S02 - 36C26225Q0291.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

605-25-1-120-0024

36C26225Q0291 12-23-2024

Choo, Sam 562-766-2337 01-06-2025

10:00 AM PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

Y

311911

750 Employees

N/A

36C262

Department of Veterans Affairs Loma Linda VA Healthcare System 11201 Benton St

Loma Linda CA 92357

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 https://portal.tungsten-network.com/

See CONTINUATION Page

This solicitation is published to acquire Fresh Produce Goods delivery contract for Loma Linda VA Healthcare.

Project Title: Fresh Produce for Loma Linda VA NFS Period of Performance: 1/13/2025 – 1/12/2026.

Contracting POC: Choo, Sam Email: sam.choo@va.gov

The nonmanufacturer rule does not apply to small business set-aside contracts at or below $250,000.00.

Offeror shall fill out and sign ALL sections of solicitation Notice and return it with offer to be considered.

Read and follow instructions on both S02 – 36C26225Q0291.pdf & S02 – 36C26225Q0291 – Description and Instruction.pdf.

See CONTINUATION Page

Kim, Peter Contracting Officer

36C26225Q0291

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

Product Contract VA Loma Linda Healthcare System

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 28

C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)

SECTION D - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

D.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

D.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

D.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

D.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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: Company Name:

POC:

Phone:

Email:

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:

[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] Monthly, Upon completion of delivery and confirmation by VA Loma Linda NFS.

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 all invoices electronically through Tungsten Network https://authentication.tungsten-network.com/login

B.2 STATEMENT OF WORK

Product Contract VA Loma Linda Healthcare System

I. TITLE:

Fresh Produce Contract

II. BACKGROUND INFORMATION:

In FY24, Nutrition and Food Services (NFS) spent an estimated $80,000.00 with Washington Produce for fresh produce. In FY25, it is estimated NFS will spend around $84,476.29 with Washington Produce due to an estimated price increase of 3% based on the Consumer Price Index forecast. NFS aim to establish a produce contract in FY25, Quarter 1 to increase the amounts of fresh fruits on the menu and to allow for greater variety.

III. OBJECTIVES:

The purpose of the produce contract would be to service our Veteran high quality, fresh produce. The contractor shall provide fresh produce products listed on the schedule to the VA Loma Linda Healthcare System. The awarded contract shall be for 12 months from the date of award. The anticipated Period

Salient Characteristics:

• Vendor must be able to provide all products listed under specific requirement and meet the estimated quality demanded weekly.

• Vendor must be located within 20 miles of VA Loma Linda Healthcare System

• Vendor must be able to delivery to VA Loma Linda Healthcare System between the hours of 0600-1600, with a minimum of 3 deliveries per week.

PERIOD OF PERFORMANCE:

The anticipated Period of Performance is January 13, 2025, through January 12, 2026.

IV. PLACE OF PERFORMANCE:

VA Loma Linda 11201 Benton St Loma Linda, CA 92357

V. LICENSING REQUIREMENTS:

This contract must be completed in accordance with all applicable federal, state, and local registration requirements.

VI. SPECIFIC REQUIREMENTS:

Ordering Capabilities:

a. The ordering officer of NFS shall place orders by website, email, telephone, or in any manner consistent with accepted business practices one business day prior to the anticipated delivery date.

b. An order number will be provided to the ordering delegate at the time the order is placed.

c. Contractor will not substitute any items and will not increase or decrease quantities ordered without prior approval form the ordering officer or Program Manager of NFS.

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

e. Fresh Produce substitutions will be allowed on the condition that the substituted item is similar in appearance and composition. Substituted items will be billed at no higher cost than the contracted items it is substituted for.

f. The Government does not guarantee the estimated yearly quantity.

