FBODaily.com | FedBizOpps: FILE | 89 | Memphis VAMC-Dairy Base + 4 Solicitation - Attachment

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 27, 2014 FBO #4598
DOCUMENT

89 -- Memphis VAMC-Dairy Base + 4 Solicitation - Attachment

Notice Date: 6/25/2014
Notice Type: Attachment
NAICS: 311511 — Fluid Milk Manufacturing
Contracting Office: Department of Veterans Affairs;Network Contracting Office 9;1639 Medical Center Parkway;Suite 400;Murfreesboro TN 37129
ZIP Code: 37129
Solicitation Number: VA24914Q0641
Response Due: 7/2/2014
Archive Date: 8/1/2014
Point of Contact: Eric Lee
E-Mail Address: 5-5973<br
Small Business Set-Aside: N/A
Description: SECTION A A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Specifications for Milk and Dairy Products Memphis VA Medical Center 1. OVERVIEW: The contractor shall provide milk and dairy products to the VA Medical Center (hereafter referred to as the VA) located at 1030 Jefferson Avenue, Memphis, TN 38104. The VA intends to award a firm, fixed price contract for the provision of milk and dairy products. The quantities listed in the attached Pricing Schedule are estimated requirements for the Nutrition & Food Services. The contractor shall be a United States (US) Vendor and a US citizen. 2. SCOPE OF WORK: A. General: The scope of this requirement involves providing milk and dairy products, which conform to the specifications outlined and referenced herein to the VA's Nutrition & Food Service. Both of these services are located at the VA at 1030 Jefferson Avenue, Memphis, TN 38104. B. Quantities: The quantities listed in the attached Pricing List represent the estimated quantities that will be ordered over a 12-month period. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantity for the 12-month period without the prior written approval of the Contracting Officer. Schedule of Supplies/Cost/Price Contractor to provide the following items to the VA Medical Center, Nutrition & Food Service Department, Memphis, TN 381074, in strict accordance with the terms, conditions and schedules noted herein. The period of performance is October 1, 2014 through September 30, 2015 as a base year with four one- year options to renew. Option Year 1 October 1, 2015 through September 30, 2016 Option Year 2 October 1, 2016 through September 30, 2017 Option Year 3 October 1, 2017 through September 30, 2018 Option Year 4 October 1, 2018 through September 30, 2019 Prices quoted should be F.O.B. destination. Alternate Items: Bids on alternate items other that those shown herein will be considered only if acceptable bids on required items are not received or do not satisfy the total estimated requirements. Such bids must clearly identify and explain the characteristics which differ from the required item. Quantities specified represent the Government's best estimates. However, actual requirements may be more or less than specified. In any event, the Contractor shall provide the amounts required at the prices offered. Basis for Award: A single award will be made to the responsive, responsible bidder providing the lowest total cost to the Government This procurement is conducted under the test program using simplified acquisition procedures for commercial items which is authorized by FAR subpart 13.5. This procurement is being conducted according to Part 12, 13, 14, and 15 of the FAR or some combination thereof. The Contractor agrees to provide the items listed above to the VAMC Nutrition & Food Services (or dietetics) during the period stated herewith. Deliveries shall be in such quantities and at such times as may be required in accordance with all terms, conditions, provisions and schedules of this contract. Contractor must bid on all items for the VAMC Nutrition & Food Services or their bid will be rejected as non-responsive. ***Please provide quote on tables below*** Base Year: October 01, 2014 - September 30, 2015. Item #Product DescriptionUnitEstimated Quantity Unit Cost Extended Cost 1 Milk - 2% Milk Fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint78000 $00.0000 $00.0000 2Milk - Non-fat, Skim with 0.5% or less milk fat, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint36000 $00.0000$00.0000 3Milk - 0.5 to 1% Milk Fat, Chocolate Flavored, Low fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint12000 $00.0000$00.0000 4Milk - Whole, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint7800 $00.0000$00.0000 5Sour Cream, 18% Ref SS Stik Pk 1 oz. PK50$00.0000$00.0000 6Cottage Cheese, Group I, Type II, Low fat, Small or Large Curd, Style A or B 4 oz.1600$00.0000$00.0000 7Ice Cream, Vanilla, Type I, Grade I, General 10.0% MR (min.), 4 oz. cups 4 oz.14976$00.0000$00.0000 8Ice Cream, NSA Vanilla, Type I, Grade I, General 10.0% MR (min), 4 oz. cup (No sugar added) 4 oz.10000$00.0000$00.0000 9Ice Cream, Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.7488$00.0000$00.0000 10Ice