Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 02- Questions and Answers provided. Combo Synop and SOW updated to include option years. Pricing Sheet provided for base and option years. Amendment 01- RFQ Closing Extended due to pending q... Amendment 02- Questions and Answers provided. Combo Synop and SOW updated to include option years. Pricing Sheet provided for base and option years. Amendment 01- RFQ Closing Extended due to pending questions. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-06 Effective July 12, 2021. This solicitation is set-aside for Small Business The associated North American Industrial Classification System (NAICS) code for this procurement is 311511, with a small business size standard of 1,000. The FSC/PSC is 8910. All interested companies shall provide quotation for services for the following estimated quantities for the delivery of milk products to Southern Nevada VA Healthcare System for a period of performance of 01 October 2021 to 30 September 2022 and three option years In Accordance With The Attached Statement of Work and Pricing Sheet: Period: 10/01/2021 – 09/30/2022 (Base Year) Description/Part Number* Price Per Unit Qty Total Annual Estimated Price Milk 2% 1/2 Pint 28600 Milk - Skim 1/2 Pint 5200 Chocolate Milk Fat Free 1/2 Pint 5200 Ice Cream Dixie Cup Vanilla 12pk case 8 Ice Cream Dixie Cup Chocolate 12pk case 8 Cottage Cheese Lowfat 5# tubs 4 Period 10/01/2022– 09/30/2023 (Option Year 1) Description/Part Number* Price Per Unit Qty Total Annual Estimated Price Milk 2% 1/2 Pint 28600 Milk - Skim 1/2 Pint 5200 Chocolate Milk Fat Free 1/2 Pint 5200 Ice Cream Dixie Cup Vanilla 12pk case 8 Ice Cream Dixie Cup Chocolate 12pk case 8 Cottage Cheese Lowfat 5# tubs 4 Period 10/01/2023 – 09/30/2024 (Option Year 2) Description/Part Number* Price Per Unit Qty Total Annual Estimated Price Milk 2% 1/2 Pint 28600 Milk - Skim 1/2 Pint 5200 Chocolate Milk Fat Free 1/2 Pint 5200 Ice Cream Dixie Cup Vanilla 12pk case 8 Ice Cream Dixie Cup Chocolate 12pk case 8 Cottage Cheese Lowfat 5# tubs 4 Period 10/01/2024 – 09/30/2025 (Option Year 3) Description/Part Number* Price Per Unit Qty Total Annual Estimated Price Milk 2% 1/2 Pint 28600 Milk - Skim 1/2 Pint 5200 Chocolate Milk Fat Free 1/2 Pint 5200 Ice Cream Dixie Cup Vanilla 12pk case 8 Ice Cream Dixie Cup Chocolate 12pk case 8 Cottage Cheese Lowfat 5# tubs 4 Place of Performance/Place of Delivery Address: Southern Nevada VA Healthcare System 6900 N Pecos Road North Las Vegas, NV Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, “Instructions to Offerors–Commercial Items” FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” [OCT 2018] FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” [NOV 2020] FAR 52.217-8, “Option to Extend Services” [NOV 1999] FAR 52.217-9, “Option To Extend The Term Of The Contract” [MAR 2000] VAAR 852.204-70 “Personal Identity Verification of Contractor Personnel” [MAY 2020] VAAR 852.212-70 “Provisions and Clauses Applicable To VA Acquisition Of Commercial Items” [APR 2020] VAAR 852.237-75 Key Personnel [OCT 2019] VAAR 852.242-71 Administrative Contracting Officer [OCT 2020] VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference [JAN 2008] The following subparagraphs of FAR 52.212-5 are applicable: 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91). (3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 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: [X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note). [X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). [X] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). [X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). [X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)). [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). [X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.) [X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [X] (51) 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). [X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020). [X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). (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: [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (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). [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). [X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91). (iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232). (v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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. The following subparagraphs of VAAR 852.212-70 are applicable: PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. _X__ 852.203-70, Commercial Advertising. _X__ 852.209-70, Organizational Conflicts of Interest. __X_ 852.232-72, Electronic Submission of Payment Requests. __X_ 852.233-70, Protest Content/Alternative Dispute Resolution. _X__ 852.233-71, Alternate Protest Procedure. All offerors shall submit the following: Price: All offers must submit a proposal with pricing for the milk products and delivery In Accordance With The Attached Statement of Work and Pricing Sheet. Pricing will include the base year and all option years. Technical Expertise: All offers’ must submit the following to be considered for award of this contract: 1. All offers’ must submit include and detail the specifications for the milk products and delivery services offered. Past Performance: All offers must submit examples of previous contracts . All VA contracts/task orders All relevant contracts/orders entered into with: Other Federal GovemmentAgencies, State Agencies, Local Governments, and Commercial Customers All quotes shall be sent to Victoria Torres, Contracting Officer at Victoria.Torres@va.gov. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. Options will be evaluated at time of award. The following are the decision factors: TECHNICAL PAST PERFORMANCE PRICE Technical and past performance, when combined, are Approximately equal to cost or price 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). 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. 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES (a) Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (b) The following factors shall be used to evaluate quotations: (1) Technical (2) Past Performance (3) Price (c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following: (1) Technical: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. (2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis. (3) Price: The Government will evaluate the price by adding the total of all line item prices, including all options The Total Evaluated Price will be that sum. (d) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs) and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s). To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any Submission of your response shall be received not later than 4:00 PM, 25 August 2021 at victoria.torres@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Victoria M. Torres, Contracting Officer, victoria.torres@va.gov