S02 - RFQ 36C26224Q0143.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

691-24-1-120-0002

664-24-1-120-0003

36C26224Q0143 10-31-2023

Choo, Sam 562-766-2237 11-07-2023

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

311511

1150 Employees

N/A

36C262

Department of Veterans Affairs

VA Greater Los Angeles, VA Long Beach, VA Loma Linda, VA San Diego Healthcare

System

CA

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

Department of Veterans Affairs

Financial Services Center

Submit all invoices electronically through Tungsten Network

See CONTINUATION Page

This solicitation is issued to award an indefinite-delivery contract for Milk and Dairy products for SoCal VA Hospitals for Base year and up to Four option Years.

Project Title: Milk and Dairy IDC for SoCal VA Hospitals for Base Plus 4 Option Years

Applicable NAICS: 311511

Small Business Size Standard: 1,150 Employees

Program POC: Jaye Nand (VAGLA), Danielle Hoggan (VASD), Kathryn Bunting (VALB), and Michelle Nyberg (VALL)

Contracting POC: Sam Choo

Email: Sam.choo@va.gov

Period of Performance: Base Year, 12/01/23 - 11/30/24, OY1 12/01/24 - 11/30/25, OY2 12/01/25 - 11/30/26, OY3 12/01/26 - 11/30/27, OY4 12/01/27 - 11/30/28

See CONTINUATION Page

X 1

Kim, Peter

Contracting Officer

36C26224Q0143

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK FOR INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT

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 (DEC 2022)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

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 (SEP 2023)

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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

D.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

D.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

D.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

D.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

D.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

D.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 62

D.10 VAAR 852.216-71 ECONOMIC PRICE ADJUSTMENT OF CONTRACT PRICE(S)

BASED ON A PRICE INDEX (MAR 2018)

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:

Name:

Address:

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 and confirmation of Delivery

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.

All invoices must be submitted electronically through Tungsten Network

B.2 STATEMENT OF WORK FOR INDEFINITE DELIVERY/INDEFINITE

QUANTITY CONTRACT

The Department of Veterans Affairs Network Contracting Office 22 is looking for a contractor to supply milk and dairy products for VA Greater Los Angeles, Long Beach, Loma Linda, and San Diego Healthcare System. The potential contractor must be able to supply all items listed.

Offeror must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive.

The contractor must meet following minimum requirements:

1. Quantity: Need Based Ordering. There is no minimum order requirement. See B.3

Price/Cost Schedule for Estimated Annual Quantity Requirement.

2. Pricing: The contractor will be awarded a fixed-price contract with economic price adjustment which will provide periodic upward and downward revision of the stated contract price upon the occurrence of specified contingencies. These price adjustments are based on increases or decreases in indexes that are specifically identified in the contract.

3. Delivery: Deliveries shall be made to the area(s) listed, unless otherwise directed by the

COR. COR or designated individual shall sign for all deliveries. Off-loading of products shall occur in the presence of VA authorized receiving personnel indicated (contact person) or his/her designated representative.

a. Replacement of rejected product(s) shall be delivered the same day no later than 11:00 a.m., unless otherwise specified by the Contracting Officer Representative (COR).

b. Delivery to be made to the following location:

i. VA West Los Angeles Healthcare System

11301 Wilshire Blvd.

Los Angeles, CA 90073

Building 300 and 500 Loading Dock

Contact Number: 310-478-3711 x32626

Delivery Days: Six (6) timer per week, Monday through Saturday

Delivery Times: Between the hours of 6:30 a.m. to 8:30 a.m., no exceptions

ii. VA Long Beach Healthcare System

5901 E. 7th Street

Long Beach, CA, 90822

Bldg 126, Room 15

Main Tower, Loading Dock

Contact Number: 310-268-3121

Delivery Days: Six (6) timer per week, Monday through Saturday

Delivery Times: Between the hours of 6:30 a.m. to 8:30 a.m., no exceptions

iii. 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 Number: 909-379-4626 or 909-825-7084 x2017

Delivery Days: Two (2) timer per week, Monday and Thursdays only, unless otherwise arranged with Hospital Kitchen.