Cream, NSA Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz.4000$00.0000$00.0000 11Ice Cream, Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.2000$00.0000$00.0000 12Ice Cream, NSA Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz. 2000$00.0000$00.0000 13Sherbet, Orange, Type IV (4 oz. cups)4 oz.12000$00.0000$00.0000 14Buttermilk0.5 pint3000$00.0000$00.0000 15Lactaid or Lactose Free Milk0.5 pint4500$00.0000$00.0000 16Eggnog, Dairy, Regular, Plastic, Ref0.5 gallon9$00.0000$00.0000 17Juice, Jungle / orange juice1 quart624$00.0000$00.0000 Total Aggregate Cost FY 15 $_________________ Option Year 1: October 01, 2015 - September 30, 2016. Item #Product DescriptionUnitEstimated Quantity Unit Cost Extended Cost 1 Milk - 2% Milk Fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint78000 $00.0000 $00.0000 2Milk - Non-fat, Skim with 0.5% or less milk fat, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint36000 $00.0000$00.0000 3Milk - 0.5 to 1% Milk Fat, Chocolate Flavored, Low fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint12000 $00.0000$00.0000 4Milk - Whole, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint7800 $00.0000$00.0000 5Sour Cream, 18% Ref SS Stik Pk 1 oz. PK50$00.0000$00.0000 6Cottage Cheese, Group I, Type II, Low fat, Small or Large Curd, Style A or B 4 oz.1600$00.0000$00.0000 7Ice Cream, Vanilla, Type I, Grade I, General 10.0% MR (min.), 4 oz. cups 4 oz.14976$00.0000$00.0000 8Ice Cream, NSA Vanilla, Type I, Grade I, General 10.0% MR (min), 4 oz. cup (No sugar added) 4 oz.10000$00.0000$00.0000 9Ice Cream, Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.7488$00.0000$00.0000 10Ice Cream, NSA Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz.4000$00.0000$00.0000 11Ice Cream, Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.2000$00.0000$00.0000 12Ice Cream, NSA Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz. 2000$00.0000$00.0000 13Sherbet, Orange, Type IV (4 oz. cups)4 oz.12000$00.0000$00.0000 14Buttermilk0.5 pint3000$00.0000$00.0000 15Lactaid or Lactose Free Milk0.5 pint4500$00.0000$00.0000 16Eggnog, Dairy, Regular, Plastic, Ref0.5 gallon9$00.0000$00.0000 17Juice, Jungle / orange juice1 quart624$00.0000$00.0000 Total Aggregate Cost FY 16 $_________________ Option Year 2: October 01, 2016 - September 30, 2017. Item #Product DescriptionUnitEstimated Quantity Unit Cost Extended Cost 1 Milk - 2% Milk Fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint78000 $00.0000 $00.0000 2Milk - Non-fat, Skim with 0.5% or less milk fat, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint36000 $00.0000$00.0000 3Milk - 0.5 to 1% Milk Fat, Chocolate Flavored, Low fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint12000 $00.0000$00.0000 4Milk - Whole, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint7800 $00.0000$00.0000 5Sour Cream, 18% Ref SS Stik Pk 1 oz. PK50$00.0000$00.0000 6Cottage Cheese, Group I, Type II, Low fat, Small or Large Curd, Style A or B 4 oz.1600$00.0000$00.0000 7Ice Cream, Vanilla, Type I, Grade I, General 10.0% MR (min.), 4 oz. cups 4 oz.14976$00.0000$00.0000 8Ice Cream, NSA Vanilla, Type I, Grade I, General 10.0% MR (min), 4 oz. cup (No sugar added) 4 oz.10000$00.0000$00.0000 9Ice Cream, Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.7488$00.0000$00.0000 10Ice Cream, NSA Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz.4000$00.0000$00.0000 11Ice Cream, Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.2000$00.0000$00.0000 12Ice Cream, NSA Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz. 2000$00.0000$00.0000 13Sherbet, Orange, Type IV (4 oz. cups)4 oz.12000$00.0000$00.0000 14Buttermilk0.5 pint3000$00.0000$00.0000 15Lactaid or Lactose Free Milk0.5 pint4500$00.0000$00.0000 16Eggnog, Dairy, Regular, Plastic, Ref0.5 gallon9$00.0000$00.0000 17Juice, Jungle / orange juice1 quart624$00.0000$00.0000 Total Aggregate Cost FY 17 $_________________ Option Year 3: October 01, 2017 - September 30, 2018. Item #Product DescriptionUnitEstimated Quantity Unit Cost Extended Cost 1 Milk - 2% Milk Fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint78000 $00.0000 $00.0000 2Milk - Non-fat, Skim with 0.5% or less milk fat, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint36000 $00.0000$00.0000 3Milk - 0.5 to 1% Milk Fat, Chocolate Flavored, Low fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint12000 $00.0000$00.0000 4Milk - Whole, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint7800 $00.0000$00.0000 5Sour Cream, 18% Ref SS Stik Pk 1 oz. PK50$00.0000$00.0000 6Cottage Cheese, Group I, Type II, Low fat, Small or Large Curd, Style A or B 4 oz.1600$00.0000$00.0000 7Ice Cream, Vanilla, Type I, Grade I, General 10.0% MR (min.), 4 oz. cups 4 oz.14976$00.0000$00.0000 8Ice Cream, NSA Vanilla, Type I, Grade I, General 10.0% MR (min), 4 oz. cup (No sugar added) 4 oz.10000$00.0000$00.0000 9Ice Cream, Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.7488$00.0000$00.0000 10Ice