Solicitation 36C26223Q0152.docx

36C26223Q0152

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist David Odne david.odne@va.gov 562-766-2328

PLACE OF PERFORMANCE

VA Greater Los Angeles Healthcare System

11301 Wilshire Blvd

Los Angeles CA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

1. This is a combined synopsis/solicitation for commercial services/items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

1.A. Project Title: Produce for VA GLA 1.B. Project Location: VA Greater Los Angeles Healthcare System, 11301 Wilshire Blvd. Los Angeles, CA 90073 1.C. Solicitation Type - Number: Request for Quotes (RFQ) - 36C26223Q0152.

1.D. Set Aside: This solicitation is set aside for Small Business entities 1.E. Applicable NAICS code: 311991, Perishable Prepared Food Manufacturing 1.F. Small Business Size Standard: 500 Employees 1.G. Type of Contract: Firm Fixed Price 1.H. Period of Performance: 1/1/2023 – 12/31/2023

2. Key Milestones 2.A. Submit any questions regarding this procurement via email to david.odne@va.gov no later than 11:00 AM Wednesday, December 7, 2022. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephonic questions will not be accepted or returned. RFI responses will be responded to as necessary in amendment format which will be posted to contract opportunities at https://beta.sam.gov/.

2.C. Submit written offers in accordance with the following instructions, as well as Addendum to FAR 52.212-1, Instruction to Offerors. Oral offers will not be accepted. Complete and submit the enclosed Form 1449 via email no later than 11:00 AM Friday December 16, 2022 to david.odne@va.gov. Ensure the following are complete and signed as needed:

2.C.2.a. Vendor Information 2.C.2.b. Acknowledgement of amendments 2.C.2.c. Schedule of services Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice 2.C.2.d. FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items

Combined Synopsis/Solicitation Notice

PAGE

1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ____________________

____________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET

FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26223Q0152 11-21-2022 David Odne 562-766-2328 12-09-2022

11:00 AM

PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 311991 Employees N/A X 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 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 Submit invoices electronically through https://portal.tungsten-network.com

See CONTINUATION Page This solicitation is issued to obtain produce for the VA GLA Healthcare System Period of Performance: 1/1/2023 - 12/31/2023 Delivery Location: VA West Los Angeles Healthcare System Nutrition and Food Service; Main Kitchen Loading Dock, Bldg. 300 11301 Wilshire Blvd, Los Angeles, CA 90073 Submit offers no later than 11 :00 AM PT, Friday 12/ /2022 See CONTINUATION Page X Peter Kim Contracting Officer Page 1 of 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 36C262 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:

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.

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

SCOPE: The contractor shall deliver fresh fruits and vegetables products to Greater Los Angeles Healthcare Systems. Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work {SOW), by the Contracting Officer Representative (COR). Orders shall be placed by email, telephone, in writing via fax, or given to Contractor personnel as mutually agreed upon between the facility COR and Contractor. The awarded contract shall for 12 months from the date of award.

The Period of Performance is 1/1/2023 to 12/31/2023.

VA Greater Los Angeles Healthcare System Nutrition and Food Service; Main Kitchen Loading Dock, Bldg. 300 11301 Wilshire Blvd Los Angeles, CA 90073

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. ORDERS:

The Contracting Officer's Representative {COR) of Nutrition and Food Service shall place orders by email, telephone, in writing via fax, or any manner consistent with accepted business practices. Orders should be placed no later than 24 hours prior to delivery date. Emergency orders may be placed same day of delivery. When required, the Government shall request written confirmation of the oral calls to confirm the requested order.

2. PACKAGING:

a. All products shall be prepared and packaged under modern sanitary conditions in strict accordance with the 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 and contamination. All products/ingredients shall be clean, sound, wholesome and free from evidence of rodent or insect infestation. Failure to comply with this provision shall be considered grounds for default of the contract.

b. All packaging shall be in accordance with commercial labeling complying with Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

c. All vegetables and salads shall be grade A or U.S. NO. 1. Salads shall be thoroughly washed in water, Process/Pre-cut vegetables shall be vacuum packed/heat seal in heavy duty food grade plastic bags {2-1/2mm minimum), pin-hole free, in a temperature-controlled atmosphere (i.e. vegetables are to be precooled, packed under refrigerated conditions.) Garden salad and spinach are not to be vacuum packed, but heat sealed. The level of vacuum to be adjusted to the type of product. No preservatives shall be added to per-cut items. Each bag/tray for vegetables and salads (including 4 and 8 oz.) containers, shall be stamp with a "Use-by" date label showing expiration date of five (S) days from the date of delivery. Unopened vegetables must be guaranteed to remain in fresh, crisp condition for at least five (5) days after delivery. One (1) oz. per-package carrots are to have a manufacturing Use-by date of 14 days from date of delivery. Sliced/diced tomato shall be packed in rigid containers that allow drainage of water off the product according to the latest approved industry standards to maintain a 5-day shelf life. Failure to comply with this requirement shall render this contract into default and termination.

d. All items must be identified with readable, open code dates.

e. 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 practices and applicable carrier rules and regulations involving shipment from contractor to the receiving activity for storage. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification (issues in effect at time of shipment).

