Draft SOW.docx

STATEMENT OF WORK

Dairy Product Services

1. REQUIREMENT:

The vendor shall provide Dairy Products listed below for the period of one (1) Base year plus (4) four option years for the VISN 15, Department of Veterans Affairs. Contractor shall provide the dairy requirements as described in the schedule to the VA Medical Centers, in accordance with specifications contained herein. The Government does not guarantee the estimated yearly quantity. 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.

2. PERIOD OF PERFORMANCE:

This procurement is for a Base Year with the possibility of Four (4) One (1) Year Options.

Deliveries shall be made between 5:00am and 10:00am, local time CST, Monday through Friday, including Federal Holidays.

Overtime may be granted upon approval of the Contracting Officer Representative (COR) prior to the commencement of service performance.

3. PLACE OF PERFORMANCE:

• Robert J. Dole VA Medical Center, 5500 East Kellogg Ave., Wichita, KS 67218

4. PERFORMANCE REQUIREMENTS:

A Contracting Officer Representative (COR) and/or Alternate Contracting Officer Representative (ACOR) shall be assigned to this procurement and written notification will be provided to the Contractor after award.

· Scheduling of work performance shall be arranged through the designated COR/ACOR assigned.

DELIVERIES OR PERFORMANCE:

a. The Contracting Officer shall authorize personnel to place delivery orders for products listed in the schedule of pricing.

i. Products shall be delivered in an enclosed truck, which protects the milk and milk products from dirt or other contamination.

ii. The government further reserves the right to enter and inspect any vehicle used to deliver goods to assure safety and sanitary transport of items ordered.

iii. Such inspections may be made on a random basis, upon delivery, as discretion of the COR.

iv. All crates and dollies shall be clean and free from dirt, insects and rust.

b. Orders shall be placed no less than 1 workday prior to the required delivery date.

c. Upon delivery at the receiving location, items ordered shall be less than 24 hours old.

d. Deliveries shall be made between 5:00am and 10:00am, local time CST, Monday through Friday.

e. Deliveries are allowed to be made on Federal Holidays.

f. All delivery tickets referencing the purchase order number must show the total items delivered for each line item.

g. If an item has been ordered and is not available at the time of delivery, it will be the vendor’s responsibility to obtain the necessary product that day.

h. Contractor will be required to deliver the quantities of dairy products based on the facilities menu needs.

i. Each order will be inspected and verified for accuracy by each facility upon delivery

1. Facility will require deliveries two (2) days per week. Orders will NOT be required to be placed more than one week prior to delivery.

2. Please indicate the time period orders are to be placed by each location no later than 2 (Two) working days prior to delivery.

PACKAGING, PACKING AND LABELING:

All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated there under.

a. All items must be identified with readable dates (open code dates), or coded dates. Contractors who do not use open dating will provide a product code number key listing to each customer facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

b. Offeror is to provide pricing for both each, per bag, and containers, if available. Individual delivery locations will decide which container type to order.

c. All products listed within this contract are to be available to any VA listed in the contract at the same price quoted in the contract.

d. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance with best commercial practice.

e. Any commercial or additional labeling as specified which complies with the U.S. Food, Drug and Cosmetic Act and regulations promulgated there under, is acceptable.

f. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the medical center.

PRODUCT QUALITY AND FRESHNESS:

a. All dairy products shall be delivered to the requested destinations as listed in the schedule. All dairy products furnished under this contract shall be fresh and of the highest quality. Fluid Dairy Products, other dairy products and juice shall have sufficient remaining shelf life commensurate with good practices and at a minimum:

0. Milk must be delivered with a reasonable industry standard time after pasteurization and have a minimum 10 days of shelf life after the date of delivery.

0. Cottage cheese, culture, normal shelf life must be delivered within 4 days after date of packaging. Cottage cheese, cultured, or acidified, extended shelf life, must be delivered within 7 days after date of packaging.