Cream, NSA Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz.4000$00.0000$00.0000 11Ice Cream, Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.2000$00.0000$00.0000 12Ice Cream, NSA Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz. 2000$00.0000$00.0000 13Sherbet, Orange, Type IV (4 oz. cups)4 oz.12000$00.0000$00.0000 14Buttermilk0.5 pint3000$00.0000$00.0000 15Lactaid or Lactose Free Milk0.5 pint4500$00.0000$00.0000 16Eggnog, Dairy, Regular, Plastic, Ref0.5 gallon9$00.0000$00.0000 17Juice, Jungle / orange juice1 quart624$00.0000$00.0000 Total Aggregate Cost FY 18 $_________________ Option Year 4: October 01, 2018 - September 30, 2019. Item #Product DescriptionUnitEstimated Quantity Unit Cost Extended Cost 1 Milk - 2% Milk Fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint78000 $00.0000 $00.0000 2Milk - Non-fat, Skim with 0.5% or less milk fat, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint36000 $00.0000$00.0000 3Milk - 0.5 to 1% Milk Fat, Chocolate Flavored, Low fat, Grade A, containing 8.25% milk solids, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint12000 $00.0000$00.0000 4Milk - Whole, Grade A, homogenized, pasteurized, and fortified with vitamins A and D0.5 pint7800 $00.0000$00.0000 5Sour Cream, 18% Ref SS Stik Pk 1 oz. PK50$00.0000$00.0000 6Cottage Cheese, Group I, Type II, Low fat, Small or Large Curd, Style A or B 4 oz.1600$00.0000$00.0000 7Ice Cream, Vanilla, Type I, Grade I, General 10.0% MR (min.), 4 oz. cups 4 oz.14976$00.0000$00.0000 8Ice Cream, NSA Vanilla, Type I, Grade I, General 10.0% MR (min), 4 oz. cup (No sugar added) 4 oz.10000$00.0000$00.0000 9Ice Cream, Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.7488$00.0000$00.0000 10Ice Cream, NSA Chocolate, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz.4000$00.0000$00.0000 11Ice Cream, Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups 4 oz.2000$00.0000$00.0000 12Ice Cream, NSA Strawberry, Type I, Grade I, General 10.0% MR (min), 4 oz. cups (No sugar added) 4 oz. 2000$00.0000$00.0000 13Sherbet, Orange, Type IV (4 oz. cups)4 oz.12000$00.0000$00.0000 14Buttermilk0.5 pint3000$00.0000$00.0000 15Lactaid or Lactose Free Milk0.5 pint4500$00.0000$00.0000 16Eggnog, Dairy, Regular, Plastic, Ref0.5 gallon9$00.0000$00.0000 17Juice, Jungle / orange juice1 quart624$00.0000$00.0000 Total Aggregate Cost FY 19 $_______________ Base Year October 1, 2014 through September 30, 2015 $ 0000.0000 Option Year 1 October 1, 2015 through September 30, 2016 $ 0000.0000 Option Year 2 October 1, 2016 through September 30, 2017 $ 0000.0000 Option Year 3 October 1, 2017 through September 30, 2018 $ 0000.0000 Option Year 4 October 1, 2018 through September 30, 2019 $ 0000.0000 ___________________________________________________________________ Total Aggregate Price Base + 4 (1) year options $ 0000.0000 a) If ice cream is purchased through the Contractor, the Contractor shall provide an ice cream freezer on Memphis VAMC premises for storage. 3. RECOGNIZED FEDERAL HOLIDAYS: New Year's Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Deliveries that fall on Federal holidays may require additional coordination with the COTR in advance. 4. HURRICANES/DISASTERS/EMERGENCIES: The contractor must be able to ensure delivery to the VA at all times, inclusive of hurricane, disasters, and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency situation, including but not limited to a hurricane. For anticipatory situations, such orders will be placed 24 hours or less in advance. In an emergency, the contractor will be notified with the amount and type of products required by the VA that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal weekly order. The contractor shall provide the Contracting Officer and both technical representatives with its designated point of contact and contact information for emergency orders. 5. SPECIFICATIONS AND STANDARDS: A. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations, promulgated hereunder. B. Quality Assurance. All raw milk for pasteurization, condensed and dried milk, finished products and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A pasteurized Milk Ordinance - 1978 Recommendations of the United States Public Health Service" or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of 90 or more as certified by the State Milk Sanitation Rating Officer and shall be listed in the "Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers." Milk laboratories approved by Federal and State agencies and listed in the previously mentioned document shall do all testing. C. Contractor's Certification. By submitting an offer, the contractor certifies that the product offered meets the specified salient characteristics and requirements of the Federal Hospital Subsistence Guide; conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling territories, or possessions; and is sold in the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including, delivery at final destination as may be necessary to determine conformance with the terms of the contract. D. Alternate Items. Offers on items not listed above (alternate items) will only be considered if acceptable bids on required items are not available or an offer is not received. Offerors must clearly identify any items that are not exact and specify the exceptions which differ from the required item. 6. SANITATION AND WORKMANSHIP: 1. All products furnished shall be prepared, processed and packed under sanitary conditions and in accordance with good commercial practice. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Chilled and frozen items shall be maintained at temperatures necessary for the preservation of the product according to the standards established by the Food & Drug Administration (FDA). 2. The VA Contracting Specialist or his/her designee reserves the right to inspect the Offeror's premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises in order to verify compliance with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling storage, distribution, and sales of the products with the commercial marketplace may be performed by the government prior to contract award. If the plant of the apparent low Offeror does not meet specification or is not acceptable, the quote will be rejected. 7. FRESHNESS REQUIREMENT FOR DAIRY PRODUCTS: A. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice at a minimum: (1) Milk, whipping cream (fresh), eggnog and half and half (fresh) must be delivered a minimum of 14 days prior to the expiration date and within 72 hours after pasteurization. (2) Half and Half (ultra-pasteurized), and buttermilk must be delivered a minimum of 21 days prior to the expiration date. (3) Whipping cream (ultra-pasteurized), and cream (ultra-pasteurized) must be delivered a minimum of 21 days prior to the expiration date. (4) Cottage cheese, cultures, normal shelf life must be delivered within 4 days after date of packing, cottage cheese, acidified, normal shelf life, must be delivered within 5 days after date of packaging, cottage cheese, culture or acidified, extended shelf life, must be delivered a minimum of 21 days prior to the expiration date. (5) Sour Cream must be delivered a minimum of 21 days prior to the expiration date. (6) Ice milk mix, fresh (soft serve), milk shake mix, fresh (direct draw) must be delivered a minimum of 21 days prior to the expiration date. (7) Yogurt must be delivered a minimum of 21 days prior to the expiration date. 852.246-72 FROZEN PROCESSED FOODS (JAN 2008) The products delivered under this contract shall be in excellent condition, shall not show evidence of defrosting, refreezing, or freezer burn and shall be transported and delivered to the consignee at a temperature of 0 degrees Fahrenheit or lower. (End of Clause) 8. PACKAGING, PACKING, AND LABELING: A.Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., shall conform to normal commercial practices and applicable carrier rules and regulations, involving shipment from the contractor to the receiving 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). NOTE: (a) Gallon Containers - Acceptable packaging = plastic containers (b) � pint Containers - Acceptable packaging = � PT Cardboard Containers measuring 4-1/2" x 2-1/3" OR � PT Cardboard Containers measuring 2-7/8" x 3" B. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling, complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. C. All fluid milk products will have a pull date (date stamped on container) that is a minimum of seven (7) days before expiration on the date of delivery. Expiration dates shall be legible on each product. Cottage Cheese, yogurt, and sour cream will have a minimum expiration date of fourteen (14) days after delivery. Failure to comply with this requirement will render a contract in default and be grounds for termination. D. If it is determined that a significant number of products are leaking, spoiled, or otherwise found to not be in accordance with the specifications contained herein, the Contractor will be notified to exchange the products for ones that are in accordance with these specifications within two hours of notification. If the number of such products is determined to be insignificant in number, they may be held for pick up by the contractor at the next scheduled delivery. 9. SOURCE OF MANUFACTURE Items supplied under this contract are required to originate from a sanitarily approved source. The supplier must identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code. Preference will be given to locally sourced vendors. 10. ENVIRONMENTAL STANDARDS Should the contractor manufacturer and provide company brand milk products, the contractor should utilize, if possible, recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity. List recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity. 11. METRIC PRODUCTS Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376B and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer's Technical Representative, will accept or reject the product. 