36C26220Q0673-003.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 67

36C26220Q0673 04-20-2020

Singletary, Ryan 562-766-2272 04-27-2020

5 PM

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

311812

1000 Employees

N/A

X

Department of Veterans Affairs

VA LOMA LINDA, SAN DIEGO AND GREATER

LOS ANGELES HEALTHCARE SYSTEMS

Long Beach CA 90815

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center

WWW.TUNGSTEN-NETWORK.COM

See CONTINUATION Page

See CONTINUATION Page

X X

Small Business Set-aside solicitation for:

Bread and Bread Products for VA Patients for VA stations Greater Los Angeles, Loma Linda & San Diego.

Please ensure the following information is reference: Item Schedule and all clauses.

All quotes must be submitted to ryan.singletary@va.gov See instructions to offerors.

Reponses are due Monday, April 27, 2020 by 5PM PST.

Samples are due Monday, April 27, 2020 between 8AM – 12noon PST to GLA, SD & LL Stations. Email ryan.singletary@va.gov for addresses.

mailto:ryan.singletary@va.gov

36C26220Q0673

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SUPPLIES

B.3 STATEMNET OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

C.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 52.216-18 ORDERING (OCT 1995)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-21 REQUIREMENTS (OCT 1995)

C.7 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...36

C.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.11 VAAR 852.271-75 EXTENSION OF CONTRACT PERIOD (APR 1984)

C.12 VAAR 852.273-70 LATE OFFERS (JAN 2003)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

E.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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: Ryan Singletary, Contracting Specialist

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Monthly in arrears [X]

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

Financial Services Center

WWW.TUNGSTEN-NETWORK.COM

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

AMENDMENT NO DATE

INSTRUCTIONS TO OFFERORS

1. Offeror should thoroughly review the solicitation and become familiar with the areas of coverage prior to submitting an offer, in order to be fully aware of the supplies/services required. Failure to understand the contract's requirements will not relieve the contractor from performing in accordance with the strict meaning and intent of the specification. This is an all-inclusive contract and the Government will not reimburse any costs not incorporated into the resultant contract.

2. One copy of the Offeror’s solicitation offer/quote and all required documents attached must be submitted and received by email electronically by the due date and time specified on the Standard Form 1449 block 8 to the Contracting Specialist at ryan.singletary@va.gov. Additionally, a scanned copy of page one (1), Standard Form 1449, with block 30a signed and 30b and 30c completed must be sent to the email submission of the solicitation.

3. Throughout this solicitation package, there are several fill-ins and check-boxes that must be completed.

It is recommended that the entire solicitation be read completely prior to filling out the solicitation.

4. Offerors must complete and return all information designated in FAR Provision 52.212-1, Instructions to Offerors – Commercial Items, paragraph “b” prior to the time specified in block 8 of SF 1449 in order to be considered for award. Failure to do so may preclude the offeror from further consideration.

5. Technical Inquiries: Direct all technical inquiries in writing to the Contracting Specialist Ryan Singletary at ryan.singletary@va.gov. No telephone inquiries will be accepted. All inquiries shall be received no later than three calendar days following the solicitation posting date.

6. DUNS NUMBER: Please provide the Dun and Bradstreet Number assigned to your firm in the space provided below (refer to Provision 52.212-1, Instructions to Offerors – Commercial Items, (j) Data Universal Numbering System (DUNS) Number; if an offeror does not have a number, phone and email information for obtaining are listed within this Provision):

DUNS# _________________________________

7. NOTIFICATION TO ALL OFFERORS: Federal Acquisition Regulations require all contractors conducting business with the Government to be registered into one online database: The System for Award Management, SAM.GOV

It is imperative that you complete these registrations in order to be considered for contract award.

Award cannot be made to a contractor not registered in this system. A copy of the SAM.GOV document must be attached to the solicitation proposal submission.

Description of Agreement

1.1 1.1 The VISN 22 Network Contracting Office, Long Beach, CA, (hereafter referred to as the NCO

22) shall award this firm fixed price IDIQ (indefinite delivery indefinite quantity) contract using Simplified Acquisition Procedures in accordance with Federal Acquisition Regulations FAR Part 13 and Acquisition of Commercial Items FAR Part 12. NCO 22 anticipates award of a Firm-Fixed Price, Requirements Contract.

1.2 The contractor shall deliver fresh bread and bread products to the participating VA Healthcare facilities listed in this solicitation. Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work (SOW), by the Point of Contact (POC).