0. Sour cream must be delivered within 7 days after pasteurization.

0. Yogurt must be no older than 21 days from the date of packaging.

b. Finished product. Fluid milk and milk products shall be formulated and packaged in accordance with current good manufacturing practices (21 CFR Part 110). Fluid milk and milk products shall comply with (21 CFR § 101.62) for food nutrient content claims for fat and (21 CFR § 130.10) requirements for foods named by use of a nutrient content claim and a standardized term. Fluid milk and milk products manufactured shall comply with the following:

i. Milk, whole (21 CFR § 131.110) Not less than 3.25 percent total milkfat 1/ 2/.

ii. Acidified buttermilk (21 CFR § 131.111) Not less than 3.25 percent total milkfat 1/.

iii. Cultured buttermilk (21 CFR § 131.112) Not less than 3.25 percent total milkfat 1/.

iv. Reduced fat milk (21 CFR § 101.62) At least 25 percent less total fat 1/ 3/. v. Lowfat milk (21 CFR § 101.62) Maximum of 3 g or less total fat 1/ 3/.

vi. Nonfat/skim/fat free milk (21 CFR § 101.62) Less than 0.5 g of total fat 1/ 3/. vii. Serving size of fluid milk and milk products is 240 mL (1 cup or 8 fluid ounces).

viii. Total fat content may be higher in milks containing fat from a source other than milkfat, e.g., flavor containing fat. When compared to whole (21 CFR § 131.110), or acidified buttermilk (21 CFR § 131.111), or cultured buttermilk (21 CFR § 131.112).

c. Pasteurization/Homogenization. All fluid milk and milk products shall be pasteurized at a temperature of not less than 72°C (161°F) for a period of time of not less than 15 seconds or at a temperature of not less than 63°C (145°F) for a period of time of not less than 30 minutes in properly designed and operated equipment or for a time and at a temperature equivalent thereto for microbial destruction. If fluid milk or milk products contain added sweeteners, the specified temperature shall be increased by 2.8°C (5°F). Pasteurization shall be in accordance with general provisions (21 CFR §131.3). The fluid milk and milk products shall be homogenized.

d. Fortified with vitamins D and A. The finished milk types A, E, I and M shall contain a level of 400 International Units (IU) of vitamin D per 946 mL (1 quart). Types B, C, D, F, G, H, J, K, L, N, O, and P shall be fortified with vitamins D and A so the finished fluid milk contains at least 400 IU of vitamin D and 2,000 IU of vitamin A per 946 mL (1 quart). Types B, C, D, F, G, H, J, K, L, N, O, and P shall be nutritionally equivalent to the fluid milk or milk products that were modified by milkfat reduction. These types are required to return at the level of these nutrients to their respective levels and make them equivalent to the fluid milk or milk products that was milkfat modified.

e. Foreign material. Fluid milk and milk products shall be clean, sound, wholesome, and be free from foreign material such as, but not limited to, dirt, insect parts, hair, wood, glass, or metal.

f. Flavors. All types of fluid milk and milk products shall be free from all undesirable and objectionable flavors, and have a pleasingly sweet distinctive individual characteristic flavor. Types I, J, K, L, M, N, O, and P, acidified and cultured buttermilks, shall possess a pleasing and desirable characteristic aroma and flavor, and shall be free from undesirable flavors; such as, putrid, bitter, metallic, and excessive acid.

g. Chocolate flavoring. The chocolate flavoring shall be derived from cacao products meeting 21 CFR Part 163 - Cacao Products regulations. The flavoring products shall have a pleasingly sweet distinctive chocolate flavor free from objectionable flavors.

h. Color. All types of fluid milk and milk products shall be uniformly colored throughout and characterize the type and/or flavor it represents.

i. Body. The body of fluid milk and milk product types A through H shall be smooth with an acceptable mouth feel. They shall not be slimy, ropy, or show evidence of wheying-off or floating fat particles. The body of acidified and cultured buttermilk types I through P shall be smooth, uniform, and of medium consistency. They shall be free from undesirable gas formation, wheying-off, and practically free from entrapped air.

j. Shelf life and age requirement. All fluid milk and milk products shall comply with State and local laws, regulations, or requirements

k. All products furnished under this contract shall be processed and packed 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.

l. 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 COR, in accordance with the Contracting Officer, will accept or reject the product.

m. All dairy products shall be received at a temperature of 41ºF or below.

INSPECTION OF PLANT:

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

The Contracting Officer or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment and processes of the offeror prior to making award and conditions found will be considered in awarding the contract. Inspection(s) may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the products covered by this contract will be procured in the open market.

Any excess cost occasioned by this action will be charged against the contractor’s account.

ITEM INFORMATION

Estimated Quantities Base Year – IAW with Effective Date of the Contract Not to Exceed 1 Year

SUPPLIES/

SERVICES

Option year Option year Option year

CO

5. INVOICES:

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Period Supply or Service Provided

· Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

6. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.