36C24222R0125 New Jersey Bottled Water.pdf

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Attached to
RFP for New Jersey Bottled Water Federal contract opportunity
Solicitation number
36C24222R0125
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2

About this file

This solicitation requests proposals for bottled water services for New Jersey VA Medical Centers and outpatient clinics. It is a fixed-price requirements contract with a single five-year ordering period and five pricing periods. The contractor would provide weekly or biweekly deliveries of bottled water to various VA locations in New Jersey. Delivery requirements, estimated quantities, and delivery schedules are specified for each location. The solicitation includes pricing tables to be completed by offerors. Responses are due by October 7, 2022.

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PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24222R0125 09-28-2022

Dayna Dickson-Miller 518-626-6649 10-07-2022 3:00pm EDT

36C528

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

X

312112

1000 Employees

N/A

X

36C561

See Delivery Schedule. Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

1-877-489-6135

See CONTINUATION Page

This requirement is to supply our Veterans with bottled water in the New Jersey VA Medical Centers and surrounding outpatient clinics.

Resultant award will be one fixed-price Requirements Contract with a single five-year ordering period, with five

(5) pricing periods identified as follows:

Pricing period 1: November 1, 2022 through September 30,2023 Pricing period 2: October 1, 2023 through September 30, 2024 Pricing period 3: October 1, 2024 through September 30, 2025 Pricing period 4: October 1, 2025 through September 30, 2026 Pricing period 5: October 1, 2026 through September 30, 2027

Questions are to be submitted in writing to the CO at Dayna.Dickson-Miller@va.gov by 10/05/20222 at 12:00pm EST.

Review the tailored Instructions to Offers (FAR provision 52-212-1) carefully.

$0.00 See CONTINUATION Page x X x 1

Dayna Dickson-Miller Contracting Officer

36C24222R0125

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.10 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Dayna Dickson-Miller

Department of Veterans Affairs

Samuel S . Stratton VA Medical Center

113 Holland Avenue (2-90NCA)

Albany NY 12208-3410

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x]

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

STATEMENT OF WORK (SOW)

BOTTLED WATER SERVICES

BACKGROUND

The New Jersey VA Medical Center and surrounding outpatient clinics have a requirement to supply bottled water to their patients. The award will be one fixed-price requirements contract with a single five-year ordering period, with five (5) pricing periods identified as follows:

PRICING PERIODS

Period 1: November 1, 2022 through September 30, 2023 Period 2: October 1, 2023 through September 30, 2024 Period 3: October 1, 2024 through September 30, 2025 Period 4: October 1, 2025 through September 30, 2026 Period 5: October 1, 2026 through September 30, 2027

SCOPE OF WORK

The contractor shall provide all management, labor, materials, and transportation necessary to provide weekly or biweekly filtrated 8 oz bottled water to the New Jersey VA Clinics. Unless specified as “Government Furnished,” the contractor shall provide all personnel, equipment, materials, transportation, quality control and supervision to perform this service.

The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. The contractor shall provide the quantities of full water bottles listed below.

Location Package QTY Weeks Delivery

Weekly

East Orange

1/2-pint, 8oz 48 per package

360 52 Warehouse loading dock

Lyons 1/2-pint, 8oz

48 per package 240 52

Warehouse loading dock

Brick 1/2-pint, 8oz

48 per package 10 52

Warehouse loading dock Bi-weekly

Morristown 1/2-pint, 8oz

48 per package 5 26

2nd floor, elevator available

Hackensack 1/2-pint, 8oz

48 per package 16 26

1st floor

Patterson 1/2-pint, 8oz

48 per package 5 26

1st floor

Hamilton 1/2-pint, 8oz

48 per package 5 26

1st floor

Tinton Falls 1/2-pint, 8oz

48 per package 5 26

1st floor

Piscataway 1/2-pint, 8oz

48 per package 7 26

1st floor

Jersey City 1/2-pint, 8oz

48 per package 4 26

2nd floor, elevator available

Sussex 1/2-pint, 8oz

48 per package 5 26

1st floor

Water Requirements:

Bottled Water: The contractor shall deliver full bottles of water to designated delivery points.

After water delivery is completed, the contractor shall sign and provide a completed Water Delivery Sheet to warehouse personnel or designated point of contact.

Emergency Water Agreement: Under this agreement, the contractor shall supply available bottled water needs in the event of a local or national declared emergency or natural disaster at the same price awarded upon demand and outside delivery terms agreed upon limited to New Jersey VA Medical Center.

Delivery: The contractor shall deliver the required bottled water to each site on a weekly or biweekly basis according to the above chart. Please see the delivery schedule for exact address of each site.

The hours of which deliveries can be made are 8:00am to 3:30pm, Monday through Friday.

Deliveries must be made inside the locations and never left outside the buildings unattended.

On call delivery service: Upon notification by the point of contact, the contractor shall deliver bottled water within one calendar day after being notified in any area covered under this contract. The price for “on call” delivery shall be included in the unit price of the bottled water.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

18,720.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

East Orange Campus 1/2 Pint (8oz), 48 count per package.

