36C24521Q0763_1.docx

36C24521Q0763

GENERAL INFORMATION

SET-ASIDE

VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

POINT OF CONTACT*

Contract Specialist Kami Hom kami.hom@va.gov 410-642-2411 x2404

PLACE OF PERFORMANCE

3901 The Alameda Baltimore, MD 21218

59 Ave. D Bldg 17H Perry Point, MD 21902

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

See RFQ Below.

All questions are to be submitted in writing to Kami.Hom@va.gov no later then Tuesday, August, 24, 2020 at 10:00am.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice All responses are to be submitted in writing to Kami.Hom@va.gov no later then Friday, August 27, 2021 at 8:00am.

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24521Q0763 08-19-2021 Kami Hom 410-642-2411 x22404 08-27-2021 8:00am

EST

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 X 311511 1000 Employees N/A X Department of Veterans Affairs VA Maryland Health Care System P.O. Box 1000 Perry Point MD 21902 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page To provide individually 0.5 pint units of 1% low fat milk, whole milk, 2% milk, whol chocolate milk, lactose free milk, 5lb tubs of low fat cottage cheese 5lb tubs of sour cream, 12/cs vanilla and strawberry yogurt, gallon units of fruit punch and orange dring, and 0.5 pint units of ice tea.

See statement of work.

Base Year 10-1-2021 - 9-30-2022 Option Year One 10-1-2022 - 9-30-2023 Option Year Two 10-1-2023 - 9-30-2024 Option Year Three 10-1-2024 - 9-30-2025 Option Year Four 10-1-2025 - 9-30-2026 See CONTINUATION Page X X Kami Hom Contracting Officer Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

b. GOVERNMENT: Department of Veterans Affairs VA Maryland Health Care System Kami Hom, Contracting Officer (90C) P.O. Box 1000, Bldg. 101-C, Room 8 Perry Point MD 21902 410-642-2411 x22404 Kami.Hom@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK

STATEMENT OF WORK

VA Maryland Health Care System (VAMHCS) MILK and DAIRY PRODUCTS

Background:

The VA Maryland Health Care System (VAMHCS) requires Fluid Milk and Dairy Products. The purpose of this procurement is to obtain fluid milk and dairy products to meet the nutritional needs of the inpatient population at the VAMHCS. The VAMHCS requires fluid milk and dairy products to be delivered on site to support meal service to inpatient population. All products shall conform to the standards set forth by the Unites States Department of Agriculture (USDA). These standards are available on line at www.usda.gov.

Scope:

Contractors shall provide all necessary labor, materials, equipment and supervision necessary to produce and deliver milk and dairy products for VA Maryland Health Care System Nutrition and Food Services (NFS) Department for the period of October 1, 2021, through September 30, 2022.

Option to Extend:

This contract may be extended up to four additional (4), one-year periods at the option of the Government in accordance with FAR 52.217-9, Option to Extend the Term of the Contract, subject to the availability of funds. 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. Exercise of the option will be based on whatever is the most advantageous to the Government. Evaluation of options shall not obligate the Government to exercise the option.

Ordering:

1. Orders will be placed by assigned authorized individuals from NFS. Orders may be placed by phone, fax, mail, vendor website or EDI. If the contractor is not already set-up as an EDI Vendor, they may be set up by contacting the VA Austin Automation Center at (512) 326-6931. Orders are based on patient load and amounts will increase or decrease in conjunction with the respective medical centers census.

2. Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Offers will be evaluated based on the estimated quantities. Actual quantities ordered may vary among line items.

Delivery:

1. Delivery to VAMHCS will consist of three medical center locations delivery to NFS.

Baltimore VA Medical Center Nutrition & Food Services (120) 10 N. Greene Street Baltimore, MD 21201

(410) 605-7000 x 56652 or 56647

Loch Raven VA Medical Center Nutrition & Food Services (120) 3901 The Alameda Baltimore, MD 21218-2100

(410) 605-7000 x 57501 or 53761

Perry Point VA Medical Center Nutrition & Food Services (120) 59 Avenue D, Bldg. 17H Perry Point, MD 21902-0001

(410) 642-2411 x26337 or 21022

2. Delivery will be made up to three times weekly, Monday through Friday, between the hours of 5:30 am and 10:30 am.

3. Contractor will check stock of milk/dairy product on shelf at VAMHCS medical centers so that an adjustment may be made to prevent having too much or too little stocked at each facility. The contractor will be required to deliver milk and dairy products in the cooler, rotating stock to prevent products from becoming outdated.

4. While performing under this contract, all vehicles used by the contractor will be locked and the keys removed when not in use. This is intended to protect the contractor’s property as well as the safety of patients and staff at the medical centers. Vehicles shall be turned off once parked in the tunnel for deliveries.