3. DELIVERIES:

a. All deliveries shall conform in every aspect to the provisions of the Food, Drug and Cosmetic Act, USC Title 21, Chapter 9 (FD&C Act) and regulations promulgated there under.

b. Where applicable, the interpretation of requirements (descriptive terms), methods ascertaining grades, testing, etc., shall be in accordance with those contained in the U.S. Standards for the products in effect on the date of solicitation.

c. Deliveries shall be made to the Department of Veterans Affairs VA Greater Los Angeles Healthcare System, Bldg. 300, 11301 Wilshire Blvd, Los Angeles, CA 90073 Back Dock/Kitchen Receiving area, unless otherwise directed by the COR

d. Deliveries shall be made of specified items in quantities indicated in the purchase order.

e. Deliveries shall be made in a temperature controlled refrigerated vehicle capable of maintaining temperature between 35-41 degrees Fahrenheit. Deliveries made in a vehicle not maintaining this temperature will be rejected.

f. Offloading of product shall occur in the presence of VA authorized receiving personnel only.

g. Contractor shall be responsible for providing hand trucks, dollies for produce, required to affect delivery to appropriate location.

h. Deliveries shall be made during specific times on specific days specified by the Nutrition and Food Service Department.

i. In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97, the following holidays are observed and for the purposes of this contract are defined as "Legal Federal Official Holidays":

When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government Agencies. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

4. INSPECTIONS:

a. The Government reserves the right to inspect delivered goods for compliance of specifications, including, but not limited to, correct product(s) and quantities, proper packaging, damaged goods, etc. The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designed, Validated Hazardous Analysis Critical Control Point (HACCP) Plan.

b. Any items determined unacceptable shall be refused with full credit/replacement, at the discretion of the Government. Replacement of rejected products shall be delivered the same day no later than 1:00 p.m., unless otherwise specified by the COR.

c. The Government further reserves the right to enter and inspect any vehicle used to deliver goods for, but not limited to, compliance of sanitation conditions, proper refrigeration, etc. Such inspection shall be made on a random basis, upon delivery, at the discretion of the COR.

d. Facilities: The Government may, prior to the 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 and federal sanitation regulation requirements. All products furnished under the awarded contract shall be processed at plants that have been inspected by Federal Government. Approved inspection reports or 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 period.

(1) Contractor shall provide here under the name and address of the plant(s) to be utilized for performance of this contract:

(2) In the event another Federal Agency has inspected the plant listed, within the past year, please indicate the agency's name:

5. LABORATORY REPORTS:

Upon request the Contractor shall provide the Contracting Officer with a copy of laboratory reports, prepared by an official of a Federal, State, or County laboratory and shall include chemical and bacteriological examination results and certification that adequate Public Health controls are in effect at the plant and are being observed.

6. CONTRACTOR DELIVERY PERSONNEL:

All Contractor delivery personnel shall be required to wear a full company uniform, which clearly displays the name of the company and the individual, and shall be of a neat, clean appearance with appropriate hair containment. Contractor's employees shall wear identification (ID) badges during the entire period of time while on VA Facility. ID badges must have an identifying picture, name of the individual and the represented company depicted.

7. EVALUTATION FACTOR FOR AWARD:

The basis for award shall be made to the responsible Offeror, who conforming to this Solicitation, is determined to be the lowest price.

8. THE HAZARDOUS ANALYSIS CONTROL POINTS (HACCP) PLAN:

The contractor shall demonstrate compliance with performance standards by showing process adherences to an appropriately designed validated HACCP plan. The contractor shall provide valid HACCP plan to the VA San Diego and VA Greater Los Angeles Healthcare Systems upon request.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

APPLE, GALA, FRESH, 2.75 INCH WASHINGTON EXTRA FANCY, 125 COUNT/CASE

AVOCADO (HASS), FRESH, U.S. NO 1, MATURE, WELL COLORED, AND WELL TRIMMED. PACK 6 COUNT BAG

BANANA, PETITE, FRESH, 150 COUNT/CASE, RIPENESS SCALE #4, MORE YELLOW THAN GREEN, FIRM, CUT FULL TOP FINGER, LEVEL C PACKAGING, FED-Y-B-91D. 40 LB CASE.

