36C26122Q0066_1.docx

36C26122Q0066

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTA

CHED

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. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26122Q0066 12-15-2021 Mohammed Hussain 916-923-4534 01-28-2022

1:00PM PT

Department of Veterans Affairs

VA

Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522 X 311999 500 Employees N/A X "See Delivery Schedule"

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Food vendor for the VA Pacific Islands Healthcare System

(VAPIHCS)

Community Living Center (CLC) located at 459 Patterson Road Honolulu, HI 96819.

Refer to Addendum to FAR 52.212-1 and 52.212-2 for instructions to offerors and evaluation factors.

See CONTINUATION Page X Mandy Thompson 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 36C261 TBD Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

November 23, 2021

I. INTRODUCTION

A. The Department of Veterans Affairs Pacific Islands Healthcare System (VAPIHCS), island of Oahu, intends to support the needs of the residents at the Community Living Center (CLC), a nursing home facility, by entering into a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract to supply Grocery Items. The scope of this contract may also include orders for food by other departments within VAPIHCS (outside of the CLC).

A successful offeror will be required to source, purchase, store, and deliver a variety of grocery items to VAPIHCS on an ongoing basis, while at the same time maintaining acceptable fill rates, levels of customer service, and product quality. Therefore, an offeror must currently possess the physical, logistical, and financial resources to serve as a commercial distributor of a variety of grocery items. By quoting, an offeror affirms its status as a current and functioning commercial distributor of grocery items. In order to determine whether an offeror meets the technical requirement of being a current and functioning commercial grocery distributor, the Contracting Officer will require an offeror to provide its current, valid Perishable Agricultural Commodities Act (“PACA”) license. In addition, the Contracting Officer will require an offeror to submit a valid Good Agricultural Practices (“GAP”)/Good Handling Practices (“GHP”) or independent third-party certifying company audit inspection report(s) / certificate. The audit report(s) must demonstrate that a passing score(s) was/were received. Please note that a request for the aforementioned information by the Contracting Officer will be used to make a determination of whether or not the offeror meets the technical requirement of being a current and functioning commercial distributor of grocery items. This information is not being sought to determine an offeror’s likelihood of success in performing the contract as would be the case in a responsibility analysis.

B. This solicitation is being issued under full and open competition procedures. NAICS is 311999 and size standard is 500.

C. The length of this IDIQ is five (5) years. The Contractor shall furnish a full line of grocery products, perishable, non-perishable, specialty, subsistence items if and when requested by the contracting officer or authorized representative.

II. PRICE FACTOR DEFINITIONS

A. Customer Rebate - Credit offered by manufacturer/supplier or VA Approved Supplier to incentivize VAPIHCS to purchase particular products and/or increase volume of these products purchased. May be offered as price reductions “off invoice customer rebate allowance” for a period of time or as a coupon type program with rebate to customer after purchase period ends. A rebate that is reflected in the amounts shown on the face of the Supplier invoice (referred to as “Off-invoice Customer Rebate Allowances”) or designated by the manufacturer/supplier or VA Approved Supplier to be passed on to the Government is processed as an Off- Invoice Customer Rebate Allowance, a credit through PV or check from manufacturer/supplier or VA Approved Supplier to customer’s facility fund control point based on variety of circumstances, i.e. manufacturer pricing incentives, coupons, healthcare allowances, etc. Used to encourage purchase of specific product(s) or quantities.

B. Delivery Price (DP) Calculation – Price from Contractor to VAPIHCS. Formula to be used by the contractor that delineates the customer price. Landed Product Price + (LPP X DSF) = Delivered Price (DP)

C. Distribution Fee (DSF) – Fee, fixed percentage of product price based on product category and period of performance (i.e. contract base or applicable option year). Pricing element offered and awarded under this contract.

D. Deviated Pricing Agreements – Discounted pricing agreements based on committed volume purchasing with manufacturers/suppliers for VAPIHCS through the contractor.

E. First Point of Distribution - The warehouse owned by the Contractor and the point of receipt for products obtained from manufacturers and other suppliers that will be distributed to the VAPIHCS. First Point of Distribution is considered to be the contractor’s basis for Landed Product Price. (Refer to Landed Product Price definition).

