

P.O. Box 118

San Antonio, TX 78291

• Pioneer Flour

0008

Campbell Soup Co.

3010 Pleasantree Ct

Oak Hill, VA 20171

Click Here

0180

Cargill Inc./Sunny Fresh

206 West 4th St

Monticello, MN 55362

Click Here

0336

Carl Buddig and Company

950 West 175th St

Homewood, IL 60430

• Carl Buddig

• Old Wisconsin Co

0370

Carla's Pasta

50 Talbot Lane

South Windor, CT 30007

• Carla's Pasta

0150

Castleberry/Snow's Brands

P.O. Box 1010

Augusta, GA 30903

Click Here

0265

Chattanooga Bakery/Moonpie

900 Manufacturers Rd

Chattanooga, TN 37405

• Moonpie

• Lookout

0241

Chicagoland Foods

9049 Heathwood Circle

Niles, IL 60714

• Chicagoland

Foods

0164

Chicken Of The Sea International

221 E. Main Street

Milford, MA 01757

• Chicken Of The

Sea

0309

Clabber Girl Corp.

900 Wabash Ave

Terre Haute, IN 47807

• Clabber Girl

• Rumford

• Fleischmann

0329

Clear Springs Foods, Inc.

1500 E 4424 N Clear Lakes Rd

Buhl, ID 83316

• Clear Spring Fds

• X-Stream

• Treasures

0249

Clement Pappas Co, Inc.

10 N Parsonage Rd

Seabrook, NJ 08302

• Clement Pappas

• Ruby Kist

0282

Clement's Pastry Shop, Inc.

3355 B 52nd Ave

Hyattsville, MD 20781

• Clement's Pastry

Shop

0147

Clovervale Foods, Inc.

226 Connecticut Ave

Lorain, OH 44052

• Chef's Pantry

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0217

Coffee Express

P.O. Box 1998

Slidell, LA 70459

• Coffee Express

• tropi-Rich

0010

Con Agra Foods Culinary Products

7224 Greenbank Road

Baltimore, MD 21220

Click Here

0072

Continental Mills, Inc. & MultiFoods

Hilton Head Plantation

114 Headlands Drive

Hilton Head, SC 29926

• Krusteaz

• Pillsbury Bakery

Mixes

0012

Country Home Bakers, Inc.

361 Benigno Blvd

Bellmawr, NJ 08031

• Country Home

Bakers

0125

Country Pure Foods, Inc.

Foodservice Division

681 West Waterloo Road

Akron, OH 44314

• Ardmore Farms

0271

Cuisine Solutions

85 S Bragg St

Suite 600

Alexandria, VA 22312

• Cuisine Solutions

0087

Custom Food Products

5145 W. 123rd Street

Alsip, IL 60803-3495

Click Here

0098

Daily Foods, Inc.

3535 S. 500 W.

Salt Lake City, UT 84115

• Daily's

0380

Dakota Gourmet/Sun Opta Companies

896 22nd Ave. N.

Wahpeton, ND 58075

• Dakota Gourmet

• Sunrich

• Kettle Valley

0404

D'Andrea Brothers, LLC

6399 Wilshaire Blvd PH1

Los Angeles, CA 90048

• HOOAH

0026

Dannon Company Inc.

Food Service Division

1501 Knoll Ridge Circle

Corinth, TX 76205

• Dannon Yogurt

0347

Dan's Prize

226 Main St

Gainesville, GA 30501

• Dan's prize

0272

Darlington Farms

• Darlington Farms

0402

Dawn Food Products

3333 Sargent Road

Jackson, Michigan 49201

• Dawn Food

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0133

Dean Foods/Morning Star

17380 Railroad Street

City of Industry, CA 91748

• Rod's

0114

Del Monte Foods

P.O. Box 193575

San Francisco, CA 94119-3575

Click Here

0091

Devault Foods

One Devault Ln.

P.O.Box 587

Devault, PA 19432

Click Here

0330

Diamond Crystal Brands, Inc.

3000 Tremont Road

Savannah, GA 31412

• Diamond Crystal

0343

Diversified Foodservice Manufacturing Company

4305 Lynburn Drive

Tucker, GA 30084

• Diversified

0284

Dole Packaged Foods

1 Dole Dr.

Westlake Village, CA 91362

• Dole

0328

Don's Food Products

4461 Township Line Rd

Schwenksville, PA 19473

• Don's Salad

0381

Duerson Foods

8922 102nd St.

Pleasant Prairie, WI 53158

• Duerson Foods

0090

Eastside Entrees

20 Crossway Park N

Suite 100

Woodbury, NY 11797

• East Side Entrees

0315

El Cid Mexican Food Products, Inc.

731 E Angeleno Ave

Burbank, CA 91501

• El Cid Mexican

0359

El Pinto Foods

10500 4th Street

Albuquerque, NM 87114

• El Pinto

0240

Escalon Premier Brands

1905 McHenry Ave

Escalon, CA 95320

Click Here

0047

Ferrante Brothers/Nick's Sausage

P. O Box 368

5226 Monroe Place

Hyattsville, MD 20781

• Nick's Sausage

0338

Fishery Products International

18 Electronics Ave

Danvers, MA 01923

• Ocean Cuisine

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0169

Fontanini Italian Meats and Sausages

911 West 37th Place

Chicago, IL 60609

Click Here

0364

Foodnet Branded Products

4101 Cox Road

Suite 120

Glen Allen, VA 23060

• Foodnet Branded

Products

• Papa Felico

• Domenic's of NY

0337

Freedom Coffee Company

4344 Alabama Highway 41 South

Selma, AL 36701

• Freedom Coffee

0049

French's Foodservice

4343 E. Mustard Way

Springfield, MO 65803

Click Here

0354

Fruitful Juice Products

822 Packer Way

Sparks, NV 89431

• Fruitful Juice

Products

0305

Furman Foods Inc.

770 Cannery Rd

Northumberland, PA 17857

• Furmano's

0058

G & A Food Service

12200 32nd Court North

St. Petersburg, FL 33716

Click Here

0307

Gardenburger

15615 Alton Pkwy

Suite 350

Irvine, CA 92618

• Gardenburger

0011

General Mills Bakeries & Food Service Inc.

#1 G.M. Blvd

P.O. Box 1113

Minneapolis, MN 55440

Click Here

0210

GFF Inc. (Girard's Foodservice)

1520 E. Adams Blvd.

Los Angeles, CA 90011

• Girard's

0379

Giorgio Foods

1161 Park Road

Reading, PA 19605

• Giorgio

0346

Good Harbor Fillet Co

21 Great Republic Drive

Gloucester, MA 01930

• Good Harbor

Fillet

• Midship

0299

Good Humor-Breyers Ice Cream

P.O. Box 19007

Green Bay, WI 54307-9007

Click Here

0287

Grand Brand/True Lemon

• Grand Brand/True

Lemon

0356 Grecian Delight Foods, Inc. • Grecian Delight

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

1201 Tonne Road

Elk Grove Village, IL 60007

0211

Hatfield Quality Meats

2700 Funks Rd.

Hatfield, PA 19440

• Hatfield

0290

Hawaii Coffee Company, Inc.

1555 Kalani St

Honolulu, HI 96817

• Royal Kona

Coffee

• Lion Coffee

0144

Hebrew National

P.O. Box 709

Hudson, WI

• Hebrew National

0032

Heinz & Lea & Perrins, Inc. (merged)

1062 Progress Street

Pittsburgh, PA 15212

Click Here

0018

Hillshire Farm & Kahn's

324l Spring Grove Ave.

Cincinnati, OH 45225

• Hillshire

• Kahn

0248

Hope's Country Fresh Cookies

221 King Manor Drive

King of Prussia, PA 19406

• Hope's Country

Fresh Cookies

0233

Hormel Foods

#1 Hormel Place

Austin, MN 55912

Click Here

0355

Imperial Food Services, Inc.

740 Schneider Drive

South Elgin, Illinois 60177

• Imperial Food

• Betty's Kitchen

0340

Imperial Sales Company & Truitt Brothers, Inc.

P. O. Box 966

Watsonville, CA 95077

• Imperial Sales

• Mexi-Frost

• Truitt Brothers

• Saver Pak

0366

Independence Food Group

225 Donna Drive

Plymouth Meeting, PA 19462

• Independence

Food Group

• A Esposito

0200

Insta-Cook, Inc.

5400 Opportunity Court

Minnetonka, MN 55343

• Terry's Comfort

Foods

0075

J & J Snack

6000 Central Highway

Pennsauken, NJ 08109

Click Here

0034

J.M. Smuckers Co.

1 Strawberry Lane

Orrville, OH 44667-0280

• Smuckers

0204

J.O.Y. Foods, Inc.

6940 Marvin D. Love Fwy.

Dallas, TX 75237

Click Here

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0175

J.T.M. Provisions Co

200 Sales Drive

Harrison, OH 45030

• J.T.M. Food

Group

0384

Jack Link's Beef Jerky

1 Snack Food Lane

Minong, WI 54859

• Jack Link's

0371

Jean-Batiste Foods

920 W. Pinhook

Suite 240

Lafayette, LA 70503

• Jean-Batiste

Foods

• Barras

0375

Jennie-O Turkey

205 Willmar Ave

Willmar, MN 56201

• Jennie-O

0003

Jimmy Dean & Bryan Foods

8000 Centerview Pkwy

Suite 400

Cordova, TN 38018

• Jimmy Dean

• Rudy's Farm

0285

Johnsonville Sausage

P.O. Box 906

Sheboygan Falls, WI 53085

• Johnsonville

0002

Kellogg Sales Company

One Kellogg Square

P.O. Box 3599

Battle Creek, MI 49016-3599

Click Here

0122

Ken's Foods Inc.

