36C24620Q1050.docx

36C24620Q1050 Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Milk & Dairy Products 23667 36C24620Q1050 09-22-2020 12pm

EASTERN TIME, NEW YORK, USA

N 311511 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Contract Specialist Ronnie Gregory Ronnie.Gregory@va.gov 757-315-3932 Multiple Sites

23667

USA

Ronnie.Gregory@va.gov Ronnie.Gregory@va.gov

RFQ: 36C246-20-Q-1050

MILK & DAIRY PRODUCTS

Request for Quote for Dairy Products and Fruit Flavored Drink for delivery to the Hampton and Salem VA Medical Centers Nutrition and Food Service.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

This is a Request for Quote (RFQ). The government anticipates awarding a firm-fixed price contract resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95.

The North American Industrial Classification System (NAICS) code for this procurement is 311511 with a small business size standard of 1000 employees. This solicitation is an Unrestricted for Large and Small Businesses.

Department of Veterans Affairs, Network Contracting Office 6, is soliciting offers from Large and Small Businesses to provide Milk & Dairy Products to the Multiple VISN 6 VA Medical Centers. Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information along with any other documents necessary to support the requirements below.

The deadline for quotes is 12 Noon EST, September 22, 2020. They shall be submitted to Ronnie.Gregory@va.gov.

DESCRIPTION/SPECIFICATION/WORK STATEMENT

This is an estimated yearly quantity order for delivery of fresh Milk and Dairy Products to the VA Medical Centers’ Nutrition and Food Services, at Hampton, Richmond, and Salem, Virginia (VAMC). Delivery addresses may be found in Section D of this solicitation. Deliveries are estimated at four to five times weekly to each VAMC. Period of performance for the base year is 10/01/2020 through 09/30/2021; two (2) renewal option years are anticipated, however, not guaranteed.

Method of payment will be a Certified Invoice billed monthly, submitted electronically in arrears.

Nutrition and Food Services’ staff at each VAMC will phone in delivery orders to Contractor. Contractor shall indicate cut-off time for calling in normal deliveries; ‘normal’ to be determined by the Contractor and the Contracting Officer’s Representative (COR). Deliveries will be made on Monday through Friday of each week, depending upon the individual order placed. NOTE: All prices submitted shall be inclusive of delivery charges. Delivery charges shall not be separately priced.

A. SALIENT CHARACTERISTICS FOR MILK/DAIRY PRODUCTS

1. All fluid Milk and Dairy products shall comply with State and local laws, regulations or requirements, and have sufficient remaining shelf life commensurate with the Commercial Item Descriptions (CID). Salient Characteristics, Regulatory Requirements, Quality Assurance Provisions, and Packaging, shall be as specified in Commercial Item Descriptions A-A-20338, available upon request to Contracting Officer or at:

http://www.ams.usda.gov/fv/fvqual.htm (type “CID A-A-20338” into the search box).

Delivery Orders will be placed by personnel from Nutrition & Food Services, all of whom will be designated at time of award.

B. PACKAGING, PACKING, AND LABELING

1. 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 thereunder.

2. All items shall be identified with readable dates (open code dates), or coded dates. Contractors who do not use open dating will provide a product code number key listing to the facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to the destination receiving officer and destination inspection agency with the first delivery. Failure to comply with this requirement will render a contract in default and grounds for termination.

3. 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., and 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).

C. SANITATION AND WORKMANSHIP

Items shall be prepared, processed and packed under sanitary conditions and in accordance with good commercial practice. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt or other contamination.

1. Compliance with Federal Laws and Regulations: All deliveries shall conform in every respect to the provisions of the Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

2. All items furnished under this contract shall be prepared, processed and packed under sanitary conditions in accordance with good commercial practice and approved standards established by the Food and Drug Administration. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Chilled and frozen items shall be maintained at temperatures necessary for the preservation of the product.

D. INSPECTION OF PLANTS

An inspection may be made of the premises and employees of the offeror, prior to award of contract, 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 products covered by this contractor will be procured in the open market. Additional cost incurred by this action will be charged against the contractor’s account. The VA Contracting Officer or his/her designee reserves the right to inspect the Contractors premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises in order to verify compliance 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 may be performed by the Government prior to the contract award. If the plant of the apparent lowest price offeror does not meet specification or is not acceptable, the offer will be rejected.

Contractor must provide a copy of last inspection report with offer package and provide updates as inspections occur during period of performance.

E. REPORTS

Contractor shall provide a report summarizing the total amount by line item delivered, the unit cost of each line item, and the total dollars delivered each quarter, specific to each Medical Center. The report shall be provided to the Contracting Officer and his/her Representative (COR). In the event that the Contractor utilizes the services of a sub-contractor(s) for deliveries, the Prime Contractor will be responsible for gathering the required information for submission to the Contracting Officer at each respective VA Medical Center.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information is at www.sam.gov.

