RFQ 36C24226Q0062.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. 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

36C24226Q0062 10-21-2025

Myra Florisa N. Green 518-626-5086 10-27-2025

12:00 EDT

Department of Veterans Affairs Network Contracting Office 2 (NCO 2) 20 Madison Avenue Ext.

Albany NY 12203

X 100

X

311511

1150 Employees

N/A

X

VA New Jersey Healthcare System East Orange Campus (East Orange, NJ) Lyons Campus (Lyons, NJ)

20 Madison Avenue Ext.

Albany NY 12203

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

See Schedule of Items

See CONTINUATION Page

X X

Myra Florisa N. Green Contracting Officer

36C24226Q0062

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 26

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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 36C242

20 Madison Avenue Ext.

Albany NY 12203

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. Other [X] Per delivery and acceptance

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.

Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

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

AMENDMENT NO DATE

Statement of Work

Veterans Integrated Service Network 2 (VISN 2) VA New Jersey Healthcare System

1. OVERVIEW: The Contractor shall provide milk, dairy, and juice products to both* of the two (2) VA Medical Center facilities (hereafter referred to as the VA) at the following locations:

VA New Jersey Healthcare System – East Orange 385 Tremont Avenue East Orange, NJ 07018-1023

VA New Jersey Healthcare System - Lyons 151 Knollcroft Road Lyons, NJ 07939-5001

* Interested vendors may submit proposals for any of the facilities listed above. Vendors must bid on all items for a particular facility (or facilities), or the bid will be deemed non-responsive and will not be considered for award.

The VA intends to award a firm, fixed price contract for the provision of milk, dairy, and juice products.

The quantities listed in the attached Pricing Schedule are estimated requirements for the Nutrition & Food Services. The Contractor shall be a United States (US) Vendor and a US citizen.

2. SCOPE OF WORK:

A. General: The scope of this requirement involves providing milk, dairy, and juice products, which conform to the specifications outlined and referenced herein to the VA’s Nutrition & Food Service, located at the addresses shown in paragraph 1 above.

B. Quantities: The contractor shall provide a variety of fresh milk and other dairy products and juice drinks for patients’ requirements 4x/week at the VANJHCS (East Orange Campus) in East Orange, New Jersey and VANJHCS (Lyons Campus) in Lyons, New Jersey. The quantities listed in the Schedule of Items represent the estimated quantities that will be ordered throughout the period of performance. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantity for the entire period without the prior written approval of the Contracting Officer.

C. Period of Performance: The period of performance for the provision of milk, dairy, and juice products shall be from November 01, 2025 through October 31, 2026.

***Please provide pricing information on tables below***.

D. The following items shall be delivered to the VA Medical Center, 385 Tremont Avenue, East Orange, NJ 07018-1023. Deliveries must be made FOB destination between Monday through Friday between 8:00 am and 11:00 am excluding national holidays. Requirements are for the period of November 01, 2025 through October 31, 2026.

VAMC East Orange, NJ November 01, 2025 through October 31, 2026

Item

Description Quantity Unit Cost Total Cost

1 Milk, 2% (Low fat), 8 oz 28,000 2 Milk, Lactose-Free, 8 oz 3,456 3 Flavored Drink, Fruit Punch, Half Gallon 2,800 4 Flavored Drink, Lemonade, Half Gallon 2,800 5 Eggnog, 1 Qt 24

TOTAL AGGREGATE PRICE:

E. The following items shall be delivered to the VA Medical Center, 151 Knollcroft Road, Lyons, NJ 07939-5001. Deliveries must be made FOB destination between Monday through Friday between 8:00 am and 11:00 am excluding national holidays. Requirements are for the period of November 01, 2025 through October 31, 2026.

VAMC Lyons, NJ November 01, 2025 through October 31, 2026

Item

Description Quantity Unit Cost Total Cost

1 Milk, 2% (Low fat), 8 oz 182,000 2 Milk, Whole, 8 oz 28,000 3 Milk, Skim, 8 oz 7,000 4 Milk, Lactose-Free, 8 oz 15,600 5 Flavored Drink, Lemonade, Half Gallon 3,200 6 Eggnog, 1 Qt. 72 7 Chocolate Milk, 8 oz 6,000

TOTAL AGGREGATE PRICE:

3. RECOGNIZED FEDERAL HOLIDAYS:

January New Year’s Day January Martin Luther King, Jr. Day February Presidents Day May Memorial Day June Juneteenth National Independence Day

July Independence Day September Labor Day October Columbus Day November Veterans Day November Thanksgiving December Christmas Day

Contractor shall not be required to deliver products on national holidays as listed below and any other day specifically declared by the President of the United States to be a national holiday.