F. Final Point of Distribution – Contractor’s local warehouse designated to service VAPIHCS.

G. Landed Product Price (LPP) - Landed Product Price (LPP) shall be the manufacturer/supplier delivered selling price to the contractor’s first point of distribution. If the delivered selling price is other than FOB destination or the manufacturer/supplier’s invoiced 3rd party freight charge, the contractor may include a transportation fee (see definition) to the contractor’s first point of distribution.

H. Product Price – Price of product (per invoice) from manufacturer/supplier to the contractor’s first point of distribution.

I. Transportation Fee - A transportation fee utilizing the contractor’s freight management systems may be added onto the Landed Product Price if the delivered selling price to the contractor by the manufacturer/supplier is other than FOB Destination or if the manufacturer/supplier includes a 3rd party freight charge on its invoice to the contractor. Examples of freight management activities may include negotiated manufacturer/supplier pick-up allowances, backhauling allowances and 3rd party freight intermediary carriers.

III. ESTIMATED DOLLAR VALUE / GUARANTEED MINIMUM / MAXIMUM

A. The guaranteed minimum under the contract is $2,500.00. The maximum of this contract is $680,000. The government cannot predict with any certainty the amount or value of orders that will be placed under this IDIQ. Historically, the CLC has ordered approximately $72,000.00 of food in a year.

IV. CONTRACT START-UP PERIOD

A. After an award is made, the Contractor (also referred to as the Awardee) will be required to take steps to implement its new contract prior to initial ordering/delivery. Within 15 days after the award is made, the Contractor shall submit a proposed implementation schedule to the Contracting Officer that details all of the necessary steps that are required to ensure proper contract performance. This may include but is not limited to catalog/ordering/invoice testing, sourcing new items, finalize delivery schedule per customer location, etc. An additional 30 days will be granted for actual completion of the proposed schedule. No more than 60 calendar days after award, however, will be given to complete the schedule and have a fully functional distribution account in place.

V. ELECTRONIC ORDERING CATALOGS

A vendor that receives an award after implementation of this IDIQ will be required to maintain electronic catalogs that list all items available to the VAPHICS. Each item in the catalog shall contain the corresponding national or local stock number (as appropriate), Government item description, packaging characteristics, unit of issue, and unit price.

VI. PRICING DOCUMENTATION

1. The Government may require the contractor to submit invoices and other documentation from all subcontractors (as defined in FAR Part 44.101) and/or any entity in the delivered price supply chain to substantiate or identify any Rebates/Discounts. If the Contracting Officer determines, after reviewing an invoice or other documentation, that a Rebate/Discount should have been, but was not, passed on to the Government, the Government shall be entitled to a refund in the amount of the overcharges, inclusive of interest. If the Contractor believes it erroneously credited a rebate/discount to the Government, Contractor may submit a request for an equitable adjustment for the amount of the undercharge. The request may be entertained if the Contractor can demonstrate to the satisfaction of the Contracting Officer that the error did not result from the fault or negligence of the Contractor. The Contractor will not be entitled to reimbursement if the undercharge was the fault or negligence of the Contractor.

2. The Contracting Officer, and/or authorized representative(s), shall have the right to examine and audit the Contractor's records relevant to pricing under the contract, including records related to the existence and proper accounting of rebates, discounts, etc. The Government may also review/audit the Contractor’s electronic purchasing system to confirm that the Delivered Price of a product sold to the Government is accurate.

3. Failure on the part of the Contracting Officer to identify non-compliance with this provision or to challenge the Contractor’s erroneous interpretation of this provision shall not constitute waiver or a defense against the Government’s entitlement to any of Rebates/Discounts or any other remedies afforded by this section, the contract, or other applicable laws and regulations.

VII. PRICING

The Contractor shall furnish all supplies and perform all tasks associated with this contract in accordance with the terms, conditions, and specifications contained herein and according to the pricing definitions and calculations listed below. The contract pricing to be proposed by an Offeror is the distribution price (DSP) as defined below.

