36C24920R0001-001.docx

36C24920R0001

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

36C24920R0001 SASCHA HERTSLET-sascha.hertslet@va.gov 615-225-6664 09-03-2019 3:00pm (EST) 90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X 311812 1000 Employees N/A X Department of Veterans Affairs (OFFEROR's SELECTION CHOICE)

90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 This Unrestricted Solicitation is conducted IAW FAR 12.203 to meet the fresh bread products for TN-wide VA Medical Centers on an annual basis with four option years.

Review entire document for details.

Failure to respond appropriately to this solicitation may deem offeror to be non-responsive and removed from award consideration or competitive range.

X 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:

b. GOVERNMENT: Contracting Officer 36C249 Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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.

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

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

Page 1 of Page 1 of

STATEMENT OF WORK

Provide Bread and Bakery Products listed in the Schedule for the period of _10/01/2019__ through __9/30/2020__, with four (4) 12-month option years for the following Department of Veterans Affairs, Medical Centers:

· VA Medical Center, Memphis, Tennessee________

· VA Medical Center, Tennessee Valley Healthcare – Nashville Campus_________

· VA Medical Center, Tennessee Valley Healthcare – Murfreesboro Campus (Alvin C. York)__________

· VA Medical Center, Mountain Home (James H. Quillen), Tennessee _______ Each medical center’s Nutrition and Food Service (Hospital) requires bread and bakery products.

Multiple Awards may be made under this contract.

· INITIAL PROPOSAL - Tennessee-Wide If no award is made under the INITIALPROPOSAL, then award may be made on an individual basis to the remaining PROPOSAL Groups.

· PROPOSAL GROUP 1: Memphis, Tennessee

· PROPOSAL GROUP 2: Mountain Home, Tennessee_

· PROPOSAL GROUP 3: TVH – Both Campuses OPTION TO EXTEND: This contract may be extended up to four (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.

1. SCHEDULE / PRODUCT SPECIFICATIONS:

a. All products offered within a PROPOSAL Group will be available to be ordered for delivery at any location within that PROPOSAL Group.

b. Bread shall not be more than 24 hours old upon arrival at receiving point. Bread shall be packaged in accordance with the commercial practice. Bread shall not have been frozen prior to arrival. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the medical center.

c. Ingredients for fresh or frozen 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 or frozen bread shall include mold inhibitors of proper levels as allowed by the Federal Food, Drug, and Cosmetic Act.

d. 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 137.165) and shall be milled from a variety of hard and/or soft wheat.

e. Appearance and color. The fresh or frozen bread shall have a uniformly brown crust characteristic of the product. The fresh or frozen 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 or frozen bread shall not be crushed or damaged.

f. All items may be purchased by each item. It is not required to purchase by the flat.

g. The Government does not guarantee the estimated yearly quantity.

h. Desired time and frequency that orders are to be delivered by location:

PROPOSAL, INITIAL , Tennessee Wide

BASE YEAR—10/01/2019 – 09/30/2020

The following table represents an estimated annual usage (EST QTY) for all hospitals combined.

NOTE: To calculate the Total Amount for each line item, multiply EST QTY HOSPITAL by the UNIT PRICE (price per package).

PRICE/ COST SCHEDULE:

ITEM DESCRIPTION

0001. Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Min. 16-24oz Loaf

Specify size offered ___________

Price per pkg

0002. Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Texas Toast, Min. 24oz Loaf

Specify size offered ___________

Price per pkg

0003. Bread, 100% Whole Wheat, Pan Baked, Sandwich, Fresh, Type II, 16-24oz Loaf

Specify size offered ___________

Price per pkg

0004. Bread, Part Whole Wheat, Pan Baked, Round Top, Fresh, Type III, 16-24oz Loaf

Specify size offered ___________

Price per pkg

0005. Bread, Light Rueben Rye, Pan Baked, Sandwich, Fresh, Type V, 16-32oz Loaf

Specify size offered ___________

Price per pkg

0006. Buns, Hamburger, White, Enriched, Pan-baked, Fresh, 4-in, Sliced, Plain/seedless, qty: 12 per package, wt: 24 oz per package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0007. Buns, Hotdog, Enriched, white, pan-baked, fresh, plain/seedless, qty: 12 per package, wt: 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0008. Rolls, Hoagie, Enriched, White, 6-inch length, Hinged, pan-baked, Sliced, fresh, seedless, Qty: 8 per package.

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0009. Rolls, Dinner, White, Enriched, Soft, Pan Baked, (Dinner), 24 per package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

00010. Rolls, Dinner, White, Enriched, Soft, Pan Baked, (Dinner), Fresh, Type VIII, 12 per package, 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

BASE YEAR TOTAL

PROPOSAL, INITIAL, TN-Wide

OPTION YEAR ONE

OPTION YEAR TWO

OPTION YEAR THREE

OPTION YEAR FOUR

SIX-MONTH EXTENSION

BASE PLUS FOUR OPTION YEARS AND SIX-MONTH EXTENSION:

OFFEROR’S PROPOSED DELIVERY SCHEDULE, IF DIFFERENT THAN PARAGRAPH 1. h.