12. ORDERING 1. The Memphis VA Medical Centers estimate milk orders will be submitted up to three times per week, with 48 hours' notice, with the Government reserving the right to adjust orders 24-hours prior to scheduled delivery. Ice cream orders will be submitted weekly, as needed, with 48 hours' notice and with the Government reserving the right to adjust orders 24 hours prior to scheduled delivery. Orders will be placed by the COTR or his/her designee. Each order will show ship to and bill to addresses and purchase order number (if required). Orders for product may be placed by phone, fax, email, mail or EDI. If the contractor is not already set up as an EDI Vendor, they must be set-up by contacting the VA Austin Automation Center. 2. Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. Actual quantities ordered may vary among the line items. 13. PACKING LIST There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: Contractors name and address; VA Purchase Order Number (if one is provided); the VA Facility and Service placing the order; the items shipped; and quantity. 14. RETURN POLICY Offeror's shall clearly indicate their return policy with their bid. Defective product or incorrect product shipped by contractor error shall be replaced at no cost to the Government. Product shipped by Government error may be returned subject to the contractor's normal return policy. Offeror's shall provide the name and telephone number for reporting delivery/product problems for each VA location. 852.246-71 INSPECTION, ALTERNATE I (JAN 2008) The contractor shall remove rejected supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for nor pay for products rejected. The contractor will be liable for costs incident to examination of rejected products. (End of Clause) 15. UTILIZATION OF CONTRACT: Delivery orders will be issued on an as-needed basis. 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after October 5, 2012 unless an option is exercised for continued service. (End of Clause) 16. DELIVERIES AND INVOICING 1. Deliveries shall occur up to four times per week between the hours of 8:00 a.m. and 11:00 a.m. Monday, Wednesday, Thursday, and Friday, excluding federal holidays. Ice Cream will be delivered once per week between the hours of 8:00 a.m. and 11:00 a.m. Requests for deliveries on different days and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing. 2. Deliveries and invoicing for the Nutrition and Food Services must be accomplished separately at the office listed below. Invoices must contain at a minimum the purchase order and itemized list of products delivered, unit prices, and total price. Nutrition & Food Services Accounting Section (614/120) Memphis VA Medical Center 1030 Jefferson Avenue Memphis, TN 38104 3. While performing under this contract, all vehicles used by the contractor shall be locked and the keys removed when not in use. This is intended to protect the contractor's property as well as the safety of patients and staff at the medical centers. 4. While performing under this contract, all vehicles used by the contractor shall have temperature tracking systems in place on the refrigerated trucks to ensure they are being maintained in accordance with federal safety & sanitation guidelines. 17. PAYMENTS Payments under this contract shall be made by Electronic Fund Transfer (EFT) by the VA or VCS Finance Center. See Clause 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration for further information. Contractor may elect to accept the Government Purchase Card as a method of payment for all orders under $3,000.00 if the contractor is set-up to accept credit cards. 18. EVALUATION CRITERIA 1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factors shall be used to evaluate offers: Price: Past Performance: Technical: 19. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) Keith Hill Cook Supervisor, Nutrition & Food Services (901) 523-8990, ext. 5852 Keith.Hill1@va.gov 20.CONTRACT ADMINISTRATION DATA: The contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the contracting officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. ****Submit all bids via email to Eric.lee11@va.gov**** Eric Lee Contract Specialist Department of Veterans Affairs Network Contracting Office (NCO) 9 Central Region 1639 Medical Center Parkway Suite 400 Murfreesboro, TN 37129 P: 615-225-5973 F: 615-849-3769 E-mail: eric.lee11@va.gov Table of Contents SECTION A1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1 SECTION B - CONTINUATION OF SF 1449 BLOCKS16 B.1 52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES (JAN 1997)16 B.2 CONTRACT ADMINISTRATION DATA17 B.3 52.232-18 AVAILABILITY OF FUNDS (APR 1984)18 B.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)18 B.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)18 B.