Delivery Times: Between the hours of 5 a.m. to 12:30 p.m. only, unless otherwise arranged with Hospital Kitchen.

iv. VA San Diego Healthcare System

3350 La Jolla Village Drive

San Diego, CA 92161

Nutrition and Food Service Kitchen located behind the loading dock.

Contact Number: 858-642-3492

Delivery Days: Monday, Wednesday, and Friday.

Delivery Times: Between the hours of 6:30 a.m. to 12:00 p.m.

c. Delivery Expectations:

i. Deliveries will be at or about the same time each delivery day and within the established delivery hours.

ii. The contractor will inform the VA Medical Center of any issues during travel that could postpone the scheduled delivery to a later time.

iii. If a delivery date falls on a federal holiday and the contractor isn’t operating, the contractor must establish an alternative delivery date and inform the VA Medical

Center of the new date(s) at least 2 weeks in advance.

iv. Contractor will utilize clean durable and reusable storage racks to deliver and store products in.

v. The delivery driver will remove all unused/empty storage racks after every delivery.

vi. Deliveries will not be stacked higher than 5 feet high.

vii. Driver to issue credit at time of delivery when items are damaged, missing, or short dated.

viii. Driver will wait until food is inspected by Supervisor or designee before leaving premises.

ix. Products will be delivered in clean and refrigerated vehicle.

4. Delivery Vehicles: The government further reserves the right to enter and inspect any vehicle used to delivery good to ensure the safe and sanitary transport of items ordered.

Such inspection shall be made on a random basis, upon delivery, at the discretion of the

COR.

5. Failure to Deliver: If the contractor fails to deliver the requested item(s) or acceptable substitute, or to deliver during the required time-period, the Government may purchase the item from other source(s). The contractor will be held liable for any additional costs associated with procuring item(s) from non-contract sources.

6. Period of Performance: See B.4 Delivery Schedule

7. Federal Holidays

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a

National holiday by U.S. Government Agencies, and any day specifically declared by the

President of the United States of America.

8. Food Safety Standards and Guidelines: All current USDA standards and guidelines must be met throughout the entire production, packaging, labeling and delivery process. All items must be labeled with shelf life or expiration date. Items not properly labeled will be returned.

9. Freshness Requirements for Dairy Products:

a. Fresh milk and milk products shall conform to the following freshness requirements:

b. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good practices and at a minimum:

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

d. Buttermilk must be delivered with a minimum of 12 days shelf life after date of delivery.

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

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

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

10. Refrigeration, Frozen Products and Dry Storage Requirements:

a. Items requiring “protection from heat” shall be transported and stored at temperatures below 70 degrees Fahrenheit.

b. Carrier equipment for straight loads of “Chilled” products will be required to be pre-cooled to a minimum temperature of 35-degree Fahrenheit and a maximum temperature of 41 degrees Fahrenheit and shall be capable of maintaining temperature with the range to destination.

c. Carrier equipment for straight load of “Frozen” products will be pre-cooled to 10 degrees Fahrenheit, or lower before loading, and capable of maintaining 0 degrees

Fahrenheit or lower to destination. Product shall product temperature rise. At destination, the product shall be hard frozen and show no signs of defrosting. Temperature of the product shall not be above 0 degrees

Fahrenheit. Frozen products will be wrapped in polyurethane wrapping.

d. Carrier equipment for straight loads of “Frozen and Chilled” products will be required to be pre-cooled to a minimum temperature of 35-degree Fahrenheit and a maximum temperature of 41 degrees Fahrenheit and shall be capable of maintaining temperatures within that range to destination. The frozen products in the load shall be completely segregated by installing effective barrier(s) at the time of loading to prevent product damage.

11. Food Recalls: The contractor is responsible for immediately notifying NFS via phone and email of any food recalls related to items delivered to the VA from the contractor.