Delivery Specifications:

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 USDA Grades and Standards for the products in effect on the date of solicitation.

c. Deliveries shall be made between 5:00am and 12:30pm, local time, 3 times per week on Monday, Wednesday, and Friday, unless otherwise arranged with the hospital kitchen.

d. NATIONAL HOLIDAYS: In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97, the following holidays are observed and, for the purpose, of this contract are defined as “Legal Federal Official Holidays”.

i. New Year’s Day (1 January)

ii. Martin Luther King's Birthday (Third Monday in January)

iii. President’s Day (Third Monday in February)

iv. Memorial Day (Last Monday in May)

v. Juneteenth (19 June)

vi. Independence Day (4 July)

vii. Labor Day (First Monday in September)

viii. Columbus Day (Second Monday in October)

ix. Veteran’s Day (11 November)

x. Thanksgiving Day (Fourth Thursday in November)

xi. Christmas Day (25 December)

xii. When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday.

xiii. When a holiday falls on a Saturday, the proceeding Friday is observed as a

National Holiday by U.S. Government Agencies.

xiv. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

e. Deliveries shall be of specified items in quantities indicated in the purchase order provided.

f. Deliveries shall be made to the following location, unless otherwise directed by the

Program Manager:

VA Loma Linda Healthcare System 11201 Benton St Loma Linda, CA, 92357 Bldg 2 (Main Medical Center), Kitchen, Room 1C33 Main Warehouse Receiving Doc (east side of Bldg 2) Contact Name: Misty A. Abrantes Contact Number: (909) 825-7084 x1752

g. Delivery Vehicle Specifications:

i. Products shall be delivered in an enclosed truck, which protects the 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, including temperature maintenance logs of the space used to haul the goods.

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

h. Temperature Requirements:

i. Carrier equipment needs to be within FDA temperature tolerances and shall be capable of maintaining temperature within the range to destination.

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

j. A designated NFS employee shall sign for all deliveries.

k. 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.

i. The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designated, validated, Hazard Analysis Critical Control Point (HACCP).

ii. Any item 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 1:00PM, unless otherwise specified by the Program Manager.

l. Off-loading of products shall occur in the presence of VA authorized receiving personnel as indicated, or his/her designated representative.

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

n. Deliveries will not be stacked higher than five (5) feet high.

o. Driver will wait until food is inspected by designee before leaving premises.

p. 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.

q. All contractor’s employees shall wear identification (ID) badges during the entire period of time while on VA property.

r. It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Office(s).

The contractor assumes full responsibility for any parking violations.

Product Quality and Freshness

a. The Government reserves the right to return products in the original packing for full credit if they have visible signs of poor quality within 24 hours after delivery.

b. Physical Hazards: 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.

c. Mold: Products shall include mold inhibitors of proper levels as allowed by the Federal Food, Drug and Cosmetic Act.

d. Odors: All products shall be free from all undesirable and objectionable flavors and have a pleasingly sweet distinctive individual characteristic flavor.

e. Color: All products shall be uniformly colored throughout and characterize the type and/or flavor it represents.

f. Consistency:

i. Products shall not be slimy or showing signs of decomposition.

ii. They shall be free from undesirable gas formation or any other permeable nature.

g. Fresh produce shall have sufficient remaining shelf life commensurate with good practices and at a minimum: Prepared produce has a minimum 5 days of shelf life after the date of delivery.

Packaging, Packing, and Labeling

a. Packaging and Packing:

i. 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.

ii. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code.

iii. The package shall be clean, sound, and securely covered to 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.

iv. Unless otherwise specified, preservation, packaging and packing shall be to a degree of protection to preclude damage during normal shipping conditions and shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from contractor to receiving activity for storage.

b. Dating: All prepared (sliced, diced, chopped, etc.) items must be identified with readable dates (open code dates).

c. Other Labeling Requirements:

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

ii. 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.

Compliance with Federal Laws and Regulations

a. The delivered products shall comply with all applicable Federal, State and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace.

b. By submitting an offer, the contractor certifies that the products offered meet the requirements of the solicitation and:

i. Requirements of Federal, State and local regulations

ii. Conforms to the producer’s own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices.

iii. Has national or regional distribution storage facilities located within the United States, its territories, or possessions.

iv. Is sold on the commercial market.

c. Inspection of Facilities:

i. All products furnished under the awarded contract shall be processed at facilities that have been inspected by the Federal and/or Local State Government Agencies as appropriate. Vendors who produce and distribute fresh fruits & vegetables must demonstrate Good Agricultural Practices as defined by GAP Certification Requirements.

ii. 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.

iii. 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.

iv. 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.