501 Silverside Road

Wilmington, DE 19809

• Ken's

0391

Kerry Food & Beverage

100 East Grand Ave

Beloit, WI 53511

• Kerry Food

• Golden Dipt

0297

Kikkoman International

50 California St

Suite 3600

San Francisco, CA 94111

• Kikkoman

0283

King & Prince Seafood Corp.

1 King & Prince Blvd

Brunswick, GA 31521

• King & Prince

• KP Custom

0276

Kings Delight

2063 Memorial Park Rd

Gainesville, GA 30504

• Kings Delight

• Premium Gold

• King Zing

0294

Klement's Foodservice

207 E Lincoln Ave

Milwaukee, WI 53207

• Klement's

0318

Koch Foods, Inc.

4404 West Berteau

• Koch Foods

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Chicago, IL 60641

0001

Kraft, Nabisco, & VeryFine (merged)

One Kraft Court

Glenview, IL 60025

Click Here

0113

Kronos Products, Inc.

4501 West District Blvd.

Chicago, IL 60632

• Kronos

0215

Kunzler & Company

652 Manor Street

Lancaster, PA 17604

• Kunzler

0109

Lamb-Weston, Inc.

8701 West Gage Blvd.

P.O. Box 1900

Tri Cities, WA 99302

Click Here

0045

Land O' Lakes

P.O. Box 64101

St. Paul, MN 55164-0101

Click Here

0254

Larsen Farms

2379 E 2300 N

Hamer, ID 83425

• Larsen Farms

• Idaho's

0154

Lemon X

168 Railroad St

P.O. Box 20800

Huntington Station, NY 11746

Click Here

0385

Little Lady Foods

2323 Pratt Blvd.

Elk Grove Village, IL 60007

• Little Lady Foods

• Primerro

0342

Love & Quiches Desserts

178 Hanse Avenue

Freeport, NY 11520

• Love & Quiches

0056

Lyons Magnus

1636 South Second Street

Fresno, CA 93702

Click Here

0020

M&M Mars

Uncle Ben's Foodservice

800 High Street

Hackettstown, NJ 07840

Click Here

0368

M.C.I. Foods

12835 Atlantic Ave.

Compton, CA 90221

• Foodnet Branded

Products

• Papa Felico

• Domenic's of NY

0392

Magic Seasoning Blends

720 Distributor Row

Harahan, LA 70123

• Magic Seasoning

• Chef Paul

0372 Major Products, Co. • Major Products

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

66 Industrial Ave

Little Ferry, NJ 07643

0228

Malt-O-Meal

P.O. Box 631

Northfield, MN 55057

• Malt-O-Meal

0161

Martha Olson's

P.O. Box 66

Sutter Creek, CA 95685

• Martha Olson

0396

Mc Greevy's Mid West Meat Co.

230 N. West St

Wichita, KS 67203-1203

• Mc Greevy's Mid

West

0043

McCain

2905 Butterfield Road

Oakbrook, IL 60520-1106

Click Here

0038

McCormick & Company

Food Service Division B

226 Schilling Circle

Hunt Valley, MD 21031

Click Here

0014

McIlhenny Inc.

601 Poydras St.

Suite 1815

New Orleans, LA 70130

• McIlhenny Hot

Sauce

0184

Michael Angelo's Italian Gourmet

200 Michael Angelo Way

Austin, TX 78728

• Michael Angelo's

0057

Michael Foods, Inc.

Northern Star Co.

3171 5th Street South East

Minneapolis, MN 55414-3374

Click Here

0387

Michael's Cookies

10635 Scripps Ranch Blvd.

Suite D

San Diego, CA 92131

• Michael's Cookie

0227

Military Food & Beverage Specialists

6885 Beach Drive, SW

Ocean Isle Beach, NC 28469

• General's Best

• General's Sport

Ice

0406

MNM Foods Inc.

P. O. Box 471077

Forth Worth, TX 76116

• MNM Foods

0389

Montana's Pioneer Products

100 N. 27th St

Suite 750

Billings, MT 59101

• Montana's Pioneer

0268

Monterey Mushrooms, Inc.

2 Hazel St

• Monterey

Mushrooms

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

P.O. Box 250

Bonne Terre, MO 63628-0250

• Red Label

• Silver Label

• Green Label

0230

Mott's Inc.

6 High Ridge Office Park

Stamford, CT 06905

• Mott's

• Holland House

• Hawaiian Punch

0126

Mrs. T's Pierogies

600 East Center St

P.O. Box 606

Shenandoah, PA 17976-0606

• Mrs. T's

0401

Nana Services, LLC

1010 S. 336th Street

Suite 205

Federal Way, WA 98003

• Nana Services

0360

Nardone Bros Baking Co.

420 New Commerce Blvd

Wilkes Barre, PA 18706

• Nardone Bros

0374

National Steak & Poultry

301 East Fifth Avenue

Owasso, OK 45879

• National Steak &

Poultry And

Steakhouse

0308

Needham Inc.

1204 Jones St

Omaha, NE 68102

• Needham

0015

Nestle Brands Foodservice Co. & Chef America (merged)

607 William Street

Suite 205

Fredericksburg, VA 22405

Click Here

0395

Nestle/Powerbar

800 North Brand Blvd

Glendale, CA 90505

• Nestle

• Powerbar

0344

N'Genuity

15333 North Pima Road

Suite 120

Scottsdale, AZ 85260

• N'Genuity

• Bo Jackson

Signature Foods

0302

Nicolet Forest Bottling/Water Concepts

39 S Barrington Rd

South Barrington, IL 60010

• Water Joe

0326

Nish

• Nish

0399

Nong Shim America, Inc.

12155 Sixth Street

Rancho Cucamonga, CA 91730

• Nong Shim Foods

0332

Northwest Packing Co.

1701 West 16th St

Vancouver, WA 98660

• Northwest

Packing

• Old California

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

• Oregon Trail

0405

NuChoice Foods, Inc.

4553 South Westmoreland Road

Dallas, TX 75237

• Nu Choice

0334

Nutriom, LLC

3145 Hogum Bay Road, NE

Lacey, WA 98516

• Nutriom

• Ova Easy

0300

Ocean Direct

12624 Daphne Ave

Hawthorne, CA 90250

• Ocean Direct

• Channel Marker

0139

Ocean Spray

1001 Warrenville Rd #100

Lisle, IL 60532

• Ocean Spray

0333

Ochoa Foods

910 W Main St

Suite 248

Boise, ID 83702

• Ochoa Foods

• Quincy Platinum

0349

Odyssey

150 Nickerson St

Suite 300

Seattle, WA 98109-1634

• Odyssey Seafood

• Treasures from

the Sea

0325

Ole' Mexican Foods, Inc.

6585 Crescent Drive

Norcross, GA 30071

• Ole Mexican

Foods

• La Banderita

• Verole

0390

Omni Custom Meats, Inc.

151 Vanderbilt Court

Bowling Green, KY 42103

• Omni Custom

Meats

0331

Oscar Robertson Foods

1 Greentree Center

Marlton, NJ 08053

• Oscar Robertson

• Signature

Products

0029

Otis Spunkmeyer & Chippery (merged)

14490 Catalina Street

San Leandro, CA 94577-5516

• Otis Spunkmeyer

• Chippery

0107

Par-Way/Tryson Co.

107 Bolte Lane

St. Clair, MO 63077

• Vegalene

• Bak-Klene

0255

Pepe's Incorporated

1325 W 15th St

Chicago, IL 60608

• Pepe's

0070

Pepsico Foodservice & Vending

321 N. Clark Street

Chicago, IL 60610

Click Here

0060

Perdue Farms, Inc.

P.O. Box 1537

• Perdue Brands

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Salisbury, MD 21802-1537

0112

Pierre Foods

9990 Princeton Road

Cincinnati, OH 45246

• Pierre Foods

0096

Pilgrims Pride & Con Agra Poultry (merged)

P.O. Box 7275

Broadway, VA 22815

Click Here

0048

Pinnacle Foods

1000 St Louis Union Station

Suite 400

St Louis, MO 63103

Click Here

0063

Portion Pac, Inc.

7325 Snider Road

Mason, OH 45040

Click Here

0108

Precision Foods, Inc.

11457 Olde Cabin Road

St. Louis, MO 63141

Click Here

0341

Premium Protein Products

4611 West Adams

Lincoln, NE 68524

• Premium Protein

Products

0313

Premium Quality Foods

1903A N Broadway

Red Oak, IA 51566

• Premium Quality

• Red Oak Farms

0383

Premium Standard Farms

805 Pennsylvania Ave

Kansas City, MO 64105

• Premium Standard

Farms

0261

Quantum Culinary, LLC

750 South Schmidt Rd

Bolingbrook, IL 60440

• Quantum Culinary

• Simply Gourmet

0179

Quantum Foods

750 South Schmidt Road

Bolingbrook, IL 60440

• Quantum Foods

0216

Ralcorp Frozen Bakery

999 Oakmont Plaza Drive

West Mont, IL 60559

• Bakery Chef

• Krusteaz

0386

Randolph Packing Company

275 Roma Jean Parkway

Streamwood, IL 60107

• Randloph Packing

0252

Rastelli Fine Food

300 Heron Drive

Swedesboro NJ 08085

• Rastelli Fine Food

0274

RDV Ventures, Inc.

P.O. Box 7

Watkinsville, GA 30677

• RDV Ventures

• Ramblin Roostr

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0159

Reily Foods Company

3434 Mynatt Ave.

Knoxville, TN 37919

Click Here

0363

Ribs on Wheels, Incorp.

626 May Street

Jacksonville, FL 32204

• Ribs on Wheels

0191

Richmond Peak Quality

2920 Regatta Blvd

Richmond, CA 94804-0013

Click Here

0262

Rich's Food Service Division

1 Robert Rich Way

Buffalo, NY 14240

• Rich Products

• Bahama Blast

• Byron's

0142

Rich-Sea Pak Group

127 Airport Rd

St Simons Island, GA 31522-0270

Click Here

0077

Rose Packing Co.