Orders shall be placed by telephone, in writing via fax, or given to Contractor personnel as mutually agreed upon between the facilities COR and Contractor.

1.3 The Government reserves the right to make multiple awards in the best interest of the Government. Multiple awards may be made for various VA Healthcare Centers.

1.4 Participating Facilities: (Additional Facilities within VISN 22 may be added to this agreement with an exercise of a supplemental agreement between the CO and Contractor. A POC shall be assigned from each facility as a primary point of contact.

VA San Diego Healthcare System (VASDHS) Nutrition and Food Service, Main Kitchen Loading Dock 3350 La Jolla Drive, San Diego, CA 92161

VA Greater Los Angeles Healthcare System (VAGLAHS) Nutrition Food Service, Main Kitchen Load Dock, Bldg. 300 11301 Wilshire Blvd., Los Angeles, CA 90073

VA Loma Linda Healthcare System (VALLHS) Nutrition and Food Service, Main Kitchen Loading Dock 11201 Benton Street, Loma Linda, CA 92357

B.2 SCHEDULE OF SUPPLIES

All quantities are estimated based upon past usage by the VA San Diego, GLA and Loma Linda Healthcare Systems.

1.1 VA LOMA LINDA HEALTHCARE SYSTEM

BASE YEAR: 5/1/2020 TO: 4/30/2021

Type Unit Quantity Unit Price Ext.

Cost

White Bread - Loaf EA 1000 Amish Pain-De-Mie sliced - Loaf EA 288

BUNS

Wheat Hamburger Buns PG 468 White Hot Dog Buns PG 252

DINNER ROLLS

Fig & Honey Dinner Roll – (DZ) DZ 276 Rosemary & Sage Dinner Roll – (DZ) DZ 324 Olive Dinner Roll – (DZ) DZ 264 Cheese Dinner Roll – (DZ) DZ 264 Cran, Orange, Walnut Dinner Roll – (DZ) DZ 192 Base Year Price $

1.2 VA LOMA LINDA HEALTHCARE SYSTEM

OPTION YEAR 1: 5/1/2021 TO: 4/30/2022

Type Unit Quantity Unit Price Ext.

Cost

White Bread - Loaf EA 1000 Amish Pain-De-Mie sliced - Loaf EA 288

BUNS

Wheat Hamburger Buns PG 468 White Hot Dog Buns PG 252

DINNER ROLLS

Fig & Honey Dinner Roll – (DZ) DZ 276 Rosemary & Sage Dinner Roll – (DZ) DZ 324 Olive Dinner Roll – (DZ) DZ 264 Cheese Dinner Roll – (DZ) DZ 264

Option Year Price $

1.3 VA LOMA LINDA HEALTHCARE SYSTEM

OPTION YEAR 2: 5/1/2022 TO: 4/30/2023

Type Unit Quantity Unit Price Ext.

Cost

White Bread - Loaf EA 1000 Amish Pain-De-Mie sliced - Loaf EA 288

BUNS

Wheat Hamburger Buns PG 468 White Hot Dog Buns PG 252

DINNER ROLLS

Fig & Honey Dinner Roll – (DZ) DZ 276 Rosemary & Sage Dinner Roll – (DZ) DZ 324 Olive Dinner Roll – (DZ) DZ 264 Cheese Dinner Roll – (DZ) DZ 264

1.4 VA LOMA LINDA HEALTHCARE SYSTEM

OPTION YEAR 3: 5/1/2023 TO: 4/30/2024

Type Unit Quantity Unit Price Ext.

Cost

White Bread - Loaf EA 1000 Amish Pain-De-Mie sliced - Loaf EA 288

BUNS

Wheat Hamburger Buns PG 468 White Hot Dog Buns PG 252

DINNER ROLLS

Fig & Honey Dinner Roll – (DZ) DZ 276 Rosemary & Sage Dinner Roll – (DZ) DZ 324 Olive Dinner Roll – (DZ) DZ 264 Cheese Dinner Roll – (DZ) DZ 264

1.5 VA LOMA LINDA HEALTHCARE SYSTEM

Type Unit Quantity Unit Price Ext.