360 packages per week over 52 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing PRODUCT/SERVICE CODE: 8960 - Beverages, Nonalcoholic Quantities are estimated.

12,480.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Lyons Campus 1/2 Pint (8oz), 48 per package.

240 packages per week over 52 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

520.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Brick Campus 1/2 Pint (8oz), 48 per package.

10 packages per week over 52 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

130.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Sussex Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Morristown Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

416.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Hackensack Campus 1/2 Pint (8oz), 48 per package.

16 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Patterson Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hamilton Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Tinton Falls Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

182.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Piscataway Campus 1/2 Pint (8oz), 48 per package.

7 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

104.00 EA ________________

Brand name or equal to Poland Spring Bottled Water.

Jersey City Campus 1/2 Pint (8oz), 48 per package.

4 packages biweekly for 26 weeks.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

East Orange Campus 1/2 Pint (8oz), 48 count per package.

360 packages per week over 52 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Lyons Campus 1/2 Pint (8oz), 48 per package.

240 packages per week over 52 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Brick Campus 1/2 Pint (8oz), 48 per package.

10 packages per week over 52 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Sussex Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Morristown Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hackensack Campus 1/2 Pint (8oz), 48 per package.

16 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Patterson Campus

1/2 Pint (8oz), 48 per package.

5 packages biweekly 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hamilton Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Tinton Falls Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Piscataway Campus 1/2 Pint (8oz), 48 per package.

7 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Jersey City Campus 1/2 Pint (8oz), 48 per package.

4 packages biweekly for 26 weeks.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

East Orange Campus 1/2 Pint (8oz), 48 count per package.

360 packages per week over 52 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Lyons Campus 1/2 Pint (8oz), 48 per package.

240 packages per week over 52 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Brick Campus 1/2 Pint (8oz), 48 per package.

10 packages per week over 52 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Sussex Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Morristown Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hackensack Campus 1/2 Pint (8oz), 48 per package.

16 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Patterson Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hamilton Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Tinton Falls Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Piscataway Campus 1/2 Pint (8oz), 48 per package.

7 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Jersey City Campus 1/2 Pint (8oz), 48 per package.

4 packages biweekly for 26 weeks.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

East Orange Campus 1/2 Pint (8oz), 48 count per package.

360 packages per week over 52 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Lyons Campus 1/2 Pint (8oz), 48 per package.

240 packages per week over 52 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Brick Campus 1/2 Pint (8oz), 48 per package.

10 packages per week over 52 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Sussex Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Morristown Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hackensack Campus 1/2 Pint (8oz), 48 per package.

16 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Patterson Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hamilton Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Tinton Falls Campus

1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Piscataway Campus 1/2 Pint (8oz), 48 per package.

7 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Jersey City Campus 1/2 Pint (8oz), 48 per package.

4 packages biweekly for 26 weeks.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

East Orange Campus 1/2 Pint (8oz), 48 count per package.

360 packages per week over 52 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Lyons Campus 1/2 Pint (8oz), 48 per package.

240 packages per week over 52 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Brick Campus 1/2 Pint (8oz), 48 per package.

10 packages per week over 52 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Sussex Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Morristown Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hackensack Campus 1/2 Pint (8oz), 48 per package.

16 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Patterson Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Hamilton Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Tinton Falls Campus 1/2 Pint (8oz), 48 per package.

5 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Piscataway Campus 1/2 Pint (8oz), 48 per package.

7 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

Brand name or equal to Poland Spring Bottled Water.

Jersey City Campus 1/2 Pint (8oz), 48 per package.

4 packages biweekly for 26 weeks.

Contract Period: Option 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 312112 - Bottled Water Manufacturing

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA NJ Healthcare System East Orange Campus 385 Tremont Ave East Orange, NJ 07018

USA

18,720.00 11/01/2022 through 9/30/2023

INSTRUCTIONS: 360 packages delivered per week.

0002 SHIP TO: VA NJ Healthcare System Lyons Campus 151 Knollcroft Road Lyons, NY 07939

12,480.00 11/01/2022

INSTRUCTIONS: 240 packages delivered per

0003 SHIP TO: Brick Campus 970 Route 70 West Brick, NJ 08724

520.00 11/01/2022

INSTRUCTIONS: 10 packages delivered per

0004 SHIP TO: Sussex VA Campus 222 High Street Suite 103 Newton, NJ 07860

130.00 11/01/2022

INSTRUCTIONS: 5 packages delivered biweekly.

0005 SHIP TO: Morristown VA Campus 540 West Hanover Avenue Suite 2C Morristown, NJ 07960

USA

130.00 11/01/2022

0006 SHIP TO: Hackensack VA Campus 385 Prospect Avenue Hackensack, NJ 07601

416.00 11/01/2022

INSTRUCTIONS: 16 packages delivered biweekly.