A. PRICING DEFINITIONS

1. Landed Product Price (LPP):

i. Landed Product Price (LPP) shall be the manufacturer/supplier delivered selling price to the contractor’s first point of distribution.

ii. If the delivered selling price is other than FOB destination or the manufacturer/supplier’s invoiced 3rd party freight charge, the contractor may include a transportation fee (see definition) to the contractor’s first point of distribution.

iii. The contractor shall document any associated transportation fees and make them available for price audits – sales history file must clearly delineate any transportation/freight costs for each product that is not manufacturer/supplier invoice or FOB destination to show how landed product price is computed.

iv. Landed Product Price is either:

1. Manufacturer/Supplier invoice price FOB Destination to the contractor’s first point of distribution, or

2. Manufacturer/Supplier invoice price plus actual transportation cost or transportation fee to the contractor’s first point of distribution, or

v. VA Deviated Price includes:

1. Fixed price inclusive of FOB Destination to the contractor’s first point of distribution, or

2. Allowance off manufacturer/supplier’s invoice price plus actual transportation cost, or transportation fee

vi. Manufacturer/Supplier invoice price minus any commercially available rebate, discount or allowance plus actual transportation cost or transportation fee, or contractor’s private label commercial list price. (Price is inclusive of FOB Destination to the contractor’s first point of distribution).

2. Distribution Fee:

i. Fee, fixed percentage of product price based on product category and period of performance. Pricing element offered and awarded under the contract.

ii. The distribution fee shall be added to the Landed Product Price to establish a firm fixed distribution price. The offeror shall propose the distribution fee as a fixed percentage markup of the LPP as defined above. The distribution fee represents all elements of the contractor’s costs other than the landed product price. The distribution fee includes but is not limited to contractor’s:

1. Projected General and Administrative overhead,

2. Profit,

3. Packaging costs (pallets, shrink wrap),

4. Transportation costs from point of distribution to the VAPIHCS CLC.

3. Distribution Price:

i. Price from contractor to the VAPIHCS CLC.

ii. Calculation: $LPP * (1+DF%) = $Distribution Price

VIII. CUSTOMER SERVICE

A. The Contractor shall provide at least one full-time Customer Service Representative’s name and contact information to maintain continuous contact with the VAPIHCS CLC, as well as at least one back-up representative’s name and contact information, when the Customer Service Representative is not available.

IX. ORDERING

A. Electronic Ordering System: The Contractor is responsible for establishing and maintaining an electronic catalog for ordering.

1. Accessed via the Internet, the Contractor should provide an electronic ordering system where orders can be placed.

2. The Contractor shall have access to the Internet and be able to send and receive electronic mail (email).

B. Alternative Ordering Systems: In the event the electronic system is not operational or accessible to the Government, the Contractor must provide alternate ways for the customer to order (e.g., by fax, by phone, pick up orders, etc.)

X. ORDER PLACEMENT, LEAD TIME, and ADJUSTMENTS/CANCELLATION OF ORDERS

A. The minimum order requirement for any resultant contract is $100.00.

The Government should place their orders to accommodate at a minimum a 2-day lead time, i.e “skip day” delivery. For example, an order placed on Monday, September 1st would have a required delivery date of Wednesday, September 3rd. Orders may be placed with a longer lead time not to exceed 21 days in advance of the requested delivery date.

B. Individual orders or purchases for the requirement are subject to dollar limitations of $250,000 per order.

C. Individuals Authorized to Place orders under the IDIQ: Contracting Officers. VAPIHCS employees will place specific orders for food on an “as needed” basis. The Contractor must track these order requests and ensure that the total amount of those “as-needed” requests does not exceed the amount of available funding on the contract delivery order issued by the Contracting Officer.

E. Extent of Obligation. The government is obligated only to the extent of authorized purchases actually made under this contract. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the contractor and may result in non-payment.

F. All invoice pricing will be based upon the Contract Unit Price at time of order by the VAPIHCS. Therefore, for any item ordered on a Friday to be delivered the following ordering period, pricing will be based upon the catalog price in effect the day of order (Friday in this example), regardless of whether the unit price for that item subsequently changes as part of the next ordering period’s ordering catalog updates.

G. Once submitted through the applicable electronic ordering system, an order may be cancelled by the VAPIHCS up to 24 hours before scheduled delivery via written notification to the Contractor and the Contracting Officer. Within less than 24 hours from delivery, an order may be cancelled by mutual agreement between the VAPHICS and the Contractor. In the event of an act of God, such as extreme weather, the specific situation regarding a cancelled delivery will be dealt with in an equitable manner by the Contracting Officer, who has the ultimate authority and discretion to resolve said issues.

XI. ITEM AVAILABILITY

A. Contractors must have the ability to provide to the customers a wide range of grocery items in sufficient quantities to fill all customer requirements. Item substitutes may be authorized upon mutual agreement between the VAPIHCS and the Contractor.

B. Contractors shall notify the VAPIHCS within 24 hours of required delivery date/time of the non-availability of any particular ordered item, whether in whole or in part. The VAPIHCS may choose to replace the non-available item with another item from the contract catalog by placing a new, separate order for the item, as applicable.