PROPOSAL GROUP 1, MEMPHIS, TENNESSEE

The following table represents an estimated annual usage (EST QTY) for subject hospital.

NOTE: To calculate the Total Amount for each line item, multiply EST QTY HOSPITAL by the UNIT PRICE (price per package).

PRICE/ COST SCHEDULE:

ITEM DESCRIPTION

0001. Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Min. 16-24oz Loaf

Specify size offered ___________

Price per pkg

0002.Bread, 100% Whole Wheat, Pan Baked, Sandwich, Fresh, Type II, 16-24oz Loaf

Specify size offered ___________

Price per pkg

0003.Bread, Light Rueben Rye, Pan Baked, Sandwich, Fresh, Type V, 16-32oz Loaf

Specify size offered ___________

Price per pkg

0004.Buns, Hamburger, White, Enriched, Pan-baked, Fresh, 4-in, Sliced, Plain/seedless, qty: 12 per package, wt: 24 oz per package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0005.Buns, Hotdog, Enriched, white, pan-baked, fresh, plain/seedless, qty: 12 per package, wt: 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0006.Rolls, Hoagie, Enriched, White, 6-inch length, Hinged, pan-baked, Sliced, fresh, seedless, Qty: 8 per package.

Specify count per pkg__________ Specify net wt per pkg _________

BASE YEAR TOTAL

PROPOSAL GROUP 1, MEMPHIS, TENNESSEE

OPTION YEAR ONE

OPTION YEAR TWO

OPTION YEAR THREE

OPTION YEAR FOUR

SIX-MONTH EXTENSION

BASE PLUS FOUR OPTION YEARS AND SIX-MONTH EXTENSION:

PROPOSAL GROUP 2, MOUNTAIN HOME, TENNESSEE

The following table represents an estimated annual usage (EST QTY) for subject hospital

NOTE: To calculate the Total Amount for each line item, multiply EST QTY HOSPITAL by the UNIT PRICE (price per package).

PRICE/ COST SCHEDULE:

ITEM DESCRIPTION

0001. Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Min. 16-24oz Loaf

Specify size offered ___________

Price per pkg

0002.Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Texas Toast, Min. 24oz Loaf

Specify size offered ___________

Price per pkg

0003.Bread, 100% Whole Wheat, Pan Baked, Sandwich, Fresh, Type II, 16-24oz Loaf

Specify size offered ___________

Price per pkg

0004.Buns, Hamburger, White, Enriched, Pan-baked, Fresh, 4-in, Sliced, Plain/seedless, qty: 12 per package, wt: 24 oz per package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0005.Buns, Hotdog, Enriched, white, pan-baked, fresh, plain/seedless, qty: 12 per package, wt: 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0006.Rolls, Dinner, White, Enriched, Soft, Pan Baked, (Dinner), Fresh, Type VIII, 12 per package, 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

BASE YEAR TOTAL

PROPOSAL GROUP 2, MOUNTAIN HOME, TENNESSEE

OPTION YEAR ONE

OPTION YEAR TWO

OPTION YEAR THREE

OPTION YEAR FOUR

SIX-MONTH EXTENSION

BASE PLUS FOUR OPTION YEARS AND SIX-MONTH EXTENSION:

PROPOSAL GROUP 3, TVH – NASHVILLE & MURFREESBORO, TN

The following table represents an estimated annual usage (EST QTY) for subject hospital

NOTE: To calculate the Total Amount for each line item, multiply EST QTY HOSPITAL by the UNIT PRICE (price per package).

PRICE/ COST SCHEDULE:

ITEM DESCRIPTION

0001. Bread, White, Enriched, Pan Baked, Sandwich, Fresh, Type I, Min. 16-24oz Loaf

Specify size offered ___________

Price per pkg

0002.Bread, 100% Whole Wheat, Pan Baked, Sandwich, Fresh, Type II, 16-24oz Loaf

Specify size offered ___________

Price per pkg

0003.Buns, Hamburger, White, Enriched, Pan-baked, Fresh, 4-in, Sliced, Plain/seedless, qty: 12 per package, wt: 24 oz per package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0004.Buns, Hotdog, Enriched, white, pan-baked, fresh, plain/seedless, qty: 12 per package, wt: 24 oz package

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0005.Rolls, Hoagie, Enriched, White, 6-inch length, Hinged, pan-baked, Sliced, fresh, seedless, Qty: 8 per package.

Specify count per pkg__________ Specify net wt per pkg _________

Price per pkg

0006.Rolls, Dinner, White, Enriched, Soft, Pan Baked, (Dinner), 24 per package

Specify count per pkg__________ Specify net wt per pkg _________

BASE YEAR TOTAL

PROPOSAL GROUP 3, TVH-NASHVILLE & MURFREESBORO

OPTION YEAR ONE

OPTION YEAR TWO

OPTION YEAR THREE

OPTION YEAR FOUR

SIX-MONTH EXTENSION

BASE PLUS FOUR OPTION YEARS AND SIX-MONTH EXTENSION:

2. AUTHORIZATION FOR CHANGES: The contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments, or to issue changes or modifications which will affect the price, quantity and quality or delivery of this contract.