5. Contractor shall not deliver products on Federal holidays even if the holiday falls on a weekend. The following is a list of Federal holidays: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day, or any other day declared by the President of the United States to be a federal holiday.

Note: In the event a holiday should fall on a Sunday, the holiday is normally observed on the following Monday. In the event a holiday should fall on a Saturday, the holiday is normally observed on the preceding Friday by Government agencies.

6. Deliveries are to be confirmed and signed by the Inventory Specialist, Food Systems Operations Manager, Cook-Foreman, Chief Food Production & Service, Assistant Chief Food Production & Service, Food Service Supervisors, or Contracting Officer Representative.

Authorized Personnel:

1. A Delegation of Authority memorandum will be issued after award of contract. All contract administration functions relative to the administration of this contract, excluding termination rights, will be delegated to an Administrative Contracting Officer (ACO) of the medical center.

2. After contract award, inquiries and correspondence pertaining to administration of this contract shall be addressed to the VAMHCS. Only the Contracting Officer (C/O) is authorized to make commitments or issue changes which will affect the price, quantity, quality, or terms of this contract.

Inspection and Acceptance:

1. An employee(s) of NFS will be designated by the VA Maryland Health Care System’s Nutrition and Food Services Chief under a Delegation of Authority memorandum to accept or reject delivery as to quality and condition of the product. Items rejected all or in part must be removed from the premises within 48 hours of notification of rejection.

2. Unless offeror certifies that acceptable inspection has been made (any agency of the Federal Government or the AIB International Department of Food Safety/Hygiene), a pre-award onsite evaluation of the lowest offeror may be made. This will include inspection and evaluation of the plant, personnel, equipment and processes of the prospective contractor. An inspection may be made of the premises and employees prior to award, and conditions found will be considered in award of the contract. Inspection may be performed at any time during the contract period and, if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the products covered by this contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractor's account.

Natural Disasters/Hurricanes/Emergencies: The contractor must be able to ensure delivery to the VA at all times, inclusive of hurricane, disasters, pandemics, and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency situation, including but not limited to a hurricane. For anticipatory situations, such orders will be placed 24 hours or less in advance. In an emergency, the contractor will be notified with the amount and type of products required by the VA that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal orders. The contractor shall provide the Contracting Officer and both technical representatives with its designated point of contact and contact information for emergency orders.

Payment:

1. Payments shall be monthly in arrears upon receipt of a properly executed invoice. Invoices for NFS will be submitted to the addresses designated in this contract. In accordance with the Prompt Payment Act the Government has 30 days after receipt of a valid invoice to make payment.

2. Payments under this contract will be made by Electronic Funds Transfer (EFT) by the VA or VCS Finance Center. Contractor may elect to accept the Government Purchase Card as a method of payment for all orders under $2,500 if the contractor is set up to accept credit cards.

Packing List:

There shall be a packing list enclosed with all shipments made under this contract. The packing list shall show the following as a minimum: Contractor's name and address, VA Purchase Order Number (if one is given); the VA Maryland Health Care System Nutrition & Food Services, the items shipped; and quantity.

Specifications and Standards:

1. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations, promulgated hereunder. All contractor racks, carts, crates, and bins to be left at VAMHCS must be clean and free from rust, visible soil, or other potential contaminants.

2. Quality Assurance. All raw milk for pasteurization, condensed and dried milk, finished products and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A pasteurized Milk Ordinance - 1978 Recommendations of the United States Public Health Service" or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of 90 or more as certified by the State Milk Sanitation Rating Officer and shall be listed in the "Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers." Milk laboratories approved by Federal and State agencies and listed in the previously mentioned document shall do all testing.

3. Contractor's Certification. By submitting an offer, the contractor certifies that the product offered meets the specified salient characteristics and requirements of the Federal Hospital Subsistence Guide; conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling territories, or possessions; and is sold in the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including, delivery at final destination as may be necessary to determine conformance with the terms of the contract.

4. Alternate Items. Offers on items not listed above (alternate items) will only be considered if acceptable bids on required items are not available or an offer is not received. Offerors must clearly identify any items that are not exact and specify the exceptions which differ from the required item.

Source of Manufacturer Items supplied under this contract are required to originate from a sanitarily approved source. The supplier must identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code. Preference will be given to locally sourced vendors.

Manufacturing Standards/Product Quality

1. Fortification

1. The finished milk types A, E, I and M shall contain a level of 400 International Units (IU) of vitamin D per 946 mL (1 quart).

