36C24521Q0780_1.docx

36C24521Q0780

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*

Kami Hom Kami.Hom@va.gov

PLACE OF PERFORMANCE

Clarksburg, WV 26301

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

See RFQ Below.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice All responses are due by September 1, 2021 at 8:00am in writing to Kami.Hom@va.gov.

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

36C24521Q0780 08-2 -2021 Kami Hom 410-642-2411 x22404 09-01-2021 8:00am

EDT

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 311812 1000 Employees X N/A X Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 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 Texas toast, white bread, and italian bread, hotdog buns, hamberger buns, bagels, plain kaiser rolls, white bread p.p., wheat bread p.p. and individual p.p.

soft dinner rolls.

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:

B.2 STATEMENT OF WORK

Statement of Work for Bread Products Louis A. Johnson VA Medical Center 1 Medical Center Drive

1. OVERVIEW: The contractor shall provide bread products to the Louis A. Johnson VA Medical Center (hereafter may be referred to as LAJ VAMC) located at 1 Medical Center Drive, Clarksburg, WV 26301. The LAJ VAMC intends to award a firm, fixed-price contract for the provisions of bread products. The quantities listed in the Pricing Schedule are estimated requirements for the Nutrition & Food Service Department. The contractor shall be a United States (US) Vendor and a US Citizen.

2. SCOPE OF WORK:

A. General: The scope of this requirement involves providing bread products, which conform to the specifications outlined and referenced herein to the LAJ VAMC’s Nutrition & Food Service Department located at 1 Medical Center Drive, Clarksburg, WV 26301.

B. Quantities: The quantities listed in the Pricing List represent the estimated quantities that will be ordered over the base period and option year. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantity for the base and option year without the prior written approval of the Contracting Officer.

C. Period of Performance: The period of performance for the provision of bread products shall be a base period from October 01, 2021 through September 30, 2022 with four (4) one-year option periods from October 01, 2022 through September 30, 2026.

Central Contractor Registration (CCR): Federal Acquisition Regulation requires that federal contractors register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and enter all mandatory information into the system. Award cannot be made until contractor has registered. Offerors are encouraged to ensure that they are registered in CCR prior to submitting their offer.

D. Deliveries must be made FOB destination on Monday and Thursday between 07:00am and 11:00am local time excluding federal holidays. When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday by US Government agencies. In this case, and if the federal holiday falls on a Thursday, delivery shall be made the next business day after the observed holiday. Requirements are for the period 10/01/2021 through 09/30/2022.

The following items shall be delivered to the Louis A. Johnson VA Medical Center, 1 Medical Center Drive, Clarksburg, WV 26301:

LAJVAMC BASE PERIOD-October 1, 2021 through September 30, 2022 with option 4 option years

3. SPECIFICATIONS AND STANDARDS:

A. The delivered products shall meet the specifications as listed in Section 5 of this 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 within 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.

B. Contractor 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, and storage and handling; and is sold in the commercial marketplace. 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.

C. Individually sliced wrapped bread and individually wrapped dinner rolls will be dated.

4. ALTERNATE ITEMS, PACKAGING, AND PACKING

A. Offerors may propose alternate items, packaging, or packing. Offerors shall clearly indicate in their offer the quantity, packaging size, unit, or other different features upon which the offer is submitted. Evaluation of the alternate item will be made against a common denominator (i.e. weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all requirements of the Government specifications.

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

5. PRODUCT QUALITY AND FRESHNESS:

A. Product conformance. The fresh bread provided shall meet the salient characteristics of the CID cited; conform to the producer’s own specifications, standards and quality assurance practices; and be the same fresh bread offered for sale in the commercial marketplace. The Government reserves the right to require proof of such conformance.

B. Quality assurance. When required, the Federal Grain Inspection Service (FGIS), U.S. Department of Agriculture shall determine the quality assurance of the fresh bread according to the requirements of the CID or applicable standards or specifications. The fresh bread shall be examined or analyzed in accordance with applicable provision in the CID, solicitation, contract, or purchase order, and when applicable, the United States Standards for Condition of Food container in effect on the date of the offer.

C. Age requirement. Fresh bread shall be delivered less than 24 hours old upon arrival at the receiving point. Failure to comply with this provision will be considered grounds for default of contract.

