MEMPHIS - DAIRY - UNRESTRICTED
(i)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii)The combined synopsis/solicitation number is 36C24920Q0008. It is issued as a request for quotation (RFQ).
(iii)The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03, effective 07/12/2019.
(iv) The combined synopsis/solicitation is Unrestricted with evaluation factors in accordance with (IAW) VAAR 813.003-70(c)(2). Offeror must be listed and certified in www.Vetbiz.gov and must be registered in System for Award Management (SAM) www.SAM.gov prior to being considered for Award. The NAICS is 311511, Fluid Milk Manufacturing. Business size standard is 1000 employees.
(v) PRICE/COST SCHEDULE: MEMPHIS VAMC seeks to award a Requirements-type, Indefinite Delivery Contract (IDC) vehicle on a firm-fixed price with economic price adjustment basis to procure throughout the year and subsequent option years. the following items:
Note: Quantities are estimated, and the list is not all inclusive. The facility may or may not procure all items or their estimated quantities throughout the life of the contract.
PRICE / COST SCHEDULE
ITEM NUMBER
DESCRIPTION
QTY
UNIT
1
Low-Fat Milk, 2% pasteurized and homogenized with added Vitamins A&D in half pint wax or plastic-coated vending type containers.
Multiples per unit: 48/case
1275
CS
2
Nonfat/skim/fat-free Milk, pasteurized and homogenized with less than 0.5% milkfat with added Vitamins A&D, in half pint wax or plastic-coated vending type containers.
Multiples per unit: 48/case
228
CS
3
Low-Fat (1%) Chocolate milk, pasteurized, and homogenized chocolate-flavored with added Vitamins A&D in half pint wax or plastic-coated vending type containers.
Multiples per unit: 48/case
175
CS
4
Whole milk, pasteurized and homogenized with added Vitamins A&D in half pint wax or plastic-coated vending type containers.
Multiples per unit: 48/case
213
CS
5
Buttermilk, pasteurized, cultured nonfat/skim/fat free, with added Vitamins A&D, in half-pint wax or plastic-coated vending type container.
21
CS
6
Cottage Cheese, cultured, Subgroup 1 (normal shelf life 14 days or over) or subgroup 2 (extended shelf life 21 days and over), type II (low fat, not less than 0.5 nor more than 2.0% milk fat), unflavored, small or large curd styles, 4-oz container.
1872
EA
7
Sour Cream, homogenized, cultured, contains not less than 18% milkfat, plain, without artificial flavor and/or Citric acid in 1-oz container
1
EA
8
Sherbet, orange, 4-fluid ounce cup, orange-flavored, package of four.
1000
PA
9
Vanilla Ice Cream, No Sugar Added, 4-fluid ounce cup,
4000
EA
10
Vanilla Ice Cream, 4-fluid ounce cup
9504
EA
11
Chocolate Ice Cream, No Sugar Added, 4-fluid ounce cup
2304
EA
12
Chocolate Ice Cream, 4-fluid ounce cup
2000
EA
13
Strawberry Ice Cream, No Sugar Added, 4-fluid ounce cup
2000
EA
14
Strawberry Ice Cream, 4-fluid ounce cup
6000
EA
15
Lactose-Free Milk, pasteurized and homogenized with added Vitamins A&D in half pint wax or plastic-coated vending type containers.
2000
EA
FAR 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 10 days.
(End of clause)
FAR 52.217-9 Option to Extend the Term of the Contract.
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 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 years and six months.
(End of clause)
(vi) REQUIREMENT DESCRIPTION: All raw milk for pasteurization, finished products, and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A pasteurized Milk Ordinance 2015, 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.
All dairy products shall have enough 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.
All products furnished shall be processed, packaged, and labeled under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth or contamination.
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 will have a minimum expiration date of 14 days after delivery. Failure to comply with this requirement will render a contract in default and grounds for termination.
All products furnished shall be processed at plants that have passed inspection by the Federal Government and meet local and state health and business license requirements.
The products delivered shall be in excellent condition with no evidence of defrosting or refreezing.