1. Types B, C, D, F, G, H, J, K, L, N, O, and P shall be fortified with vitamins D and A so the finished fluid milk contains at least 400 IU of vitamin D and 2,000 IU of vitamin A per 946 mL (1 quart).

1. Types B, C, D, F, G, H, J, K, L, N, O, and P shall be nutritionally equivalent to the fluid milk or milk products that were modified by milkfat reduction. These types are required to return at the level of these nutrients to their respective levels and make them equivalent to the fluid milk or milk products that was milkfat modified.

2. Physical Hazards: Fluid milk and milk products shall be clean, sound, wholesome, and be free from foreign material such as, but not limited to, dirt, insect parts, hair, wood, glass, or metal.

3. Mold: Fresh or frozen milk shall include mold inhibitors of proper levels as allowed by the Federal Food, Drug and Cosmetic Act.

4. Odors: All types of fluid milk and milk products shall be free from all undesirable and objectionable flavors, and have a pleasingly sweet distinctive individual characteristic flavor.

5. Chocolate Flavoring:

a. The chocolate flavoring shall be derived from cacao products meeting 21 CFR Part 163 - Cacao Products regulations.

b. The flavoring products shall have a pleasingly sweet distinctive chocolate flavor free from objectionable flavors.

6. Color: All types of fluid milk and milk products shall be uniformly colored throughout and characterize the type and/or flavor it represents.

7. Consistency:

a. The body of fluid milk and milk product types A through H shall be smooth with an acceptable mouth feel.

b. They shall not be slimy, ropy, or show evidence of wheying-off or floating fat particles.

c. The body of acidified and cultured buttermilk types I through P shall be smooth, uniform, and of medium consistency.

d. They shall be free from undesirable gas formation, wheying-off, and practically free from entrapped air.

Freshness/Pasteurization Requirement for Dairy Products:

1. All products shall conform to the standards set forth by the Unites States Department of Agriculture (USDA). These standards are available on line at www.usda.gov. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice at a minimum:

- Milk must be delivered a minimum of 14 days prior to the expiration date and within 72 hours after pasteurization.

- Cottage cheese, cultures, normal shelf life must be delivered within 4 days after date of packing, cottage cheese, acidified, normal shelf life, must be delivered within 5 days after date of packaging, cottage cheese, culture or acidified, extended shelf life, must be delivered a minimum of 14 days prior to the expiration date.

2. All milk shall be delivered to the requested destination no later than 72 hours after said milk is pasteurized. All fluid milk and milk products shall be pasteurized at a temperature of not less than 72°C (161°F) for a period of time of not less than 15 seconds or at a temperature of not less than 63°C (145°F) for a period of time of not less than 30 minutes in properly designed and operated equipment or for a time and at a temperature equivalent thereto for microbial destruction. If fluid milk or milk products contain added sweeteners, the specified temperature shall be increased by 2.8°C (5°F). Pasteurization shall be in accordance with general provisions (21 CFR §131.3). The fluid milk and milk products shall be homogenized. This requirement is in accordance with the CID Specification # A-A-20338, dated October 31, 2001. All milk and milk product items furnished under this contract shall be fresh and of the highest quality.

Packaging, Packing and Labeling:

1. Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., shall conform to normal commercial practices and applicable carrier rules and regulations, involving shipment from the contractor to the receiving activity for storage. Shipping containers shall be in compliance with national Motor Freight Classification and Uniform Freight classification (issue in effect at time of shipment).

NOTE: 1/2 pint Containers — Acceptable packaging = 1/2 PT Cardboard Containers measuring 4-1/2" x 2-1/3" OR 1/2 PT Cardboard Containers measuring 2-7/8" x 3"

2. All products furnished shall be prepared, processed and packed under sanitary conditions and in accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound and securely sealed to provide adequate protection from dirt, filth, and all other contamination. All items shall be maintained at temperatures necessary for the preservation of the product according to the standards established by the Food & Drug Administration (FDA).

3. Open coded expiration dates shall be legible on each product. All dairy items shall have a minimum expiration date of fourteen (14) days after delivery. Failure to comply with this requirement will render a contract in default and be grounds for termination.

4. If it is determined that a significant number of products are leaking, spoiled, or otherwise found to not be in accordance with the specifications contained herein, the Contractor will be notified to exchange the products for ones that are in accordance with these specifications within two hours of notification. If the number of such products is determined to be insignificant in number, they may be held for pick up by the contractor at the next scheduled delivery.