4. DISASTERS / EMERGENCIES

The Contractor must be able to always ensure delivery to the VA, inclusive of disasters, and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency. For anticipatory situations, such orders will be placed 24 hours or less in advance. In an emergency, the Contractor will be notified with the amount and type of products required by the VA that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal weekly order. The Contractor shall provide both the Contracting Officer and the COR with its designated point of contact and contact information for emergency orders.

5. SPECIFICATIONS AND STANDARDS

A. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic ACO and regulations, promulgated hereunder.

B. Quality Assurance. All raw milk for pasteurization, condensed and dried milk, finished products and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A pasteurized Milk Ordinance - 1978 Recommendations of the United States Public Health Service" or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of 90 or more as certified by the State Milk Sanitation Rating Officer and shall be listed in the "Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers." Milk laboratories approved by Federal and State agencies and listed in the previously mentioned document shall do all testing.

C. Contractor's Certification. By submitting an offer, the Contractor certifies that the product offered meets the specified salient characteristics and requirements of the Federal Hospital Subsistence Guide;

conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling territories, or possessions; and is sold in the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including, delivery at final destination as may be necessary to determine conformance with the terms of the contract.

D. Alternate Items. Offers on items not listed above (alternate items) will only be considered if acceptable bids on required items are not available or an offer is not received. Offerors must clearly identify any items that are not exact and specify the exceptions which differ from the required item.

E. Quotes will be considered only from Contractors who are regularly established in the business called for and who in the judgment of the Contracting officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume called for under this contract.

The VA reserves the right to thoroughly inspect and investigate the establishment, facilities, equipment, business reputation, and other qualifications of any offeror and to reject any offeror, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance.

6. SANITATION AND WORKMANSHIP

A. All products furnished shall be prepared, processed, and packed under sanitary conditions and in accordance with good commercial practice. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Chilled and frozen items shall be maintained at temperatures necessary for the preservation of the product according to the standards established by the Food & Drug Administration (FDA).

B. The VA Contracting Offeror or his/her designee reserves the right to inspect the Offeror's premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises to verify compliance with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling storage, distribution, and sales of the products with the commercial marketplace may be performed by the government prior to contract award. If the plant of the apparent low Offeror does not meet specification or is not acceptable, the quote will be rejected.

7. FRESHNESS REQUIREMENT FOR DAIRY PRODUCTS

A. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice at a minimum:

(1) Milk must be delivered a minimum of 14 days prior to the expiration date and within 72 hours after pasteurization.

8. PACKAGING, PACKING, AND LABELING

A. Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., shall conform to normal commercial practices and applicable carrier rules and regulations, involving shipment from the Contractor to the receiving acclivity for storage. Shipping containers shall be in compliance with national Motor Freight Classification and Uniform Freight classification (issue in effect at time of shipment).

NOTE:

(a) Gallon Containers – Acceptable packaging = plastic containers

(b) ½ pint Containers – Acceptable packaging = ½ PT Cardboard Containers measuring 4-1/2" x 2-1/3" OR ½ PT Cardboard Containers measuring 2-7/8" x 3"

B. 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 ACO and regulations promulgated there under.

C. All fluid milk products will have a pull date (date stamped on container) that is a minimum of seven

(7) days before expiration on the date of delivery. Expiration dates shall be legible on each product.

Cottage Cheese and yogurt will have a minimum expiration date of fourteen (14) days after delivery.

Failure to comply with this requirement will render a contract in default and be grounds for termination.

D. If it is determined that a significant number of products are leaking, spoiled, or otherwise found to not be in accordance with the specifications contained herein, the Contractor will be notified to exchange the products for ones that are in accordance with these specifications within two hours of notification. If the number of such products is determined to be insignificant in number, they may be held for pick up by the Contractor at the next scheduled delivery.

