36C25625Q0007.docx

36C25625Q0007

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

10-08-2024

ARLENE A. BLADE

318-466-4281 11-13-2024

2P CST

CST

00502

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

X

311511 1150 Employees

N/A

00502

DEPARTMENT OF VETERANS AFFAIRS

CENTRAL ARKANSAS VETERANS HEALTHCARE SYS

2200 FORT ROOT DRIVE

NORTH LITTLE ROCK AR 72114

00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

2495 SHREVEPORT HIGHWAY

PINEVILLE LA 71360-4004

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

See CONTINUATION Page Contractor shall provide on site delivery of fresh milk and dairy products for the Central Arkansas Veteran Healthcare System to include Eugene J. Towbin Healthcare Center at 2200 Fort Roots Drive, North Little Rock, AR 72114 and at John L McClellan Memorial Veterans Hospital, 4300 West 7th Street, Little Rock, AR 72205 in accordance with the Statement of Work.

Offeror must provide all the items listed on the Price/Cost Schedule.

All Offerors shall be registered and current in the System for Award Management (SAM) database at the time of quote submission.

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

This RFQ will result in one firm-fixed price Indefinite Delivery/Indefinite Quantity contract for 2/1/25 to 1/31/30.

See CONTINUATION Page

ARLENE A. BLADE

Table of Contents

B.2 STATEMENT OF WORK…………………………………………………………………..6

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 36C256 ARLENE A. BLADE

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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

B.2 STATEMENT OF WORK

Statement of Work

1. Title: Fresh Milk and Dairy Products for Central Arkansas Veterans Healthcare System (CAVHS)

2. Scope: Contractors shall provide all necessary labor, materials, equipment, and supervision necessary to provide and deliver fresh milk and dairy products for CAVHS Nutrition and Food Services (NFS) in accordance with the Statement of Work.

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. Recall Notices:

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

6. 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.

7. Delivery:

Delivery to CAVHS may consist of two (2) separate points and times since NFS has two campuses. Contractor will be required to deliver to NFS points three times per week excluding Saturdays and Sundays. Contractor will be required to deliver before 8:00 am each time. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. All milk and dairy items shall be labeled, packaged in commercially acceptable traditional waxed paper cartons. Expiration date shall be marked directly on the container. Contractor will not be required to deliver products on national holidays.

Central Arkansas Veterans Healthcare System - Delivery Locations Nutrition and Food Services John L. McClellan Memorial Veterans Hospital 4300 West 7th Street Little Rock, AR 72205

a. Nutrition and Food Services-Delivery Hours: between 6:00 a.m. – 8:00 a.m.

b. Delivery Location: Main Kitchen

c. Frequency of Delivery: Monday, Wednesday, Friday

Eugene J. Towbin Healthcare Center 2200 Fort Roots Drive North Little Rock, AR 72114

a. Nutrition and Food Services-Delivery Hours: between 6:00 a.m. – 8:00 a.m.

b. Delivery Location: Main Kitchen

c. Frequency of Delivery: Monday, Wednesday, Friday

8. Contract Performance Period:

The period of performance for the provision of milk and dairy products shall be for a five (5) year period from February 1, 2025 – January 31, 2026 with five (5) ordering periods.

9. 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.

Deliveries that fall on Federal holidays may require additional coordination with the COR in advance.

10. Ordering:

Orders will be placed by assigned authorized individuals from each delivery point. Orders may be placed by phone, fax, email, or EDI. If the contractor is not already set up as an EDI Vendor, they may be set up by contacting the VA Austin Automation Center at (512) 326-6931. Orders are based on patient load and amounts will increase or decrease in conjunction with hospital census. Contractor should contact individual delivery points to determine if it is practical for contractor to check stock of milk on hand so an adjustment may be made to prevent having too much on hand or having too little (requiring additional delivery).

11. Authorized Personnel:

12. Inspection and Acceptance:

1. An employee of NFS will be designated by the Chief of the Service to accept or reject a delivery, as to quality and condition of the product. Items rejected, all or in part, must be removed from the premises within 48 hours of notification of rejection. If the vendor needs to offer a substitute product on rare occurrence, the substitute product must comparable and acceptable to the VAMC and offer at the same contract price.

1. The Government has a right to inspect and evaluate the plant, personnel, equipment, and processes of the prospective contractor. An inspection may be made of the premises and employees prior to award and conditions found will be considered in award of contract. Inspection may be performed at any time during the contract period and if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the product covered by this contract will be procured in the open market. Any excess occasioned by the action will be charged against the contractor’s account.