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

d. 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 destination as may be necessary to determine conformance with the provisions of the contract.

e. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and any other applicable laws and regulations.

Manufacturing Standards

a. 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.

b. 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.

c. The Program Manager, in accordance with the Contracting Officer, will accept or reject the product.

Recall Notices

a. Notification to NFS will be given immediately upon receiving Recall Notices from the Food and Drug Administration Enforcement Report publications. Notifications shall be delivered to the Program Manager, COR, or designated personnel through phone and email for any food recalls related to items delivered to the VA from the contractor.

Administration

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

b. Subcontractors:

i. The Contracting Officer shall approve/disapprove all subcontractors used at any time during this contract.

ii. Contractor shall list the name and address of all subcontractors.

iii. The Contracting Officer shall be notified immediately if the Contractor should change any of the subcontractor(s) utilized for this contract and provide their name and address.

iv. Contracting Officer shall approve/disapprove subcontractors.

v. Note: FAR Clause 52.222-37: Public Law (P.L.) 105-339, Section 1354 provides that no agency may enter into a contract with a Contractor who has not filed a VETS-4212 report for the preceding fiscal year under Title 38 Section 4212(d). A contract can be placed with that Contractor as soon as the report required by section 4212(d) for the fiscal year concern is filed with the Department of Labor. Contractors shall complete this report at least 7 days prior to the due date for bids in response to this solicitation, if applicable. This can be done online at https://www.dol.gov/vets/vets4212.htm.

c. Only the Contracting Officer is authorized to make commitments to issue changes which will affect the price, quantity and quality or delivery of this contract.

Contractor Qualifications & Other Responsibilities

a. Contractor shall obtain all necessary licenses required to perform this work.

b. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

c. The Government reserves the right to accept or reject Contractor’s employee for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

Produce List:

ITEM NAME PKG QTY

Estimated Quantity

(1 Year)