D. All products furnished under this contract shall be processed and packed under sanitary conditions in strict 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 covered or sealed to provide adequate protection from dirt, filth, or contamination. All ingredients shall be clean, sound, wholesome, and free from evidence of rodent or insect infestation. Failure to comply with this provision will be considered grounds for default of contract.

E. Ingredients for fresh bread shall consist of flour, water, salt, yeast, emulsifiers or stabilizers, and other ingredients appropriate for the type of bread specified in the schedule of items. The fresh bread shall include mold inhibitors of proper levels as allowed by the Federal Food, Drug, and Cosmetic Act.

F. Enriched flour. When the bread is enriched, the wheat flour used for the bread shall conform to the U.S. Standards of Identity for Enriched Flour (21 CFR 137.156) and shall be milled from a variety of hard and/or soft wheat.

G. Appearance and color. The fresh bread shall have uniformly brown crust characteristic of the product. The fresh bread shall have a typical volume, characteristic grain, and be evenly baked without evidence of foreign odors or flavors, burnt, scorched, stale, rancid, or moldy. The delivered fresh bread shall not be crushed or damaged.

H. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance best commercial practice.

I. Any commercial or additional labeling, as specified, which complies with the U.S. Food, Drug, and Cosmetic Act, and regulations promulgated thereunder, is acceptable.

J. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. If a product is manufactured to metric dimensions and those dimensions exceed the tolerance specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The COR, in accordance with the Contracting Officer, will accept or reject the product.

K. Additional packaging, packing, and/or marking requirements can be found in the Addendum to 52.212-4, Terms and Conditions - Commercial Items.

6. INSPECTION OF PLANTS:

A. All products furnished under the awarded contract shall be processed at plants that have been inspected by the Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meets these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period (see Addendum to 52.212-3 for representations and certifications). The Contracting Officer or his/her designee reserves the right to make pre-award, on–site survey and inspection of the plant, personnel, equipment, and processes of the offeror. If the plant of the apparent low offeror does not meet specification or is not acceptable, the offer will be rejected.

THE BIDDER CERTIFIES THAT: (check one)

( ) No agent of the Federal Government has conducted an inspection of the physical facilities of this plant within the last six (6) months.

OR

( ) An inspection of the physical facilities of the plant was conducted by the:

_________________________________________ on ________________________ (Agency) (Date of Inspection)

PLEASE PROVIDE COPY OF LAST INSPECTION REPORT WITH QUOTATIONS.

B. INSPECTIONS OF PLANTS: An inspection may be made of the premises and employees of bidder, prior to making award, and conditions found will be considered in awarding the contract. Inspection may also be made at any time during the life of the contract 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 contractors account.

7. ORDERING

1. The Louis A. Johnson VA Medical Center located in Clarksburg, WV shall place orders no less than two (2) work days prior to required delivery date. Upon delivery at the receiving location, items ordered shall be less than 24 hours of age. Orders will be placed by the COR or his/her designees. Each order will show ship-to and bill-to addresses and purchase order number (if required). Orders for product may be placed by phone, fax, mail, email, or EDI. If the contractor is not already set up as an EDI Vendor, they must be set-up by contacting the VA Austin Automation Center.

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

3. The Contractor shall provide the name, location, and telephone number, whereby calls, including emergency calls, are to be placed.

Name _______________________________________________

Location _____________________________________________

Telephone number _____________________________________

8. DELIVERIES AND INVOICING

1. Deliveries shall occur up to two times per week to the kitchen. The contractor will transport the bread from the logistics dock to the main kitchen and will have the bread checked in by the COR or his/her designee between the hours of 07:00 am and 11:00am local time Mondays and Thursday, excluding Federal Holidays, as requested by the COR or his/her designee. When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday by US Government agencies. In this case, and if the federal holiday falls on a Thursday, delivery shall be made the next business day after the observed holiday. Requests for deliveries on a different day and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing.

(a) Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:

New Year’s Day January 1

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth Day June 19

Independence Day July 4

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Day December 25

2. Deliveries and invoicing for the Nutrition & Food Service department must be accomplished separately at the office listed below. Invoices must contain at a minimum: the purchase order and itemized list of the products delivered; unit prices; and total price.