65 South Barrington Road

Barringron, IL 60010

Click Here

0324

Rotella's Italian Bakery, Inc.

6949 South 108th St

La Vista, NE 68128

• Rotella's

0259

Ruiz Food Products, Inc.

501 South Alta Drive

Dinuba, CA 93618

• Ruiz

0369

RWI Resources

P.O. Box 72800

Marietta, GA 30007

• RWI

• Vital Fruit

• Riptide

0214

S & K Industries, Inc./Abuelita Mexican Foods Products

9209 Enterprise Court

Manassas Park, VA 20111

• Abuelita

0289

S&D Coffee, Inc

300 Concord Parkway South

Concord, NC 28027

• S&D Coffee

• American Select

0104

Samband of Iceland

190 Enterprise Drive

Newport News, VA 23603

• Iceland

• Seaside

0022

Sara Lee Bakery

900 N. North Branch St

Chicago, IL 60622

• Sara Lee Bakery

• Bistro Collection

• Chef Pierre

• Oven Fresh

• Turano Old World

Bakers

0234

Sara Lee Dressing & Sauces

1325 Chase Avenue

Elk Grove Village, IL 60007

• Superior

• Bonne Chere

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0004

Sara Lee Refrigerated Foods

900 N North Branch St

Chicago, IL 60622

• Sara Lee Carvers

Collection

• Briar Street

• Ball Park Franks

• Springbrook

Farms

0403

Schreiber Foods, Inc.

425 Pine St.

Green Bay Wisconsin 54307-19010

• Schrieber and

Raskas

0006

Schwan's Food Service Company

115 West College Drive

Marshall, MN 56258

Click Here

0288

Shasta Sales Incorporated

1343 Garner Lane

Suite 205

Columbia, SC 29210

• Shasta • Everfresh

0007

Simplot

6360 South Federal Way

P. O. Box 9386

Boise, ID 83707

• Simplot

0055

Simply Fresh Fruit

472 Ridge Meade Dr

Lewisville, TX 75067

• Simply Fresh

Fruit

0348

Six Points, Inc.

1227 Lincoln Mall

Lincoln, NE 68508

• Six Points

0025

Smithfield Foods Corp & Farmland Foods (merged)

805 East Kemper Road

Cincinnati, OH 45246

Click Here

0270

Snyder's of Hanover

1250 York St

Hanover, Pennsylvania 17331

• Snyder's of

Hanover

0281

SouthStream Seafoods, Inc.

P.O. Box 6010

Warwick, RI 02887

• SouthStream

Seafoods

• Frostmark

0376

Spartanburg Meat Processing Co. Inc.

3003 N. Blackstock

P.O. Box 170069

Spartanburg, SC 29301

• Spartanburg

0295

Starbucks Coffee

2401 Utah Ave South MS 5-BA8

Seattle, WA 98134

• Starbucks

0238

State Fair Foods, Inc.

3900 Meacham Blvd

Haltom City, TX 76117

• State Fair Foods

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

0393

Steuben Foods, Inc.

155-04 Liberty Ave

Jamaica, NY 11433

• Steuben Foods

• Whitney's Foods

0105

Sugar Foods Corp.

P.O. Box 548

Broomall, PA 19008

• Sweet-Low

0320

Sun Rayz Products, Inc.

334 S Hyde Park Avenue

Tampa, FL 33606

• Sun Rayz

0345

Sunrise Foods, Inc.

3120 Vallyview Drive

Columbus, OH 43204

• Sunrise Foods

0218

Super Bakery, Inc.

5700 Corporate Dr

Suite 455

Pittsburgh, PA 15237

• Super Bakery

0398

Supherb Farms

300 Diane Dr

Turlock, CA 95381

• Supherb Farms

0311

Sweet Productions Limited

5100 New Horizons Blvd

Amityville, NY 11701

• Hooah Bar

0253

Sweet Streets Desserts, Inc.

722 Hiesters Lane

Reading, PA 19605

Click Here

0378

T.W. Garner Food Company

P.O. Box 4329

Winston-Salem, NC 27115-4329

• T.W. Garner

• Texas Pete

0239

Tampa Maid Foods, Inc.

1600 Kathleen Road

Lakeland, FL 33805

• Tampa Maid

0316

The Carriage House Companies

59 Pebble Hill Rd

Fairport, NY 14450

• The Carriage

House

0181

The Citrus Group, Inc

5321 Cleveland St, Suite 205

Virginia Beach, VA 23462

• The Citrus Group

• Main Squeeze

Juice

0102

The Minute Maid Co.

P.O. Drawer 1734

Atlanta, GA 30301

Click Here

0358

The Pizza Company

400 Gerona Ave

Miami, FL 33146

• The Pizza Co.

0361

The Wornick Company

10825 Kenwood Road

• The Wornick

Company

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Cincinnati, OH 45242 • A La Smart

0036

Tones Brothers, Inc.

2301 SE Tones Drive

Ankery, IA 50021-8888

Click Here

0357

Tony Dorsett Food Products, Inc.

450 Clay Ave

Piscataway, NJ 08854-1413

• Tony Dorsett

0178

Total Ultimate Foods Inc.

683 Manor Park Dr

Columbus, OH 43228

Click Here

0100

Trident Seafoods Corp.

5202 Shilshole Ave. NW

Seattle, WA 98107

Click Here

0013

Tyson Foods, Inc.

P.O. Box 2020

Springdale, AZ 72765-2020

• Tyson

• Holly Farms

• Weaver

• Lady Aster

0095

Unilever Best Foods

2200 Cabot Drive

Lisle, IL 60532

Click Here

0362

Valley Foods Incorp.

335 E Boardman Street

Youngstown, OH 44503

• Valley Foods

0197

Vanee Foods Company

5418 McDermott Dr.

Berkeley, IL 60163

• Vanee Foods

0231

Victoria Packing Corp

43 East 100 St

Brooklyn, NY 11236

• Victoria Packing

0245

Viking Seafoods, Inc.

50 Crystal Street

Malden, MA 02148

• Viking Seafoods

0042

Vitality Foodservice, Inc.

400 N Tampa St

Suite 1700

Tampa, FL 33602

Click Here

0277

W M Leahy/Carbotrol

2900 Shermer Rd

Northbrook, IL 60062

• Leahy

• IFP

• Carbotrol

0314

Wanchese Fish Co.

2000 Northgate Commerce Pkwy

Suffolk, VA 23435

• Wanchese Fish Co

0319

Welch's

1 Tara Dr

Suite 302

• Welch's

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 6

NAPA Holders Listing

DRAFT

Nashua, NJ 03062-2809

0373

Werling & Sons

7909 Broughton Pike

Paulding, OH 45879

• ADJR

0351

Westminster

207 Randbury Road

Rutland, VT 05701

• Westminster

Cracker

0377

Whole Harvest

376 Westpack Drive

Warsaw, NC 28398

•Whole Harvest

• Smart Fry

0187

Windsor Foods Company & Speciality Brand

3355 West Alabama #730

Houston, TX 77098

Click Here

0232

Yo Cream

5858 NE 87th Ave

Portland, OK 97220

• Yo Cream

0124

Zartic, Inc.

438 Lavender Drive

Rome, GA 30165

• Zartic

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

ATTACHMENT 7

STARTS ON THE

FOLLOWING PAGE

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

PART A

EDI Implementation Guidelines for Subsistence Prime Vendor (STORES)

May 1, 1998

SECTION 1.0 GENERAL INFORMATION..................................................................................

1.1

CONTACTS .....................................................................................................................................

1.2 EDI - HOW IT WORKS ....................................................................................................................

1.3

PARTIES INVOLVED ........................................................................................................................

1.4 TRANSACTION SETS .......................................................................................................................

1.5 SOFTWARE .....................................................................................................................................

1.6

NETWORKS.....................................................................................................................................

1.7 STANDARDS ...................................................................................................................................

SECTION 2.0 TRADING PARTNER SETUP...............................................................................

2.1

LEGAL............................................................................................................................................

2.2 PHASE I - SAMPLE TEST FILE .........................................................................................................

SECTION 3.0 PRODUCTION PROCEDURES............................................................................

3.1

OUTGOING TRANSMISSION SCHEDULE...........................................................................................

3.2 VERIFICATION OF TRANSMISSION ..................................................................................................

3.3

PROBLEM RECOVERY DURING PRODUCTION .................................................................................

SECTION 4.0 EDI TRANSACTION SETS....................................................................................

4.1

832 CATALOG (VENDOR TO DSCP) ...............................................................................................

4.2

850 PURCHASE ORDER (CUSTOMER TO VENDOR) .........................................................................

4.3 861 RECEIPT...................................................................................................................................

PART B

810 Transaction Set Version 3050

Electronic Invoice

Revised 7/30/98

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Section 1.0 General Information

1.1 Contacts

Contact For Name Phone Number

DSCP System (STORES) Tom Tarpey (215) 737-4507

EDI Information DoD Elec Comm Info Ctr (800) 334-3414

EDI Information Elec Comm Regional Ctr http://www.saecrc.org

EDI Technical Support Don Holmes (215) 737-7317

Network Technical Support DAASC – Paul McGhee (937) 656-3805

DAASC Technical Support Hotline Desk (513) 296-5914

Prime Vendor Coordination Keith Ford (215) 737-2903

STORES Technical Support STORES Help Desk (800) 729-7869

1.2 EDI - How It Works

Orders are generated on a regular basis by the customer’s requisition systems or keyed in by the customer

and sent electronically to the vendor. The order data is passed through EDI translation software where it is

converted into a standard structured format and a file is generated for the vendor. The system which

performs this translation and transmission from the military customer’s ordering point is the Subsistence

Total Ordering and Receipting Electronic System (STORES).

