36C24420Q0587.docx

36C24420Q0587

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

06-05-2020 William Schlobohm 7244961550 06-29-2020

11:00 PM

00244 Department of Veterans Affairs Network Contracting Office 4

X

311511 1000 Employees

N/A

VISN 4 VAMCs (See Statement of Work)

00244 Department of Veterans Affairs Network Contracting Office 4

Refer to VAAR: 852.233-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp

(877) 353-9791

(512) 460-5429

See CONTINUATION Page Contractor to provide Dairy and Juice Product Services in accordance with the Statement of Work. SCLS does not apply the dairy and juice products are commodities.

Award is intended to be a 5-year Firm Fixed Priced IDIQ.

The IDIQ will serve as an Indefinite Delivery Vehicle and funding and authorization to proceed will be provided via task orders placed against this IDIQ, contingent upon the availability of VA funding.

Intended Award effective date: 10/01/2020 Intended Award expiration date: 9/30/2025

This is a FAR Part 13 procurement. Any questions shall be emailed to William.Schlobohm2@va.gov no later than 5 days prior to solicitation due date.

Refer to "Additional Instructions to Offerors" for important information as it pertains to this solicitation.

See CONTINUATION Page

Determined at Task Order level

Table of Contents

See attached document: Attachment 1 - Records Management Language - Dairy Juice.

See attached document: Attachment 2 of B.3 Price Schedule - Dairy Juice.

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 36C244 William Schlobohm; William.Schlobohm2@va Department of Veterans Affairs Network Contracting Office 4

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Refer to VAAR: 852.233-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Dairy and Juice Products

A. Indefinite Delivery/Indefinite Quantity (IDIQ) Contract Scope of Need

1. Contractor shall provide the estimated amount of Dairy and Juice Products deliverables as described in the schedule below to the following VISN4 facilities: Altoona, Butler, Coatesville, Erie, Lebanon, Philadelphia, Pittsburgh, Wilkes-Barre and Wilmington; in accordance with the specifications contained herein.

2. The Government anticipates award of an IDIQ Firm Fixed-Price five years contract for Dairy and Juice Products. Any proposed alternate item shall meet the requirements of the Government specification as cited in the Index of Federal Specifications/Standards (FED) and or commercial Item Description (CID). The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

1. Definition:

· N&FS- Nutrition and Food Service

· VCS- Veterans Canteen Service

B. GENERAL REQUIREMENTS

3. The contractor shall contact the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments to issue changes which will affect the price, quantity, quality, or delivery terms of this contract.

4. Fluid dairy products and other dairy products shall have sufficient remaining shelf life, minimum 10 days shelf life, commensurate with good commercial practice (see General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, found at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788).

C. ALTERNATE ITEMS, PACKAGING, PACKING AND LABELING

5. Offerors may propose alternate items, packaging, or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate item will be made against a common denominator (i.e.; weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications.

6. All packaging and packing shall be in accordance with good commercial practice (see General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, found at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788). Labeling shall be in accordance with commercial labeling complying with the current Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

7. Half (1/2) pint containers must be of the “squat” type. All half-pint, pint, quart, and half gallon milk containers must be waxed or plastic-coated containers. The package expiration date for all items must be at least 10 days from the date of delivery. All items must be identified with readable dates.

8. All items must be identified with readable expiration dates stamped on the container. Expiration dates was be “plain read”, product code numbers are not acceptable to the Government. Failure to comply with this requirement is material and will be grounds for termination of this contract.

9. Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., and shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from the Contractor to the receiving activity for storage. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight classification (issue in effect at time of shipment).

D. SANITATION AND WORKMANSHIP:

1. Compliance with Federal Laws and Regulations:

a. All deliveries shall conform in every respect to the provisions of the current Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder.

b. All items furnished under this contract shall be prepared, processed and packed under sanitary conditions and in accordance with good commercial practice (see General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, found at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788) and approved standards established by the Food and Drug Administration (See Grade “A” Pasteurized Milk Ordinance 2011, found at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk) All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Chilled and frozen items shall be maintained at temperatures necessary for the preservation of the product.

