MARKET FRESH

, packaging characteristics, unit of issue, and unit price.
A. Catalog Maintenance
1. New Items
(a) If a customer seeks to order a Bread and/or Bakery item that is not a part of the catalog after the customers' ordering period commences (i.e., post “start-up” period), the Contractor will be afforded a maximum of 10 days to source the item and have the item added to the ordering catalog. The final step prior to the item being “live” on the catalog is for the Contracting Officer to determine the item's price “fair and reasonable.” Once this is complete, the item should remain a constant within the contractor's inventory, subject to availability issues. When requesting all item approvals (including new additions and/or changes to an existing item, such as pack size, etc.) with the Contracting Officer, the Contractor shall use the “Request for New Item” Form (Attachment 2). This form is mandatory and without it, no new items or changes to existing items will be processed by the Contracting Officer.
2. Catalog Pricing
(a) Market Basket Pricing: Items priced in the Market Basket (see Attachment 1) will be included in the ordering catalog following award. Market Basket will be determined fair and reasonable prior to award.
(b) Contractor-Requested Catalog Price Changes: Upon award, all items included in the Solicitation's Market Basket that ultimately are included in the ordering catalogs have been deemed “fair and reasonable” from a pricing standpoint by the Contracting Officer.
(c) Contractor-Requested Catalog Additions: Before an item is added to the catalog, the Contractor is required to submit to the Contracting Officer the “Request for New Item” Form as previously addressed (see Attachment 2). Said request shall include the stock number, Government item description including the quality grade of the item (if applicable), proposed unit price with a corresponding supplier invoice or quote (quotes permitted in very limited circumstances as approved by the Contracting Officer; e.g. Contractor never purchased item before.) The Contracting Officer will review the catalog addition request and upon determining the price fair and reasonable will contact the Contractor to indicate acceptance. The item once accepted will be added by the Contracting Officer to the catalog. Should the proposed price fail to be determined “fair and reasonable,” the Contracting Officer will conduct negotiations with the Contractor. If, after negotiations, the proposed price still cannot be determined “fair and reasonable,” the item will not be added to the catalog.
(d) Pricing Requirements: The Contractor's catalog prices, as awarded, constitute the initial catalog prices. The prices shall remain in effect for all subsequent ordering periods.
VII. BERRY AMENDMENT
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Part 12 Clauses (CONTINUED)
A. The Berry Amendment, contained in Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.225-7012 and included in this solicitation, is applicable. This regulation mandates that all food items, including bread and bakery items, provided under the instant solicitation, and resulting contracts be produced and manufactured in the United States.
VIII. ADDITION OF NEW CUSTOMERS
A. Adding Customers within the Contract's Geographic Distribution Region/Zone:
1. After contract award, there may be instances when new customers request support of their fresh bread and bakery requirements. Additional DoW and/or Non-DoW federal government customers that request DLA Troop Support fresh bread and bakery support may be added to the contract without any new acquisition or competition process, if the customer(s) is/are within the geographic distribution region/zone covered by this contract.
2. The decision as to whether a potentially new customer is within the contract region or zone and, thus, will be added to the contract without further competition and at the existing contract prices, shall be the sole decision of the DLA Troop Support Contracting Officer.
3. Pursuant to the above, the Contracting Officer will instruct the contractor to include the customer(s) at the effective contract prices applicable to that distribution zone/region.
B. Under no circumstance may the resulting contract's maximum dollar value be exceeded with the addition of any customer(s) and its respective bread and bakery requirements.
IX. CUSTOMER SERVICE
A. The contractor(s) shall treat each of the customers covered under the contract as one of its best customers. Therefore, any treatment and/or customer service policy given to other essential accounts shall also be given to the customers covered under the resulted contract.
B. Troop and other customers conduct periodic food menu boards and similar meetings that the Contractor may be required to attend. At these meetings, the customers typically review their internal business practices and may request that the Contractor show new products and/or provide nutritional information.
X. ORDERING SYSTEMS
A. Subsistence Total Order & Receipt Electronic System (“STORES”): DOW customers will order using the STORES catalog as applicable.
1. Accessed via the Internet, 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 DLA Troop Support for the purposes of contractor payment and customer billing.
2. Customers will be able to order all of their requirements through STORES. The System will transmit orders to the Contractor and DLA Troop Support.