AUTHORIZATION FOR CHANGES: The contractor shall contact the Contracting Officer (CO) on all matters pertaining to administration. Only the CO is authorized to make commitments to issue changes which will affect the price, quantity and quality or delivery of this contract.
ALTERNATE ITEMS: Offerors may propose alternate items, packaging or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate items will be made against a common denominator (i.e., weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications.
(vii) ORDERING & DELIVERY: FOB point, Delivery and Acceptance will be:
Memphis VA Medical Center
1030 Jefferson Avenue, MEMPHIS, TN 38104-2127
Date(s) for Delivery: Base Year: 10/01/2019 through 09/30/2020
Option Year#1: 10/01/2020 through 09/30/2021
Option Year #2: 10/01/2021 through 09/30/2022
Option Year #3: 10/01/2022 through 09/30/2023
Option Year #4: 10/01/2023 through 09/30/2024
Six-Month Extension: 09/30/2024 03/31/2025
The CO shall authorize personnel to place delivery orders for products listed in the schedule of pricing.
Orders shall be placed no less than one (1) work day prior to the required delivery date, upon delivery at the receiving location, items ordered shall be less than 24 hours old.
Deliveries shall be made as requested by the COR or his/her designee, excluding Saturday, Sunday and Federal Holidays. For the MEMPHIS campus, deliveries should be made between 5:00am and 7:00am on Tuesday and Friday. Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:
Memorial Day
Thanksgiving
4th of July
Christmas
Labor Day
New Years
Columbus Day
Martin Luther King Day
Veteran s Day
Presidents Day
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 center.
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 and sanitation guidelines.
Packing List. There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: Contractor s name and address; VA purchase order number (if one is provided); the VA facility and service placing the order; the items shipped and quantity.
Disasters and Emergencies. The Contractor must be able to ensure delivery to the VA at all times, inclusive of disasters and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency situation. 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 maybe placed for larger quantities than the normal weekly order. The Contractor shall provide the CO and the COR with its designated point of contact and contact information for emergency orders.
(viii) Provision 52.212-1, Instructions to Offerors Commercial (Oct 2018), applies to this acquisition.
ADDENDUM to FAR 52.212-1 Instructions to Offerors Commercial (OCT 2018)
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 provisions are incorporated into 52.212-1 as an addendum to this contract:
(c): Period for acceptance of Quote is a minimum of 60 calendar days.
(f): LATE OFFERS (JAN 2003) Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the contracting officer, if determined to be in the best interest of the Government.B Late bids submitted in response to an invitation for bid (IFB) will not be considered.
(End of Provision)
FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of Provision)
VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016) (DEVIATION)
(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled Veteran-owned or Veteran-owned small business status and their proposed use of eligible service-disabled Veteran-owned small businesses and Veteran-owned small businesses as subcontractors.
(b) Eligible service-disabled Veteran-owned offerors will receive full credit, and offerors qualifying as Veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor.B To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov).
(c) Non-Veteran offerors proposing to use service-disabled Veteran-owned small businesses or Veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor.B Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts.B In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (https://www.vip.vetbiz.gov).
(End of Provision)
(ix) Provision 52.212-2, Evaluation Commercial Items (OCT 2014), applies to this acquisition.
(a) The Government will award a contract resulting from this solicitation to the responsible offeror based on the Best Value to the Government: i.e. Award will be made to the government quote that meets or exceeds ALL requirement of this solicitation at a fair and reasonable price (Firm Fixed Price) based on both price and non-price considerations like delivery schedule, past performance, product selection, and inclusion of service-disabled Veteran-owned small businesses and Veteran-owned small businesses as subcontractors, and completion of required deliverables.
(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)
(x) Provision 52.212-3 Offeror Representations and Certifications Commercial items (OCTOBER 2018) applies to this acquisition. Offeror MUST provide with their quote a completed copy of their Representations and Certifications per 52.212-1(b)(8). Offeror Representations and Certifications can be accessed electronically at the following web address: https://www.acquisition.gov/far/index.html or https://www.sam.gov/portal/SAM/portal
(xi) Clause 52.212-4, Contract Terms and Conditions Commercial Items, applies to this
Acquisition.