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990)18 B.7 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)18 SECTION C - CONTRACT CLAUSES19 C.1 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)19 C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)19 C.3 VAAR 852.246-71 INSPECTION (2008) ALTERNATE I (JAN 2008)20 C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)20 C.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)21 C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2014)21 SECTION E - SOLICITATION PROVISIONS27 E.1 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)27 SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES (JAN 1997) (a) The Contractor warrants that the unit price stated in the Schedule for is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that- (1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and (2) Is the net price after applying any standard trade discounts offered by the Contractor. (b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly. (c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations: (1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price. (2) The increased contract unit price shall be effective- (i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter; or (ii) If the written request is received later, on the date the Contracting Officer receives the request. (3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause. (4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price. (5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase. (d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause. (End of Clause) B.2 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR:Eric Lee b. GOVERNMENT: Contracting Officer 00614 Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X]52.232-34, Payment by Electronic Funds Transfer-Other Than System For Award Management, or [X]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[x] upon 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. Department of Veterans Affairs FSC P O Box 149971 Austin TX 78714 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NODATE B.3 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) B.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause) B.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) B.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) B.7 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of Clause) SECTION C - CONTRACT CLAUSES ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS 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.1 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value. (End of Clause) C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (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. (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. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (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). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, 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 852.246-71 INSPECTION (2008) ALTERNATE I (JAN 2008) The contractor shall remove rejected supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for nor pay for products rejected. The contractor will be liable for costs incident to examination of rejected products. (End of Clause) C.4 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Clause) FAR NumberTitleDate 52.232-35DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATIONJUL 2013 52.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 2013 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013 C.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) (End of Addendum to 52.212-4) C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2014) (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 items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) SECTION E - SOLICITATION PROVISIONS ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation: (End of Addendum to 52.212-1) E.1 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Past performance 2. Technical-sailent characteristics 3. Price Technical and past performance, when combined, are are greater than price alone. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR NumberTitleDate 52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMSMAY 2014
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/VA/NaVAMC/VAMCCO80220/VA24914Q0641/listing.html)
Document(s): Attachment; File Name: VA249-14-Q-0641 VA249-14-Q-0641_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1453527&FileName=VA249-14-Q-0641-000.docx); Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1453527&FileName=VA249-14-Q-0641-000.docx; Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
Record: SN03406189-W 20140627/140625235252-e2bc9046cb5e102d02a482321f9f7ca4 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

89 -- Memphis VAMC-Dairy Base + 4 Solicitation - Attachment