2. Description of Grades. Where applicable, the interpretation of requirements (descriptive terms), methods ascertaining grades, testing, etc., shall be in accordance with those contained in the U.S. Standards for the particular items in effect on date of solicitation.

3. The Contractor shall certify that his/her company has received, prior to submission of the offer, a pasteurized milk rating of 90% or more for the type products included in the offer. The Contractor shall immediately notify the Contracting Officer and all facility POCs, in writing, if at any point during the contract its pasteurized milk rating falls below 90% for any of the products included in the contract.

4. Contractors are required to submit with their offer a Certificate from the local or state Health Department that all cattle from which milk is obtained have passed a satisfactory tuberculin test within one year previous to the date of contract, or that cattle from which milk is obtained are accredited herds as defined in the current requirement of the U. S. Public Health Service Milk Ordinance Code and a Certificate from a licensed Physician or qualified bacteriologist, certifying that all persons employed in pasteurizing and bottling plants from which the products are furnished have passed a satisfactory clinical and laboratory examination within one year previous to the date of contract and are free from communicable diseases.

E. SPECIFICATIONS AND STANDARDS:

1. The delivered products shall comply with all applicable Federal, State and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and any other applicable laws and regulations.

2. Quality Assurance. All raw milk for pasteurization, condensed and dried milk, finished products and the plant in which the products are processed shall comply with all applicable requirements of the “Grade A Pasteurized Milk Ordinance – 2011 Revision Recommendations of the United States Public Health Service” or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of 90 or more as certified by the State Milk Sanitation Rating Officer and shall be listed in the “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers.” All milk products delivered for consumption shall have at least 7 days expiration from the date of delivery. Milk shall be delivered under refrigeration; all orders delivered above 410°F will be rejected.

All testing shall only be done by milk laboratories approved by Federal and State agencies found at http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/MilkSafety/FederalStatePrograms/InterstateMilkShippersList/default.htm

3. Contractor’s Certification. By submitting an offer, the Contractor certifies that the product offered meets the requirements of the solicitation and requirements of Federal, State and local regulations; conforms to the producer’s own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has national or regional distribution storage facilities located with the United States, its territories, or possessions; and is sold on the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including delivery at final destination as may be necessary to determine conformance with the provisions of the contract.

4. Source of Manufacture: Items supplied under the contract are required to originate from a sanitarily approved source as defined by the Federal Food and Drug Administration’s “Evaluation of Milk Laboratories 2011 Revision” which can be found at the link listed in #2 above. The supplier must identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code.

F. DELIVERY SCHEDULES:

1. Once a facility task order is put in place to authorize and fund performance, an individual listed below (or his/her designee) for N&FS and Canteen at each station will be placing orders for the facility.

VAMC Altoona 2907 Pleasant Valley Blvd.

Altoona, PA 16602 Ph: 814-943-8164 ext. 7144 Fax: 814-940-7862 Chief, NUTRITION AND FOOD SERVICE

PH: 814-943-8164 EXT. 7513

CHIEF, VETERANS CANTEEN SERVICE

PH: 814-943-8164

VAMC Butler 325 New Castle Road Butler, PA 16001 Ph: 724-287-4781 Fax: 724-477-5069

COOK SUPERVISOR, NUTRITION AND FOOD SERVICE

PH: 724-285-2430

MANAGER, VETERANS CANTEEN SERVICE

PH: 724-287-4781 EXT. 4233

VAMC Coatesville 1400 Blackhorse Hill Road Coatesville, PA 19320 Ph: 610-384-7711 ext. 3216 Fax: 610-466-2236

CHIEF, FOOD PRODUCTION,

NUTRITION AND FOOD SERVICE

PH: 610-384-7711 EXT. 3723

ASSISTANT CANTEEN CHIEF

FOOD OPERATIONS,

VETERANS CANTEEN SERVICE

PH: 610-384-7711 EXT. 3450

VAMC Erie 135 East 38 Street Erie, PA 16504 Ph: 814-860-2974 Fax: 814-860-2111

ADMINISTRATIVE DIETICIAN, NUTRITION AND FOOD SERVICE

PH: 814-860-2341

SUPERVISOR, VETERANS CANTEEN SERVICE

PH: 814-860-2060

VAMC Lebanon 1700 S. Lincoln Ave.