Applicable provisions of the Fair Packaging and Labeling Act are contained in 16 CFR Parts 500 to 503. The Federal Food, Drug, and Cosmetic Act are contained in 21 CFR Parts 1 to 199. These documents may be purchased from: Superintendent of Documents, New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Credit card (MasterCard or Visa) purchases are made by calling the Superintendent of Documents on (202) 512-1800 or on the Internet at: http://www.access.gpo.gov/nara. Copies of the current edition of the Grade "A" Pasteurized Milk Ordinance and the Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers may be obtained from: Milk Safety Team (HFS-626), FDA, 200 C Street, SW, Washington, DC 20204, telephone (202) 205-9175 or on the Internet at: http://www.cfsan.fda.gov. Copies of this CID and beneficial comments, recommendations, additions, deletions, clarifications, and any data which may improve this CID are available from and/or provided to: Head, Food Quality Assurance Staff, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, STOP 0243, 1400 Independence Avenue, SW, Washington, DC 20250-0243, telephone (202) 720-9939, Fax (202) 690-0102, via E-mail: FQAStaff@usda.gov or on the Internet at:

http://www.ams.usda.gov/fv/fvqual.htm.

Environmental Standards Should the contractor manufacturer and provide company brand milk products, the contractor should utilize, if possible, recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity. List recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity.

Metric Products Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376B and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer's Technical Representative, will accept or reject the product.

At no time, shall contractor employees be considered as government employees for any purpose.

Estimated Quantities

Base Year (October 1, 2021 – September 30, 2022)

Option Year 1 (October 1, 2022 – September 30, 2023)

Option Year 2 (October 1, 2023 – September 30, 2024)

Option Year 3 (October 1, 2024 – September 30, 2025)

Option Year 4 (October 1, 2025 – September 30, 2026)

Information Security:

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

Evaluation Criteria

1. 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:

Price: All evaluation factors other than cost or price when combined are approximately equal to cost or price.

Past Performance: The offeror must provide documentation of three (3) references for verification purposes of past performance which demonstrate the company's ability to meet the qualifications herein, inclusive of point of contract information and current phone numbers.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year: 10/1/2021 - 9/30/2022

1/2 Pint - Whole Milk

1/2 Pint - 2% Milk

1/2 Pint - 1% Milk

1/2 Pint - Whole Chocolate Milk

1/2 Pint - Lactose Free Milk

5 LB Sour Cream

5 LB Cottage Cheese

Vanilla Yogurt (12/cs.)

Strawberry Yogurt (12/cs.)

Gallon - Fruit Punch

Gallon - Orange Drink

1/2-Pint - Iced Tea

Option Year One: 10/1/2022 - 9/30/2023

1/2 Pint - Whole Milk

1/2 Pint - 2% Milk

1/2 Pint - 1% Milk

1/2 Pint - Whole Chocolate Milk

1/2 Pint - Lactose Free Milk

5 LB Sour Cream

5 LB Cottage Cheese

Vanilla Yogurt (12/cs.)

Strawberry Yogurt (12/cs.)

Gallon - Fruit Punch

Gallon - Orange Drink

1/2-Pint - Iced Tea

Option Year Two: 10/1/2023 - 9/30/2024

1/2 Pint - Whole Milk

1/2 Pint - 2% Milk

1/2 Pint - 1% Milk

1/2 Pint - Whole Chocolate Milk

1/2 Pint - Lactose Free Milk

5 LB Sour Cream

5 LB Cottage Cheese

Vanilla Yogurt (12/cs.)

Strawberry Yogurt (12/cs.)

Gallon - Fruit Punch

Gallon - Orange Drink

1/2-Pint - Iced Tea

Option Year Three: 10/1/2024 - 9/30/2025

1/2 Pint - Whole Milk

1/2 Pint - 2% Milk

1/2 Pint - 1% Milk

1/2 Pint - Whole Chocolate Milk

1/2 Pint - Lactose Free Milk

5 LB Sour Cream

5 LB Cottage Cheese

Vanilla Yogurt (12/cs.)

Strawberry Yogurt (12/cs.)

Gallon - Fruit Punch

Gallon - Orange Drink

1/2-Pint - Iced Tea

Option Year Four: 10/1/2025 - 9/30/2026

1/2 Pint - Whole Milk

1/2 Pint - 2% Milk

1/2 Pint - 1% Milk

1/2 Pint - Whole Chocolate Milk

1/2 Pint - Lactose Free Milk

5 LB Sour Cream

5 LB Cottage Cheese

Vanilla Yogurt (12/cs.)

Strawberry Yogurt (12/cs.)

Gallon - Fruit Punch

Gallon - Orange Drink

1/2-Pint - Iced Tea

B.4 DELIVERY SCHEDULE

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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. 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. 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.

(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 Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. 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 41 U.S.C. chapter 71, Contract Disputes. 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—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, 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—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to 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 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—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any…