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:
FAR 52.216-18 ORDERING (OCT 1995)
B (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2019B through 03/31/2025.B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B .
B (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
B (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
B (a) Minimum order.B When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
B (b) Maximum order.B The Contractor is not obligated to honor
B B B (1) Any order for a single item in excess of B $500.00;B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B ;
B B B (2) Any order for a combination of items in excess of $5,000.00; or
B B B (3) A series of orders from the same ordering office within 10B calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
B (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
B (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3B business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.B Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
FAR 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 3/31/2025, if all options were properly executed.
(End of Clause)
FAR 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 . 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)
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)
VAAR 852.216-72 PROPORTIONAL ECONOMIC PRICE ADJUSTMENT OF CONTRACT PRICE(S) BASED ON A PRICE INDEX (MAR 2018)
(a) To the extent that contract cost increases are provided for by this economic price adjustment clause, the Contractor warrants that the prices in this contract for any option periods do not include any amount to protect against such contingent cost increases.
(b) The cost index, for the purpose of price adjustment under this clause, shall be PPI for Fluid Milk and related products manufacturing as contained in
https://beta.bls.gov/dataViewer/view/timeseries/PCU311511311
Database code: PCU311511311 as published by the Bureau of Labor Statistics All adjustments authorized under this clause shall be made by using the Base Index and Adjusting Indexes, which are published monthly, and finalized 90-days thereafter.
(1) The Base Index, for the purposes of price adjustment under this clause, shall be the most recent Index published prior to the closing date for receipt of offers, or the due date for receipt of best and final offers if discussions are held. This Base Index shall remain constant throughout the life of the contract, including all options.
(2) The Adjusting Index shall be the most recent Index published prior to the date of contract adjustment, as specified in paragraph (f).
(c) For purposes of this clause, it will be conclusively presumed that thirty percent (30%) of the price of each line item represents the Base Cost of Fluid milk processing and packaging and the resulting Base Cost will be the basis upon which adjustment will be made under this clause. This Base Cost will be used in calculating all adjustments to the following line items: All
A new Base Cost will be calculated for each option year period based on the new option year prices.
(d) The percentage of the price of the indexed commodity (see paragraph (c)) remains fixed throughout the life of the contract and is not subject to modification under this clause. Any pricing actions pursuant to the Changes clause or other clause or provision of the contract, except for this clause, will be priced as though there were no provisions for economic price adjustment.
(e) All price adjustments shall be applicable only to the specific contract adjustment period to which the calculations are made. For every contract adjustment period, new calculations shall be made and new prices determined. Every adjustment during the Base Year shall be based on the original contract prices for that contract year and every adjustment during an option year shall be based on the original contract prices for that option year. The Contracting Officer must make new calculations for each and every contract adjustment period specified in paragraph (f) and at the beginning of each new option year, if different.
(f) The dates of contract adjustment shall be and the starting dates of each option year, if not already included in these dates. The Contracting Officer shall retain a copy of the Base Index in the contract file and, on each date of adjustment specified herein, obtain a copy of the Adjusting Index. The Contracting Officer shall calculate the adjustment due and shall, within 5 business days, issue a modification to the contract adjusting the contract or unit price(s). The adjusted contract or unit price(s) shall be effective for all orders placed or services provided after the date of contract adjustment, as specified in this paragraph (f), until the date of the next contract adjustment. If the Contracting Officer fails to act, the Contractor shall request a contract adjustment in writing and any subsequent adjustment shall be retroactive to the applicable date of contract adjustment. The Contractor s entitlement to price increases for a prior contract period (base year or option year) shall be waived unless the Contractor s written request for an adjustment under this clause is received by the Contracting Officer no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year. The Government s right to contract decreases for prior contract periods (base year or option year) shall be waived unless the Contracting Officer processes a contract modification no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year.