Lebanon, PA 17042 Ph: 717-272-6621 Fax: 717-228-5908

CHIEF, PRODUCTION AND FOOD SERVICE

PH: 717-272-6621 EXT. 3897

ASSISTANT CHIEF, VETERANS CANTEEN SERVICE

PH: 717-272-6621 EXT. 4588

VAMC Philadelphia University & Woodland Aves.

Philadelphia, PA 19104 Ph: 215-823-4659 Fax: 215-823-6054

CHIEF, NUTRITION AND FOOD SERVICE

PH: 215-823-5861

FX: 215-823-4205

CHIEF, VETERANS CANTEEN SERVICE

PH: 215-823-5800 EXT. 5107

FX: 215-823-5973

VAMC Pittsburgh 1010 Delafield Road Pittsburgh, PA 15215 Ph: 412-822-3779 Fax: 412-822-3786

PROGRAM MANAGER, NUTRITION AND FOOD SERVICE

PH: 412-822-1890

FX: 412-822-1901

CHIEF, VETERANS CANTEEN SERVICE

PH: 412-360-6580

VAMC Wilkes-Barre 1111 East End Blvd.

Wilkes-Barre, PA 18711 Ph: 570-824-3521

CHIEF, NUTRITION AND FOOD SERVICE

PH: 570-824-3521 EXT. 27442

FAX: 570-819-5182

N/A

VAM&ROC Wilmington 1601 Kirkwood Highway Wilmington, DE Ph: 302-994-2511 ext.4075 Fax: 302-225-9287 or 302-428-1472

CHIEF, NUTRITION AND FOOD

SERVICE

PH: 302-633-5442

CHIEF, VETERANS CANTEEN

SERVICE

PH: 215-823-5800 EXT. 5107

FX: 215-823-5973

2. Deliveries will be coordinated with the designated individuals for each station. The places of delivery and the hours for delivery are listed below for N&FS and Canteen at each station.

Nutrition and Food Service Altoona VAMC 2907 Pleasant Valley Boulevard Altoona, PA 16602

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Chief, Fiscal Service Altoona VAMC 2907 Pleasant Valley Boulevard Altoona, PA 16602

Veterans Canteen Service #503 VA Medical Center 2907 Pleasant Valley Boulevard Altoona, PA 16602

V A Medical Center 2907 Pleasant Valley Boulevard Altoona, PA 16602 VCS Finance Center Jefferson Barracks Road Bldg. 25 St. Louis, MO 63125

Veterans Canteen Service Butler VAMC Bldg. #1- Main Dock 325 New Castle Road Butler, PA 16001

Butler VAMC 325 New Castle Road Butler, PA 16001 Chief, Fiscal Service Butler VAMC 325 New Castle Road Butler, PA 16001

Nutrition and Food Service Butler VAMC Bldg. #1- Main Dock 325 New Castle Road Butler, PA 16001

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Chief, Fiscal Service Butler VAMC 325 New Castle Road Butler, PA 16001

Nutrition & Food Services (120) Department of Veterans Affairs Bldg. # 139 Loading Dock 1400 Blackhorse Hill Road Coatesville, PA 19320

6:00 AM-

3:00 PM

Monday thru Friday Department of Veterans Affairs

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin, TX 78714-8971

Nutrition & Food Service (120) VAMC Erie 135 East 38th Street Erie, PA 16504

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Department of Veterans Affairs Fiscal Service (05F) 135 East 38th Street Erie, PA 16504

Veterans Canteen Service VAMC Erie 135 East 38 Street Erie, PA 16504

VAMC Erie 135 East 38 Street Erie, PA 16504 Veterans Canteen Service Finance Center #1 Jefferson Barracks Road Bldg.#25 Room 113 St. Louis, MO 63125-4194

Veterans Canteen Service #595 VA Medical Center 1700 South Lincoln Avenue Bldg. #17 Ground Floor Lebanon, PA 17042

& Friday Veterans Canteen Service #595 VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042 Veterans Canteen Finance Center # 1 Jefferson Barracks Road Bldg. #25 Room 113 Saint Louis, MO 63125

Nutrition & Food Services (132) VA Medical Center Building #1 1700 S. Lincoln Ave.