0007 SHIP TO: Patterson VA Campus 11 Getty Avenue Building 275 Patterson, NJ 07503

0008 SHIP TO: Hamilton VA Campus 3635 Quaker Bridge Road Suite 30 Hamilton, NJ 08619

0009 SHIP TO: Tinton Falls VA Campus 55 North Gilbert Street Building 4, Suite 4101 Tinton Falls, NJ 07701

0010 SHIP TO: Piscataway VA Campus 14 Wills Way Piscataway, NJ 08854

182.00 11/01/2022

INSTRUCTIONS: 7 packages delivered biweekly.

0011 SHIP TO: Jersey City VA Campus 115 Christopher Columbus Drive Suite 201 Jersey City, NJ 07302

104.00 11/01/2022

INSTRUCTIONS: 4 packages delivered biweekly.

1001 SHIP TO: VA NJ Healthcare System East Orange Campus 385 Tremont Ave

18,720.00 10/01/2023

09/30/2024

1002 SHIP TO: VA NJ Healthcare System

151 Knollcroft Road

12,480.00 10/01/2023

1003 SHIP TO: Brick Campus

520.00 10/01/2023

1004 SHIP TO: Sussex VA Campus

Suite 103

130.00 10/01/2023

1005 SHIP TO: Morristown VA Campus

Suite 2C Morristown, NJ 07960

1006 SHIP TO: Hackensack VA Campus

416.00 10/01/2023

1007 SHIP TO: Patterson VA Campus

Building 275

1008 SHIP TO: Hamilton VA Campus

Suite 30

1009 SHIP TO: Tinton Falls VA Campus

Building 4, Suite 4101

1010 SHIP TO: Piscataway VA Campus

182.00 10/01/2023

1011 SHIP TO: Jersey City VA Campus

Suite 201

104.00 10/01/2023

2001 SHIP TO: VA NJ Healthcare System

385 Tremont Ave

18,720.00 10/01/2024

09/30/2025 week.

2002 SHIP TO: VA NJ Healthcare System Lyons Campus 151 Knollcroft Road

12,480.00 10/01/2024

2003 SHIP TO: Brick Campus

520.00 10/01/2024

2004 SHIP TO: Sussex VA Campus

Suite 103

130.00 10/01/2024

2005 SHIP TO: Morristown VA Campus

Suite 2C

2006 SHIP TO: Hackensack VA Campus

416.00 10/01/2024

2007 SHIP TO: Patterson VA Campus

Building 275

2008 SHIP TO: Hamilton VA Campus

Suite 30

2009 SHIP TO: Tinton Falls VA Campus

Building 4, Suite 4101

2010 SHIP TO: Piscataway VA Campus

182.00 10/01/2024

2011 SHIP TO: Jersey City VA Campus

Suite 201

104.00 10/01/2024

3001 SHIP TO: VA NJ Healthcare System

385 Tremont Ave

18,720.00 10/01/2025

09/30/2026

3002 SHIP TO: VA NJ Healthcare System

151 Knollcroft Road

12,480.00 10/01/2025

3003 SHIP TO: Brick Campus

520.00 10/01/2025

3004 SHIP TO: Sussex VA Campus

Suite 103

130.00 10/01/2025

3005 SHIP TO: Morristown VA Campus

Suite 2C

3006 SHIP TO: Hackensack VA Campus

416.00 10/01/2025

3007 SHIP TO: Patterson VA Campus

Building 275

3008 SHIP TO: Hamilton VA Campus

Suite 30

3009 SHIP TO: Tinton Falls VA Campus

Building 4, Suite 4101

3010 SHIP TO: Piscataway VA Campus

182.00 10/01/2025

3011 SHIP TO: Jersey City VA Campus

Suite 201

104.00 10/01/2025

4001 SHIP TO: VA NJ Healthcare System

385 Tremont Ave

18,720.00 10/01/2026

09/30/2027

4002 SHIP TO: VA NJ Healthcare System

151 Knollcroft Road

12,480.00 10/01/2026

4003 SHIP TO: Brick Campus

520.00 10/01/2026

4004 SHIP TO: Sussex VA Campus

Suite 103

130.00 10/01/2026

4005 SHIP TO: Morristown VA Campus

Suite 2C

4006 SHIP TO: Hackensack VA Campus

416.00 10/01/2026

4007 SHIP TO: Patterson VA Campus

Building 275

4008 SHIP TO: Hamilton VA Campus

Suite 30

4009 SHIP TO: Tinton Falls VA Campus

Building 4, Suite 4101

4010 SHIP TO: Piscataway VA Campus

182.00 10/01/2026

4011 SHIP TO: Jersey City VA Campus

Suite 201

104.00 10/01/2026

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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.2 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

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

C.3 52.216-18 ORDERING (AUG 2020)

(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 11/01/2022 through 09/30/2027.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 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 $100.00, 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 $25,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(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 14 calendar 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)

C.5 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

(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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(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 09/30/2027.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September 30th 2023. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

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