Purchase orders are transmitted electronically to a network on a daily basis. The customer may order more

than once a day. The network processes the files into the vendor’s mailbox where the orders are held

awaiting pick-up by the vendor. Replies are sent to the network by vendors to acknowledge that the

transmission was received. These acknowledgments are picked up later by each customer’s system. Each

party communicates with the network which greatly simplifies the process.

When the network delivery to the vendor is complete, optimal use of the data by the vendor will be

achieved when the vendor converts the purchase order data from the standard transmission format into their

own internal format. Vendor processing can then occur without having to key the purchase order data.

Vendors provide initial and updated catalog item and price data via EDI. This data is transmitted to the

Defense Personnel Support Center (DSCP) and not directly to the customer.

1.3 Parties Involved

There are approximately 220 military bases participating CONUS-wide with an approximate total of 500

purchasing locations. There will be an estimated 50 military bases participating in the European Theater

with approximately 50 ordering locations. The central coordination for all activity is DSCP located in

Philadelphia, PA. DSCP also has a support office in Europe, designated DSCP-E, which will play a role in

Prime Vendor Europe.

Orders to be sent via EDI are determined by the customer’s purchasing locations at the military base.

These locations can be a dining facility, warehouse, depot, hospital, ship, child care center, or other facility.

The purchasing locations are determined by the needs of the customer.

It is assumed that the participating vendor will handle via one EDI communication point all customer

orders for any location within the contract geographical area. Other vendor or distributor’s participation

levels may be negotiable, and should be discussed with the DSCP EDI Coordinator.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

1.4 Transaction Sets

When the customer sends the 850 Purchase Order to the vendor, a summary transaction is also sent to

DSCP via EDI. This summary transaction contains only a total purchase order dollar amount and number

of food items ordered. When the customer receives the goods ordered, quantities received are recorded

using the STORES system. Once the receipts are approved and released, the 861 Receipt transaction set is

used to send the details to DSCP. Vendors may receive copies of the 861 Receipt if desired.

Customers will not issue order cancellations via EDI. Vendors will not directly notify the customer of

price changes, term changes, or deletions. The vendor sends this information via EDI to DSCP via the 832

Catalog transaction set. Once the appropriate updates are completed on the STORES MIS catalog, DSCP

will send the 832 transaction set to all customers with the updated catalog information.

The EDI transaction sets are described in detail in later sections of this guideline. Vendors must be able to

support the 850 Purchase Order, 832 Catalog, 997 Functional Acknowledgment, and, if desired, the 861

Receipt.

1.5 Software

All DSCP customers will be using the same EDI software and network to transmit orders. A standard

system will be installed at all the participating military bases. Standard procedures have been implemented

to ensure the distributed operations can be controlled and maintained from the central site in Philadelphia.

The vendor may select any software that supports the transaction sets currently traded and any sets that may

be traded in the future.

1.6 Networks

Networks are used as a clearinghouse for all transmissions. Sending and receiving parties may work

independently of each other by letting the network handle problems such as storage, communication

incompatibilities, scheduling and retransmission.

DSCP pays the network charges for delivery of the customer’s documents to the network.

The vendor will pay the charges for delivery of the customer’s documents from the network to the vendor’s

system. Vendors may access the network by various means. Access may be via dial-up modem or via an

Internet utility.

Various means of carrying data among the customers, vendors, and DSCP are being considered at this

point. Toll-free 1-800 lines will not be used overseas. Vendors will need to rely on other means of

accessing STORES. One of the most likely scenarios uses the Internet to pass and receive transactions.

This may require that the vendor use an Internet service provider to access STORES.

1.7 Standards

DSCP subscribes to the American National Standards Institute (ANSI) X12 standards. The version

supported in the purchase order transaction set is Version 3 Release 4 Subrelease 2. Version 3060 may also

be supported in future releases of STORES. ANSI X12 documentation may be obtained from:

EDI Support Services, Inc.

PO Box 203

Chardon, Ohio 44024

1-800-334-4912

Once a new version of standards has been adopted and documented, DSCP will evaluate the changes to

determine the impact to the system. DSCP will progress to a new version of the standards as needs justify.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

In such instances, the old version of the standards will continue to be supported as long as seems practical

and necessary.

When it is necessary to convert to a new version of standards, DSCP will contact all trading partners and

will furnish the date when DSCP will be prepared to transmit and receive messages in the new format.

Appropriate document layouts will also be furnished. Arrangements can be made through the DSCP EDI

Coordinator to conduct a test transmission using the new version of standards.

Section 2.0 Trading Partner Setup

2.1 Legal

Before DSCP customers can progress from test to production mode with the purchase order transaction, an

Electronic Purchase Agreement (EPA) should be ratified. An EPA is a contract between the vendor and

DSCP to send and receive documents electronically and in no way interferes with the contract, general

purchase agreement or Purchase order terms.

2.2 Phase I - Sample Test File

During the Sample Test Phase generic purchase orders will be sent to vendors to ensure capability of

receiving the customer’s orders. Similarly, catalog files will be sent from the vendor to DSCP to test

catalog transmission. Verbal notification is given to indicate successful sends and receives.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Section 3.0 Production Procedures

3.1 Outgoing Transmission Schedule

Currently, DSCP customers will only be transmitting outbound 850 purchase orders. Vendors will respond

to 850 purchase orders with a 997 functional acknowledgment. Vendors will also send 832 Catalog

transaction sets to DSCP. Additional transaction sets may be implemented at a future date. At that time the

DSCP EDI coordinator will notify the customer and vendor with the appropriate information. DSCP

customers and vendors have access to the network at any time. There is a scheduled batch process at DSCP

which begins at 6:00 p.m. EST/EDT each day. Transactions received in Philadelphia, PA after that time

will not be processed until the next day. Network overhead should be taken into account; allow 15 to 60

minutes depending on network traffic.

3.2 Verification of Transmission

DSCP customers expect the vendor to send a Functional Acknowledgment upon receiving an order

transmission. Most systems can be programmed to send these automatically.

3.3 Problem Recovery During Production

During test mode, transmission problems are generally not recovered. After moving into production mode,

delays, omissions, duplicates or any other type of error have to be addressed promptly. In the unlikely

event that a delay lasts three days or longer, the DSCP customer will contact the vendor concerning the

need to transmit hardcopy orders.

If the Interchange Control Number (ISA13 element) is received more than once, the vendor should not

process the duplicate transmission. Although the DSCP standard software has the constraints to prevent

sending out duplicate purchase orders, the vendor may still need to consider making a software check for

purchase order numbers that may be inadvertently sent more than once.

It is DSCP’s intent to successfully deliver data to the network for each vendor on each scheduled day. If

the customer is unable to accomplish this by the agreed upon time, the customer will attempt to complete

the delivery by no later than the next scheduled transmission. If the customer is reasonably confident of

resolving the problem within that 24 hour period, there is no need to contact the receiving party.

If communications with the network fail due to a problem which is not corrected by the next scheduled

transmission, the party experiencing the problem should evaluate the situation as soon as possible and

discuss it with the other party. If a hardware or software problem appears to be of a magnitude to extend

for more than three scheduled transmissions, an alternative means of communication may need to be

chosen. Such situations will have to be evaluated on an individual basis to determine the proper

corrective action. If it is necessary to start conventional communications again, both parties should

reestablish EDI as soon as possible for all subsequent messages.

The DSCP STORES Help Desk or DSCP Account Manager should be promptly contacted with operational

concerns related to purchase order transactions.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Section 4.0 EDI Transaction Sets

4.1 832 Catalog (Vendor to DSCP)

The 832 Catalog uses the standard EDI transaction set for the 832 Price/Sales Catalog. All food ordering

sites will receive the 832 Catalog weekly. DSCP prepares and sends the catalog update information on

Sunday night. DSCP customers will retrieve the new catalog on the following Monday morning. This 832

transaction set is referred to as the 832 Catalog (DSCP to Customers).

Once the vendor processes catalog updates, the vendor produces the cross reference details. This

information is sent to DSCP via the 832 transaction set. This transaction set is referred to as the 832

Catalog (Vendor to DSCP) and is described below.

Segment Element Value Size

ST Transaction Set

Header

ST01

“832”

ST02

n/a

BCT Beginning

Segment for Price/sales

Catalog

BCT01

“PC” - price catalog

BCT02

contract-number 13 AN

DTM Date/Time

Reference

DTM01

“152” - effective date of

change

DTM02

update-date Date

DTM03

update-time

(HHMMSS)

Time

LIN Item

Identification

LIN01

line-number 4 UI

LIN02

“SW” - stock number

LIN03

stock-number 13 AN

LIN04

“VP” - vendor part

LIN05

part-number 25 AN

LIN06

“ZZ” - mutually

defined to indicate the

type of change

LIN07

update-indicator 1 AN

LIN08

“ZZ” - mutually defined

to indicate economic

indicator

LIN09

economic indicator 2 AN

PID Product/Item

Description

PID01

“F” - free form

PID02

“GEN” - general

PID03

n/a

PID04

n/a

PID05

DSCP item-description 80 AN

P04 Item Physical PO401

units-per-purchase-pack 4 UI

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Segment Element Value Size

Detail

PO402

package-size 8 explicit decimal 2

“12345.78”

PO403

package-unit-of-

measure

2 AN

PO404

packaging-code 5 AN

ITD Terms of Sale ITD01

“16” - Prompt Payment

Act

ITD02

n/a

ITD03

n/a

ITD04

n/a

ITD05

n/a

ITD06

n/a

ITD07

n/a

ITD08

n/a

ITD09

n/a

ITD10

n/a

ITD11

n/a

ITD12

Brand Name 40 AN

CTP Pricing

Information

CTP01

n/a

CTP02

“STA” - standard price

CTP03

vendor-price 10 explicit decimal 2

CTP04

n/a

CTP05

unit-of-measure 2 AN

CTP06

“SEL” Price Multiplier

Qualifier

CTP07

ratio-numerator 4 UI

CTP08

ratio-denominator 4 UI

CTT Transaction

Totals

CTT01

total number of line

items

4 UI

SE Transaction Set

Trailer

SE01

number of included

segments

SE02

transaction set control

number

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

4.2 850 Purchase Order (Customer to Vendor)

All food ordering sites will use the 850 Purchase Order. Once the order is approved and released from the

STORES system, the user will send the 850 to the vendor. Orders may be sent any number of times during

the day. Once an order is received by the vendor, the vendor will send the 997 Functional

Acknowledgment back to the customer. This will confirm that the order was successfully received by the

vendor.

