36C24925Q0025.docx

36C24925Q0025

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

614-25-1-120-0002 36C24925Q0025 09-09-2024 Delaney Dickey 615-002-8150 09-16-2024

10:00 AM

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro

TN

37129 X 311812 1000 Employees

NET 30

N/A X Department of Veterans Affairs Memphis VA Medical Center 116 N Pauline Street Memphis

TN

38105 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro

TN

37129

90C FSC e-Invoicing 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 See CONTINUATION Page This solicitation is issued as a Request for Quotations in accordance with FAR Part 13. VA Medical Center – Memphis seeks quotes for Bread and Bakery Produce in accordance with the attached Statement of Work.

Comparative Evaluations of quotes will be performed IAW FAR 13.106-2(b), best value using price and other factors.

This RFQ will result in one firm-fixed price Indefinite Delivery/Indefinite Quantity contract.

Questions regarding this solicitation are due to Delaney Dickey via email only at delaney.dickey@va.gov. Questions are due 09/12/2024 at 10:00 AM CST.

This RFQ is due 09/16/2024 at 10:00 AM CST.

See CONTINUATION Page X X Christina Lawrence Contracting Officer 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 Christina Lawrence Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 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-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C24925Q0025

Page 1 of Page 1 of Specifications for Bread and Roll Products Memphis VA Medical Center

1. OVERVIEW: The purpose of this solicitation is to establish a firm fixed price requirements contract for the offeror to furnish fresh bread and rolls for the Memphis VA Medical Center, Memphis, TN 38104, for a Base Year and four additional option years, in strict accordance with specifications, terms and conditions contained herein. The successful offeror shall make delivers to the Food & Nutrition Service, as requested by the Contracting Officer's Technical Representative (COR), in accordance with all terms, conditions, and provisions of this solicitation. The contract shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments to issue changes which will affect the price, quantity, quality, or delivery terms of this contract. The contractor shall provide bread and roll products to the VA Medical Center (hereafter referred to as the VA) located at 116 N Pauline Street, Memphis, TN 38104.

2. SCOPE OF WORK:

A. General: Contractor shall provide the estimated bread and roll requirements as described in the schedule to the Memphis VA Medical Center in accordance with the specifications contained herein, for a one year base period with four additional option years period. The Government anticipates award of a Firm Fixed-Price Estimated Requirements contract for the period October 1, 2024- September 30, 2025 with (4) four option years.

B. Quantities: The Government does not guarantee the estimated yearly quantity. Any proposed alternate item shall meet the requirements of the Government specification as cited in the Index of Federal Specifications/Standards (FED) and or commercial Item Description (CID). The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

C. Period of Performance: The period of performance for the provision of bread and roll products shall be a 1 base year period from October 1, 2024- September 30, 2025 with the option to extend services four additional years at the end of contracting period.

D. Maintaining Par Levels: The contractor shall be responsible for maintaining a par level for each bread and roll product for the Nutrition & Food Services. Par level for the various bread and roll products will be estimated and the delivery driver shall deliver and stock products to meet the designated par level. Historical weekly par levels are as follows:

Item No.

Unit Cost

Extended Cost

A.1

A.2

A.3

A.4

A.5

A.6

A.7

3. SPECIFICATIONS AND STANDARDS:

A. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations, promulgated hereunder.

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

4. ALTERNATE ITEMS, PACKAGING, PACKING:

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

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

5. PRODUCT QUALITY AND FRESHNESS:

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

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

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

D. All products furnished under this contract shall be processed and packed under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt, filth, or contamination. All ingredients shall be clean, sound, wholesome, and free from evidence of rodent or insect infestation. Failure to comply with this provision will be considered grounds for default of contract.

E. Ingredients for fresh 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.

F. Enriched flour. When the bread is enriched, the wheat flour used for the bread shall conform to the U.S. Standards of Identity for Enriched Flour (21 CFR 137.165) and shall be milled from a variety of hard and/or soft wheat.

G. 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.

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

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

J. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. If a product is manufactured to metric dimensions and those dimensions exceed the 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.

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

(End of clause)

6. INSPECTION OF PLANTS:

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

THE BIDDER CERTIFIES THAT: (check one) (__) No agent of the Federal Government has conducted an inspection of the physical facilities of this plant within the last six months.

-OR-

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

__________________________________ on ________________________.

(Agency) (Date of inspection)

PLEASE PROVIDE COPY OF LAST INSPECTION REPORT WITH QUOTATION.

B. INSPECTION OF PLANTS: An inspection may be made of the premises and employees of bidder, prior to making award, and conditions found will be considered in awarding the contract. Inspection may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected and the products covered by this contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractors account.

7. ORDERING

1. The Memphis VA Medical Centers shall place orders no less than 2 work days prior to required delivery date, upon delivery at the receiving located, items orders shall be less than 24 hours of age. Orders shall not be placed more than 5 days prior to required delivery date, with the Government reserving the right to adjust orders 24-hours prior to scheduled delivery. Orders will be placed by the COR or his/her designee. Each order will show ship to and bill to addresses and purchase order number (if required). Orders for product may be placed by phone, fax, mail, email or EDI. If the contractor is not already set up as an EDI Vendor, they must be set-up by contacting the VA Austin Automation Center.