(g) An example of an adjustment calculation is provided herein for informational purposes only:
(1) For purposes of this example, assume that a contract is for ambulance services, that the contract price is $2.10 per mile one way, that price adjustments will be made on the basis of the cost of gasoline, that the cost of gasoline represents 10% of the total cost per mile (the Base Cost is 10% of $2.10 (the per mile one way price in Line Item X), or $0.21), and that contract adjustments will be made quarterly. If the Base Index (the price of gasoline the week prior to receipt of bids) is $1.559 per gallon and the price of gasoline at the first date of contract adjustment is $2.129 per gallon, the calculations for contract price adjustment would be as follows:
Adjusting Index (most recent Index cost of gasoline as of the date of the first adjustment period
$2.129 per gallon
Minus the Base Index (Index cost of gasoline as of the date of receipt of offers)
-$1.559 per gallon
Equals increase (or decrease) to the Base Index
$0.570
Divide increase (or decrease) to the Base Index by the Base Index
$0.570 / $1.559 = .3656 * (36.56% increase
Base Cost of $0.21 (10% of $2.10) multiplied by .3656 = $0.0768 unit price increase
New Unit price following the adjustment is $2.10 plus $0.0768 = $2.1768 per mile (rounded to $2.18) **
* This figure shall be rounded to the fourth decimal place. When the fifth decimal is 1 to 4, the figure shall be rounded down, 5 to 9, rounded up.
** The unit price adjustment shall be rounded up or down, as above, to match the number of decimal places in the original bid.
(2) For the second contract adjustment period, all calculations would be based on the original contract bid price for that contract year, $2.10 per mile in this example. If the price of gasoline goes down during the second adjustment period to the original Base Index price of $1.559 per gallon, the adjusted contract price for that second period would return to $2.10 per mile (there would be a zero percent increase or decrease to the Base Cost and thus no change to the original bid price for that contract adjustment period). The Contracting Officer would then issue a contract modification returning the contract price from $2.18 to $2.10 per mile for that contract adjustment period. If, on the other hand, the price of gasoline actually went below the Base Index price, say to $1.449 per gallon, the calculations for the second economic price adjustment period would be as follows:
Adjusting Index (most recent Index cost of gasoline as of the date of the second adjustment period)
$1.449 per gallon
Minus the Base Index (Index cost of gasoline as of the date of receipt of offers)
-$1.559 per gallon
Equals increase (or decrease) to Base Index
($0.110) (a negative $.11)
Divide increase (or decrease) to the Base Index by the Base Index
($0.11) / $1.559 = (.0706) (7.06% decrease)
Base Cost of $0.21 (10% of $2.10) multiplied by (.0706) = ($0.0148) unit price decrease
New Unit price following the second economic price adjustment is $2.10 minus $0.0148 = $2.0852 per mile (rounded to $2.09)
(3) At the start of the first option year, the Contracting Officer shall recalculate the price per mile based on any changes in the price of gasoline from the original contract award date and based on the Contractor s new first option year price per mile. Assuming the Contractor s bid price per mile for the first option year was $2.25 per mile, the new Base Cost for gasoline would be 10% of $2.25, or $0.225 (note that the original percent figure from paragraph (c) (10% in this sample) stays constant throughout the life of the contract), but the Base Cost would change if the option year contract price changes. If the Adjusting Index for gasoline at the start of the first option year was now up to $1.899 per gallon, the new first option year price for the first contract adjustment period would be calculated as follows:
Adjusting Index (most recent Index cost of gasoline as of the first day of the first option period
$1.899 per gallon
Minus the Base Index (Index cost of gasoline as of the date of receipt of offers
-$1.559 per gallon
Equals increase (or decrease) to the Base Index
$0.340
Divide the increase (or decrease) to the Base Index by the Base
$0.34 / $1.559 = .2181 (21.81% increase)
Base Cost of $0.225 (10%* of $2.25) multiplied by .2181 = $0.0491 unit price increase. New Unit price for the first contract adjustment period in the first option year is $2.25 plus $0.0491 = $2.2991 per mile (rounded to $2.30 per mile).
* Note that the percentage remains constant (10%) but that the Base Cost has been increased for the first contract adjustment period in the first option year, since the Base Cost is a percentage of the first option year unit cost per mile (in this sample), and the unit cost per mile has increased in this sample for the first option year from $2.10 to $2.25. Although the new unit price for the first contract adjustment period of the first option year following application of the economic price adjustment in this sample would be $2.30 per mile, all economic price adjustment calculations made during that first option year would be based on the original first option year bid price ($2.25 in this sample). If in the second contract adjustment period of the first option year, the calculations resulted in a unit price increase for gasoline of $0.0332, the adjusted price for that period would be $2.25 + $0.0332 = $2.2832, rounded to $2.28 per mile.