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Part 12 Clauses (CONTINUED)
3. The Contractor is required to interface with STORES and must be able to support the following EDI transactions:
810 Electronic Invoice 820 Payment Voucher Information
Note: A complete description of these transaction sets is included in the “EDI Implementation Guidelines” and can be found at http://www.dla.mil/TroopSupport/Subsistence/Doing-Business-with-Sub/STORES/, click STORES and EDI Requirements.
4. The Contractor shall have access to the Internet and be able to send and receive electronic mail (email).
5. Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower must be rounded down to $2.21.
6. Contractors are required to utilize the Government's item descriptions on all invoices, delivery tickets to the customer, and 810 invoice transaction set.
7. The Contractor will utilize the DLA Troop Support 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.
8. In the event the STORES system or the Contractor's interface is not operational, the Contractor must provide alternate ways for the customer to order (e.g., by fax by phone, pick up orders, etc.)
9. Public Key Infrastructure (“PKI”)/ External Certificate Authorities (“ECA”) Certificates: The Department of War (“DoW”) PKI Certificate will be required for all DoW users. A DoW PKI certificate will be required for all contractors. The requirement for PKI certificates is implemented in accordance with DoW security policy promoting secure electronic transactions.
(a) Obtaining a PKI certificate:
(i) Contractors who do not work on-site at a Department of War facility may purchase a DoW PKI certificate from one of three External Certificate Authorities (“ECAs”). The ECAs are vendors who provide digital certificates to DoW's industry partners who are using their own equipment or working in non Governmental facilities. Certificate prices range from $99 $179 per certificate per year, with volume discounts at some ECAs. A list of ECAs is available at the following web address: https://www.transactionservices.dla.mil/daashome/ pkicontacts.asp.
(ii) Each contractor must fully comply with the DoW requirement to implement PKI in order for our information systems to remain secure and viable.
XI. ORDER PLACEMENT and ADJUSTMENTS/CANCELLATION OF ORDERS
A. The minimum order requirement for any resultant contract is $50.00. This requirement shall be based on the aggregate total of orders for a specific delivery date to all customers located within a particular military base or delivery location.
B. Customers shall place orders via STORES to accommodate at a minimum a 2-day lead time, i.e., “skip day” delivery. For example, an order placed on Monday, September 1st would have a required delivery date of Wednesday, September 3rd.
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Orders shall generally be sent by the customer no later than 10:00 a.m. to allow the vendor to receive order the same business day. However, a customer may decide to place an order with a longer lead-time for delivery, except as noted under the “Holidays” subsection under the “Deliveries and Performance” section of this Solicitation.
C. Once submitted through the applicable electronic ordering system (STORES), an order may be cancelled by a customer up to 24 hours before scheduled delivery via written notification to the Contractor and the Contracting Officer. Within less than 24 hours from delivery, an order may be cancelled by mutual agreement between the customer and the Contractor. In the event of an act of God, such as extreme weather, the specific situation regarding a cancelled delivery will be dealt with in an equitable manner by the Contracting Officer, who has the ultimate authority and discretion to resolve said issues. (SKIP DAY)
D. Adjustments For procedures discussing adjustments to order, refer to Attachment 4 (STORES manual)
XII. ITEM AVAILABILITY
A. Contractors must have the ability to provide to the customers a range of bread and bakery items in sufficient quantities to fill all customer requirements and maintain the overall 97% contract fill rate. All supplies shall be delivered on a “fill or kill” per line-item basis (i.e. If a Contractor cannot fill a line item, the line item dies). Therefore, item substitutions are not authorized.
B. Contractors shall notify the customer within 24 hours of required delivery date/time of the non-availability of any particular ordered item, whether in whole or in part. The customer may choose to replace the non-available item with another item from the contract catalog by placing a new, separate order for the item in STORES as applicable. Assuming the proper procedure is followed, this circumstance (i.e., replacement of a NIS item with a separate order for another catalog item) will not negatively impact a Contractor's fill rate.
XIII. PACKAGING, PACKING, LABELING, AND MARKINGS
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 comply with the National Motor Freight Classification and Uniform Freight Classification Code.
B. All items must be identified with readable dates (open code dates), coded dates.
C. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.
XIV. DELIVERY NSN/Part Number: 14153SEESOW