ASPARAGUS, MEDIUM 1LB BUNCH 52

ASPARAGUS, MEDIUM 2 LB BAG 260

ASPARAGUS, LARGE, 11LB CS 17

BANANAS, YELLOW BUNCH 433

BANANAS, YELLOW, G/T G/T 40 LB CS 121

BASIL FRESH HERB 1 LB 17

BELL PEPPERS, GREEN, FAJITA CUT LB 433

BELL PEPPERS, GREEN, FINE/SM DICED LB 415

BELL PEPPERS, YELLOW, MED EA 17

BELL PEPPERS, GREEN, MED EA 17

BELL PEPPERS, RED, MED EA 17

BELL PEPPERS, RED, DICED 1 LB 104

BELL PEPPERS, RED, FAJITA CUT LB 346

BELL PEPPERS, RED, FINE DICED, 1/4" LB 346

BELL PEPPERS, YELLOW,FAJITA CUT LB 138

BELL PEPPERS, YELLOW,FAJITA CUT 5LB 138

BROCCOLI, FLORRETTS 5 LB BG 17

BRUSSEL SPROUTS, TRIMMED, CUT IN

HALF 5 LBS 17

BOK CHOY 10 LB 20

CABBAGE, RED, SHREDDED LB 17

CARROT STICKS LB 17

CARROTS, SHREDDED LB 17

CAULIFLOWER FLORETES LB 17

CAULIFLOWER, WHOLE HEAD 17

CELERY, DICED 3/8" CUT 5 LB BG 52

CILANTRO, BUNCH BUNCH 484

CHIVES, FRESH 2 OZ 17

COLE SLAW MIX, 5LB BAG BG 17

CRANBERRIES,FRESH 24x12oz CS 22

CUCUMBERS PC 2163

GRAPES, GREEN, PREMIUM 18 TO 20 LB CS 52

GRAPES, GREEN, SEEDLESS 3LB PC 104

GRAPES, RED, SEEDLESS LB 52

GREEN BEANS, CLIPPED, FRESH 5 LB BG 363

JALAPENOS, GREEN, LB LB 17

LEMON, SUNKIST CHOICE LB 17

LIMES, GREEN SELECT LB 17

LEEKS, LARGE, BUNCH BN 3.2

LETTUCE, ROMAINE, CHOPPED, BITE SIZE 2 LB BG 1298

LETTUCE, GREEN LEAF, 24 CT/CS CS 10

LETTUCE, SHREDDED LB 17

LETTUCE, SHREDDED 5 LB 17

MILK 2% HALF GAL (LACTAID) GL 311

MUSHROOMS, MEDIUM SLICED, 1/4 " 10 LB CS 52

ONIONS, SLICED, SLABS LB BG 415

ONIONS, DICED 5 LB BG 104

ONIONS, FAJITA CUT LB 138

ONIONS, GREEN BUNCH 17

ONIONS, RED, DICED LB 138

ONIONS, RED, SLAB/RINGS, 1/2 '' LB 104

ONIONS,RED, SLICED, SLABS 1 LB BG 52

ORANGES, NAVEL, CHOICE 88 CT CS 69

PARSLEY, REGULAR BUNCH 17

PICO DE GALLO SALSA, 5LB TRAY PC 35

POTATOES, GOURMET BABY MARBLE LB 17

POTATOES, RED POTATOES, WASHED 50 LB CS 35

POTATOES, RED, DICED 2 LB 17

POTATOES, RED, QUARTERS, WEDGES, 10

LB 10 LB BG 20

POTATOES, RUSSET, PEELED/CUBED,

LARGE CUT 5LB 260

POTATOES, RUSSET, WASHED 90 CT 17

RICE MILK, QUART EA 519

ROSEMARY, 1 LB LB BG 10

SALAD, CHOPPED ICEBERG LB BG 17

SPINACH, CLEAN 2.5lb 87

STRAWBERRY HALVES 10 OZ 17

STRAWBERRY, WHOLE 1 LB 17

SWEET POTATOES, PEELED,CUBED 2 LB 17

SWEET POTATOES, WHOLE EA 17

TOMATILLOS, PEELED LB 17

TOMATOES, 5X6 CS 69

TOMATOES, DICED LB 87

TOMATOES, DICED, FRESH 5 LB TRAY (BG) 17

TOMATOES, GRAPE 2 LB PACK (PC) 450

TOMATOES, GRAPE, PINT PC 17

WATERMELON, SEEDLESS EA 52

YELLOW SQUASH EA 17

ZUCCHINI, ITALIAN EA 17

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

52.00 BD __________________ __________________

Asparagus, Medium 1 LB

260.00 BG __________________ __________________

Asparagus Medium, 2LB Bag

17.00 CS __________________ __________________

Asparagus, Large, 11LB

433.00 BD __________________ __________________

Bananas, yellow

121.00 CS __________________ __________________

Bananas,Yellow,G/T

17.00 LB __________________ __________________

Basil Fresh Herb

433.00 LB __________________ __________________

Bell Peppers,Green,Fajita cut

415.00 LB __________________ __________________

Bell Peppers,Green,Fine/SM diced

17.00 EA __________________ __________________

Bell Peppers,Yellow,MED

Bell Peppers, Green,MED

Bell Peppers,RED,MED

104.00 LB __________________ __________________

Bell Peppers,Red,diced

346.00 LB __________________ __________________

Bell Peppers,red,fajita cut

346.00 LB __________________ __________________

Bell Peppers,red,Fine Diced,1/4"

138.00 LB __________________ __________________

Bell Peppers,Yellow,Fajita cut

Bell Peppers,Yellow,Fajita cut 5LB

Broccoli,floretts 5LB BG

Brussel sprouts,Trimmed,Cut in half 5LBS

Cabbage,Red,shredded

Carrot Sticks

Carrots,Shredded

CAuliflower Forets

CAuliflower,Whole 5LB BG

52.00 LB __________________ __________________

Celery,Diced 3/8" Cut

484.00 BD __________________ __________________

Cilantro,Bunch

LOCAL STOCK NUMBER: .