12. U.S. PUBLIC HEALTH SERVICE (USPHS) Rating: All milk/milk products shall be grade A quality. Contractor shall have obtained USPHS pasteurize milk rating of 90% or higher within the last two-year period and shall retain such status throughout the term of the contract. A copy of the current USPHS rating shall be provide to the contracting Officer upon request. Failure to maintain USPHS rating 90% or higher is grounds for immediate termination.

Contractor shall provide the following rating data:

Pasteurized Milk Rating: ____________________

Date of Rating: ____________________________

Statement of sanitation Rating Agency and Address:

Type of Products: ____________________________

13. Orders:

a. All orders will be placed on an as needed basis for delivery six days a week. Specific quantities and delivery dates will be determined in accordance with the delivery schedule by each COR for the participating VA healthcare facilities. Contractor will not substitute any items and will not increase or decrease quantities ordered without prior approval from the COR. Order number will be provided by each facility at the time the order is placed. Orders can be placed by telephone, in writing and fax, or give to the

Contractor Personnel as mutually agreed upon between each facility’s COR and the

Contractor.

Name: __________________________________________________

Address: ________________________________________________

Telephone Number: ________________________________________

Facsimile Number: _________________________________________

b. Pricing Change: Price must be given to CO’s COR on or prior to order placement in written format. Please reference VAAR 852.216-71 ECONOMIC PRICE ADJUSTMENT

OF CONTRACT PRICE(S) BASED ON A PRICE INDEX (MAR 2018) for allowable price changes.

c. Authorized personnel from NFS will enter produce orders on contractor’s online website by 5 pm the day before the items is needed. In the event an online order cannot be made due to technical difficulties, NFS may place orders via email or phone.

d. Orders are based on facility needs and amounts will increase or decrease in conjunction with demand. Demand is based on veteran nutritional needs and preferences of which can vary from month to month.

e. There will be no minimum order restrictions for delivery.

14. Identification, Check-in, Parking, and Smoking Regulations

a. Identification: The vendor's employees shall always wear visible identification while on

VAHCS premises. Contractor employees shall report to VA Police upon entry to the

VAHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work.

During emergencies contractor personnel shall check in with VAHCS Police if the

VAHCS COR or designee is not available.

b. Parking: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security

Service Office. The Contractor assumes full responsibility for any parking violations.

c. Smoking: Veterans Health Administration (VHA) Directive 1085, dated March 5, 2019, provides a comprehensive smoke-free policy for patients, visitors, contractors, volunteers, and vendors, at the Department of Veterans Affairs (VA), Veterans Health

Administration (VHA) health care facilities. This updated VHA directive implements a smoke-free policy for patients, visitors, contractors, volunteers, and vendors at VA health care facilities, as defined in this directive, based on scientific evidence regarding the adverse health effects of secondhand and thirdhand smoke exposures. The

Assistant Deputy Under Secretary for Health for Administrative Operations (10NA) and the Assistant Deputy Under Secretary for Health for Clinical Operations (10NC) are responsible for the contents of this directive. Questions may be referred to VHA Smoke

Free: vhasmokefree@va.gov. This VHA directive is scheduled for recertification on or before the last working day of March 2024. This VHA directive will continue to serve as national VHA policy until it is recertified or rescinded.

d. Weapons and Contraband: Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract.

Enclosed containers, including tool kits, shall be subject to search. Violations of VAHCS regulations may result in citation answerable in the United States (Federal) District

Court, not a local district, state, or municipal court.

e. Safety

i. All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAHCS shall comply with applicable

Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

ii. Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to mailto:vhasmokefree@va.gov

Government equipment. Every effort shall be made to safeguard human life and property.

iii. Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal

Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR

1910.132(d)(1)(iii), 29CFR1910.137.

iv. Contractor shall provide all necessary tools, and Personal Protective Equipment

(PPE) to perform the work safely, effectively, and timely.