3. 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 items will be made against a common denominator (i.e., weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications, generally cited in the Index of Federal Specifications/Standards (FED) and/or commercial item description (CID) - https://www.ams.usda.gov/sites/default/files/media/CID%20Bread%2C%20Fresh%20or%20Frozen.pdf .

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 specified commodity. List recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity.

4. LABELING AND MARKING:

a. All items must 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 each customer facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

b. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance with best commercial practice that complies with the U.S. Food, Drug and Cosmetic Act and regulations promulgated there under.

5. PRODUCT QUALITY AND FRESHNESS:

a. All bread and bread products furnished under this contract shall be fresh and of the highest quality, conform to the producer's own specifications, standards, and quality assurance practices, and be the same fresh or frozen bread offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

b. 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, rodent or insect infestation, or other contamination.

c. Breads and Buns that contain seeds must be labeled or identified as such.

d. 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 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 COR, in accordance with the Contracting Officer, will accept or reject the product.

6. SPECIAL OFFERS: The Contractor shall agree to make “special offers” available on the same basis as they may be made to their most favorable customers.

7. AUTHORIZED ORDERS: The government shall be bound under this contract only to the extent of authorized orders actually placed against this contract, and shall not be held liable in any way in the event that no orders are placed with the contractor.

8. PROCEDURES FOR ORDERING:

a. VA facilities will require multiple deliveries throughout the week. Minimums are described in paragraph 1.h.

b. Order will NOT be placed more than one week prior to delivery day

c. Orders shall be placed no less than 1-work day prior to the required delivery date.

d. Authorized personnel from the VA Medical Center Nutrition & Food Services, designated by the Chief of Nutrition and Food Services or his designee, may place orders daily, weekly or monthly.

e. Orders will be made via telephone, fax, or other standard commercial electronic means.

f. Daily quantities may be furnished to the drivers.

g. Items will be shipped FOB Destination, i.e. Shipping charges will be borne by the Contractor.

h. If an item has been ordered and is not available at the time of delivery, it will be the vendor’s responsibility to obtain the necessary product that day.

ALL ORDERS, DELIVERIES AND BILLINGS, FOR EACH FACILITY, SHALL BE SEPARATE AND DISTINCT.

9. SUBSTITUTIONS: The Contractor may offer substitute items with prior approval from the COR; otherwise, the delivery orders will be filled exactly as requested.

10. ESTIMATED QUANTITIES: The estimated quantities are estimates only and are not intended to mean that the VA Medical Facilities are obligated to purchase any predetermined amount listed under this contract.

11. DELIVERIES OR PERFORMANCE:

11. Deliveries shall be made as requested by the COR or his/her designee, excluding Saturday, Sunday and federal holidays. Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:

NOTE: Daily deliveries will be at or about the same times each day and within the established hours of operation listed in paragraph 1.h. If a delivery date falls on a federal holiday, the vendor must establish an alternative delivery date and inform the VA Medical Center of the new date. The Contracting Officer’s Representative (COR) shall be notified as early as possible if a delivery schedule cannot be met or if a delivery shall be late

11. All bread shall be delivered to the requested destinations as listed in the schedule.

11. All delivery tickets and invoices referencing the purchase order number must show the total loaves/packages delivered for each line item and the total weight delivered for each line item.

11. 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 centers.

11. 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.

12. INVOICES. An itemized invoice shall identify the contract number and purchase order number covered therein and shall be submitted electronically to the payment office as indicated herein. Invoices may be rejected if all information required by FAR Clause 52.212-4(g) is not included.

13. PAYMENT. Payments under this contract shall be made by Electronic Fund 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 $10,000.00 if the contractor is set-up to accept credit cards.

14. INSPECTION OF PLANTS:

a. All product 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 meet these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period.

b. 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 prior to making award and conditions found will be considered in awarding the contract.

c. Inspection(s) 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 contractor’s account.

THE OFFEROR CERTIFIES THAT: (Check one) ( ) Within the past six (6) months no inspection of the Physical Facilities of this plant has been conducted by any agency of the Federal Government, OR

( ) An inspection of the Physical Facilities of this plant was conducted by the:

AGENCY DATE OF INSPECTION

and this plant was (ACCEPTED / REJECTED) for furnishing its product(s) to the Federal Government.

Certifying Official: ___________________________________________-________________________ Printed Name, Title, Signature and Date

PROVIDE COPY OF LAST INSPECTION REPORT WITH PROPOSAL PACKAGE.

NOTE: If proposed products will be provided from more than one plant location, inspection information must be provided for all locations.

15. 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.

Solicitation # 36C24920R0001

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 10/01/2019 through 03/31/2025.

(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 $100.00, 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 $500.00;

(2) Any order for a combination of items in excess of $5,000.00; or

(3) A series of orders from the same ordering office within 10 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 3 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 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 3/31/2025.

(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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six months.

(End of Clause)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $300,000.00 per occurrences.

(c) Automobile liability: $100,000.00 per person; $300,000.00 per occurrence and $10,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 2020.