XII. REPACKAGING & SPLITTING OF CASES

A. Some items, VAPIHCS may require smaller pack sizes than are commonly available in the commercial marketplace. Such items may be added at a later date during contract performance. It is incumbent on the Contractor to determine how it will supply these items in accordance with the required pack sizes. In so doing, the Contractor may decide to split cases and repackage product at its own facility.

B. Splitting cases and repackaging product, as described in the preceding paragraph, do not constitute processing, and, therefore, do not meet the conditions of a private label holderI. Accordingly, the Contractor is prohibited from including any costs associated with its own in-house splitting of cases and repackaging product in the Contractor’s Delivered Price. Instead, the costs associated with in-house splitting cases and repackaging product must be included in the Contractor’s Distribution Price.

XIII. PACKAGING, PACKING, LABELING, AND MARKINGS

A. All labeling, packaging and packing shall be in accordance with good commercial practice. Shipping containers shall comply with the National Motor Freight Classification and Uniform Freight Classification Code.

B. To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary markings such as “KEEP REFRIGERATED” shall be used on all cases when appropriate.

C. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected by any means to prevent damage.

XIV. DELIVERY INSTRUCTIONS

A. Contractors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. All delivery trucks must be equipped with a lift gate to expedite the offloading of products. Trucks shall maintain proper temperatures in accordance with standard commercial practices. Deliveries shall be FOB Destination to all delivery points. Delivery will be completed when the Contractor has unloaded the order(s) from the vehicle and placed them on the dock, and VAPIHCS receiving personnel has accepted the delivery ticket, in accordance with Section XV below. All items will be delivered to VAPIHCS free of damage and with all packaging and packing intact. The Contractor shall remove all excess pallets used for delivery from the delivery point.

B. VAPIHCS’ delivery schedules (days and times), routes, and stop-off sequences will be coordinated and verified with the customers on a post-award basis by the Contractor immediately following award and on an annual basis as required. At a minimum, each Troop customer receives three deliveries per week. However, these schedules may be revised as necessary on a case-by-case basis at the approval of the Contracting Officer.

C. The Contractor shall ensure that the personnel loading and delivering the product provide professional, prompt, and efficient service to the VAPIHCS. Failure to adhere to these standards will be reported to the Customer Representative and the Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the Contractor.

XV. INSPECTION AND ACCEPTANCE

A. Inspection and acceptance of products will be performed at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by either the VA Dietitian, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. Supplies transported in vehicles that are unsanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. Failure to identify latent defects or similar issues at time of acceptance will not absolve the Contractor of its liability or preclude the customer from obtaining appropriate remedy upon the timely discover of said defects or issues after-the-fact. In this circumstance, the customer shall notify the Customer Representative who will coordinate with the Contracting Officer in seeking an appropriate resolution.

B. The authorized Government receiving official is responsible for inspecting and accepting products as they are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to be noted on the delivery ticket by the receiving official and truck driver. The authorized Government receiving official’s signature and printed name on the delivery ticket is required for acceptance of the product. All signatures MUST be legible along with a printed name and title block. Failure to adhere to this requirement may result in disputes going against that party as its failure can severely limit the Contracting Officer’s judgment.

C. Delivery Ticket and related information. No electronic invoice may be submitted for payment until acceptance is verified.

XVI. AUTHORIZED RETURNS

A. The Contractor shall accept returns under the following conditions:

XVII. REJECTION/RETURN PROCEDURES

A. In the event an item is returned for any of the reasons cited in Section XVI., the delivery ticket/invoice shall be annotated as to the item(s) rejected/returned. These items shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment. Replacements will be authorized based on the customer’s needs. On an as-needed basis determined by customer need, same day re-delivery of items that were previously rejected shall be made, so that the customer's food service requirements do not go unfulfilled for that day. The re-delivered items will be delivered under a separate invoice utilizing the same call number, contract line item number, and purchase order number for the discrepant line. These re-deliveries will not constitute an emergency order requirement.

B. In the event a product is rejected after initial delivery is made, the Contractor will pick up the rejected product or make other disposition arrangements deemed acceptable by the customer. Credit due to the ordering activity as a result of the rejected product being returned should be reflected on the invoice(s). If the Contractor has already been paid for the product, a claim will be issued through VA’s financial service system and the Contractor shall promptly pay the claimed amount. In all cases, one (1) copy of the credit memo is to be given to the customer and one (1) copy of the credit memo is to be sent to the Contracting Officer.