Segment Element Value Size

ST Transaction Set

Header

ST01

“850”

ST02

n/a

BEG Beginning

Segment for Purchase

Order

BEG01

“00” - original

BEG02

“NE” - new order

BEG03

purchase-order-number 14 AN

BEG04

contract -order-number 4 AN

BEG05

contract-order-date date

BEG06

contract-number 13 AN

DTM Date/Time

Reference

DTM01

“002” delivery

requested

DTM02

required-delivery-date 6 AN

N1 Name N101

“ST” ship to

N102

n/a

N103

“10” - Department of

Defense Activity

Address Code

(DoDAAC)

2 AN

N104

ship-to-dodaac 6 AN

N2 Additional Name

Information

N201

ship-to-facility name or

number

35 AN

N202

ship-to-building name or

number

35 AN

N3 Address

Information

N301

ship-to-address-1 35 AN

N302

ship-to-address-2 35 AN

N4 Geographic

Location

N401

ship-to-city 25 AN

N402

ship-to-state 2 AN

N403

ship-to-zip 9 UI

PO1 Baseline Item PO101

line-item-number 4 UI

PO102

quantity 5 UI

PO103

unit-of-measure 2 AN

PO104

vendor-selling-price 10 explicit decimal 2

“1234567.90”

PO105

n/a

PO106

“VP” - vendor part

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Segment Element Value Size

PO107

vendor-part-number 25 AN

PO108

“SW” - stock-number 15 AN

PO109

stock-number 15 AN

PO110

“ZZ” - mutually defined

PO111

FIC 3 AN

PID Production/Item

Description

PID01

“F” - free form

PID02

n/a

PID03

n/a

PID04

n/a

PID05

DSCP item-description 80 AN

CTT Transaction

Totals

CTT01

line-item-number 4 UI

CTT02

total-purchase-order-

dollar

12 explicit decimal 2

SE01

number of included

segments

SE02

transaction set control

number

4.3 861 Receipt

The 861 Receipt uses the standard EDI transaction set for the 861 Receipt Advice. At each food ordering

location, once the goods have been received, the user records the quantity received, approves and releases

the receipts to DSCP. This information is formatted in the 861 transaction set. Each 850 Purchase Order

will have a matching 861 Receipt. All 861 Receipts will be sent from the customer to DSCP to be

forwarded to DSCP’s DISMS system for vendor payment. In addition, the Prime Vendor may request to

receive a copy of the 861 Receipt.

Segment Element Value Size

ST Transaction Set

Header

ST01

“861” 3 ID

ST02

n/a

BRA Beginning

Segment for Receiving

Advice

BRA01

P.O. number 14 AN

BRA02

date receipted

(YYMMDD)

6 DT

BRA03

“00” 2 ID

BRA04

“1” 1 ID

REF Reference

Numbers

REF01

“1I”=order num

“CT”=contract num

2 ID

REF02

either order num or

contract num

1-30 AN

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Segment Element Value Size

DTM Date and Time

Reference

DTM01

“002” 3 ID

DTM02

required delivery date

(RDD) (YYMMDD)

6 DT

N1 Name N101

“ST” 2 ID

N102

ship-to DODAAC 1-35 AN

N103

“10” 2 ID

N104

supplemental DODAAC 2-17 AN

RCD Receiving

Conditions

RCD01

CLIN 1-11 AN

RCD02

quantity received 1-9 R

RCD03

“ZZ” 2 ID

RCD04

STORES software

version

1-9 R

RCD05

“ZZ” 2 ID

RCD06

quantity ordered 1-9 R

RCD07

“ZZ” 2 ID

RCD08

vendor price 1-9 R

LIN Item

Identification

LIN01

CLIN 1-11 AN

LIN02

“A4” 2 ID

LIN03

DSCP stock number 1-30 AN

REF Reference

Numbers - to identify

Document Number,

Signal and Fund

Codes

REF01

“ZZ” = document

number

“T4” = signal code

“FU” = fund code

2 ID

REF02

either document number,

signal code, or fund code

1-30 AN

REF03

n/a

CTT Transaction

Totals

CTT01

number of line items 1-6 NO

CTT02

total dollar value 1-10 R

SE Transaction Set

Trailer

SE01

number of included

segments

1-10 NO

SE02

transaction set control

number

4-9 AN

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

PART B

810 Transaction Set

Version 3050 Electronic Invoice

REVISED

7/30/98

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

810 INVOICE VERSION 3050 FUNCTION GROUP=IN

This Draft Standard for Trial Use contains the format and establishes the data contents of the

Invoice. Transaction Set (810) for use within the context of an Electronic Data Interchange

(EDI) environment. The transaction set can be used to provide for customary and established

business and industry practice relative to the billing for goods and services provided.

Prime Vendor(s) NOTE: Certain data segments will require data transmitted as it appears

on the Purchase Order. Reference page 1A.

TABLE 1

POS NO SEG ID DESCRIPTION REQ

010 ST Transaction Set Header M

020 BIG Beginning Segment for Invoice M

Loop I.D. – N1

070 N1 Name O (M for DSCP)

110 REF Reference Number O (M for DSCP)

130 ITD Terms of Sale O

140 DTM Date/Time Reference O (M for DSCP)

TABLE 2 Loop I.D. – IT1

010 IT1 Baseline Item Data (Invoice) O (M for DSCP)

TABLE 3

010 TDS Total Monetary Value Summary M

Loop I.D. - SAC

040 SAC Service, Charge Information O

Loop I.D. – ISS

070 CTT Transaction Totals O (M for DSCP)

080 SE Transaction Set Trailer M

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STORES EDI Information & 810 Transaction Set

DRAFT

810 INVOICE VERSION 3050 FUNCTION GROUP=IN

The following information applies to PRIME VENDORS only!!

Baseline Item Data (IT1):

1. Contract Line Item Number (CLIN): The very “FIRST CLIN” as it appears on the Purchase Order,

“MUST” be transmitted in the IT101. Data is required in all IT1 segments.

a. If the “FIRST CLIN” was “NOT” delivered, the CLIN must still be transmitted in the IT101; and

ZERO fill the quantity and price field(s).

b. This is Optional. If,

additional CLIN(s) on the same Purchase Order have not been delivered, data

“MAY” be transmitted, but is not required.

2. Contract lines CLIN(s) must be transmitted in line sequence as shown on

each Purchase Order.

3. Separate Transaction Headers (ST segments) are required for each

Purchase Order invoiced.

4. Any “new” CLINS/line items, (substitutions & adds) must appear as the last line on the invoice. Adds

“MUST” start with CLIN number 9999AA, 9999AB. As Call date’s change, 9999AA maybe recycled.

SEE EXAMPLES…

a) SP030098D1234 063A = CLIN # 9999AA

063A = CLIN # 9999AB

063A = CLIN # 9999AC

b) SP030098D1234 064T = CLIN # 9999AA

064T = CLIN # 9999AB

064T = CLIN # 9999AC

Revised as of July 30, 1998.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID ST Transaction Set Header

POS NO 010

REQ DES Mandatory

MAX USE 1

PURPOSE Indicates the start of transaction set and to assign a control number

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

ST01 143 Transaction Set Identifier Code M/Z ID 3/3

Code uniquely identifying a

Transaction set.

810 X12.2 Invoice

ST02 329 Transaction Set Control Number M AN 4/9

Identifying control number that must be unique within the

Transaction set functional group assigned by the originator

For a transaction set

NOTE:

The transaction set identifier (ST01) used by the translation routine of interchange partners to

select the appropriate transaction set definition.

(e.g. 810 selects the invoice transaction set)

EXAMPLE

ST*810*000004110

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID BIG Beginning Segment for Invoice

POS No 020

REQ DES Mandatory

MAX USE 1

PURPOSE Indicates the beginning of an invoice transaction set and to

Transmit identifying numbers and dates

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

BIG01 373 Invoice Date M/Z DT 6/6

(YYMMDD) * Date of the invoice

BIG02 76 Invoice Number M AN 1/8

Identifying number assigned by issuer

BIG04 324 Contract Number M AN 13/13

(PIIN) SP030098D1234

0 = numeric zero

BIG05 328 Release Number/Call M AN 4/4

(e.g. 063A)

BIG07 640 Transaction Type Code M ID 2/2

DI= Debit Invoice

BIG08 353 Transaction Set Purpose Code M ID 2/2

ZZ = Mutually Defined

NOTE:

BIG04 - Do not transmit dashes or slashes

BIG08 – Applied to Invoices for “PRIME VENDORS ONLY”

** Non-Prime Vendors do not use BIG08

EXAMPLE

P.V. transmits BIG*980303*DSCP1111**SP030098D1234*063A**DI*ZZ

Non P.V. BIG*980303*DSCP1111**SP030098D1234*063A**DI

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Loop Repeat 200

SEG ID N1 Loop ID

POS NO 070

REQ DES Optional (Mandatory for DSCP)

MAX USE 1

PURPOSE Identify a party by type of organization, name and code

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

N101 98 Entity Identifier Code M ID 2/2

ST = Ship To

N102 93 Name X AN 1/35

(e.g. FT Sam Houston TX)

N103 66 Identification Code Qualifier X ID 2/2

10 = Dept of Defense Activity Address Code (DoDAAC)

