36C24425Q0304.pdf

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

36C24425Q0304 02-07-2025

Benjamin Villasenor 302.668.5618 02-28-2025

3:00 PM EST

00244 Department of Veterans Affairs Network Contracting Office 4

X 100

X

311511

1150 Employees

N/A

X

VA Butler Health Care System Building 2

325 New Castle Rd.

Butler PA 16001

00244

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Contractor to provide Dairy Product Services in accordance with the Statement of Work. SCLS does not apply 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: 4/01/2025.

Intended Award expiration date: 3/31/2030.

Questions shall be emailed to Benjamin.Villasenor@va.gov no later than 2/14/2024. Answers will be posted via amendment to SAM.gov.

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

See CONTINUATION Page

Determined at Task Order level.

X X

Benjamin Villasenor Contracting Officer

36C24425Q0304

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

A.2 CONTRACT ADMINISTRATION DATA

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (AUG 2020)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

A.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Benjamin Villasenor

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] Monthly

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:

AMENDMENT NO DATE

Dairy and Products

1. OVERVIEW: The Contractor shall provide dairy products to VA Butler Health Care System at the following delivery location:

VA Butler Health Care System 325 New Castle Rd.

Butler, PA 16001

The Department of Veterans Affairs intends to award an IDIQ firm fixed price 5-year contract for their dairy products. The quantities listed in the attached Pricing Schedule are estimated yearly requirements for the Nutrition and Food Services at the facility.

2. SCOPE OF WORK:

A. General: The scope of this requirement involves providing dairy products which conform to the specifications outlined and referenced herein to the VA’s Nutrition & Food Service, located at the address shown in paragraph 1 above.

B. Quantities: The quantities listed in the attached Pricing List represent the estimated quantities that will be ordered over the base period and following years. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantities without the prior written approval of the Contracting Officer.

3. RECOGNIZED FEDERAL HOLIDAYS:

January New Year’s Day January Martin Luther King, Jr. Day February Presidents Day May Memorial Day June Juneteenth National Independence Day

July Independence Day September Labor Day October Columbus Day November Veterans Day November Thanksgiving December Christmas Day

Contractor shall not be required to deliver products on national holidays as listed above and any other day specifically declared by the President of the United States to be a national holiday. If one of the holidays falls on a Sunday, the following Monday will be observed as the legal holiday. If one of the holidays falls on a Saturday, the preceding Friday is observed as the legal holiday.

4. DISASTERS / EMERGENCIES

The Contractor must be able to always ensure delivery to the VA, inclusive of disasters, and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency. For anticipatory situations, such orders will be placed 24 hours or less in advance. In an emergency, the Contractor will be notified with the amount and type of products required by the VA that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal weekly order. The Contractor shall provide both the Contracting Officer and the POC with its designated point of contact and contact information for emergency orders.

5. SPECIFICATIONS AND STANDARDS

A. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply 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. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic ACO and regulations, promulgated hereunder.

B. 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 - 1978 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." Milk laboratories approved by Federal and State agencies and listed in the previously mentioned document shall do all testing.

C. Contractor's Certification. By submitting an offer, the Contractor certifies that the product offered meets the specified salient characteristics and requirements of the Federal Hospital Subsistence Guide;

conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling territories, or possessions; and is sold in 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 terms of the contract.

D. Alternate Items. Offers on items not listed above (alternate items) will only be considered if acceptable bids on required items are not available or an offer is not received. Offerors must clearly identify any items that are not exact and specify the exceptions which differ from the required item.

E. If the vendor needs to offer a substitute product on rare occurrence, the substitute product must be comparable and acceptable to the facility and available at the same contract price. If no available comparable substitution is available, the facility shall be notified at a minimum of 24 hours prior to any deliveries. If the facility have to seek alternate methods due to the contractor being unable to provide the needed products outside of the contract from other sources, the contractor will be responsible for any costs above our contracted pricing.

F. Quotes will be considered only from Contractors who the Contracting officer can find financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume called for under this contract. The VA reserves the right to thoroughly inspect and investigate the establishment, facilities, equipment, business reputation, and other qualifications of any offeror and to reject any offeror, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance.

6. SANITATION AND WORKMANSHIP

A. All products furnished shall be prepared, processed, and packed under sanitary conditions and in accordance with good commercial practice. 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 according to the standards established by the Food & Drug Administration (FDA).

B. The VA Contracting Offeror or his/her designee reserves the right to inspect the Offeror's premises at any time during the life of the contract. Personnel, process and packaging equipment and premises must be in 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. If the plant of the apparent low Offeror does not meet specification or is not acceptable, the quote will be rejected.

7. FRESHNESS REQUIREMENT FOR DAIRY PRODUCTS

A. Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice at a minimum:

(1) Milk must be delivered a minimum of 7 days prior to the expiration date and within 72 hours after pasteurization.

(2) Cottage cheese, cultures, normal shelf life must be delivered within 4 days after date of packing, cottage cheese, acidified, normal shelf life, must be delivered within 5 days after date of packaging, cottage cheese, culture or acidified, extended shelf life, must be delivered a minimum of 14 days prior to the expiration date.

8. PACKAGING, PACKING, AND LABELING

A. 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., shall conform to normal commercial practices and applicable carrier rules and regulations, involving shipment from the Contractor to the receiving acclivity for storage. Shipping containers shall be in compliance with national Motor Freight Classification and Uniform Freight classification (issue in effect at time of shipment).

NOTE:

(a) Gallon Containers – Acceptable packaging = plastic containers

(b) ½ pint Containers – Acceptable packaging = ½ PT Cardboard Containers measuring 4-1/2" x 2-1/3" OR ½ PT Cardboard Containers measuring 2-7/8" x 3"

B. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling, complying with the Federal Food, Drug and Cosmetic ACO and regulations promulgated there under.

C. All fluid milk products will have a pull date (date stamped on container) that is a minimum of seven

(7) days before expiration on the date of delivery. Expiration dates shall be legible on each product.

Cottage Cheese and yogurt will have a minimum expiration date of fourteen (14) days after delivery.

Failure to comply with this requirement will render a contract in default and be grounds for termination.

D. If it is determined that a significant number of products are leaking, spoiled, or otherwise found to not be in accordance with the specifications contained herein, the Contractor will be notified to exchange the products for ones that are in accordance with these specifications within two hours of notification. If the number of such products is determined to be insignificant in number, they may be held for pick up by the Contractor at the next scheduled delivery.

9. CERTIFICATIONS:

A. In signing this solicitation, the bidder certifies that its company has received, prior to opening of bids, a pasteurized milk rating of 90% or more for the type of product the bidder proposes which will be in accordance with the specifications as found in the Federal Hospital Subsistence Guide.

PASTEURIZED MILK RATING _______________ %

DATE OF RATING _________________

STATE OF MILK SANITATION RATING AGENCY __________________________

IF RATED BY U.S. PUBLIC HEALTH SERVICE, INDICATE ____________________

B. Bidders are required to submit with their quote 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 before the date of contract; or that cattle from which milk is obtained are accredited herds as defined in the current requirements of the U.S. Public Health Service Milk Ordinance Code.

C. A CERTIFICATE 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 of contract and are free from communicable diseases must also be furnished with the quote.

THE BIDDER CERTIFIES THAT (CHECK ONE)

Within the past six months no inspection of the physical facilities of this plant has been conducted by any agency of the Federal Government.

OR

An inspection of the physical facilities of the plant was conducted by the

____________________________agency on ___________________ and this plant was ACCEPTED/REJECTED for furnishing its product to the Federal Government.

10. SOURCE OF MANUFACTURE

Items supplied under this contract are required to originate from a sanitarily approved source. 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. Products must be sourced in the United States.

11. ENVIRONMENTAL STANDARDS

The Contractor should utilize, if possible, recycled materials for containers if they meet the FDA sanitary standards for the specified commodity. List recycled materials for containers if they meet the FDA sanitary standards for the specified commodity.

12. ORDERING

A. The Butler VA Nutrition and Food Service orders will be placed by the designated facility POC at time of award. Each order will show ship to and bill to addresses and purchase order number (if required).

B. Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. Actual quantities ordered may vary among the line items.

C. The items listed in this contract are required subsistence items for the Department of Veterans Affairs, Butler VA Health Care System at the addresses listed in paragraph 1 of this document. Products and deliveries are to be in accordance with the terms, conditions, and schedules noted herein.

13. CUSTOMER SERVICE POINT OF CONTACT

The Contractor shall provide a single designated point of contact and contact methods for order placement, resolution of customer service problems to include at a minimum delivery of damaged or incorrect items.

Contractor Point of Contact:

(Name) (Title) (Telephone Number) (Fax Number) (E-mail Address)

14. CUSTOMER INQUIRY

Upon receipt of any inquiry, the contractor shall provide a response no later than by the close of business the next business day.

15. PACKING LIST

There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: Contractor’s name and address; VA Purchase Order Number (if one is provided); the VA Facility and Service placing the order; the items shipped; and quantity.

17. RETURN POLICY

Offerors shall clearly indicate their return policy with their quote. Defective product or incorrect product shipped by Contractor error shall be replaced at no cost to the Government. Product shipped by Government error may be returned subject to the Contractor’s normal return policy. Offerors shall provide the above requested single point of contact and telephone number for reporting delivery/product problems for all facilities included on their proposal.

18. UTILIZATION OF CONTRACT

Delivery orders will be issued on an as-needed basis.

19. DELIVERIES AND INVOICING

A. Deliveries shall occur during the preferred dates and times listed in the above facility pricing tables, excluding federal holidays. Requests for deliveries on different days and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing.

B. Deliveries and invoicing for the Nutrition and Food Services must be accomplished separately at the Nutrition & Food Services Department. Invoices must contain at a minimum the purchase order and itemized list of products delivered, unit prices, and total price.

C. While performing under this contract, all vehicles used by the Contractor shall have temperature tracking systems in place on the refrigerated trucks to ensure they are being maintained in accordance with federal safety & sanitation guidelines.

D. Invoices shall be identified with proper delivery order number (purchase order number) and shall reflect all deliveries made against the delivery order.

E. Itemized invoices shall be submitted monthly and shall include the following per FAR Clause 52.212- 4(g):

Contractor’s business name and address Contractor’s Tax Identification Number (TIN) Invoice date Date(s) of services provided Contract number Total amount billed Purchase Order number

NOTE: Failure to include the above information may result in delay of payment. Invoices will be returned to the Contractor for completion if there are any omissions.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

550 EA _______________

Unit size is 5 gallon bags of 2% milk.

Contract Period: Year 1 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs LOCAL STOCK NUMBER: b0001

10,500 EA _______________

Unit size is 1/2 (half) pint of 2% milk.

Contract Period: Year 1 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: B0002

125 EA _______________

Unit size is 5 gallon bag of 1% chocolate milk.

Contract Period: Year 1 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: B0003

Unit size is 1/2 (half) pint of 1% chocolate milk.

Contract Period: Year 1 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: B0004

250 EA _______________

Unit size is 5 pound tub of cottage cheese.

Contract Period: Year 1 POP Begin: 04-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: B0005

Unit size is 5 gallon bags of 2% milk.

Contract Period: Year 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 2% milk.

Contract Period: Year 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bag of 1% chocolate milk.

Contract Period: Year 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 1% chocolate milk.

Contract Period: Year 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 pound tub of cottage cheese.

Contract Period: Year 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bags of 2% milk.

Contract Period: Year 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 2% milk.

Contract Period: Year 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bag of 1% chocolate milk.

Contract Period: Year 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 1% chocolate milk.

Contract Period: Year 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk

Manufacturing

Unit size is 5 pound tub of cottage cheese.

Contract Period: Year 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bags of 2% milk.

Contract Period: Year 4 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 2% milk.

Contract Period: Year 4 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bag of 1% chocolate milk.

Contract Period: Year 4 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 1% chocolate milk.

Contract Period: Year 4 POP Begin: 04-01-2028

POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 pound tub of cottage cheese.

Contract Period: Year 4 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bags of 2% milk.

Contract Period: Year 5 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 2% milk.

Contract Period: Year 5 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 gallon bag of 1% chocolate milk.

Contract Period: Year 5 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 1/2 (half) pint of 1% chocolate milk.

Contract Period: Year 5 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

Unit size is 5 pound tub of cottage cheese.

Contract Period: Year 5 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

GRAND TOTAL _______________

A.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Butler Health Care System 325 New Castle Rd.

Butler, PA 16001

USA

10,500

1001 SHIP TO: VA Butler Health Care

2001 SHIP TO: VA Butler Health Care

3001 SHIP TO: VA Butler Health Care

4001 SHIP TO: VA Butler Health Care

36C24425Q0261

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

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.1 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 The Contracting Officer through 3/31/2030.

(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.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 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.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

VA Butler Health Care System

325 New Castle Rd.

Butler PA 16001

(End of Clause)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.7 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513)

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[X] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).