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. However, failure to promptly inspect or accept supplies shall not relieve the contractor from responsibility, nor impose liability on any of the customers, for nonconforming supplies. See clause 52.212-4, paragraph (o).

XVIII. INVOICING

A. Each delivery will be accompanied by the Contractor’s delivery ticket/invoice. The customer shall sign all copies of the invoice/delivery ticket. Any changes must be made on the face of the delivery ticket/invoice; attachments are not acceptable. See Section XV, para. B.

C. No paper invoices shall be submitted for payment. Invoicing for payment is to be filed electronically using either:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

D. All invoices submitted by the Contractor must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to its submission. The Contractor is required to ensure the accuracy of its invoices.

E. All internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The Contractor will be responsible for correction and re-submission.

F. The same invoice cannot be submitted with different dollar amounts.

G. For catch weight items, standard rounding methods must be observed, i.e. less than .5 is rounded down; greater than or equal to .5 is rounded up. All weights must be rounded to whole pounds using standard rounding methods. Any line submitted for other than whole numbers will be rejected and require correction and re-submission by the Contractor. Note: Currently, no catch weight items apply to this Solicitation. This does not preclude the possibility that catch weight items may be added in the future for certain items.

H. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower must be rounded down to $2.21.

I. Each invoice shall contain sufficient data for billing purposes. This includes, but is not limited to:

1. Contract Number/Order Number

2. Date of Purchase

3. Purchase Order Number

4. Itemized list of supplies furnished

5. Quantity, unit price, and extension of each item less applicable discounts (unit prices and extension need not be shown when incompatible with the use of automated systems; provided that the invoice is itemized to show this information).

6. Date of Delivery

7. Total dollar value on each invoice (reflecting changes to the shipment, if applicable)

XIX. PRICE AUDITS

A. Price Audits. Contractors are advised that the Government may conduct price verification analysis of the Contractor’s performance on the resulting contract in the following manner:

1. At the Contracting Officer’s discretion, an internal Price Verification Team in conjunction with the Contracting Officer may require the Contractor to provide copies of specific invoices from suppliers, of this Solicitation.

2. The Price Verification Team will request the above documentation in writing and the Contractor will have thirty (30) days after the request to furnish the documentation.

3. A report of overcharges and undercharges (if applicable) will be forwarded to the Contractor, and the Contractor may be required to pay the Government for the net amount owed for overcharges. The Government reserves all rights and remedies provided by law or under the contract in addition to recovering any overcharges. Undercharges will be evaluated by the Contracting Officer on a case-by-case basis consistent with other terms and conditions of the instant Solicitation.

4. The Government may elect to expand / reduce the scope of the price verification analysis, and frequency of future analyses, as deemed appropriate by the Contracting Officer.

B. The Government reserves the right to conduct additional price audits as necessary in the opinion of the Contracting Officer to verify price accuracy and potentially recoup any overcharges. In such instances, the Contractor will be required to submit invoices and any other supporting price documentation that the contracting officer deems appropriate.

XX. RAPID GATE, DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or OTHER SECURITY PROGRAMS

A. The VAPIHCS CLC is co-located on a Department of Defense (DoD) Army base.

B. Many bases may require enrollment in a particular system for base security such as RapidGate, the Defense Biometric Identification System (DBIDS), or other similar system(s). Such systems manage access to Department of Defense (DoD) installations and will not allow entry without clearance. During the contract start-up/ implementation period, the Contractor must contact the VAPIHCS CLC to determine whether enrollment in RapidGate, DBIDS, or another security program is required for access to the CLC. If RapidGate, DBIDS, or other security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have clearance may result in a vendor being turned away from the base and being unable to complete delivery. The Contractor is responsible for any costs associated with RapidGate, DBIDS, and/or other security program enrollment and must ensure that a a properly enrolled driver is available for all deliveries. We currently estimate that RapidGate or DDBIDS enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate, DBIDS or other security enrollment may vary, so the Contractor should contact the specific security system contractor to determine its own costs. If more than one driver is required, enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the start-up/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required.

C. For additional information on current base security systems including RapidGate and DBIDS, including enrollment instructions, please visit their websites at www.rapidgate.com and https://dbids-global.dmdc.mil/enroll#!/.