15. Order Continue: For tracking purposes, the COR shall document all verbal orders with the following minimum information:

Contract number and purchase order number.

Date/Time of order placement

Name of Contractor ordering clerk

16. Packaging, Packing, and Labeling:

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

Shipping containers shall be in compliance with national Motor Freight Classification and Uniform Freight classification (issue in effect at time of shipment).

b. All packaging 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.

c. All items must be identified with readable dates (open code dates), or coded dates.

Contractors who do not use open dating will provide a product code number key listing.

The product code number key listing shall explain the actual date of production or processing. The successful offeror shall furnish COR and the Contracting Officer with the code of instructions for deciphering the date on which the pasteurization process was completed. This information is to be furnished with five days of award of a contract.

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

17. Product Availability: Should any product under this contract become unavailable or available on a limited basis, either temporarily or permanently, the Contract shall provide the

Government with sufficient notification thereof, offering possible substitutions and/or alternative sources, to afford the Government adequate opportunity to approve or reject offered substitution and/or make other procurement arrangements.

18. Compliance: Contractor shall comply with good commercial practices (see General

Specification for Dairy Plants Approved for USDA inspection and Grading Service, found at

(http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788) and all applicable Federal, State and local laws and regulations.

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788

19. PROCUREMENT FROM ANOTHER SOURCE: The Contracting Officer shall make every effort to ensure that offered substitutions are given fail and reasonable consideration and that procurement from an alternate source is made only if necessary. If procurement from an alternate source is required due to the Contract’s fault, the contractor is responsible for any price difference and any other additional charges.

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

Name Address

Note for 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-100 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 section4212(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. This can be done “on-line” at https://vets4212.vets.dol.gov/.

21. SPECIFICATIONS AND STANDARDS

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. 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.

b. 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 – 2011 Revision 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.” All milk products delivered for consumption shall have a least one month’s expiration from the date of delivery. All testing shall only be done by milk laboratories approved by Federal and State agencies found at http://www.fda.gov/Food/foodSafety/Product-https://vets4212.vets.dol.gov/ http://www.fda.gov/Food/foodSafety/Product-specificInformation/MilkSafety/FederalStatePrograms/InterstateMilkShippersList/default.

htm.

c. Contractor’s Certification, by submitting an offer, the contractor certifies that the product offered meets the requirements of the solicitation and requirements of federal, State and local regulations; conforms to the producer’s own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has national or regional distribution storage facilities located with the United States, its territories, or possessions; and is sold on the commercial market. The government reserves the right to determine proof of such conformance prior to the first delivery from point or 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.

d. Source of Manufacture: Items supplied under this contract are required to originate from a sanitarily approved source as defined by the Federal Food and Drug administration’s

“Evaluation of Milk Laboratories 2011 Revision” which can be found at the link listed above. 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.

22. Contractor Personnel

a. Contractor’s Program Manager: The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s

Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

b. Contractor’s Employees: The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

c. Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

23. Contractor Qualifications & Other Responsibilities

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

b. 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.

24. Insurance Coverage

a. The Contractor agrees to procure and maintain, while the contract is in effect, Workers

Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

b. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

c. Before commencing work under this contract, the Contracting Officer shall require the

Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

d. Contractor is required to provide copies of proof of Workers Compensation and

Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

25. Invoicing and Payment

a. Overtime & Holiday Pay

i. Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

ii. Contractor will bill and be paid for actual services provided by Contractor personnel.

Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

b. Invoices

i. Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting.

Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

ii. The Government shall not authorize payment until such time that the NAVAHCS

COR all properly executed and signed documentation.

iii. No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with

FAR 52.212-4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

iv. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

See attachment: Offer-Pricing.xlsx

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

Base Year

1 12/01/2023 – 11/30/2024

Option Year 1

1 12/01/2024- 11/30/2025

Year 2

1 12/01/2025- 11/30/2026

Year 3

1 12/01/2026- 11/30/2027

Year 4

1 12/01/2027- 11/30/2028

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the…