Cost

White Bread - Loaf EA 1000 Amish Pain-De-Mie sliced - Loaf EA 288

BUNS

Wheat Hamburger Buns PG 468 White Hot Dog Buns PG 252

DINNER ROLLS

Fig & Honey Dinner Roll – (DZ) DZ 276 Rosemary & Sage Dinner Roll – (DZ) DZ 324 Olive Dinner Roll – (DZ) DZ 264 Cheese Dinner Roll – (DZ) DZ 264

1.6 VA SAN DIEGO HEALTHCARE SYSTEM

BASE YEAR: 5/1/2020 TO: 4/30/2021

Type Unit Quantity Unit Price Ext. Cost White Bread - Loaf EA 250 Wheat Bread - Loaf EA 760 Cinnamon Raisin Bread – Loaf Sliced EA 50

BUNS

White Hamburger Buns PG 36 White Hot Dog Buns PG 34 Whole Wheat Hamburger Buns PG 214

DINNER ROLLS

White Dinner Roll - 12/PKG PG 100 Whole Grain Dinner Roll Par-Baked PG 262

1.7 VA SAN DIEGO HEALTHCARE SYSTEM

OPTION YEAR 1: 5/1/2021 TO: 4/30/2022

Type Unit Quantity Unit Price Ext. Cost White Bread - Loaf EA 250 Wheat Bread - Loaf EA 760 Cinnamon Raisin Bread – Loaf Sliced EA 50

BUNS

White Hamburger Buns PG 36 White Hot Dog Buns PG 34 Whole Wheat Hamburger Buns PG 214

DINNER ROLLS

White Dinner Roll - 12/PKG PG 100

1.8 VA SAN DIEGO HEALTHCARE SYSTEM

OPTION YEAR 2: 5/1/2022 TO: 4/30/2023

Type Unit Quantity Unit Price Ext. Cost White Bread - Loaf EA 250 Wheat Bread - Loaf EA 760 Cinnamon Raisin Bread – Loaf Sliced EA 50

BUNS

White Hamburger Buns PG 36 White Hot Dog Buns PG 34 Whole Wheat Hamburger Buns PG 214

DINNER ROLLS

White Dinner Roll - 12/PKG PG 100

1.9 VA SAN DIEGO HEALTHCARE SYSTEM

OPTION YEAR 3: 5/1/2023 TO: 4/31/2024

Type Unit Quantity Unit Price Ext. Cost White Bread - Loaf EA 250 Wheat Bread - Loaf EA 760 Cinnamon Raisin Bread – Loaf Sliced EA 50

BUNS

White Hamburger Buns PG 36 White Hot Dog Buns PG 34 Whole Wheat Hamburger Buns PG 214

DINNER ROLLS

White Dinner Roll - 12/PKG PG 100

2.0 VA SAN DIEGO HEALTHCARE SYSTEM

OPTION YEAR 4: 5/1/2024 TO: 4/30/2025

Type Unit Quantity Unit Price Ext. Cost White Bread - Loaf EA 250 Wheat Bread - Loaf EA 760 Cinnamon Raisin Bread – Loaf Sliced EA 50

BUNS

White Hamburger Buns PG 36 White Hot Dog Buns PG 34 Whole Wheat Hamburger Buns PG 214

DINNER ROLLS

White Dinner Roll - 12/PKG PG 100

2.1 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

BASE YEAR: 5/1/2020 TO: 4/30/2021

Type Unit Quantity Unit Price Ext. Price White Bread, enriched, fresh sliced, style-regular slice, shape-sandwich, not continuous mixed, approximately 24 oz loaf minimum 21 sliced per loaf.

EA 2255

Whole Wheat Bread, Fresh sliced, style-regular slice, shape-sandwich, containing minimum 3 gram of fiber per loaf, slice B, style 1, minimum 21 slices per loaf

BUNS

White Hamburger Buns – Rolls, Class- Hamburger, Fresh, Style – White, Enriched, Sliced, Plain, seedless, 4” dia., 6 Per package

PG 5175

White Hot Dog Buns -Rolls, Hot Dog, White, Class B, Sliced, 6” Length, 12 per package.