(h) Price adjustments pursuant to this clause, which shall be made by contract modification issued by the Contracting Officer, shall show the Base Index (see paragraph (b)(1)), the Adjusting Index, the Base Cost (see paragraph (c), the mathematical calculations used to arrive at the adjusted contract unit price, and the effective date of the adjustment.
(i) In the event that discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. If the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index, effective on the date the Index specified herein begins to consistently and substantially fail to reflect market conditions.
(j) Any dispute arising under this clause shall subject to the Disputes clause of the contract.
(End of Clause)
VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.
(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.
(End of Clause)
VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause)
FAR 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 (FAR)
http://www.va.gov/oal/library/vaar/index.asp (VAAR)
FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2016
52.204-18
52.204-22
52.232-18
52.232-37
52.232-40
852.203-70
852-246-71
852.246-72
852.270-1
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
ALTERNATIVE LINE ITEM PROPOSAL (PROVISION AVAILABILITY OF FUNDS
MULTIPLE PAYMENT ARRANGEMENTS
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
COMMERCIAL ADVERTISING
REJECTED GOODS
FROZEN PROCESSED FOODS
REPRESENTATIVES OF CONTRACTING OFFICERS
JUL 2016
JAN 2017 APR 1984
MAY 1999
DEC 2013
MAY 2018
OCT 2018
OCT 2018
JAN 2008
(End of Clause)
(xii) Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes
or Executive Orders Commercial Items, applies to this acquisition including, if any, additional FAR clauses cited in the clause are applicable to the acquisition.
(4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109 282) (31 U.S.C. 6101 note).
(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note)
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).
(26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(28)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).
(29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212)
(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793)
(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
(47)(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.
(49) 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)
(55) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332)
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(xiii) The following contract terms and conditions are deemed necessary for this acquisition and consistent with customary commercial practices: NA
(xv) This RFQ closes September 4, 15:00 hrs (EST). Submit all quotes and deliverables by e-mail to sascha.hertslet@va.gov with subject line RFQ 36C24920Q0008.
DELIVERABLES
FAR 52.212-3, Offeror Representations and Certifications Commercial Items (Oct 2018) Not a copy from SAM.gov, but a newly completed one.
Completed Offeror Certification of Plant Inspection form with Inspection Report.
Copy of Dairy Distributor License for the state of Tennessee, if products come from out-of-state.
Copy of Dairy Plant License for the state the dairy product is acquired .
Past Performance Statement indicating current or past experience for similar-sized and type (i.e. scope) procurements. Statement shall give a minimum of two customer references associated with the current or past similar procurement-related experience. Customer references shall give an email address or direct phone number to the proper person-in-charge to verify past experience
Pricelist of products available for purchase at the offered rate to the Government
Quote/proposal for estimated schedule items to include anticipated/estimated prices for The Government reserves the right to make no award at all.
Valid certification of small business socioeconomic status
(xvi) Phone calls will not be accepted, all questions or concerns must be submitted via email to sascha.hertslet@va.gov, with subject line Questions-RFQ 36C24920Q0008 by September 3, 2019, 1700 hours (EST).
OFFEROR CERTIFICATION OF PLANT INSPECTION
THE OFFEROR CERTIFIES THAT: (Check one)
( ) Within the past six (6) months no inspection of the Physical Facilities of this plant has been conducted by any agency of the Federal Government,
OR
( ) An inspection of the Physical Facilities of this plant was conducted by the:
______________________________________________________________________
AGENCY DATE OF INSPECTION
and this plant was (ACCEPTED / REJECTED) for furnishing its product to the Federal Government.
Certifying Official: ___________________________________
Name and Title
____________________________________
Signature and Date
PLEASE PROVIDE COPY OF LAST INSPECTION REPORT WITH BID PACKAGE.
SASCHA HERTSLET
CONTRACT SPECIALIST
WORK EMAIL