9. CERTIFICATIONS:

A. In signing this solicitation, the bidder certifies that its company has received, prior to opening of bids, a pasteurized milk rating of 90% or more for the type of product the bidder proposes which will be in accordance with the specifications as found in the Federal Hospital Subsistence Guide.

PASTEURIZED MILK RATING _______________ %

DATE OF RATING _________________

STATE OF MILK SANITATION RATING AGENCY __________________________

IF RATED BY U.S. PUBLIC HEALTH SERVICE, INDICATE ____________________

B. Bidders are required to submit with their quote a CERTIFICATE from the local or State Health Department that all cattle from which milk is obtained have passed a satisfactory tuberculin test within one year before the date of contract; or that cattle from which milk is obtained are accredited herds as defined in the current requirements of the U.S. Public Health Service Milk Ordinance Code.

C. A CERTIFICATE that all persons employed in pasteurizing and bottling plants from which the products are furnished have passed a satisfactory clinical and laboratory examination within one year previous of contract and are free from communicable diseases must also be furnished with the quote.

10. INSPECTION OF PLANTS:

An inspection may be made of the premises and employees of the bidders, prior to making an award and conditions found will be considered in awarding a contract. Inspection 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 on the open market.

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

THE BIDDER CERTIFIES THAT (CHECK ONE)

Within the past six months no inspection of the physical facilities of this plant has been conducted by any agency of the Federal Government.

OR

An inspection of the physical facilities of the plant was conducted by the

____________________________agency on ___________________ and this plant was ACCEPTED/REJECTED for furnishing its product to the Federal Government.

11. SOURCE OF MANUFACTURE

Items supplied under this contract are required to originate from a sanitarily approved source. The supplier must identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. 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. Preference will be given to locally sourced vendors.

12. ENVIRONMENTAL STANDARDS

Should the Contractor manufacture and provide company brand milk products, the Contractor should utilize, if possible, recycled materials for containers if they meet the FDA sanitary standards for the specified commodity. List recycled materials for containers if they meet the FDA sanitary standards for the specified commodity.

13. METRIC PRODUCTS

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 tables contained in the latest revision of Federal Standard No. 376B and all other requirements of this document are met. If a product is manufactured to metric 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 Contracting Officer’s Representative will accept or reject the product.

14. ORDERING

A. The VA New Jersey Healthcare System facilities estimates milk orders will be submitted up to three times per week, with 48 hours’ notice, with the Government reserving the right to adjust orders 24-hours prior to scheduled delivery. Orders will be placed by the COR or his/her designee. Each order will show ship to and bill to addresses and purchase order number (if required).

B. Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. Actual quantities ordered may vary among the line items.

C. The items listed in this contract are required subsistence items for the Department of Veterans Affairs, VA Medical Centers at the addresses listed in paragraph 1 of this document. Products and deliveries are to be in accordance with the terms, conditions, and schedules noted herein. The period of performance is from November 01, 2025 through October 31, 2026. Prices quoted will be F.O.B. destination.

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

Contractor Point of Contact:

(Name) (Title) (Telephone Number)

(Fax Number) (E-mail Address)

15. PACKING LIST

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

16. RETURN POLICY

Offerors shall clearly indicate their return policy with their quote. Defective products or incorrect products shipped by Contractor error shall be replaced at no cost to the Government. Products shipped by Government error may be returned subject to the Contractor’s normal return policy. Offerors shall provide the name and telephone number for reporting delivery/product problems for each VA location.

17. UTILIZATION OF CONTRACT

Delivery orders will be issued on an as-needed basis.

18. DELIVERIES AND INVOICING

A. Deliveries shall occur up to three times per week between the hours of 8:00 a.m. and 11:00 a.m.

between Monday through Friday, excluding federal holidays. Requests for deliveries on different days and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing.

B. Deliveries and invoices for the Nutrition and Food Services must be accomplished separately at the Nutrition & Food Services Departments at the respective facilities listed in paragraph 1 of this document.

Invoices must contain at a minimum the purchase order and itemized list of products delivered, unit prices, and total price.

C. Due to the nature of multiple line items of the contracts, and the Units of Measure (UOM) being different, establishing a “minimum” quantity by item would be difficult, the Government therefore will convert to a set dollar amount as a “minimum” per order threshold.