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s).

Evaluation of Quotes:

The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. The Government will evaluate price, technical capabilities, and past performance.

Following receipt of quotes, the Government will perform an evaluation using a comparative analysis of the services quoted. The Government will compare quotes to one another to select the service that best benefits the Government by fulfilling the requirement. The evaluation of Government requirements outlined in this request for quote will determine suitability.

Contractors may submit more than one quote; however, contractors are strongly encouraged to submit their best technical solutions and prices in response to this request for quote.

Once the Government determines there is/are a contractor(s) that can provide a service that meet(s) the requirements of this request for quote, the Government reserves the right to communicate with only those contractors quoting the best-suited service to address any remaining issues. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement.

The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

END OF SOW

The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) clauses and provisions are applicable to this acquisition and are available for view at: http://farsite.hill.af.mil/. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov FAR and VAAR Clauses / Solicitation Provisions:

Addendum to 52.212-1

· 52.212-3 Offeror Representations and Certifications – Commercial Items

· 52.212-4 Contract Terms and Conditions – Commercial Items Addendum to 52.212-4

· 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

· 852.237-78 Performance and Delivery

Performance and Delivery (OCT 2019)

(a) The Contractor shall furnish the material ordered and perform the services specified as promptly as possible, but not later than 36 hours after receiving notification to remove the remains, excluding the time necessary for the Government to inspect and check results of preparation.

(b) The Government may, at no additional charge, require the Contractor to hold the remains for an additional period not to exceed 72 hours from the time the remains are casketed, and final inspection is completed.

(End of Clause)

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

36C24620Q1050 09-16-2020 Ronnie Gregory 757-315-3932 09-22-2020 12 Noon Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 311511 1000 Employees N/A X Department of Veterans Affairs Network Contracting Office 6 Multiple Delivery Sites

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Solicitation for Dairy Products and Fruit Flavored Fruit Drink for VA Medical Centers at Hampton and Salem, Virginia See Schedule for item requirements.

See Statement of Work for service requirements.

See Delivery Section for Delivery addresses.

See CONTINUATION Page X 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:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C246 RONNIE GREGORY

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

DESCRIPTION/SPECIFICATION/WORK STATEMENT

This is an estimated yearly quantity order for delivery of fresh Milk and Dairy Products to the VA Medical Centers’ Nutrition and Food Services, at Hampton, Richmond, and Salem, Virginia (VAMC). Delivery addresses may be found in Section D of this solicitation. Deliveries are estimated at four to five times weekly to each VAMC. Period of performance for the one (1) year is 10/01/2020 through 09/30/2021;

Method of payment will be a Certified Invoice billed monthly, submitted electronically in arrears.

Nutrition and Food Services’ staff at each VAMC will phone in delivery orders to Contractor. Contractor shall indicate cut-off time for calling in normal deliveries; ‘normal’ to be determined by the Contractor and the Contracting Officer’s Representative (COR). Deliveries will be made on Monday through Friday of each week, depending upon the individual order placed. NOTE: All prices submitted shall be inclusive of delivery charges. Delivery charges shall not be separately priced.

A. SALIENT CHARACTERISTICS FOR MILK/DAIRY PRODUCTS

1. All fluid Milk and Dairy products shall comply with State and local laws, regulations or requirements, and have sufficient remaining shelf life commensurate with the Commercial Item Descriptions (CID). Salient Characteristics, Regulatory Requirements, Quality Assurance Provisions, and Packaging, shall be as specified in Commercial Item Descriptions A-A-20338, available upon request to Contracting Officer or at:

http://www.ams.usda.gov/fv/fvqual.htm (type “CID A-A-20338” into the search box).

Delivery Orders will be placed by personnel from Nutrition & Food Services, all of whom will be designated at time of award.

B. PACKAGING, PACKING, AND LABELING

4. 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 thereunder.

5. All items shall be identified with readable dates (open code dates), or coded dates. Contractors who do not use open dating will provide a product code number key listing to the facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to the destination receiving officer and destination inspection agency with the first delivery. Failure to comply with this requirement will render a contract in default and grounds for termination.

6. 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., and 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).

C. SANITATION AND WORKMANSHIP

Items shall be prepared, processed and packed under sanitary conditions and in accordance with good commercial practice. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt or other contamination.

1. Compliance with Federal Laws and Regulations: All deliveries shall conform in every respect to the provisions of the Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

2. All items furnished under this contract shall be prepared, processed and packed under sanitary conditions in accordance with good commercial practice and approved standards established by the Food and Drug Administration. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Chilled and frozen items shall be maintained at temperatures necessary for the preservation of the product.

D. INSPECTION OF PLANTS

An inspection may be made of the premises and employees of the offeror, prior to award of contract, 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 products covered by this contractor will be procured in the open market. Additional cost incurred by this action will be charged against the contractor’s account. The VA Contracting Officer or his/her designee reserves the right to inspect the Contractors premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises in order to verify compliance 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 may be performed by the Government prior to the contract award. If the plant of the apparent lowest price offeror does not meet specification or is not acceptable, the offer will be rejected.

Contractor must provide a copy of last inspection report with offer package and provide updates as inspections occur during period of performance.

E. REPORTS

Contractor shall provide a report summarizing the total amount by line item delivered, the unit cost of each line item, and the total dollars delivered each quarter, specific to each Medical Center. The report shall be provided to the Contracting Officer and his/her Representative (COR). In the event that the Contractor utilizes the services of a sub-contractor(s) for deliveries, the Prime Contractor will be responsible for gathering the required information for submission to the Contracting Officer at each respective VA Medical Center.

B.2 DELIVERY SCHEDULE

DELIVERY ADDRESSES:

VAMC Hampton (590) Attn: Nutrition and Food Service 100 Emancipation Drive Hampton, VA 23667

VAMC Richmond (652) Attn: Nutrition and Food Service 1201 Broad Rock Blvd.

Richmond, VA 23249

VAMC Salem (658) Attn: Nutrition and Food Service 1970 Roanoke Boulevard Salem, VA 24153

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

POP Begin: 10-01-2020 POP End: 09-30-2021

Cottage Cheese, Type II, Low Fat 1%, Small Curd, 5 Lb Container

POP Begin: 10-01-2020 POP End: 09-30-2021

Milk, Low Fat 2%, 1/2 pint containers

POP Begin: 10-01-2020 POP End: 09-30-2021

Milk, Skim 0.5%, 1/2 pint containers

POP Begin: 10-01-2020 POP End: 09-30-2021

Buttermilk, Type H, Cultures, 1/2 pint containers

POP Begin: 10-01-2020 POP End: 09-30-2021

Milk, Whole 1/2 pint containers

POP Begin: 10-01-2020 POP End: 09-30-2021

Milk, Chocolate Flavor 1%, 1/2 pint container

POP Begin: 10-01-2020 POP End: 09-30-2021

Fruit Flavored Drink, Orange, Gallon Container, Less Than 5% Juice Content

POP Begin: 10-01-2020 POP End: 09-30-2021

Ice Cream, Vanilla, 4 oz serving containers, 24 per package

POP Begin: 10-01-2020 POP End: 09-30-2021

Ice Cream, Chocolate, 4 oz serving container, 24 Per Package

POP Begin: 10-01-2020 POP End: 09-30-2021

Ice Cream, Strawberry Lt., 4 oz serving container, 24 per package

POP Begin: 10-01-2020 POP End: 09-30-2021

Sherbet, Lime, 4 oz serving containers, 24 per package

POP Begin: 10-01-2020 POP End: 09-30-2021

Sherbet, Orange, 4 oz serving container

POP Begin: 10-01-2020 POP End: 09-30-2021

100% Lactose-Free Milk (Dairy Ease) 0% Fat, 1/2 Pt container

POP Begin: 10-01-2020 POP End: 09-30-2021

Milk, Low Fat 1%, 1/2 Pt container

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, WHOLE, gallon containers, food group 2

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, SKIM, 0.5%, gallon containers

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, LOW FAT 2%, 1/2 pint containers, fortified with vitamins A and D, food group 2

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, SKIM 0.5%, 1/2 pint containers, fortified with vitamins A and D, food group 2

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, WHOLE, 1/2 pint containers, fortified with vitamin D, food group 2

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, CHOCOLATE FLAVORED 1%, 1/2 pint containers, fortified with vitamins A and D

POP Begin: 10-01-2020 POP End: 09-30-2021

CHEESE, COTTAGE, Type II, lowfat 1%, small curd, 5 lb container

POP Begin: 10-01-2020 POP End: 09-30-2021

100% LACTOSE-FREE MILK (DAIRY EASE), 0% milk fat, 1/2 pint containers, fortified with vitamins A and D, ultra-pasterized

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, REDUCED FAT 1%, PASTEURIZED, ½ PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, SKIM 0.5%, PASTEURIZED, ½ PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, WHOLE, PASTEURIZED,½ PINT

CONTAINERS, FORTIFIED WITH VITAMINS

A&D, CHILLED, PAPER CARTON

POP Begin: 10-01-2020 POP End: 09-30-2021

MILK, CHOCOLATE FLAVORED 1%,

PASTEURIZED,½ PINT CONTAINERS,

FORTIFIED WITH VITAMINS A&D, CHILLED,

PAPER CARTON

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 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2020 through the end of the effective period plus 6 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 1000;

(2) Any order for a combination of items in excess of 25,000; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/30/2021.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause) C.6 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.

[]…