N104 67 Identification Code/DoDAAC X AN 6/6

(e.g. FT9068)

EXAMPLE

N1*ST*FT SAM HOUSTON TX*10*FT9068

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID REF Reference Number

POS NO 110

REQ DES Optional (Mandatory for DSCP)

MAX USE 12

PURPOSE Specify identifying numbers (DSCP-Purchase Order Number)

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

REF01 128 Reference I.D. Qualifier M ID 2/2

RQ = Purchase Requisition Number

REF02 127 Reference I.D. / Purchase X AN 14/14

Order No. (e.g. FT906880631234)

EXAMPLE

REF*RQ*FT906880631234

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID ITD Terms of Sale

POS NO 130

REQ DES Optional ** See Note Below

MAX USE >1

PURPOSE To specify terms of sale

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REG TYPE LENGTH

ITD01 336 Terms Type Code O ID 2/2

16 = Prompt Payment Act

ITD03 338 Terms Discount Percent O R3 1/6

Terms discount percentage, expressed as

A percent, available to the purchaser if an

Invoice is paid on or before the terms days due

(e.g. 2% = 00.020)

ITD04 370 Terms Discount Due Date O DT 6/6

(YYMMDD)

ITD05 351 Terms Discount Days Due X N 3/3

Number of days in the terms discount period

By which payment is due if terms discount is earned

(e.g. 15 = 015)

NOTE:

Use only “IF” Contract Terms are better than current Contract Terms and Conditions in

DSCP Contracts

EXAMPLE

ITD*16**00.020*980310*015

Decimal uses one position in Length. Zero fill ITD03 and ITD05

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID DTM Date/Time Reference

POS NO 140

REQ DES Optional (Mandatory for DSCP)

MAX USE 10

PURPOSE To specify pertinent dates and times

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

DTM01 374 Date/Time Qualifier M ID 3/3

011 = Shipped

DTM02 373 Date X DT 6/6

(YYMMDD)

EXAMPLE

DTM*011*980301

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

PRIME VENDORS ONLY!!!

Loop Repeat 200000

SEG ID IT1 Baseline Item Data (Invoice)

POS NO 010

REQ DES Optional (Mandatory for DSCP)**See Note Below

MAX USE 1

PURPOSE Specify the basic and most frequently used line item data

(CLIN level) for the invoice and related transactions

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

IT101 350 Assigned Identification O/Z AN 4/6

Contract Line Item Number (CLIN)

**(e.g. 0001)

IT102 358 Quantity Invoiced X N 1/9

(e.g. 10 = 000000010)

IT103 355 Unit or Basic Measurement X ID 2/2

IT104 212 Price-extended CLIN $$ Amt X R2 1/10

*decimal uses one position length (e.g. 25.50 = 0000025.50)

IT106 235 Product/Service I.D. Qualifier X ID 2/2

FS = National Stock Number

IT107 234 Product/Service I.D. NSN X AN 13/13

(e.g. 891500E210123)

IT108 235 Product/Service I.D. Qualifier X ID 2/2

ZZ = Mutually Defined

IT109 234 Product/Service I.D. X AN 2/2

PV = Prime Vendor

NOTE: PRIME VENDORS ONLY::: Data required in all segments.

EXAMPLE

IT1*0001 *10*CA**0000025.50**FS*891500E210123*ZZ*PV

Refer to page 1A “IF” CLIN was NOT shipped- (e.g. zero fill quantity and price field)

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

NON-PRIME VENDORS ONLY!!!

Loop Repeat 200000

SEG ID IT1 Baseline Item Data (Invoice)

POS NO 010

REQ DES Optional (Mandatory for DSCP) **See Note Below

MAX USE 1

PURPOSE Specify the basic and most frequently used line item data

(CLIN level) for the invoice and related transactions

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

IT101 350 Assigned Identification O/Z AN 4/6

Contract Line Item Number (CLIN)

(e.g. 0001)

IT102 358 Quantity Invoiced X N 1/9

(e.g. 10 = 000000010)

IT103 355 Unit or Basic Measurement X ID 2/2

IT104 212 Unit Price Amount X R2 1/10

*decimal uses one position length (e.g. 2.50 = 0000002.50)

IT106 235 Product/Service I.D. Qualifier X ID 2/2

FS = National Stock Number

IT107 234 Product/Service I.D. X AN 13/13

(e.g. 891500E210123)

NOTE: NON PRIME VENDORS ONLY:::: Data required in all of the above

segments. EXAMPLE

IT1*0001 *10*CA*0000002.50*FS*891500E210123

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID TDS Total Monetary Value Summary

POS NO 010

REQ DES Mandatory

MAX USE 1

PURPOSE Specify the total dollar amount of the invoice

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

TDS01 610 Amount of Total Invoice M N2 1/10

(e.g. 123.45 = 0000012345)

EXAMPLE

TDS*0000012345

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

Loop Repeat 25

SEG ID SAC Service, Promotion, Allowance, or Charge Information

POS NO 040

REQ DES Optional

MAX USE 1

PURPOSE To request or identify a service, promotion, allowance, or charge

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

SAC01 248 Allowance or Charge Indicator M/Z ID 1/1

C = Charge

SAC05 610 Total Amount of Service O/Z N2 1/10

(e.g. 30.50 = 0000003050)

EXAMPLE

SAC*C****0000003050

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID CTT Transaction Totals

POS NO 070

REQ DES Optional (Mandatory for DSCP)

MAX USE 1

PURPOSE To transmit a hash total for a specific element in

The transaction set

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

CTT01 354 Number of CLIN Line M No 1/6

Items Invoiced

EXAMPLE

CTT*125

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 7

STORES EDI Information & 810 Transaction Set

DRAFT

SEG ID SE Transaction Set Trailer

POS NO 080

REQ DES Mandatory

MAX USE 1

PURPOSE Indicates the end of the transaction set and provide the count of the

Transmitted segments (including the beginning (ST) and ending

(SE) segments)

DATA ELEMENT SUMMARY

REF ELE ID DESCRIPTION REQ TYPE LENGTH

SE01 96 Number of Included Segments M N 1/10

SE02 329 Transaction Set Control Number M AN 4/9

EXAMPLE

SE*30*000004110

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN– ATTACHMENT 7a

832 Catalog (Vendor to DSCP) – Proposed Modifications to Common Food Management System (CFMS)

elements

DRAFT

ATTACHMENT 7a

STARTS ON THE

FOLLOWING PAGE

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN– ATTACHMENT 7a

832 Catalog (Vendor to DSCP) – Proposed Modifications to Common Food Management System (CFMS)

elements

DRAFT

832 Catalog (Vendor to DPSC) – Proposed modification for

CFMS elements

The 832 Catalog uses the standard EDI transaction set for the 832 Price/Sales Catalog. The highlighted

elements are new segments/elements that have been added to our current 832 catalog.

Please note: CTP04 (Catch weight multiple) is required if CTP05 (Unit of Measure) is "LB".

Segment Element Value Size

ST Transaction Set

Header

ST01

“832”

ST02

n/a

BCT Beginning

Segment for Price/sales

Catalog

BCT01

“PC” - price catalog

BCT02

contract-number 13 AN

DTM Date/Time

Reference

DTM01

“152” - effective date of

change

DTM02

update-date date

DTM03

update-time

(HHMMSS)

time

LIN Item

Identification

LIN01

line-number 4 UI

LIN02

“SW” - stock number

LIN03

stock-number 13 AN

LIN04

“VP” - vendor part

LIN05

part-number 25 AN

LIN06

“ZZ” - mutually

defined to indicate the

type of change

LIN07

update-indicator 1 AN

LIN08

“ZZ” - mutually defined

to indicate economic

indicator

LIN09

economic indicator 2 AN

PID Product/Item

Description

PID01

“F” - free form

PID02

“GEN” - general

PID03

n/a

PID04

n/a

PID05

DSCP item-description 80 AN

P04 Item Physical

Detail

PO401

units-per-purchase-pack 4 UI

PO402

package-size 8 explicit decimal 2

“12345.78”

PO403

package-unit-of-

measure

2 AN

PO404

packaging-code 5 AN

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN– ATTACHMENT 7a

832 Catalog (Vendor to DSCP) – Proposed Modifications to Common Food Management System (CFMS)

elements

DRAFT

Segment Element Value Size

PO406

(New elements -

Currently not used)

Gross Weight 9,2 decimal

PO407

Gross Weight Unit 2 ID

PO408

Gross Volume 9,2 decimal

PO409

Gross Volume Unit 2 ID

ITD Terms of Sale ITD01

“16” - Prompt Payment

Act

ITD02

n/a

ITD03

n/a

ITD04

n/a

ITD05

n/a

ITD06

n/a

ITD07

n/a

ITD08

n/a

ITD09

n/a

ITD10

n/a

ITD11

n/a

ITD12

Brand Name 40 AN

LDT Lead Time (New segment -

Currently not used)

LDT01

Lead time code – "AU"

= Shelf life (Mutually

defined)

2 ID

LDT02

Shelf life (# of months

or days)

3 Integer

LDT03

Shelf life Unit -

"MO" = Month

"DY" = Day

2 ID

SAC Service,

Promotion, Allowance,

or Charge Information

(New segment -

Currently not used)

SAC01

"A" = Allowance 1 ID

SAC02

"C260" – Discount –

Incentive (NAPA)

4 ID

SAC05

NAPA Allowance ($) 10,2 decimal

SAC01

"A" = Allowance 1 ID

SAC02

"C300" – Discount –

Special (Food Show)

4 ID

SAC05

Food Show Allowance

($)

10,2 decimal

SAC01

"A" = Allowance 1 ID

SAC02

"C310" – Discount –

(Promotional)

4 ID

SAC05

Promotional Allowance

($)

10,2 decimal

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN– ATTACHMENT 7a

832 Catalog (Vendor to DSCP) – Proposed Modifications to Common Food Management System (CFMS)

elements

DRAFT

Segment Element Value Size

SAC01

"C" = Charge 1 ID

SAC02

"C330" – Distribution

fee

4 ID

SAC04

Distribution fee

category code

4 AN

SAC05

Distribution fee for Unit

of Measure

10,2 decimal

CTP Pricing

Information

CTP01

n/a

CTP02

“STA” - standard price

CTP03

vendor-price 10 explicit decimal 2

CTP04

(Currently "NA")

Catch weight multiple

Number of units (in LB

units) that must be

ordered to purchase 1

case of product

6 Integer (entered for

catch weight items only)

otherwise blank

CTP05

unit-of-measure 2 AN

CTP06

“SEL” Price Multiplier

Qualifier

CTP07

ratio-numerator 4 UI

CTP08

ratio-denominator 4 UI

CTT Transaction

Totals

CTT01

total number of line

items

4 UI

SE Transaction Set

Trailer

SE01

number of included

segments

SE02

transaction set control

number

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

ATTACHMENT 8

STARTS ON THE

FOLLOWING PAGE

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

THE ATTACHED GUIDE WAS DEVELOPED AS A CHECKLIST TO BE USED BY CONTRACTORS

IN THE PREPARATION OF A SMALL BUSINESS SUBCONTRACTING PLAN IN ACCORDANCE

WITH THE REQUIREMENTS OF PUBLIC LAW 95-507. THE GUIDE ADDRESSES THE SIX

MANDATORY ELEMENTS OF A SUBCONTRACTING PLAN AS SET FORTH IN FAR CLAUSE

52.219-9(D) AND SUPPLEMENTAL INFORMATION REQUIRED BY SECTION 1207 OF P.L. 99-661,

CONTRACT GOAL FOR MINORITIES. IT IS INTENDED AS A TOOL TO ASSIST CONTRACTORS

IN THE DEVELOPMENT OF AN ACCEPTABLE SUBCONTRACTING PLAN AND TO FACILITATE

THE REVIEW BY THE CONTRACTING OFFICER, THE DSCP AND DEFENSE CONTRACT

MANAGEMENT AGENCY (DCMA) SMALL BUSINESS SPECIALISTS AND THE SMALL

BUSINESS ADMINISTRATION PROCUREMENT CENTER REPRESENTATIVE.

Notes: 1) Vendor Representations for Hub Zone Small Business and Small

Disadvantaged Business requires SBA certification.

2) The features of the former SBA PRO-Net site are now available only

via the Department of Defense (DoD) Central Contractor Registration

(CCR). The CCR “Dynamic Small Business” function performs the

same searches as PRO-Net, and the “Supplemental Pages” will

THIS HANDOUT IS TO BE USED ONLY AS A REFERENCE TOOL IN PREPARING A

SUBCONTRACTING PLAN.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

SUBCONTRACTING PLANS

The Federal Acquisition Regulation, Clause 52-219.9 cites the six elements that each Subcontracting Plan

must

contain, i.e., goals; name and duties of the individual who will administer the plan; a description of

efforts; flow down clause; reports and records.

Goals

: expressed in terms of percentages and dollars of the total contract value that

are planned to be subcontracted to small business, veteran-owned small business, service-

disabled veteran-owned small business, HUB Zone small business, small disadvantaged

business and women-owned small business concerns that are realistic.

Administration

: Name, title, and position within the corporate structure; duties and

responsibilities of the individual who will administer the subcontracting program.

Description of Efforts

: Describe steps to be taken to ensure equitable opportunities

to small, veteran-owned small business, service-disabled veteran-owned small business,

HUB Zone small business, small disadvantaged business and women-owned small

business concerns.

Flow down Clause

: Requirement for subcontracts that offer further subcontracting

opportunities and for subcontracts in excess of $500,000.

Reports

: Requirement to submit periodic reports

Records

: Requirement to maintain records on adopted procedures to comply

with requirements and goals in the plan.

The following information will assist you in determining what type of plan would be most beneficial for

your company to submit.

INDIVIDUAL SUBCONTRACTING PLAN

This type of plan covers the entire contract period (including option years however separate goals are

required for the base year and each option year); applies to a specific acquisition; and has goals based on

planned subcontracting for the specific contract except indirect costs, incurred for common or joint

purposes, may be allocated on a prorated basis to the contract. The plan shall address all six elements as

cited above. The plan when approved and incorporated into the contract will remain in effect until the

contract has been completed.

MASTER SUBCONTRACTING PLAN:

This type of plan contains all the required elements of an individual plan, except goals. It can be submitted

on a plant-wide or division-wide basis with no specific acquisition identified. The subcontracting goals and

any deviations from the approved plan shall be identified by the offeror as an addendum to the approved

Master Plan. The offeror will be required to provide the Procuring Contracting Officer (PCO) with copies

of the approved Master Plan along with the addendum which cites the goals and deviations, if any. The

approved master plan and the addendum are formulated into an individual subcontracting plan, which can

be identified with a specific acquisition. A master plan is effective for a three-year period after approval by

the Administrative Contracting Officer (ACO). The master plan, when incorporated in an individual plan,

applies throughout the life of the contract.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

COMMERCIAL PRODUCTS SUBCONTRACTING PLAN:

This type of plan is submitted on a plant-wide or division-wide basis with no specific acquisition identified.

A commercial product means a product in regular production that is sold in substantial quantities to the

general public and/or industry at established catalog or market prices. It also means a product which, in the

opinion of the Contracting Officer, differs only insignificantly from the contractor’s commercial product.

The plan addresses all six elements as cited above. If a commercial product is offered, the subcontracting

plan covers the company’s production generally, both for government contracts and for regular commercial

sales. The plan will remain in effect for the entire fiscal year for all government contracts in effect during

the period. It is preferred that the plan coincide with the government‘s fiscal year since the activity under

this type of plan is reported once a year on the SF 295. The contractor is required to submit a new

commercial plan, 30 working days before the end of the fiscal year to the contracting officer. It is the

contractor’s responsibility to insure that it has an approved commercial plan on file for each year of

contract performance.

DEFINITIONS

SMALL BUSINESS CONCERN

: A small business is a concern, including its affiliates, which is

organized for profit; independently owned and operated; not dominant in the field of operation in which it

is competing; and can further qualify under the criteria concerning number of employees, average annual

receipts, or other criteria as prescribed by the Small Business Administration.

HUB Zone

: A historically underutilized business zone is an area located within one or more qualified

census tracts, qualified non-metropolitan counties, or lands within the external boundaries of an Indian

reservation.

HUB ZONE SMALL BUSINESS CONCERN

: A small business concern that is located in an

“historically underutilized business zone;” is owned and controlled by one or more U. S. Citizens; and at

least 35% of its employees reside in the HUB Zone. Status as a qualified HUB Zone small business

concern is determined by the Small Business Administration (SBA). If the SBA determines that a concern

is a qualified HUB Zone small business, it will issue a certification to that effect and will add the company

to the List of Qualified HUB Zone Small Business Concerns on its Internet site at www.sba.gov\hubzone

The concern must be listed to be considered a HUB Zone small business concern. The HUB Zone

application can be obtained from the same web site. HUB Zone certification will also appear in the

company’s profile listed in the DoD Central Contractor Registration (CCR) database at www.ccr.gov

“Dynamic Small Business Search.”

SMALL DISADVANTAGED BUSINESS CONCERN (SDB)

: A small business concern (1) which is

at least 51% owned by one or more socially and economically disadvantaged individuals: or, in the case of

any publicly owned business, at least 51% of the stock is owned by one or more socially

and economically

disadvantaged individuals; and (2) whose management and daily business operations are controlled by one

or more such individuals. The term “socially disadvantaged

” means individuals who have been subjected

to racial or ethnic prejudice or cultural bias because of identity as a member of groups without regard to

their individual qualities. The following individuals are presumed to be socially disadvantaged: Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Subcontinent Asian

Americans. The term “economically disadvantaged

” means socially disadvantaged individuals whose

ability to compete in the free enterprise systems is impaired due to diminished capital and credit as

compared to others in the same/similar line of business and, as a result, have been or are likely to be

precluded from successfully competing in the open market. A socially disadvantaged individual whose

personal net worth does not exceed $750,000 ($250,000 for certification under the SBA Section 8 (a)

Program), excluding his/her ownership interest in the company and equity in his/her personal residence is

considered to be economically disadvantaged.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

Application for SDB certification can be obtained at www.sba.gov\sdb. SDB certification will appear

in the company’s profile listed in the DoD Central Contractor Registration (CCR) database at www.ccr.gov

“Dynamic Small Business Search.”

WOMAN-OWNED SMALL BUSINESS CONCERN

: A small business concern that is at least 51%

owned by one or more women; or in the case of any publicly owned business, at least 51% of the stock is

owned by one or more women AND whose management and daily business operations are controlled by

one or more women.

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

CONCERN

(1) A small business concern –

(i) not less than 51% of which is owned by one or more service-disabled veterans

or, in the case of any publicity owned business, not less than 51% of the stock of

which is owned or one or more service-disabled veterans; and

(ii) the management and daily business operations of which are controlled by one or

more service-disabled veterans or, in the case of a veteran with permanent and

severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability

that is service-connected, as defined in 38 U.S.C. 101(16).

VETERAN-OWNED SMALL BUSINESS CONCERN

A small business concern –

(i) not less than 51% of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51%

of the stock of which is owned by one or more veterans; and

(ii) the management and daily operations of which are controlled by one or more

veterans.

SUBCONTRACT

: Means any agreement (other than one involving an employee-employer relationship)

entered into by a Federal Government prime contractor or subcontractor calling for supplies and/or services

required for performance of the contract or subcontract.

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

SUBCONTRACTING PLAN

Date: ________________

CONTRACTOR: __________________________________________________

ADDRESS: __________________________________________________

__________________________________________________

SOLICITATION #: _________________________________________________

END ITEM/SERVICE ______________________________________________

Fill in Applicable Section:

Type of Plan

1. Master Subcontracting Plan

______ Plant/Distribution Site

______ Division

2. Commercial Subcontracting Plan

______ Plant/Distribution Site

______ Division

3. ______Individual Contract Plan Total Contract Dollar Value ________________

Complete the following if submitting a Commercial Subcontracting Plan.

Company/Division’s Fiscal Year

FROM: _____________ TO: ________________

(Month/Year) (Month/Year)

Total Estimated FY Dollar Value: $ _____________

SPM300-08-R-0061

PRIME VENDOR KUWAIT/IRAQ/JORDAN – ATTACHMENT 8

Sample Subcontracting Plan

DRAFT

In accordance with FAR Clause 52.219-9 – The offeror’s subcontracting plan shall include, at a minimum,

the following:

1. Goals, expressed in terms of percentages of total planned subcontracting dollars

, for the use of small

business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone

small business, small disadvantaged and women owned small business concerns as subcontractors.

The offeror shall include all subcontracts that contribute to contract performance, and may include a

proportionate share of products and services that are normally allocated as indirect costs. For

individual contract plans, the total dollars to be subcontracted are stated. For commercial plans, the

total projected sales, expressed in dollars, and the total value of projected subcontracts to support the

sales are stated.

2. The suggested format for percentage and dollar goals follows:

DOLLARS

PERCENT

Total To Be Subcontracted $ _________ ________%

A. To Large Business $ _________ ________%*

B. To Small Business $ _________ ________%*

1. To Veteran-Owned Small Business** $ _________ ________%*

2. To Service-Disabled Veteran-Owned

Small Business** $ _________ ________%*

3. To HUB Zone Small Business** $ _________ ________%*

4. To Small Disadvantaged Business** $ _________ ________%*

5. To Women-Owned Small Business** $ _________ ________%*

* Divided into Total to be Subcontracted

**Subset of B

3. A description of the principal types of supplies and services to be subcontracted, and an identification

of the types planned for subcontracting to small business, veteran-owned small business, service-

disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and

women-owned small business concerns. (Note: Identify all supplies and services to be subcontracted.

Further identify which of those supplies and services will be provided by (a) small business(SB), (b)

veteran-owned small business(VOSB), (c) service-disabled veteran-owned small business(SDVOSB);

(d) HUB Zone small business(HBZSB), (e) small disadvantaged business(SDB)and (f) and women

owned small business(WOSB).

4. A description of the method

used to develop the subcontracting goals in item 2 above.

5. A description of the method used to identify potential sources for solicitation purposes

(e.g., existing

company source lists, SBA PRO-Net information accessed at the DoD Central Contractor Registration

www.ccr.gov

“Dynamic Small Business Search”, veterans service organizations, the National Minority

Purchasing Council Vendor Information Service, the Research and Information Division of the

Minority Business Development Agency in the Department of Commerce, or small, HUB Zone small

business, small disadvantaged business and women-owned small business concern trade associations).

Information referenced in the supplemental pages to the CCR’s “Dynamic Small Business Search” can

be relied upon as an accurate representation of a concern’s size and ownership for the purposes of

maintaining a small business, veteran-owned small business, service-disabled veteran-owned small

business, HUB Zone small business, small disadvantaged business and women-owned small business

source list. Use of the CCR “Dynamic Small Business Search” as its source lists does not relieve a

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firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting

opportunities) in this clause.

6. A statement

as to whether or not the offeror included indirect costs in establishing subcontracting

goals, and a description of the method used to determine the proportionate share of indirect costs to be

incurred with small business, veteran-owned small business, service-disabled veteran-owned small

business, HUB Zone small business, small disadvantaged, and women-owned small business

concerns.

7. The name of the individual

employed by the offeror who will administer the offeror’s subcontracting

program, and a description of the duties of the individual.

8. A description of the efforts the offeror will make to assure that small business, veteran-owned small

business, service-disabled veteran-owned small business, HUB Zone small business, small

disadvantaged business and women owned small business concerns have an equitable opportunity to

complete for subcontracts. (This element shall include, but shall not be limited to, the following:)

In order to effectively implement this plan to the extent consistent with

efficient contract performance, the contractor shall perform the following

functions:

a. Assist small business, veteran-owned small business, service-disabled veteran-owned small

business, HUB Zone small business, small disadvantaged, and women owned small business

concerns by arranging solicitations, time for preparation of bids, quantities, specifications, and

delivery schedules so as to facilitate the participation by such concerns. Where the

contractor’s lists of potential small business, veteran-owned small business, service-disabled

veteran-owned small business, HUB Zone small business, small disadvantaged and women-

owned small business subcontractors are excessively long, reasonable effort shall be made to

give all such small business concerns an opportunity to compete over a period of time.

b. Provide adequate and timely consideration of the potentialities of small business, veteran-

owned small business, service-disabled veteran-owned small business, HUB Zone small

business, small disadvantaged, and women owned small business concerns in all “make or

buy” decisions.

c. Counsel and discuss subcontracting opportunities with representatives of small business,

veteran-owned small business, service-disabled veteran-owned small business, HUB Zone

small business, small disadvantaged and women owned business concerns.

d. Provide notice to subcontractors regarding penalties and remedies for misrepresentations of

business status as small business, veteran-owned small business, HUB Zone small business,

small disadvantaged business or women-owned small business for the purpose of obtaining a

subcontract.

9. Assurances that the offeror (I) will include the clause

in this contract entitled “Utilization of Small

Business Concerns” in all subcontracts that offer further subcontracting opportunities, and (ii) will

require all subcontractors (except small business concerns) that receive subcontracts in the excess of

$500,000 ($1,000,000 for construction of any public facility), to adopt a plan similar to the plan agreed

to by the offeror.

10. Assurances that the offeror will

(I) cooperate in any studies or surveys as may be required; (ii) submit

periodic reports in order to allow the Government to determine the extent of compliance by the offeror

with the subcontracting plan; iii)

submit Standard Form (SF) 294, Subcontracting Report for Individual

Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the

forms. The reports shall provide information on subcontract awards to small business, veteran-owned

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small business, service-disabled veteran-owned small business, HUB Zone small business, small

disadvantaged business, woman-owned small business, and when applicable, Historically Black

Colleges and Universities and Minority Institutions. The offeror also must ensure that its

subcontactors agree to submit Standard Forms 294 and 295.

11. Recitation of the types of records the offeror will maintain

to demonstrate procedures that have been

adopted to comply with the requirements and goals in the plan, including establishing source lists; and a

description of its efforts to locate small business, veteran-owned small business, service-disabled veteran-

owned small business, HUB Zone small business, small disadvantaged and women-owned small business

concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide

or company-wide basis, unless otherwise indicated):

a. Source lists (i.e., CCR “Dynamic Small Business Search), guides, and other data that

identify small business, veteran-owned small business, service-disabled veteran-owned

small business, HUB Zone small business, small disadvantaged business, and women-

owned small business concerns.

b. Organizations contacted in an attempt to locate sources that are small business,

veteran-owned small business, service-disabled veteran-owned small business, HUB

Zone small business, small disadvantaged business, and women-owned small business

concerns.

c. Records on each subcontract solicitation resulting in an award of more than $100,000,

indicating whether (A) small business concerns were solicited and if not, why not, (B)Veteran-

owned small business were solicited and if not, why not, (C) service-disabled veteran-owned

small business were solicited and if not, why not, (D) HUB Zone small business concerns were

solicited and if not, why not, (E) small disadvantaged business concerns were solicited and if

not, why not, (F) women-owned small business concerns were solicited and if not, why not,

and (G) if applicable, the reason award was not made to a small business, veteran-owned small

business, service-disabled veteran-owned small business, HUB Zone small business, small

disadvantaged business, or women-owned small business concern.

d. Records of any outreach efforts to contact (A) trade associations; (B) business development

organizations; (C) conferences and trade fairs to locate small, HUB Zone small business, small

disadvantaged and women owned small business concerns and (D) veterans service

organizations.

e. Records of internal guidance and encouragement provided to buyers through (A) workshops,

seminars, training, etc. and (B) monitoring performance to evaluate compliance with the

program’s requirements.

f. On a contract-by-contract basis, records to support award data submitted by the offeror to the

Government, including the name, address and business size of each subcontractor.

Contractors having company or division-wide annual commercial plans need not comply with

this requirement.

g. SUPPLEMENTAL INFORMATION

Section 1207 of Public Law 99-661, Contract Goal for Minorities, supplements FAR Clause 52.219-9.

Offerors are required to:

a. Establish a subcontracting goal of 5% for small disadvantaged businesses.

b. Identify efforts to provide technical assistance to SDB’s.

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c. Include a statement that Historically Black Colleges and Universities (HBCU’s) and other

Minority Institutions (MI’s) will be considered when developing SDB goals, when applicable.

SIGNATURE: ____________________________________________

(EXECUTIVE OF COMPANY *)

TYPED NAME: ___________________________________________

TITLE: ___________________________________________

COMPANY: ___________________________________________

DATE: _______________

PLAN ACCEPTED BY: ____________________________ DATE: ___________

(CONTRACTING OFFICER)

AGENCY: _______________________________________________

* THE INDIVIDUAL SIGNING THE PLAN SHOULD BE AN EXECUTIVE OF THE COMPANY AND NOT THE

DESIGNATED PLAN ADMINISTRATOR

NOTE TO CONTRACTING OFFICER: UPON INCORPORATION OF A PLAN INTO THE

CONTRACT, INDICATE HEREIN THE DOLLAR VALUE OF THE CONTRACT

$__________________

DATE THAT PLAN WAS FORWARDED TO COGNIZANT DCMA OFFICE. _________