PG 3100

DINNER ROLLS

Sourdough Dinner Roll - Class-Dinner, Style-Sough dough, Par-Baked, Soft, Enriched, 96 per box

BX 4000

French Roll - Style-White, Fresh, Enriched, Hearth Baked, 6”, Sliced, Hinged, 12 per package

PG 8350

Multi-Grain Dinner Roll – Rolls, Class- Dinner, Fresh, Unsliced, Style-Multi-Grain, Pan-Baked Soft, 12 per package

PG 280

Pretzel Dinner Roll – Fresh, 12 per

PG 3310

2.2 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

OPTION YEAR 1: 5/1/2021 TO: 4/30/2022

Type Unit Quantity Unit Price Ext. Price White Bread, enriched, fresh sliced, style-regular slice, shape-sandwich, not continuous mixed, approximately 24 oz minimum 3 gram of fiber per loaf, slice B, Hamburger, Fresh, Style – White, Enriched, Sliced, Plain, seedless, 4” dia., 6

Style-Sough dough, Par-Baked, Soft,

2.3 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

OPTION YEAR 2: 5/1/2022 TO: 4/30/2023

Type Unit Quantity Unit Price Ext. Price White Bread, enriched, fresh sliced, style-regular slice, shape-sandwich, not continuous mixed, approximately 24 oz minimum 3 gram of fiber per loaf, slice B, Hamburger, Fresh, Style – White, Enriched, Sliced, Plain, seedless, 4” dia., 6

Style-Sough dough, Par-Baked, Soft,

2.4 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

OPTION YEAR 3: 5/1/2023 TO: 4/30/2024

Type Unit Quantity Unit Price Ext. Price White Bread, enriched, fresh sliced, style-regular slice, shape-sandwich, not continuous mixed, approximately 24 oz minimum 3 gram of fiber per loaf, slice B, Hamburger, Fresh, Style – White, Enriched, Sliced, Plain, seedless, 4” dia., 6

Style-Sough dough, Par-Baked, Soft,

2.5 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

OPTION YEAR 4: 5/1/2024 TO: 4/30/2025

Type Unit Quantity Unit Price Ext. Price White Bread, enriched, fresh sliced, style-regular slice, shape-sandwich, not continuous mixed, approximately 24 oz minimum 3 gram of fiber per loaf, slice B, Hamburger, Fresh, Style – White, Enriched, Sliced, Plain, seedless, 4” dia., 6

Style-Sough dough, Par-Baked, Soft, B.3 STATEMNET OF WORK

Objective

The contractor will provide fresh bread products listed on the schedule to the VA Greater Los Angeles, San Diego and Loma Linda Healthcare Systems. Orders shall be placed by email, telephone, or in writing via fax, as mutually agreed upon between the facility point of contact (POC) and contractor one business day prior to the anticipated delivery date.

Period of Performance

The awarded contract shall be for 12 months from the date of award plus 4 12-month option periods.

Compliance with Federal Laws and Regulations

1. All deliveries shall conform in every respect to the provision of the federal food, drug, and cosmetic Act USC title 21, chapter 9 (FD&C Act) and regulation promulgated there under.

2. Where applicable, the interpretation of requirements (Descriptive terms), methods ascertaining grades, testing, etc., shall bee in accordance with those contained in the U.S. standards for the particular products in effect on the date of solicitation.

3. The contractor agrees to provide the products listed to the VAGLAHS, VASDHS, and the VALLHS for base period, and option years if exercised by the Government. Deliveries shall be in such quantities and at such times as may be required in accordance with all terms, conditions, provisions, and schedules of this contract.

4. All products furnished under this contract shall be processed and packaged under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S.

Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt, filth or contamination. All ingredients shall be clean, sound, wholesome and free from evidence of rodent or insect infestation. Failure to comply with provision shall be considered grounds for default of the contract.

5. Ingredients for fresh or frozen bread and bakery products shall consist of flour, water, salt, yeast, emulsifiers or stabilizers, and other ingredients appropriate for the type of bread specified in the schedule of products. The fresh or frozen bread include mold inhibitors of proper levels as allowed by the federal Food, Drug and Cosmetic Act.

6. Products shall be delivered in an enclosed truck, which protects the bread products from dirt or other contamination. Bread products shall be delivered on racks and not stacked one on top the other unless separated by shelving or spacers. All loaves, packages and individually wrapped breads and rolls will be clearly labeled with the expiration or “used by” date.

Product Requirements

1. Enriched Flour: When the bread or bakery product is enriched, the wheat flour used for the bread shall conform to the U.S. Standards of Identity for Enriched Flour (1 CFR 137.165) and shall be milled from a variety of hard and or soft wheat.

2. Appearance and Color: The fresh or frozen bread and applicable bakery products shall have a uniformly brown crust which is characteristic of the bread product. The fresh or frozen bread and baker products shall have a typical volume, characteristic grain, and be evenly baked and without evidence of foreign odors or flavors, burnt, scorched, stale, rancid or moldy. The delivered products shall not be crushed o damaged.