Lebanon, PA 17042

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Resource Manager (120) VA Medical Center 1700 S. Lincoln Ave.

Lebanon, PA 17042

Veterans Canteen Service 3900 Woodland Ave.

Philadelphia, PA 19104

3900 Woodland Ave.

Philadelphia, PA 19104 Veterans Canteen Service Finance Center #1 Jefferson Barracks Road Bldg.#25 Room 113 St. Louis, MO 63125-4194

Nutrition and Food Service Corporal Michael J. Crescenz Medical Center Bldg. #2, Loading Dock Entrance 3900 Woodland Ave.

Philadelphia, PA 19104

7:00 AM –

11:00 AM

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin, TX 78714-9971

Nutrition and Food Services VA Pittsburgh Healthcare System Heinz Division Building 51 1010 Delafield Road Pittsburgh, PA 15215

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Chief, Fiscal Service (04-A) VA Pittsburgh Healthcare System 1010 Delafield Road Pittsburgh, PA 15215

Nutrition & Food Services VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711

Wilkes-Barre VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711 Chief, Fiscal Service VA Medical Center Wilkes-Barre VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711

Nutrition and Food Services VA Medical Center 1601 Kirkwood Highway Wilmington, DE 19805

7:00 AM -

2:00 PM

Monday & Thursday Department of Veterans Affairs

FMS VA-1

P.O. Box 149971 Austin TX 78714-8971 Chief, Fiscal Service (04) VA Medical Center 1601 Kirkwood Highway Wilmington, DE 19805

1. Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:

When one of the holidays falls on a Sunday the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by US Government agencies.

G. INSPECTION OF PLANTS:

1. All products furnished under the awarded contract shall be processed at plants that have been inspected by the Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meet these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period (See Addendum to 52.212-3 for representations and certifications. The Contracting Officer or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment and processes of the offeror. If the plant of the apparent low offeror does not meet specification or is not acceptable, the offer will be rejected.

2. INSPECTION OF PLANTS: An inspection may be made of the premises and employees of bidder, prior to making award, and conditions found will be considered in awarding the contract. Inspection may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the products covered by the contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractors account. The Contracting Officer or facility POCs reserves the right to inspect the Contractors premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises in order to verify compliance with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace may be performed by the government prior to contract award. If a Contractor’s plant does not meet specification or is not acceptable, the offer will be rejected.

H. COMPLIANCE

Contractor shall comply with good commercial practices (see General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, found at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004788) and all applicable Federal, State and local laws and regulations

B.3 PRICE SCHEDULE

The Government prefers to make a single award but may make multiple awards based on evaluation of offers received. (refer to solicitation “Additional Instructions to Offerors” for more information) (A CO may designate representatives and alternate representatives to place orders against this contract. Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.)

Note 1: The Government shall order the below specified guaranteed minimum contract value of services and shall order up to and including the below specified maximum contract value of services through task orders under this basic IDIQ contract during the duration of the contract to include all periods. The maximum amount under this contract is not guaranteed.

IDIQ contract Minimum $ TBD IDIQ contract Maximum $ TBD

Offeror SHALL complete all “Individual Unit Price” fillables (blue tabs) per “Attachment 2” of this solicitation.

Note 2 - Quantities listed in “Attachment 2” of this solicitation are the total estimated quantities for all 9 facilities combined for a year period. Estimated quantities are not fixed and are subject to change.

Note 3 - Individual Unit Price shall just be the price of 1 single item each (all Individual Unit Prices shall be fixed for 60 months). All Individual Unit Prices shall also be inclusive of delivery charge. Delivery charge will not be a separately priced line item and must be included in the Individual Unit Prices.

SECTION C - CONTRACT CLAUSES

C.1 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 in the Schedule. Such orders may be issued from Effective date of contract through Expiration date of contract.

(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)

C.2 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 TBD, 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 TBD;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within TBD 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 TBD 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.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 contract expiration date.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration date.

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond beyond the end of the fiscal year. 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. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond beyond the end of the fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) C.6 VAAR 852.212-70 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.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[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.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.10 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)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

(a) 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 2019) (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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (MAR 2020) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (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.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11,…