13. Return Policy:

Quoters 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. Product shipped by Government error may be returned subject to the contractor’s normal return policy. Quoters shall provide the name and telephone number for reporting delivery/product problems for each VA location.

14. Payment:

1. Payments shall be monthly in arrears upon receipt of a properly executed invoice. Invoices for each CAVHS delivery point shall be submitted to the addresses designated in this contract. In accordance with the Prompt Payment Act the Government has 30 days after receipt of a valid invoice to make payment.

1. Payments under this contract will be made by Electronic Funds 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 $3,500 if the contractor is set up to accept credit cards.

15. Packing List:

There shall be a packing list enclosed with all shipments made under this contract. The packing list shall show the following as a minimum: Contractor’s name and address, VA Purchase Order Number (if one is given), the VA Facility and Service placing the order, the items shipped and quantity.

16. Commercial Packaging and Labeling:

1. The contractor shall provide documentation for products packaged in accordance with commercial practice for Milk products. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the first consuming activity. Packing shall be in accordance with commercial packing complying with Uniform Freight Classification or National Motor Freight Classification, as applicable.

1. The contractor shall provide documentation demonstrating compliance with commercial labeling. Commercial labeling shall be acceptable provided the day or date shall be shown in a conspicuous location. Production shall not precede delivery by more than twenty-four (24) hours. Any commercial or additional labeling shall comply with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

17. Sanitation and Workmanship:

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

18. Customer Service Point Of Contact:

The Contractor shall provide a designated point of contact and toll-free number (if applicable) for resolution of customer service problems to include at a minimum delivery of damaged or incorrect items.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

MILK, TYPE A (WHOLE) 1/2 PINT

Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

LOCAL STOCK NUMBER: C-M-1678

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

NATIONAL STOCK NUMBER: 8910-00-451-1256

LOCAL STOCK NUMBER: 8910-00-451-1256

MILK, CHOCOLATE, TYPE I

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

NATIONAL STOCK NUMBER: 8910-00-584-3861

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

NATIONAL STOCK NUMBER: 8910-00-224-5218

LOCAL STOCK NUMBER: 00

BUTTERMILK, FED C-B-816

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

NATIONAL STOCK NUMBER: 8910-00-935-6777

LOCAL STOCK NUMBER: 8910-00-935-6777

CHEESE, COTTAGE, FED C-C-281

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

NATIONAL STOCK NUMBER: 8910-00-935-6778

LOCAL STOCK NUMBER: 8910-00-935-6778

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

NATIONAL STOCK NUMBER: 8910-00-126-3400

LOCAL STOCK NUMBER: 8910-00-126-3400

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

SHERBET, FED EE-I-116, TYPE IV (SHERBET)

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

LOCAL STOCK NUMBER: EE-I-116

MILK, TYPE A (WHOLE) 1/2 PINT

Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, CHOCOLATE, TYPE I

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

BUTTERMILK, FED C-B-816

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

CHEESE, COTTAGE, FED C-C-281

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

SHERBET, FED EE-I-116, TYPE IV (SHERBET)

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, TYPE A (WHOLE) 1/2 PINT

Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, CHOCOLATE, TYPE I

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

BUTTERMILK, FED C-B-816

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

CHEESE, COTTAGE, FED C-C-281

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

SHERBET, FED EE-I-116, TYPE IV (SHERBET)

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, TYPE A (WHOLE) 1/2 PINT

Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, CHOCOLATE, TYPE I

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

BUTTERMILK, FED C-B-816

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

CHEESE, COTTAGE, FED C-C-281

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

SHERBET, FED EE-I-116, TYPE IV (SHERBET)

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, TYPE A (WHOLE) 1/2 PINT

Contract Period: Option 4 POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MILK, CHOCOLATE, TYPE I

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

MILK, LOW FAT, TYPE III, FED C-M-1678

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

BUTTERMILK, FED C-B-816

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

CHEESE, COTTAGE, FED C-C-281

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

ICE CREAM, FED EE-I-116

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

SHERBET, FED EE-I-116, TYPE IV (SHERBET)

POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

B.4 DELIVERY SCHEDULE

2200 Fort Roots Drive North Little Rock, AR 72114

USA

501-257-2896 Grace.Johnson@va.gov

2200 Fort Roots Drive North Little Rock, AR 72114

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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. 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; 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…