3. Freshness Requirements for Bread Products:

Fresh bread and bakery products shall conform to the following freshness requirements:

a. Bread (Loaf, muffins, hamburger and hotdog rolls) shall be delivered to the VA Facilities within 24 hours after baking.

b. Brown and serve rolls shall be delivered within 36 hours after production.

Packaging, Packing and Labeling

1. Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage during normal shipping conditions, handling, etc., and shall conform to normal commercial practice and applicable carrier rules and regulations involving shipment from the contractor to the receiving activity for storage. Shipping containers shall be incompliance with National Motor Freight Classification and Uniform Freight classification (Issue in effect at the time of shipment).

2. All packaging shall be in accordance with good commercial practice.

3. Labeling shall be in accordance with commercial labeling, complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated there under.

4. All items must be identified with readable dates (open code dates0, or color-coded dates. The product color code shall explain the actual date of production. The successful offeror shall furnish the POC and the contracting officer with the instructions for deciphering the date on which the pasteurization process was completed. This information is to be furnished within five days of award of a contract. Failure to comply with this requirement will render a contract in default and grounds for termination.

Deliveries

Deliveries shall be made to the area(s) listed, unless otherwise directed by the POC or designated individual shall sign for all deliveries. Off-loading of products shall occur in the presence of VA authorized receiving personnel as indicated (contact person) or his/her designated representative.

CONTRACTOR DELIVERY REPSONSIBILITIES:

Delivery location Delivery Days Delivery Time POC Contact number VA Greater Los Angeles Healthcare Systems Nutrition and Food Services; Main Kitchen Loading Dock

Mon, Tues, Thurs, Friday and Saturday

Between the hours of 6:30-8:00 a.m.

TBA TBA

San Diego Healthcare Systems Nutrition and Food Services; Main Kitchen Loading Dock

Mon, Tues, Thurs, Friday and Saturday

Between the hours of 6:30-8:00 a.m.

TBA TBA

Loma Linda Healthcare Systems Nutrition and Food Services; Main Kitchen Loading Dock

Mon, Tues, Thurs, Friday and Saturday

Between the hours of 6:30-8:00 a.m.

TBA TBA

Replacement of rejected products(s) shall be delivered the same day no later than 1:00 pm, unless otherwise specified by the POC.

NO DELIVERIES WILL BE REQUIRED ON SUNDAYS OR NATIONAL LEGAL HOLIDAYS. THIS IS

APPLICABLE TO ALL DELIVERY POINTS.

In accordance with 5 U.S.C. 6103, Executive order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”

New Year’s Day January 1st Martin Luther King’s Birthday Third Monday in January President’s Day Last Monday in January Memorial Day Last Monday in January Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th

When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies.

NOTE: If delivery falls on a holiday, the contractor must then delivery the next business day unless the POC at the VA Facility; makes other arrangements.

Delivery of Goods: The government reserves the rights to inspect delivered goods for compliance of specifications, including, but not limited to correct product(s) and quantities, proper packaging, damage goods, etc. The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designed, Validated Hazardous Analysis Cri9tical Control Point (HACCCP) plan.

Any item(s) determined unacceptable shall be refused with full credit/replacement, at the discretion of the Government.

Delivery Vehicles: The Government further reserves the right to enter and inspect any vehicle used to deliver good to assure the safe and sanitary transport of items ordered. Such inspection shall be made on a random basis, upon delivery, at the discretion of the POC.

Inspection of Facilities: The Government may, prior to contract award or at any time during the term of the contract inspect the Contractor’s plant, personnel, equipment and process to ensure compliance with State/Federal sanitation regulation requirements.

All products furnished under the awarded contract shall be process at plants that have been inspected by Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meets these requirements, provided that the inspections were made not more than six (6) months prior to the proposed contract period.

Physical Security and Facility Considerations

1. The contractor employees and/or Subcontractors approved by the POC shall wear visible identification at all times while on the premises of the facilities with the VISN. Identification shall include but not be limited to a company identification care, which shall include the company name, employee name, title, and a photograph of the employee. Contractor employees shall maintain a professional appearance commensurate to their industry.

2. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

3. Any interior or exterior doors that shall be unlocked to gain access shall be kept locked during the performance of work unless it results in the creation of a safety hazard. In those instances the Contractor is responsible to take necessary actions to maintain the same level of security prior to gaining access/performing work. Should any other devices need to be unlocked like an entry gate, those devices shall be locked immediately upon entry or exit. At no time shall the Contractor allow any person into a locked area or lean keys/access cards to another person. Contractor may be held in default for failure to comply with this requirement and subject the Contractor and its employee to contractual and other legal remedies.

4. Contractor personnel are required to check into the facility Police & Security office at each visit to pick up a “contractor” badge prior to contracting the POC. The Contractor’s staff shall also be required to sing in and out each day at a designated location determined by the POC.

5. The Contractor agrees that one of its officers or employees shall use or reveal any research, statistical, medical, or security information which may be obtained during the performance of the work or as a result of their presence on Government premises without the written consent of the Government.

6. Smoking is prohibited inside any buildings at facilities with VISN 22.

7. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

8. The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call. The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

Manufacturing Standards

When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code.

Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable.

The POC, in accordance with the Contracting Officer, will accept or reject the product.

Authorization

The contractor shall contact the Contracting Officer on all matters pertaining to administration.

Subcontractors: The Contracting Officer shall approve/disapprove all subcontractors used at any time during this contract. Contractor shall list the name and address of all subcontractors. The Contracting Officer shall be notified immediately if the Contractor should change any of the subcontractor(s) utilized for this contract and provide their name and address. Contracting Officer shall approve/disapprove subcontractors.

Ordering Capabilities

The POC or other delegate of Nutrition and Food Service shall place orders by email, telephone, in writing via fax, or any manner consistent with accepted business practices one business day prior to the anticipated delivery date.

An order number will be provided to each facility at the time the order is placed.

Availability, Substitutions and Alternates:

Contractor will order quantities of products based on the facility’s menu needs, with oversight and concurrence from facility.

All products offered will be available to be ordered for delivery at any station location listed in the contract.

Any proposed alternate items shall meet the requirements of the Government specifications as cited in the Index of Federal Specifications/Standards (FED) and or commercial Item Description (CID). A-A- 20052B and A-A-20053B.

Contractor will not substitute any items and will not increase or decrease quantities ordered without prior approval from the POC.

Should any product under this contract become unavailable or available on a limited basis, either temporarily or permanently, the Contract shall provide the Government with sufficient notification thereof, offering possible substitutions and/or alternative sources, to afford the Government adequate opportunity to approve or reject offered substitution and/or make other procurement arrangements.

The Government does not guarantee the estimated yearly quantity.

1.1 CONTRACT AGREEMENT ADMINISTRATION DATA

1.1.1 Ordering, Invoice, and Payment: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom they Government facilities shall place order:

Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

Name:

1.1.2 Payment Address: The Contractor shall submit in arrears properly completed individual itemized invoices in accordance with the address below.

VA Finance Center

PO Box 149971

Austin, TX 78714 www.tungsten-network.com

1.1.3 Invoice Information: The following information shall be listed on all invoices (Failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor):

Facility’s Name and address where service was provided;

Contract Number (For Example: VA262-PC-1155);

Purchase Order Number (For Example: VA262-13-J-0001);

Obligation Number (For Example: VA600-C27001);

A Line Item breakdown of usage for example:

Line Item 1 Wheat Bread: 10 EA at $4.00 for a total of $40.00;

Line Item 2 White Bread: 20 EA at $4.00 for a total of $40.00;

Include the period of time that is being invoiced for in the invoice;

Contract Holder’s Internal Contract Number (if applicable);

Point of contact for concerns and questions (Must name a specific person, phone number, and email) http://www.tungsten-network.com/

1.2 CONTRACT PROGRAM MANAGER

1.2.1 The Contractor shall provide a Contract program manager who shall be responsible for the performance of the work under the Contract. In addition, the program manager shall act as the main focal point of communication between the Contracting Officer and the Contractor. The name of this person shall be designated in writing to the Contracting Officer. The program manager shall have full authority to act on behalf of the Contractor on all contractual matters relating to daily operation of the Contract.

Company Name:

1.3 INSURANCE REQUIREMENTS:

The contractor is required to provide copies of proof of Worker’s Compensation that complies with Federal and State Worker’s Compensation and Occupational disease statues, and provide proof of General Liability Insurance, within fifteen (15) calendar days after notification of contract award.

SECTION C - CONTRACT CLAUSES

C.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

C.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

https://www.sam.gov/ https://www.sam.gov/

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.