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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 1132997 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02. The associated North American Industrial Classification System (NAICS) code for this procurement is 311511 with a small business size standard of 1,000.00 employees. This requirement is a Small Business Set-Aside and only qualified sellers may submit bids.

The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on:

2023-03-27 14:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above.

FOB Destination shall be Yazoo City, MS 39194

The DOJ BOP Field Offices - FCC YAZOO CITY requires the following items, Meet or Exceed, to the following:
LI 001: Dairy, Milk, Pasteurized, Nonfat, Skim, or Fat Free, No Flavor. (CID A-A-20338A, Group I, Type D, Flavor 5 - No Flavor, Packaging size c or d, Agricultural practice (1)). 1/2 Pint containers. TWICE WEEKLY DELIVERY Starting after April 1, 2023. This buy is for a quarterly award for the period of April 1, 2023 thru June 30, 2023.

FCC Yazoo City is requesting 800,000 each, 1/2 pints for the quarter from April 1, 2023 thru June 30, 2023, for 1/2 pint milk cartons or containers. FCC Yazoo is requesting for the milk cartons to be delivered twice per week to the institution.

FCC Yazoo City's Food Services Department will call to set up or schedule delivery dates with the potential vendor for milk deliveries over the period of April 1, 2023 thru June 30, 2023. 1/2 pint cartons or containers only.

Quoters MUST identify the Manufacturer or Supplier of the product they intend to provide. Quoters MUST be able to comply with FAR Clauses 52.219-14 and 52.219-33 to receive award under the SB set-aside., 800000, EA;

Solicitation and Buy Attachments

***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at https://marketplace.unisonglobal.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***

For this solicitation, DOJ BOP Field Offices - FCC YAZOO CITY intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOJ BOP Field Offices - FCC YAZOO CITY is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a bid on https://marketplace.unisonglobal.com. Offerers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers may not artificially manipulate the price of a transaction on https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith bids, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.
As defined in the Federal Acquisition Regulation (FAR) 2.101, the terms “offer” and “offeror” refer to a response to a solicitation that, if accepted, would bind the submitter to perform the resultant contract. The terms “bid” and “bidder” refer to an offer submitted in response to an Invitation for Bid (IFB). The term “proposal” refers to an offer submitted in response to a Request for Proposal (RFP). The terms “quotation,” “quote,” and “quoter” refer to a non-binding submission in response to a Request for Quotation (RFQ) which is not an offer.

Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid/Proposal/Quotation individual pricing for all required line items in order to be considered for award (i.e., Do not use the “Included in another line item” function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the FedBid ‘Submit a Question’ feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid/Proposal/Quotation being determined to be unacceptable.

New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.

Bid/Offer MUST be good for 60 calendar days after close of Buy, unless otherwise indicated.

Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.

This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov.

No partial shipments are permitted unless specifically authorized at the time of award.

Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable).

The Contracting Officer will indicate elsewhere in this Buy as to whether responses will be evaluated for award based either upon (a) price and pricing factors only (Bids/Quotes) or (b) price and other factors (Proposals/Quotes). All Bids/Proposals/Quotations must conform to the listed specifications or the Statement of Work. If award criteria are based upon (b) price and other factors, the Contracting Officer shall clearly indicate the criteria to be applied elsewhere in this Buy.

In addition to providing pricing at www.unisonmarketplace.com for this solicitation, each Bidder/Offeror/Quoter must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this Buy. Submissions can be sent to marketplacesupport@unisonglobal.com

For Exact Match Only Commodity Buys- NO SUBSTITUTIONS, EXACT MATCH ONLY. The Bidder/Offeror/Quoter may not substitute any item/service listed on this order without prior written approval from the BOP Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this Buy. Items/services that do not conform to descriptions and part numbers found in this Buy will be rejected at the time of delivery causing a return at the contractor's expense.

For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may result in non-consideration of the Bid/Proposal/Quotation. This information is REQUIRED in order for a seller’s Bid/Proposal/Quotation to be evaluated for award. FAR 52.211-6.

Past Performance will be a consideration for award: A vendor’s previous delivery history, and any Performance Alerts available through UnisonMarketplace.com and SAM.gov, will be used as a determining factor prior to award.

Nonmanufacturer Rule (Sep 2021)

(a) Definitions. As used in this clause—

Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to—

(i)Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);

(ii)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(iii)Orders expected to exceed the simplified acquisition threshold and that are—

(A)Set aside for small business under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B)Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii);

(iv)Orders, regardless of dollar value, that are—

(A)Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii); and

(v)Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.

(c) Requirements.

(1)The Contractor shall—

(i)Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead;

(ii)Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii)Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2)When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

Quoters will need to be able to comply with 52.219-33 Nonmanufacturer Rule and 52.219-14 Limitations on Subcontracting clauses to receive award under the SB set-aside.

Attachments/Links