Milk - 4th qtr

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 the notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Solicitation #RFQ-41702-021-09 (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 32. (iv) This procurement is not set-aside for Small Business. (v)Milk, 2% - pints cardboard cartons only: 52,000 ea @ _________________; Milk, Skim, 5 gallon container bladders: 1,170 ea @ _________________; (vi)Provide a fixed price for the entire term of the contract. Quantity is estimated. Actual need will be by delivery order each week for delivery the following week. Milk crates will be on a one for one exchange, with no deposit. Drivers will be required to pass NCIC prior to entry into secure facility. (vii) Delivery to begin week of July 1, 2009 and continue on a delivery order basis until September 30, 2009, FOB Milan, Michigan, (Destination) will be accepted from 7:30 am to 1:00 pm on Tuesdays or Thursdays inside the secure perimeter. All drivers will need to complete a security background check prior to entry, to include a valid driver's license. Delays for delivery due to security concerns of facility and inherent weather will be incurred and are not reimbursable. All deliveries must bo coordinated prior to shipment. No passengers, pets, weapons, or tobacco products will be allowed within the secure perimeter. No sideways pallets. No forklift is available for unloading of pallets. Vendor shall pass all requirements to transportation company. Failure to adhere to regulations will be cause for rejection of shipment. (viii) The provisions at 52.212-1, Instructions to Offers-Commercial, applies to this acquisition. (ix) 52.212-2, Evaluation - Commercial Items, - Price (x) Offerors are to provide a copy of 52.212-3, Offeror Representations and Certifications-Commercial Items, with offer. (xi) Clause 52.212-4 Contract Terms and Conditions-Commercial Items, applies to this acquisition. 52.212-5, Contract Terms and Conditions required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. 52.216-18 Ordering (Oct 1995) (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. Such orders may be issued from July 01, 2009 through September 30, 2009. (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. (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) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 ctn, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of items listed in (v) above; (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. (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 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 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 September 30, 2009. (End of clause) (xii) Payment will be made net 7 days ARO by electronic funds transfer. (xiii) Offers are due June 19, 2009 2:00 p.m. EST. (xv) Contact L. Erdmann +1 (555) 000-0000, Fax +1 (555) 000-0000, email contact@example.gov.