Nutrition & Food Service Louis A. Johnson VA Medical Center 1 Medical Center Drive Clarksburg, WV 26301

3. While performing under this contract, all vehicles used by the contractor shall 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 center.

4. While performing under this contract, all vehicles used by the contractor shall have temperature tracking systems in place on the refrigerated trucks to ensure they are being maintained in accordance with Federal Safety & Sanitation Guidelines.

5. Packing List. There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: contractors name and address; VA Purchase Order Number (if one is provided); the VA Facility and Service placing the order; the items shipped; and quantity.

6. Disasters and Emergencies. The contractor must be able to ensure delivery to the LAJ VAMC at all times, inclusive of disaster and/or any other emergency condition. The LAJ VAMC may place a special order in preparation for, or in response to, a disaster or emergency situation. 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 LAJ VAMC that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal weekly order. The contractor shall provide the Contracting Officer and the Contracting Officer’s Representatives with its designated point of contact and contact information for emergency orders.

7. Return Policy. Offerors shall clearly indicate their return policy with their bid. Defective product or incorrect product shipped by contractor error shall be replaced at no cost to the Government and on the day of receipt of the original product. Product shipped by Government error may be returned subject to the contractor’s normal return policy. Offerors shall provide the name and telephone number for reporting delivery/product problems for each VA location.

9. PAYMENTS AND ACCREDITATION

Payments under this contract shall be made by Electronic Fund Transfer (EFT) by the VA or VCS Finance Center. See clause 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor Registration for further information. Contractor may elect to accept the Government Purchase Card as a method of payment for all orders under $3,000.00 if the contractor is set-up to accept credit cards.

The C&A requirements do not apply. A Security Accreditation Package is not required.

10. EVALUATION CRITERIA

The Government will award to the responsible offeror whose offer, conforming to the solicitation, that are considered to be most advantageous to the Government, with past performance and price considered, prices being rated higher than past performance.

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.

11. CONTRACTING OFFICER (CO):

The Contracting Officer (CO) named below is responsible for the overall administration of the contract.

Kami Hom

NCO 5

Kami.Hom@va.gov

The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer’s Technical representative, has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, and term of contract.

In no event shall any understanding or agreement, contract modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

NOTE:

Award of contract. The Government will award a contract resulting from this solicitation to the responsible offeror with acceptable past performance whose offer has the lowest evaluated price of proposals meeting or exceeding the specifications/Statement of Work of this solicitation.

As this is a Commercial Item Request for Quotation (RFQ) and if the above Schedule of Supplies/Servicer may not be in line with your commercial practice, you may provide an alternative proposal. If you are providing an alternative proposal, the Standard Form (SF) 1149 [pages one and two of the solicitation] and Clause 52.212-3, Offeror Representations and Certification – Commercial Items (APR 2011) must be completed as well as documentation for the alternative proposal.

Any questions concerning this solicitation should be submitted to the Contracting Officer:

Kami Hom

NCO 5

Kami.Hom@va.gov

The contract type is firm-fixed price, FOB Destination. The Government will award to the responsible offeror whose offer, conforming to the solicitation, that are considered to be the most advantageous to the Government, with past performance and price considered, prices being rated higher than past performance. All future information about this acquisition, including solicitation amendments, will also be distributed though this site. Interested vendors are responsible for monitoring this site to insure they have the most up-to-date information about this solicitation. The date for receipt of quotes is September 1, 2021 EST. Payment will be made using Electronic Funds Transfer (EFT) or Purchase Card. Each offeror is required per 52.212-3 to complete their representations and certifications via the On-line Representations and Certifications Applications (ORCA) at http://orca.bpn.gov. Offerors must be registered and current in the Central Contractor Registration (CCR) at http://www.bpn.gov/ccr per 52.232-33. The point of contact for all information regarding this solicitation is:

Kami Hom

NCO 5

Kami.Hom@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year 10/1/2021 – 9/30/2022