(1) This will be a firm-fixed-price contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by the awarded contract.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(3) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued, The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(4) Any orders issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days termination of contract.

D. While performing under this contract, all vehicles used by the Contractor shall be locked and the keys removed when not in use. This is intended to protect the Contractor’s property as well as the safety of patients and staff at the medical centers.

E. While performing under this contract, all vehicles used by the Contractor shall have temperature tracking systems in place on the refrigerated trucks to ensure they are being maintained in accordance with federal safety & sanitation guidelines.

F. Invoices shall be issued to the VA Financial Service Center and to the Chief, Nutrition and Food Service. Invoices shall be identified with proper delivery order number (purchase order number) and shall reflect all deliveries made against the delivery order. End of the month deliveries shall not be billed against the following month delivery order.

G. Invoices shall be submitted weekly and shall include the following per FAR Clause 52.212-4(g):

• Contractor’s business name and address

• Contractor’s Tax Identification Number (TIN)

• Invoice date

• Date(s) of services provided

• Contract number

• Total amount billed

• Purchase Order number

NOTE: Failure to include the above information may result in delay of payment. Invoices will be returned to the Contractor for completion if there are any omissions.

19. PAYMENTS

Payments under this contract shall be made by Electronic Fund Transfer (EFT) by the VA Finance Services Center. See Clause 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration for further information.

20. CONTRACTING OFFICER (CO):

The Contracting Officer (CO) named below is responsible for the overall administration of the contract.

Myra Florisa N. Green

Network Contracting Office NCO2 20 Madison Avenue Extension Albany, NY 12203

Myra.Green2@va.gov

The awarded Contractor(s) are advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer’s Representative, has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, term of contract. In no event shall any understanding or agreement, contract modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

22. CONTRACTING OFFICER’S REPRESENTATIVE (COR) / POINT OF CONTACT (POC)

The following individuals have been designated as the point of contact (POC) to monitor and certify receipt of services rendered under these contracts:

Ms. Natalie Roberts-Moore Chief Administration Dietitian Nutrition & Food Service Manager VA New Jersey HCS – East Orange 385 Tremont Avenue East Orange, NJ 07018-1023

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

EO-0001

28,000.00 EA ___________ _______________

Milk, 2% (Low fat), 8oz

Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026

EO-0002

3,456.00 EA ___________ ______________

Milk, Lactose-Free, 8 oz

Contract Period: Base

EO-0003

2,800.00 EA ___________ ______________

Flavored Drink, Lemonade, Half Gallon mailto:Myra.Green2@va.gov

Contract Period: Base

EO-0004

2,800.00 EA ___________ ______________

Flavored Drink, Fruit Punch, Half Gallon

Contract Period: Base

EO-0005

24.00 EA ___________ ______________

Eggnog, 1 Qt

Contract Period: Base

LYONS-

182,000.00 EA ____________ ______________

Milk, 2% (Low fat), 8oz Contract Period: Base

28,000.00 EA ____________ ______________

Milk, Whole, 8 oz Contract Period: Base

7,000.00 EA ____________ ______________

Milk, Skim, 8 oz Contract Period: Base

15,600.00 EA ____________ ______________

Milk, Lactose-Free, 8 oz Contract Period: Base

3,200.00 EA ____________ ______________

Flavored Drink, Lemonade, Half Gallon Contract Period: Base

72.00 EA ____________ ______________

Eggnog, 1 Qt Contract Period: Base

6,000.00 EA ____________ ______________

Chocolate Milk, 8oz Contract Period: Base

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

EO-

SHIP TO: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ 07018

USA

28,000.00 11/01/2025 - 10/31/2026

FOB: DESTINATION

EO-

SHIP TO: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ 07018

USA

3,456.00 11/01/2025 -

SHIP TO: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ 07018

USA

2,800.00 11/01/2025 -

SHIP TO: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ 07018

USA

2,800.00 11/01/2025 -

SHIP TO: East Orange VA Medical Center 385 Tremont Ave East Orange, NJ 07018

USA

24.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

182,000.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

28,000.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

7,000.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

15,600.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

3,200.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

72.00 11/01/2025 -

SHIP TO: Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939

USA

6,000.00 11/01/2025 -

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND 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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from November 01, 2025 through October 31, 2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $0.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000.00;

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor…