36C25224Q0248.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office 12 115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

POINT OF CONTACT*

Contracting Officer Stacy Massey Stacy.Massey@va.gov

PLACE OF PERFORMANCE

Multiple Delivery Locations

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 (effective 12/04/2023).

This solicitation is set-aside for Small Businesses

The associated North American Industrial Classification System (NAICS) code for this procurement is 311511, Fluid Milk Manufacturing. SBA small business size standard of 1,150 employees. The FSC/PSC is 8910, Dairy Foods And Eggs.

Requirement The Department of Veterans Affairs, Network Contracting Office 12 (NCO 12), Veterans Integrated Services Network 12 (VISN 12) has a requirement for one or more contractors capable of supplying the Great Lakes Healthcare System with fresh milk and dairy products. The potential contractor/s must be able to supply all the items listed on the Schedule of Supplies for one or more facilities. The offeror must demonstrate their capability in terms of function to be performed, performance requirement and essential physical characteristics specified in the Statement of Work.

NCO 12 anticipates awarding a multiple award Indefinite Delivery Contract (IDC) with a 12-month base period and four 12-month options periods. IDC will be a fixed-priced contract with economic price adjustment. IDC will allow biannual economic price adjustments.

NCO 12 is proposing the use of the Consumer Price Index (CPI) for All Urban Consumers published monthly by the U.S. Bureau of Labor Statistics to calculate economic price adjustments to the total contract price or unit prices of the contract. The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments—department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments.

The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force.

CPI-U can be further defined by U.S. regions and some metropolitan areas. NCO 12 proposes using the Consumer Price Index, for the Midwest Region and the Consumer Price Index, for Chicago-Naperville-Elgin areas to establish the base index. Biannual economic price adjustments would be calculated using the adjustment calculation provided in Veterans Affairs Acquisition Regulations (VAAR) clause 852.216-71 Economic Price Adjustment of Contract Price(s) Based on a Price Index. Adjusting index will use current month Consumer Price Index for All Urban Consumers (CPI-U): U. S. city average, by detailed expenditure category.

In accordance with the VAAR clause 852.216-71(b) the Base Index will be the most recent Index published prior to the date best and final offers are due. The Base Index will remain constant for the entire term of the IDC, including all option periods. The Adjusting Index will be the most recent Index published prior to the annual date of contract adjustment on April 1st and the biannual date of contract adjustment on October 1st.

Base index using:

Consumer Price Index, Midwest Region – December 2023 https://www.bls.gov/regions/mountain-plains/news-release/ConsumerPriceIndex_Midwest.htm Consumer Price Index, Chicago-Naperville-Elgin area – December 2023 https://www.bls.gov/regions/midwest/news-release/ConsumerPriceIndex_Chicago.htm

Adjusting index for the current period Table 1. Consumer Price Index for All Urban Consumers (CPI-U): U. S. city average, by expenditure category https://www.bls.gov/news.release/cpi.t01.htm Table 2. Consumer Price Index for All Urban Consumers (CPI-U): U. S. city average, by detailed expenditure category https://www.bls.gov/news.release/cpi.t02.htm

Statement of Work

1. Contract Title: Fresh Milk and Dairy Products

2. The contractor will provide fresh milk and dairy products in accordance with the Statement of Work. The quantities listed are good faith estimates based on historical demand.

3. Product Freshness –

3.1. Copies of key-codes will be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

3.2. The expiration date stamped on each container of fluid milk must be a minimum of ten (10) days postdate of delivery.

3.3. The expiration date of non-fluid milk/dairy products must be a minimum of fourteen (14) days postdate of delivery.

4. Preservation, Packaging and Packing –

4.1. USDA standards and guidelines must be met throughout the entire production, packaging, labeling and delivery process.

4.2. 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.

4.3. Shipping containers will comply with the national motor freight classification and uniform freight classification in effect at the time of shipment.

4.4. Labeling will be in accordance with commercial labeling, complying with Federal Food, Drug and Cosmetic Act and regulation promulgated thereunder.

5. Orders –

5.1. Authorized personnel from Nutrition and Food Service (N&FS) will place delivery orders.

5.2. Orders will be placed by phone and/or contractor online ordering system.

5.3. Orders will be based on facility needs. Quantities will increase or decrease in conjunction with demand.

5.4. Orders will include product description, unit of measure and quantity required.

6. Substitutions – Substitutions will be allowed on the condition the substituted item(s) is similar in appearance, composition, and package size. Substituted items will be billed at no higher cost than the contracted item(s) for which they are substituted.

7. Recall Notices – The contractor shall notify N&FS immediately upon receiving Recall Notices from the Food and Drug Administration Enforcement Report publication.

8. Disasters/Emergencies – The contractor delivery plan must be inclusive of emergency deliveries and disaster conditions. Facilities may place a special order in preparation for or in response to a disaster or emergency situation. For anticipatory situations, orders will be placed 24 hours or more in advance. In an emergency, the contractor will be notified with the quantities and type of products required by the facility and will be delivered within 24 hours of order placement. Emergency and or disaster orders may be placed for larger quantities than the normal weekly order. The contractor will provide a designated point of contact and contact information for emergency orders.

Phone number:

9. Delivery Details – The Government is responsible for including delivery details for 9.1 – 9.4 prior to award of contract and annually thereafter. Changes to delivery details 9.1 – 9.4 must be coordinated through the Contracting Officer (CO). Changes will not be effective until a modification to the awarded contract is awarded by the CO and the contractor.

9.1. Point of Contact:

9.2. Delivery Location:

9.3. Delivery Hours:

9.4. Delivery Frequency:

9.5. Delivery expectations:

9.5.1. Daily deliveries will be at or about the same time each day and within the established delivery hours. If a delivery date falls on a federal holiday, the contractor must establish an alternative delivery date and inform the facility of the proposed date(s).

9.5.2. Deliveries must be delivered in a refrigerated truck and delivered below 41 degrees Fahrenheit. The facility has the right to refuse delivery if products are above 41 degrees Fahrenheit.

9.5.3. Deliveries must include a detailed delivery slip. Delivery Driver must obtain a signature from an authorized Clerk or Material Handler upon inspection of delivered products (Food Service Worker Supervisor can sign delivery slips only on Saturdays, Sundays, and Holidays in the absence of an authorized clerk or material handler). NOTE: Failure to obtain a signature upon delivery could result in non-payment. Delivery Driver cannot self-sign delivery slips; this can also result in non-payment.

9.5.3.1 If upon Government inspection delivered products are leaking, spoiled, or otherwise found to not be in accordance with the specifications contained herein, the Government will notify the Contractor within two hours of delivery.

9.5.3.2 Contractor will be required to exchange the unacceptable products for acceptable products within 24 hours.

9.5.3.3 If the Government determines the number of unacceptable products is insignificant the exchange for acceptable products may wait until the next scheduled delivery.

9.5.3.4 The Government is responsible for preserving the unacceptable products to be returned to the Contractor upon exchange of acceptable products. NOTE: Failure to preserve the unacceptable products could result in required payment to the Contractor.

9.5.4. Contractor-owned delivery trays, racks, crates, wheeled carts, etc. shall be in clean condition upon delivery; if they are not, delivery driver will be required to transfer the delivery products to a clean government owned holding cart.

9.5.5. The government will stage contractor-owned trays, racks, crates, wheeled carts, etc., utilized for deliveries until the next delivery. Delivery driver will be required to remove staged contractor-owned trays, racks, crates, wheeled carts, etc., upon each delivery of new products. Empty trays, racks, crates, wheeled carts will not be allowed to accumulate in the VA facility or any area on VA property.

10. Failure to Deliver – If the contractor fails to deliver the ordered products or an acceptable substitute the Government may purchase the ordered products from another vendor. The contractor may be liable for additional costs incurred with procuring ordered products from another vendor.

11. Government Holidays – Listed below are legal Government Holidays

When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Administration staff will not be available on government holidays; however, delivery may still be accepted by N&FS personnel.

12. Invoicing – Invoices must be submitted in accordance with VAAR clause 852.232-72, Electronic Submission of Payment Requests. Invoices should be submitted to the Government within 10 days of month end. All payments will be made via Electronic Funds Transfer. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

12.1 A proper invoice must include the following items:

delivered.

13. Customer Inquiry – Upon receipt of any inquiry, the contractor shall provide a response no later than the close of the next business day. Responses to order statuses should include the current stage of completion and estimated delivery date. The preferred method of communication is electronic mail.

Schedule of Supplies James Lovell FHCC, North Chicago, IL Delivery Hours: 6:30am – 9:00am Delivery Frequency: Three (3) days per week (Monday, Wednesday, & Friday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Edward J. Hines, Jr VA Hospital, Hines, IL Delivery Hours: 5:30am-9:30am Delivery Frequency: Three (3) days per week (Monday, Wednesday, & Friday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Tomah VA Medical Center, Tomah, WI Delivery Hours: 6:00am-9:00am Delivery Frequency: Two (2) days per week (Tuesday & Friday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Jesse Brown VA Medical Center, Chicago, IL Delivery Hours: 7:00am-12:00pm Delivery Frequency: Two (2) days per week (Monday and Thursday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Oscar G. Johnson VA Medical Center, Iron Mountain, MI Delivery Hours: 7:00am-12:00pm Delivery Frequency: Two (2) days per week (Monday and Thursday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Clement J. Zablocki VA Medical Center, Milwaukee, WI Delivery Hours: 7:00am-9:00am Delivery Frequency: Three (3) days per week (Monday, Wednesday, Friday)

Item Product Number

Product Description Unit of Measure

Qty

Unit Price

Extended Price

Delivery Locations

Period of Performance

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors-Commercial Products and Commercial Services” (SEP 2023) Refer to Attachment 1 ADDENDUM to FAR 52.212-1

2. FAR 52.252-1, “Solicitation Provisions Incorporated by Reference” (FEB 1998)

3. FAR 52.204-7, “System for Award Management” (OCT 2018)

4. FAR 52.204-16, “Commercial and Government Entity Code Reporting” (AUG 2020)

5. FAR 52.204-24, “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” (NOV 2021)

6. FAR 52.216-27, “Single or Multiple Awards” (OCT 1995)

7. FAR 52.217-4, “Evaluation of Options Exercised at Time of Contract Award (JUNE 1988)

8. FAR 52.233-2, “Service of Protest” (SEPT 2006)

9. VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors” (JAN 2023) (DEVIATION)

10. VAAR 852.233-70, “Protest Content/Alternative Dispute Resolution” (OCT 2018)

11. VAAR 852.233-71, “Alternate Protest Procedure” (OCT 2018)

12. VAAR 852.252-70, “Solicitation Provisions or Clauses Incorporated by Reference” (JAN 2008) End of Addendum to 52.212-1

13. FAR 52.212-2, “Evaluation-Commercial Items” (NOV 2021)

14. FAR 52.212-3, “Offeror Representations and Certifications-Commercial Products and Commercial Services” (NOV 2023)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions-Commercial Products and Commercial Services” (NOV 2023) Addendum to FAR 52.212-4

· FAR 52.252-2, “Clauses Incorporated by Reference” (FEB 1998)

· FAR 52.204-4, “Printed or Copied Double-Sided on Postconsumer Fiber Content Paper” (MAY 2011)

· FAR 52.204-13, “System for Award Management Maintenance” (OCT 2018)

· FAR 52.204-18, “Commercial and Government Entity Code Maintenance” (AUG 2020)

· FAR 52.216-18, “Ordering” (AUG 2020)

· FAR 52.216-19, “Order Limitations” (OCT 1995)

· FAR 52.216-21, “Requirements” (OCT 1995)

· FAR 52.216-22, “Indefinite Quantity” (OCT 1995)

· FAR 52.217-6, “Option for Increased Quantity” (MAR 1989)

· FAR 52.217-7, “Option for Increased Quantity-Separately Priced Line Item” (MAR 1989)

· FAR 52.217-9, “Option to Extend the Term of the Contract” (MAR 2000)

· FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors” (MAR 2023)

· VAAR 852.203-70, “Commercial Advertising” (MAY 2018)

· VAAR 852.208-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors – Orders or BPAs” (JAN 2023) (DEVIATION)

· VAAR 852.208-71, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factor Commitments – Orders and BPAs” (JAN 2023) (DEVIATION)

· VAAR 852.211-76, Alternate I, “Liquidated Damages-Reimbursement for Data Breach Costs (FEB 2023)

· VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors” (JAN 2023) (DEVIATION)

· VAAR 852.215-71, “Evaluation Factor Commitments” (OCT 2019)

· VAAR 852.216-1, “Economic Price Adjustment of Contract Price(s) Based on a Price Index” (MAR 2018)

· VAAR 852.219-76, “VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products” (JAN 2023) (DEVIATION)

· VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018)

· VAAR 852.242-71, “Administrative Contracting Officer” (OCT 2020)

· VAAR 852.246-71, “Rejected Goods” (OCT 2018)

· VAAR 852.247-71, “Delivery Location” (OCT 2018) End of Addendum to 52.212-4

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services” (NOV 2023)

· Refer to Attachment 1: FAR 52.212-5 for subparagraphs the contractor shall comply with the following clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services.

Refer to ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

All quotes shall be sent to the Contracting Officer, Stacy Massey at Stacy.Massey@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors:

1. Terms & Conditions

2. Delivery Plan

3. Past Performance

4. Veterans Involvement

5. Price

The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions.

Refer to Attachment 2: ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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) to the terms and conditions, if any.

Submission of your response shall be received not later than 5:00pm on March 11, 2024. Responses should be sent to the Contracting Officer, Stacy Massey at Stacy.Massey@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Stacy Massey Contracting Officer Network Contracting Office 12 Stacy.Massey@va.gov

See attached document: Tailored 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services.

See attached document: Tailored 52.212-2 Evaluation - Commercial Products and Commercial Services.

Combined Synopsis/Solicitation Notice