BROCCOLI, FRESH, U.S. FANCY, FREE FROM DAMAGE OR DISCOLORATION, WELL TRIMMED, BUNCHED

CABBAGE, GREEN, FRESH, U.S. NO. 1, DICED, TRIMMED-CORED, 2 INCHES X 2 INCHES, 4/5 POUND VACUUM SEAL BAGS PER CASE. LABELED WITH A 5 DAY EXPIRATION DATE.

CANTALOUPE, FRESH, 4 OZ, U.S. NO. 1, DRY, CHUNK, 1" MAX DIA. NO TALLER THAN 3" AND LABELED WITH A FIVE DAY EXPIRATION DATE. PIECES ARE TO BE FIRM, NOT WATERY, DISCOLORED.

CARROT, BABY, FRESH, READY TO USE, PEELED, 100-2 OZ BAG PER CASE, A-A-20191B, STYLE IV, SIZE A. ALL BAGS SHOW MFG. 14 DAY EXPIRATION DATE.

CARROT, FRESH, SHEDDED CUT, 2 INCH X 1/8 INCH, STYLE III, SIZE B. PACKED 4/5 LBS. PLASTIC BAG. ALL BAG ARE TO BE VACUUM SEALED AND LABELED WITH A 5 DAY EXPIRATION DATE.

CELERY, FRESH, DICED, 1/4 INCH, U.S. NO. 1 GRADE, PACKED IN 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A FIVE DATE EXPIRATION DATE.

CELERY, FRESH, STALK, U.S. GRADE NO. 1. WELL FORMED, FREE FROM DISCOLORATION AND WILTING. BUNCH

CUCUMBERS, WHOLE, FRESH, WELL COLORED, FIRM, FREE FROM DECAY, SHALL NOT EXCEED 5-1/2 INCHES IN LENGTH OR 1-7/8 INCHES IN DIAMETER, BUT THE LENGTH SHALL BE NOT LESS THAN 2-1/2 TIME THE DIAMETER. EACH

FRUIT SALAD MIX CUP, FRESH CUT, 4 OZ CUP, MIX OF FRESH FRUIT CHUNKS, 1 INCH DIA. TO BE CANTALOUP, HONEYDEW AND RED SEEDLESS GRAPES, PACKED IN PLASTIC CUP LESS THAN 3" TALL. ALL CUPS TO BE DATE LABELED WITH A 5 DAY EXPIRATION DATE.

GREEN ONIONS, U.S. NO 1, FREE FROM DAMAGE OR DECAY, WELL FORMED, CLIPPED TOPS, BUNCH

LEMON, FRESH, U.S. NO. 1 GRADE, SIZE 200 COUNT, FED-Y-V-1741/10. LEVEL C PACKAGING. PACKED IN 5 POUND PLASTIC BAGS

LEMONS, SLICES 1/4", FRESH, 5 POUND TUB. ARE TO BE LABELED WITH A FIVE (5) DATE EXPIRATION DATE.

LEMON, FRESH, U.S. NO. 1 GRADE, SIZE 200 COUNT, FED-Y-V-1741/10. LEVEL C PACKAGING. PACKED IN 5 POUND PLASTIC BAGS

MIX, SALAD, FRESH, CHOPPED RED CABBAGE 10%, ROMAINE LETTUCE 80% AND SHREDDED CARROTS 10%. PACKED 4/5 POUND PLASTIC BAG CASE. A-A-20316, TYPE II, STYLE H. CABBAGE TYPE 1, STYLE M. ALL BAG ARE TO BE SEAL AND LABELED WITH A 5 DAY EXPIRATIN DATE. ICEBERG LETTUCE IS NOT BE USED OR SUBSITUTED IN THIS MIX..

MUSHROOM, FRESH, SLICED, WHITE, MEDIUM 1-1/4 INCH TO 1-3/4 INCH, U.S. NO 1 GRADE, PACKED 4/2.5 POUND PLASTIC BAG/CASE. LABELED WITH A 5 DAY EXPIRATION DATE.

NECTARINE, FRESH, WHOLE, MEDIUM, U.S. EXTRA NO. 1, 28-56 COUNT/CASE.TO BE ORDERED JUNE-SEPT ONLY

ONION, RED, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH SLICED FOR HAMBUGERS, PACKED 5 POUND VACUUM SEALED PLASTIC BAG, LABELED WITH A 5 DAY EXPIRATION DATE.

ONION, YELLOW, FRESH, DICED 1/4 INCH, PEELED, PACK IN 5 POUND VACUUM SEAL PLASTIC BAG. DATE LABEL WITH A 5 DAY EXPIRATION DATE.