17.00 OZ __________________ __________________

Chives,Fresh 2 OZ

17.00 BG __________________ __________________

Cole Slaw mix,5LB Bag

22.00 CS __________________ __________________

Cranberries,Fresh 24x12oz

2,163.00 EA __________________ __________________

Cucumbers

Grapes,Green,Premium 18 to 20 LB CS

104.00 EA __________________ __________________

Grapes,Green,seedless 3LB

Grapes,Red,Seedless

363.00 BG __________________ __________________

Green Beans, Clipped, Fresh 5 LB BG

Jalapenos,Green,LB

Lemon,sunkist Choice

Limes,Green Select

3.20 BD __________________ __________________

Leeks,Large,Bunch

1,298.00 LB __________________ __________________

Lettuce,Romaine,Chopped,Bite Size 2LB Bag

10.00 CS __________________ __________________

Lettuce,Green Leaf, 24CT/CS

Lettuce,Shredded

Lettuce,Shredded 5LB

311.00 GL __________________ __________________

Milk 2% Halfgal (Lactaid)

52.00 CS __________________ __________________

Mushrooms,Medium Sliced, 1/4" 10LB CS

415.00 BG __________________ __________________

Onions,Sliced,Slabs 1lb BG

104.00 BG __________________ __________________

Onions,Diced 5LB

Onions,Fajita Cut

17.00 BD __________________ __________________

Onions,Green

Onions,Red,Diced

104.00 LB __________________ __________________

Onions,Red,Slab/Rings, 1/2"

52.00 BG __________________ __________________

Onions,Red,Sliced,Slabs 1LB BG

69.00 CS __________________ __________________

Oranges,Navel,Choice 88CT Cs

17.00 BD __________________ __________________

Parsley,Regular

35.00 PG __________________ __________________

Pico de Gallo Salsa, 5LB Tray

Potatoes,Gourmet Baby Marble

35.00 CS __________________ __________________

Potatoes,Red Potatoes,Washed 50LB CS potatoes,Red,Diced 2LB

40.00 BG __________________ __________________

Potatoes,Red,Quarters,Wedges, 10LB

260.00 LB __________________ __________________

Potatoes,Russet,Peeled/Cubed, Large cut 5LB

17.00 CT __________________ __________________

Potatoes,Russet,Washed 90CT

519.00 EA __________________ __________________

Rice Milk, Quart

10.00 BG __________________ __________________

Rosemary,1LB

Salad,Chopped Iceberg 1lb

87.00 LB __________________ __________________

Spinach,Clean 2.5LB

17.00 OZ __________________ __________________

Strawberry Halves 10 OZ

Strawberry,whole 1LB

Sweet Potatoes,Peeled,Cubed 2LB

Sweet Potatoes,Whole

Tomatillos,Peeled

69.00 CS __________________ __________________

Tomatoes,5x6

87.00 LB __________________ __________________

Tomatoes,Diced

17.00 BG __________________ __________________

Tomatoes,Diced,Fresh 5LB Tray (BG)

450.00 PG __________________ __________________

Tomatoes,Grape 2LB Pack (PC)

17.00 PG __________________ __________________

Tomatoes,Grape,Pint

52.00 EA __________________ __________________

Watermelon,seedless

Yellow Squash

Zucchini,Italian

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

52.00

260.00

17.00

433.00

121.00

433.00

415.00

104.00

346.00

346.00

138.00

484.00

22.00

2,163.00

363.00

3.20

1,298.00

10.00

311.00

415.00

69.00

35.00

35.00

40.00

260.00

519.00

10.00

87.00

69.00

87.00

450.00

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 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.3 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 Clause)

C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

Please refer to Scope Of Work

(End of Clause)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by…