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

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 the effective date of the contract through the end of the effective period.

(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)

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, 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 $3000;

(2) Any order for a combination of items in excess of $5000;

(3) A series of orders from the same ordering office within 1 day 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)

852.216-70 ESTIMATED QUANTITIES (APR 1984)

As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles or services that may be ordered during the contract term, except as he/she otherwise indicates in his/her bid and except as otherwise provided herein. Bids will be considered if made with the proviso that the total quantities delivered shall not exceed a certain specified quantity. Bids offering less than 75 percent of the estimated requirement or which provide that the Government shall guarantee any definite quantity, will not be considered. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract.

(End of Clause) VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008)

(a) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at http://www.fsc.va.gov/einvoice.asp.

(End of Provision)

8. DELIVERIES AND INVOICING

1. Deliveries shall occur up to four times per week between the hours of 8:00 a.m. and 11:00 a.m., local time, Tuesday and Friday, excluding Saturdays, Sundays, and federal holidays, as requested by the COR or his/her designee. Requests for deliveries on different days and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing.

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

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

Nutrition & Food Services Accounting Section (614/120) Memphis VA Medical Center 116 N Pauline Street Memphis, TN 38104

3. While performing under this contract, all vehicles used by the contractor shall be locked and the keys removed when not in use. This is intended to protect the contractor’s property as well as the safety of patients and staff at the medical centers.

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

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

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

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

852.246-71 INSPECTION, ALTERNATE I (JAN 2008)

The contractor shall remove rejected supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for nor pay for products rejected. The contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

9. PAYMENTS

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

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

10. EVALUATION CRITERIA

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factors shall be used to evaluate offers:

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

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

2. 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. Evaluation of options shall not obligate the Government to exercise the options.

3. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

White Bread 26 Sliced Fresh Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

Whole Wheat Bread 26 Slice Fresh

POP Begin: 10-01-2024 POP End: 09-30-2025

Hamburger Buns4" sliced fresh

POP Begin: 10-01-2024 POP End: 09-30-2025

Hoagie Roll 6" Sliced Fresh

POP Begin: 10-01-2024 POP End: 09-30-2025

English Muffin

POP Begin: 10-01-2024 POP End: 09-30-2025

Bagel

POP Begin: 10-01-2024 POP End: 09-30-2025

White Texas Toast Sliced Fresh

POP Begin: 10-01-2024 POP End: 09-30-2025

White Bread 26 Sliced Fresh Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

Whole Wheat Bread 26 Slice Fresh

POP Begin: 10-01-2025 POP End: 09-30-2026

Hamburger Buns4" sliced fresh

POP Begin: 10-01-2025 POP End: 09-30-2026

Hoagie Roll 6" Sliced Fresh

POP Begin: 10-01-2025 POP End: 09-30-2026

English Muffin

POP Begin: 10-01-2025 POP End: 09-30-2026

Bagel

POP Begin: 10-01-2025 POP End: 09-30-2026

White Texas Toast Sliced Fresh

POP Begin: 10-01-2025 POP End: 09-30-2026

White Bread 26 Sliced Fresh Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Whole Wheat Bread 26 Slice Fresh

POP Begin: 10-01-2026 POP End: 09-30-2027

Hamburger Buns4" sliced fresh

POP Begin: 10-01-2026 POP End: 09-30-2027

Hoagie Roll 6" Sliced Fresh

POP Begin: 10-01-2026 POP End: 09-30-2027

English Muffin

POP Begin: 10-01-2026 POP End: 09-30-2027

Bagel

POP Begin: 10-01-2026 POP End: 09-30-2027

White Texas Toast Sliced Fresh

POP Begin: 10-01-2026 POP End: 09-30-2027

White Bread 26 Sliced Fresh Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

Whole Wheat Bread 26 Slice Fresh

POP Begin: 10-01-2027 POP End: 09-30-2028

Hamburger Buns4" sliced fresh

POP Begin: 10-01-2027 POP End: 09-30-2028

Hoagie Roll 6" Sliced Fresh

POP Begin: 10-01-2027 POP End: 09-30-2028

English Muffin

POP Begin: 10-01-2027 POP End: 09-30-2028

Bagel

POP Begin: 10-01-2027 POP End: 09-30-2028

White Texas Toast Sliced Fresh

POP Begin: 10-01-2027 POP End: 09-30-2028

White Bread 26 Sliced Fresh Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

Whole Wheat Bread 26 Slice Fresh

POP Begin: 10-01-2028 POP End: 09-30-2029

Hamburger Buns4" sliced fresh

POP Begin: 10-01-2028 POP End: 09-30-2029

Hoagie Roll 6" Sliced Fresh

POP Begin: 10-01-2028 POP End: 09-30-2029

English Muffin

POP Begin: 10-01-2028 POP End: 09-30-2029

Bagel

POP Begin: 10-01-2028 POP End: 09-30-2029

White Texas Toast Sliced Fresh

POP Begin: 10-01-2028 POP End: 09-30-2029

B.3 DELIVERY SCHEDULE

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

(901) 577-7337 tiffany.truehill@va.gov

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

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Memphis VA Medical Center 116 N Pauline St Memphis, TN 38105

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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.