ONION, YELLOW, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH SLICED FOR HAMBUGERS. PACKED 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DAY EXPIRATION DATE.

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO 1, PEELED, 10 POUND TUB, WHOLE SEGMENT, NOT BROKEN, WATERY, DISCOLORED. LABELED WITH A 5 DAY EXPIRATION DATE.

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO. 1, PEELED, 4 OZ CUP, CONTAINER NOT TO EXCEED 3 INCHES IN HEIGHT, WHOLE SEGMENT, NOT BROKEN, WATERY, DISCOLORED.

ORANGE, FRESH, NAVEL, U.S. NO. 1 GRADE, 113 COUNT/CASE, LEVEL C PACKAGING, FED Y-F-1741/13. 40 POUND CASE

PARSLEY, FRESH U.S. NO. 1 GRADE, CURLY LEAF, GOOD GREEN COLOR. FREE FROM DECAY, SEED STEMS, YELLOW OR DISCOLORED LEAVES, WILTING, FREEZING, DIRT. FED Y-F-1741/20. PACKED IN 1 POUND PLASTIC BAG LABELED WITH A 5 DAY EXPIRATION DATE. LEVEL C PACKAGING.

PEAR, BARTLETT, GREEN, FRESH, U.S. NO. 1 MATURE, FIRM, RIPE, WELL FORMED, FREE FROM DECAY AND DAMAGE, CLEAN. 135 COUNT/CASE.

PEPPER, BELL GREEN, WHOLE FRESH, U.S. FANCY (CHOPPERS), MATURE, SWEET, FIRM, WELL SHAPED, NOT SERIOUSLY MIS-SHAPED, DIAMETER NOT LESS THAN 3 INCHES. LENGTH NOT LESS THAN 3 1/2 INCHES, PACK 5 POUND TRAY

PEPPER, GREEN, FRESH, DICED 1/4 INCH, U.S. NO 1 GRADE, PACKED IN 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DATE EXPIRATION DATE.

PEPPER, RED, BELL, U.S. FANCY, FREE FROM DECAY, WHOLE, FRESH, EACH

PLUM, FRESH, BLACK, WHOLE, MEDIUM, U.S. NO 1, 50/60 COUNT/CASE. TO BE ORDERED JUNE-SEPT ONLY.

POTATO, FRESH, PEELED, DICED 1/2 INCH, U.S. NO. 1 GRADE, RUSSET WHITE, PACKED 10 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DAY EXPIRATION DATE.

POTATO, RUSSET, FRESH, 120 COUNT CASE

POTATOES, RED, U.S. NO. 1, QUARTERED 1/2" X 2", SKIN ON, 10 POUND BAG. PACK IN VACUUM SEAL BAG AND LABELED WITH A 5 DATE EXPIRATION DATE.

SPINACH, FRESH, LEAF, WASHED, CLEANED, U.S. NO. 1 GRADE, PACKED 4/2.5 POUND PLASTIC BAG/CASE. ALL BAGS TO BE LABELED WITH A 5 DAY EXPIRATION DATE

TANGERINE, SATSUMA, FRESH, SEEDLESS, U.S. NO. 1, 5 POUND CASE. NO LEAVES, STEM ATTACHED TO FRUIT.

TOMATO, FRESH, SLICED, 1/4 INCH CUT THICK, U.S. NO. 1 GRADE, 2 1/2 INCHES MINIMUM DIAMETER, LIGHT RED TO RED, 90 COUNT PER TRAY. PACK IN CONTAINER ACCORDING TO APPROVED INDUSTRY STANDARDS TO DRAIN EXCESS LIQUID AWAY FROM PRODUCT. LABELED WITH A 5 DAY EXPIRATION DATE.

WATERMELON, FRESH, RED MEAT, DRY, U.S. NO. 1, 8 OZ PLASTIC CUP. NOT TALLER THAN 3 INCHES. CUT 1"X 1" CUBE. PEELED. ALL CUPS TO BE LABELED WITH A MIN 3 DAY EXPIRATIN DATE. PIECES ARE TO BE FIRM NOT SOFT, NOT WATERY AND DISCOLORED.

TOMATOES, CHERRY RED, 12 PINTS CASE

CABBAGE, RED, FRESH, U.S. NO. 1 DICED, TRIMMED-CORED, 2 INCHES X 2 INCHES, 4/5 POUND VACUUM SEAL BAGS PER CASE LABELED WITH A 5 DAY EXPIRATION DATE..

GRAND TOTAL

B.4 DELIVERY SCHEDULE

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of…