XXI. HOLIDAYS

A. All orders are to be delivered on the specified delivery date, except for Federal holidays, as outlined below. When a scheduled delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless otherwise agreed to by the customer.

Independence Day

B. Note: Holidays falling on a Saturday are normally observed on the preceding day (Friday); holidays falling on a Sunday are normally observed on the following day (Monday).

XXII. EMERGENCY ORDERS

A. Last minute ordering may take place as necessary to fulfill VAPIHCS’ requirements.

B. The contractor will provide up to one emergency order per month at no additional cost to the Government. As specified by the VAPIHCS, all emergency order(s) for supplies must be same day or next day. The contactor is responsible for providing the ordering facilities with the name of the contractor representative responsible for notification of receipt and handling of such emergency service and his/her phone number.

XXIII. PRODUCT QUALITY

A. Pathogens: The Contractor will use prevailing commercial practice for testing of pathogens including, but not limited to, E. Coli, Listeria Monocytegenes, Salmonella, Shigella, and Coagulase Positive Staph Aureus.

B. Shelf-life: All products delivered shall be as fresh as possible and within the Growers/Packers’ original shelf life (i.e., Best if Used- by-Date, Expiration Date, or other markings). Applicable products shall be identified with readable open code such as “Best-Used-by- Date”, “Sell-by-Date”, date of production, or similar marking indicating the end of the guaranteed freshness date. In addition, the Contractor must comply with the following shelf-life requirements for fresh-cut fresh fruits and vegetables, ready-to-eat salads, cole slaw, etc.:

1. Individual bags/containers must be marked with a 14-day shelf life from the date of production. All products must be received by the customer with at least 50% of recommended shelf life remaining. If the manufacturer-recommended shelf life is less than 14 days, the Contracting Officer must be notified in advance and approve the shelf-life. Any deviation from these requirements must be approved prior to customer delivery, in writing, by the Contracting Officer.

C. Shell Eggs: Shell eggs must comply with the Federal Food, Drug, and Cosmetic Act (“FFDCA”) 21 CFR Part 100 – 169. Facility and product shall also comply with other applicable State, Federal regulations applicable to product or facility (21 CFR 115.50 (b) (2)], 7 CFR, Part 56 US Standards, Grades, and Weight Classes for Shell Eggs (AMS 56), GMPs, etc.). Shell eggs must originate from a sanitarily approved source as indicated in the contract.

1. Temperature Requirements: All refrigerated storage areas and transport ambient temperatures for shell eggs cannot exceed 45 degrees Fahrenheit.

2. Markings/Labeling Requirements: For cartons (6-Eggs, 12-Eggs, 18-Eggs, etc.) and loose pack (a flat which contains 30-Eggs per flat), both of which are packed into a 15 or 30-dozen case, should have the USDA Grademark (shield) on the cartons. Shell egg cases/shipping containers must be stamped with the USDA Grade AA or A stamp (depending on the declared quality).

3. Shelf Life: Shell eggs shall have a minimum of 14 days’ shelf life remaining when delivered to VAPIHCS, unless otherwise authorized by Contracting Officer and the customer.

D. Commercial standards shall be used to maintain temperatures appropriate for individual produce items during storage and delivery to VAPIHCS.

1. Level of Product Quality:

(a) When designating an item as a match for the item in the Schedule of Items listed in the instant Solicitation, the item must be:

(i) Identical in respect to packaging when the unit of issue is not described by weights (e.g. pound or ounce).

(ii) Equivalent in respect to grade or fabrication.

All items must meet or exceed the Government’s item description of their assigned Government stock number and the specified US Grade.

XXIV. QUALITY PROGRAM

A. A Manufacturer, Grower/, Private Label Holder or Redistributor selection or certification program shall be used to ensure standardized product quality for each item supplied and/or listed in the stock catalogs, regardless of supplier. The product quality shall be equal to that described in the pertinent item specification and/or specified US Grade Standard.