CLIN 0001 TEXAS TOAST IN LOAVES

LOCAL STOCK NUMBER: 1091

CLIN 0002 WHITE BREAD IN LOAVES

LOCAL STOCK NUMBER: 1187

CLIN 0003 ITALIAN BREAD IN LOAVES

LOCAL STOCK NUMBER: 1087

CLIN 0004 PLAIN BAGELS 6 PACK

LOCAL STOCK NUMBER: 188

CLIN 0005 SPLIT TOP HOTDOG BUNS 6 PACK

LOCAL STOCK NUMBER: 1600

CLIN 0006 HAMBURGER BUNS 12 PACK

LOCAL STOCK NUMBER: 1524

CLIN 0007 WHITE BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 100 PER TRAY

LOCAL STOCK NUMBER: 1025

CLIN 0008 WHEAT BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 25 COUNT BOX

LOCAL STOCK NUMBER: 1029

CLIN 0009 SOFT WHITE DINNER ROLLS INDIVIDUALLY WRAPPED AND DATED BOX OF 12

LOCAL STOCK NUMBER: 1830

PLAIN KAISER ROLLS/BUNS 12 TO A BAG

LOCAL STOCK NUMBER: 1898

Option Year One 10/1/2022 – 9/30/2023

CLIN 0001 TEXAS TOAST IN LOAVES

CLIN 0002 WHITE BREAD IN LOAVES

CLIN 0003 ITALIAN BREAD IN LOAVES

CLIN 0004 PLAIN BAGELS 6 PACK

CLIN 0005 SPLIT TOP HOTDOG BUNS 6 PACK

CLIN 0006 HAMBURGER BUNS 12 PACK

CLIN 0007 WHITE BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 100 PER TRAY

CLIN 0008 WHEAT BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 25 COUNT BOX

CLIN 0009 SOFT WHITE DINNER ROLLS INDIVIDUALLY WRAPPED AND DATED BOX OF 12

PLAIN KAISER ROLLS/BUNS 12 TO A BAG

Option Year Two 10/1/2023 – 9/30/2024

CLIN 0001 TEXAS TOAST IN LOAVES

CLIN 0002 WHITE BREAD IN LOAVES

CLIN 0003 ITALIAN BREAD IN LOAVES

CLIN 0004 PLAIN BAGELS 6 PACK

CLIN 0005 SPLIT TOP HOTDOG BUNS 6 PACK

CLIN 0006 HAMBURGER BUNS 12 PACK

CLIN 0007 WHITE BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 100 PER TRAY

CLIN 0008 WHEAT BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 25 COUNT BOX

CLIN 0009 SOFT WHITE DINNER ROLLS INDIVIDUALLY WRAPPED AND DATED BOX OF 12

PLAIN KAISER ROLLS/BUNS 12 TO A BAG

Option Year Three 10/1/2024 – 9/30/2025

CLIN 0001 TEXAS TOAST IN LOAVES

CLIN 0002 WHITE BREAD IN LOAVES

CLIN 0003 ITALIAN BREAD IN LOAVES

CLIN 0004 PLAIN BAGELS 6 PACK

CLIN 0005 SPLIT TOP HOTDOG BUNS 6 PACK

CLIN 0006 HAMBURGER BUNS 12 PACK

CLIN 0007 WHITE BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 100 PER TRAY

CLIN 0008 WHEAT BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 25 COUNT BOX

CLIN 0009 SOFT WHITE DINNER ROLLS INDIVIDUALLY WRAPPED AND DATED BOX OF 12

PLAIN KAISER ROLLS/BUNS 12 TO A BAG

Option Year Four 10/1/2025 – 9/30/2026

CLIN 0001 TEXAS TOAST IN LOAVES

CLIN 0002 WHITE BREAD IN LOAVES

CLIN 0003 ITALIAN BREAD IN LOAVES

CLIN 0004 PLAIN BAGELS 6 PACK

CLIN 0005 SPLIT TOP HOTDOG BUNS 6 PACK

CLIN 0006 HAMBURGER BUNS 12 PACK

CLIN 0007 WHITE BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 100 PER TRAY

CLIN 0008 WHEAT BREAD INDIVIDUALLY WRAPPED AND DATED SLICES 25 COUNT BOX

CLIN 0009 SOFT WHITE DINNER ROLLS INDIVIDUALLY WRAPPED AND DATED BOX OF 12

PLAIN KAISER ROLLS/BUNS 12 TO A BAG

B.4 DELIVERY SCHEDULE

Page 1 of Page 1 of 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 Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled…