Description
. Description of Agreement. The Defense Logistics Agency (DLA) Troop Support Pacific has a requirement for the supply and delivery of semi-perishable and perishable grocery items to the designated following Delivery Location: MISAWA AF BASE, JAPAN. The initial ordering period shall consist of 12 months, commencing on June 1, 2023, and extending through May 31, 2024. The Government reserves the right to extend this Blanket Purchase Agreement (BPA) for up to five (5) years. 12. Delivery Instructions/Delivery Vehicle Requirements . a. The contractor shall ensure all products are delivered in sanitary vehicles that are of a commercially acceptable standard. b. Deliveries shall be FOB destination. c. Delivery locations will be specified on each STORES order. All items will be delivered to customer locations, free of damage, with all packaging and packing intact. The contractor shall remove all excess pallets used for delivery from the delivery point. Items that require refrigeration shall be delivered in refrigerated vehicles. d. Whenever a Vendor's vehicle breaks down in route to a delivery location, the Vendor must notify the Contracting Officer immediately. The Vendor shall NOT break the seal on the package without Contracting Officer’s approval. Also, whenever changing items from one refrigerated vehicle to another refrigerated vehicle because the refrigeration stopped working, the Vendor must notify the Contracting Officer immediately. e. The Government representative must sign the top right side of the invoice(s) as proof that he/she was present at time the seal was broken. 13. Packaging, Packing, Marking and Labeling. a. All packaging and packing shall be in accordance with good commercial practice. b. 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. c. All items must be adequately protected during inclement weather. 14. Inspection and Acceptance. a. Inspection and acceptance of products will be performed at destination. b. The inspection is normally limited to identity, count, and condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility Manager, Food Service Advisor/Officer, Warehouse Manager/Foreman, or the Contracting Officer. c. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. Supplies transported in vehicles that are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. d. The authorized receiving official at each delivery point is responsible for inspecting and accepting products as they are delivered. The invoice shall not be signed prior to the inspection of each product. All overages, shortages and/or returns are to be noted on the invoice by the receiving official and validated by the truck driver. The authorized receiving official’s signature on the invoice denotes acceptance of the product. e. The contractor shall prepare three (3) copies of the invoice with the shipment. The receiving official will use the invoice as the receipt document. Two (2) copies of the signed and annotated invoice will serve as the acceptance document. No electronic invoice may be submitted for payment until acceptance is verified. 15. Rejection of Product. a. In the event an item is returned, the invoice shall be annotated as to the item(s) rejected. These items shall then be deducted from the invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment. b. Replacements will be authorized based on the customer’s needs. On an as-needed basis, same day re-delivery of items that were previously rejected shall be made, so that the customer’s food service requirements do not go unfulfilled for that day. c. The re-delivered items will be delivered under a new invoice utilizing the new call number, new Contract Line Item Number (CLIN), and new purchase order number for the discrepant line(s). These re-deliveries shall be at no additional cost the customer. 16. Holidays. All orders are to be delivered on the specified delivery date, except for Federal holidays as outlined below. When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next scheduled business day, unless otherwise agreed to by the customer. New Year's Day Birthday of Martin Luther King, Jr. Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day NOTE: Saturday holidays are celebrated on the preceding Friday; Sunday holidays are celebrated on the following Monday. Holidays celebrated by your firm, other than those specified above, must be listed below. Also, specify your policy for celebrating holidays that fall on the weekend. 16.1 Japanese Public Holidays Japanese New Year Coming of Age Day National Foundation Day The Emperor’s Birthday Vernal Equinox Day Showa Day Constitution Memorial Day Greenery Day Children’s Day Marine Day Mountain Day Respect for the Aged Day Autumnal Equinox Day Sports Day Culture Day Labor Thanksgiving Day Note: Holidays are celebrated as shown above for Japanese but may or may not be observed by customers. 17. Additional Customers. The Government reserves the right to add customer location at any time throughout the duration of this BPA. Any additional customer location or ordering point will be added by modification to the contract. 18. Contractor Quality Program. The contractor should develop and maintain a quality program for product acquisition, warehousing and distribution to assure the following: a. Standardized product quality; b. The usage of First-In, First-Out (FIFO) principles; c. Product shelf life is monitored; d. Items are free of damage; e. Correct items and quantities are selected and delivered; f. Customer satisfaction is monitored; g. Product discrepancies and complaints are resolved and corrective action is initiated; h. Supplier/Vendor, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support Pacific Westpac; and i. Salvaged items or products shall not be used. 19. Warehousing and Sanitation Program/Stored Product Pest Management. The Vendor shall develop and maintain a sanitation program and a stored product pest management program for 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. 20. Food Defense/Force Protection. At any time, the United States Government, its personnel, resources, and interest may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support Pacific to take steps to ensure measures are taken to prevent the deliberate tampering and contamination of subsistence items. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering. All incoming vehicle operators should provide adequate identification upon request. Visitors should all be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate. Never leave open vehicles unattended, and use seals when possible to designate loaded trailers. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery. Ensure employee background checks are up to date. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. The contractor must immediately inform DLA Troop Support Pacific of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. If the Food Safety Officer inspecting the delivery orders finds a product that’s not from an approved source, the Food Safety Officer will notify the Contracting Officer and the Contracting Officer will remove the product from the catalog. Until the Food Safety Officer notifies the Contracting Officer that the product is now coming in from an approved source, the Contracting Officer will then add the item back on to the catalog at the same price the Contracting Officer took the product off the catalog at. As the holder of a contract with the DoD, all contractors shall be aware of the vital role they play in supporting our customers. It is incumbent upon contractors to take all necessary actions to secure product delivered to all military customers, as well as any applicable commercial destinations. 21. Contractor Quality Audits. The Government may conduct formalized audits to verify the vendor’s adherence to the contract requirements and the quality of product being supplied under any resultant contract. 22. Vendor Quality Assurance Visits (QAV). Quality Assurance visits will be performed by Troop Support Pacific in order to verify the adequacy of the Contractors’ Quality, Warehousing and Sanitation, Pest management and Food Defense Programs. These visits will be coordinated by the Contracting Officer with the vendor at least two weeks in advance of the visit. These visits will be under the cognizance of the DLA Troop Support Pacific Region Subsistence Office in order to review the BPA vendor’s compliance with the terms of the contract and to evaluate the quality, food safety, and food defense of subsistence items distributed to customers. The presence of a company representative knowledgeable in all aspects of operations will be required during the QAV. During the QAV, 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; food safety program; food defense program; HACCP program (if applicable); pest management program; condition of storage facilities; product shelf-life management; inventory in-stock (age of product and condition, labeling, product rotation, and etc.); product substitutions; control of material identified for destruction/disposal or for return to Suppliers/Vendors. The QAV may also include visits to customers served by the BPA vendor. 22.1 Quality Assurance Visit Findings . a. A finding can be assessed into three (3) categories: Observation, Major Finding, and Critical Finding. The following is a brief description of each of the finding categories: An “Observation” is a condition, practice, step or procedure that is not in accordance with food safety and defense requirements, and does not meet the criteria of a Critical or Major finding. A “Major Finding” is a condition, practice, step or procedure, which in itself does not present a food defense, or imminent health hazard yet has the potential to affect food safety or the product’s intended use due to loss or lack of verifiable control. (iii) A “Critical Finding” is an imminent health hazard caused by a condition which presents a biological, chemical or physical food safety or food defense hazard that if not prevented, eliminated or reduced by a subsequent process, practice, step or procedure; or that may cause food to be unsafe for consumption or otherwise adulterated. (iv) Program evaluations will be rated as satisfactory or unsatisfactory. A satisfactory finding requires less than four major findings or no critical findings. b. In the event the BPA vendor fails to correct unsatisfactory conditions within the time specified by the Contracting Officer, the Contracting Officer will suspend the services provided by the BPA vendor until identified public health concerns are remedied to the satisfaction of the applicable inspection agency. c. Such actions listed above will not eliminate the Government’s right to terminate the contract in accordance with the “Default” clause of the contract. 23. Subsistence Approved Sources/Food Establishments. a. All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the Supplier/Vendor agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Public Health Command (USAPHC) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). b. Compliance with the current edition of DoD Military Standard 3006C, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers/Vendors 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 listing, as indicated in paragraph (2) below. Suppliers/Vendors also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated. c. Establishments furnishing the products listed in Attachment 1 , 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 the listing is provided in Appendix A of the Worldwide Directory. d. Establishments exempt from Worldwide Directory listing. Refer to AR 40- 657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312; 1-888-584-8332; or download from: http://www.apd.army.mil/pdffiles/r40_657.pdf). For the most current listing of exempt plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). e. 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. 24. Contract Administration Data /Contracting Authority. a. The DLA Troop Support Pacific Contracting Officer is the only person authorized to approve changes to, or modify any requirement of, the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the designated Contracting Officer. b. In the event the vendor effects any change at the direction of any person other than the designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to cover any costs associated with such 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 designated Contracting Officer. 25. Administration . Administration of the contract will be performed by DLA Troop Support Pacific. 26. Delivery Location : MISAWA AF BASE, JAPAN.