B. The Contractor shall develop and maintain a quality program for the product acquisition, warehousing, and distribution to assure the following:

1. Standardized product quality.

2. Wholesome product by veterinary standards.

3. The usage of First-In, First-Out (“FIFO”) principles and/or First-Expired, First-Out (“FEFO”).

4. Product shelf life managed and monitored (by date of pack/production of the item).

5. Items are free of damage.

6. Correct items and quantities are selected and delivered.

7. Ensure requirements of the Berry Amendment are met, when applicable.

8. Customer satisfaction is monitored.

9. Product discrepancies and complaints are resolved and corrective action is initiated.

10. Supplier, FDA, or VA initiated food recalls are promptly reported to customers and the Contracting Officer.

11. Compliance with EPA and OSHA requirements.

12. Distressed or salvaged items or products shall not be used.

13. Applicable food products delivered originate from a source listed in the USDA-AMS Good Agricultural Practices (“GAP”) Verification Directory or the USDA-AMS Good Handling Practices (“GHP”) Verification Directory for fresh fruits and vegetables, as applicable. Bulk Fresh fruits and vegetables suppliers must be inspected and listed under the USDA-AMS GAP and/or the GHP Directory.

14. Hazard Analysis and Critical Control Point (“HAACP”) protocol, if applicable.

15. Commercial standards are used to maintain temperatures appropriate for individual items.

D. The Contractor shall, for all places of performance, maintain a USDA GAP/GHP certificate AND be listed in the USDA-AMS GAP or GHP Verification Directory for a full range of fresh fruits and vegetables throughout the period of contract performance. The USDA GAP/GHP certificate must demonstrate a passing score, and specifically passing with respect to the following parts: General, Wholesale Distribution (6) and Preventive Food Defense (7). Failure to obtain and maintain a USDA GAP/GHP certificate will be considered a breach of contract. Further information, including inspection requirements, can be found at https://www.ams.usda.gov/services/auditing/gap-ghp.

XXV. WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT PEST MANAGEMENT

A. The Contractor shall develop and maintain a sanitation program and a stored product pest management program for food and other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, as well as all pertinent state and local laws and regulations. Records of inspections performed by the Contractor, its subcontractor, or other recognized industry association hired by the Contractor shall be maintained and made available to the Government at the Contracting Officer’s request. Any findings by the Contractor or its agent documenting a critical sanitation deficiency shall be reported immediately to the Contracting Officer with an attached report of corrective action.

B. Food Establishments.

1. All establishments and distributors furnishing subsistence items under VA contracts are subject to sanitation approval and surveillance as deemed appropriate by the Government. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required.

C. Delivery conveyances: The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies tendered for acceptance may be rejected without further inspection.

XXVI. RECALL PROCEDURES REQUIREMENTS

A. In the event that a product recall is initiated by the USDA, the Contractor, or the Contractor’s supplier or manufacturer, the Contractor shall follow the procedures as outlined below:

1. Immediately notify the following personnel:

(a) VAPIHCS CLC.

(b) Contracting Officer.

(c) Contracting Officer Representative (COR).

2. Provide the following information to the VA Dietitian:

1. Reason for recall

1. Type of recall, i.e., Type I, II or III.

(c) Description of product.

(d) Amount of product.

(e) List of customers that have received product.

(f) Name and phone number of responsible person (Recall Coordinator).

3. The Contractor shall provide a Final Status Report of Recall, when completed, to the Contracting Officer.

4. At the discretion of the VAPIHCS, the Contractor shall either replace at no additional cost or adjust the invoice quantity for any recalled product.

XXVII. REPORTS

A. The VAPIHCS should have the ability to request or generate a monthly report with the capability to roll up quarterly and annually as needed for their specific location.

1. Invoice History,

2. Account Status,

3. Purchase History,

4. Credit History

B. The Contractor shall provide to the Contracting Officer the following monthly reports:

1. Monthly – sales report that shows the total purchase dollars, cases/quantities, unit prices, for the VAPIHCS.

XXVIII. CONTRACT ADMINISTRATION INFORMATION

A. Contract Authority: The Contracting Officer is the only person authorized to approve changes, or modify any requirement of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the Contracting Officer.

1. In the event that the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made. The Contracting Officer must authorize any modification or costs associated with a change in writing.

2. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, shall be submitted to the Contracting Officer.

B. Payments: VSC Austin, TX is the payment office for this acquisition.

1. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (i) of FAR Clause 52.212-4 “Contract Terms and Conditions - Commercial Items” that is incorporated by reference into this solicitation.

2. The Government intends to make payments under the resultant contract by electronic funds transfer (“EFT”) based on the information contained in the System for Award Management Registration (“SAM”). FAR Clause 52.232-33, “Payment by Electronic Funds Transfer- System for Award Management” is incorporated by reference.

C. Administration:

1. A Technical Representative of the Contracting Officer (COR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and…