36C24625Q0123 - RFQ - Dairy.docx

36C24625Q0123

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

652-25-1-120-0007 36C24625Q0123 10-23-2024 Ronnie Gregory 757-602-3335 10-29-2024

11AM

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 311511 1150 Employees

NET 30

N/A X Department of Veterans Affairs Richmond VA Medical Center 1201 Broad Rock Blvd Richmond VA 23249 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page This solicitation is to Deliver Fresh Milk and Dairy Products to the Richmond VA Medical Center IAW the Statement of Work (SOW) and the Price/Cost Schedule.

Period of performance for the base year is 11/01/2024 through 10/31/2025;

with four (4) renewal option years are anticipated, however, not guaranteed.

All quantities are estimated usage only and are not guaranteed.

All quotes are due NLT 10/29/2024 at 11AM EST Submit all responses to this Solicitation to Ronnie.Gregory@va.gov See CONTINUATION Page X X Ronnie Gregory Contracting Officer Table of Contents

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: TBD

b. GOVERNMENT: Contracting Officer 36C246 Ronnie Gregory

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

DESCRIPTION/SPECIFICATION/WORK STATEMENT

This is an estimated yearly quantity order for delivery of fresh Milk and Dairy Products to the VA Medical Centers’ Nutrition and Food Services, at Hampton, Richmond, and Salem, Virginia (VAMC). Delivery addresses may be found in Section D of this solicitation. Deliveries are estimated at four to five times weekly to each VAMC. Period of performance for the base year is 11/01/2024 through 10/31/2025; Four (4) renewal option years are anticipated, however, not guaranteed.

FY26/OY1 - 11/01/2025 – 10/31/2026

FY27/OY2 - 11/01/2026 – 10/31/2027

FY28/OY3 - 11/01/2027 – 10/31/2028

FY29/OY4 - 11/01/2028 – 10/31/2029

Method of payment will be a Certified Invoice billed monthly, submitted electronically in arrears.

Nutrition and Food Services’ staff at each VAMC will phone in delivery orders to Contractor. Contractor shall indicate cut-off time for calling in normal deliveries; ‘normal’ to be determined by the Contractor and the Contracting Officer’s Representative (COR). Deliveries will be made on Monday through Friday of each week, depending upon the individual order placed. NOTE: All prices submitted shall be inclusive of delivery charges. Delivery charges shall not be separately priced.

A. SALIENT CHARACTERISTICS FOR MILK/DAIRY PRODUCTS

1. All fluid Milk and Dairy products shall comply with State and local laws, regulations or requirements, and have sufficient remaining shelf life commensurate with the Commercial Item Descriptions (CID). Salient Characteristics, Regulatory Requirements, Quality Assurance Provisions, and Packaging, shall be as specified in Commercial Item Descriptions A-A-20338, available upon request to Contracting Officer or at:

http://www.ams.usda.gov/fv/fvqual.htm (type “CID A-A-20338” into the search box).

Delivery Orders will be placed by personnel from Nutrition & Food Services, all of whom will be designated at time of award.

B. PACKAGING, PACKING, AND LABELING

1. 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 Act and regulations promulgated thereunder.

2. All items shall be identified with readable dates (open code dates), or coded dates. Contractors who do not use open dating will provide a product code number key listing to the facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to the destination receiving officer and destination inspection agency with the first delivery. Failure to comply with this requirement will render a contract in default and grounds for termination.

3. 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).

C. SANITATION AND WORKMANSHIP

Items 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 or other contamination.

1. Compliance with Federal Laws and Regulations: All deliveries shall conform in every respect to the provisions of the Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

2. All items furnished under this contract shall be prepared, processed and packed under sanitary conditions in accordance with good commercial practice and approved standards established by the Food and Drug Administration. 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.

D. INSPECTION OF PLANTS

An inspection may be made of the premises and employees of the offeror, prior to award of contract, 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 products covered by this contractor will be procured in the open market. Additional cost incurred by this action will be charged against the contractor’s account. The VA Contracting Officer or his/her designee 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 the contract award. If the plant of the apparent lowest price offeror does not meet specification or is not acceptable, the offer will be rejected.

Contractor must provide a copy of last inspection report with offer package and provide updates as inspections occur during period of performance.

E. REPORTS

Contractor shall provide a report summarizing the total amount by line item delivered, the unit cost of each line item, and the total dollars delivered each quarter, specific to each Medical Center. The report shall be provided to the Contracting Officer and his/her Representative (COR). In the event that the Contractor utilizes the services of a sub-contractor(s) for deliveries, the Prime Contractor will be responsible for gathering the required information for submission to the Contracting Officer at each respective VA Medical Center.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

VA-25-00005220 MILK, REDUCED FAT 1%, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None

MILK, SKIM 0.5%, PASTEURIZED,1/2 PINT WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, WHOLE, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, CHOCOLATE FLAVORED 1%, PASTEURIZED,? 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

VA-25-00005220 MILK, REDUCED FAT 1%, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, SKIM 0.5%, PASTEURIZED,1/2 PINT WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, WHOLE, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, CHOCOLATE FLAVORED 1%, PASTEURIZED,? 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

VA-25-00005220 MILK, REDUCED FAT 1%, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, SKIM 0.5%, PASTEURIZED,1/2 PINT WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, WHOLE, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, CHOCOLATE FLAVORED 1%, PASTEURIZED,? 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

VA-25-00005220 MILK, REDUCED FAT 1%, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, SKIM 0.5%, PASTEURIZED,1/2 PINT WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, WHOLE, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, CHOCOLATE FLAVORED 1%, PASTEURIZED,? 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

VA-25-00005220 MILK, REDUCED FAT 1%, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, SKIM 0.5%, PASTEURIZED,1/2 PINT WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, WHOLE, PASTEURIZED, 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON.

POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

MILK, CHOCOLATE FLAVORED 1%, PASTEURIZED,? 1/2 PINT CONTAINERS, FORTIFIED WITH VITAMINS A&D, CHILLED, PAPER CARTON

POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs MANUFACTURER PART NUMBER (MPN): None

B.3 DELIVERY SCHEDULE

1201 Broad Rock Blvd Richmond, VA 23249

USA

(804) 675-5249 cassandra.mcmillan2@va.gov

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

1201 Broad Rock Blvd Richmond, VA 23249

USA

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SECTION C - CONTRACT CLAUSES

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 52.252-2 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/

(End of Clause)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 11/01/2024 through 10/31/2029.

(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.3 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 $5.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,000;

(2) Any order for a combination of items in excess of 50,000.00; or

(3) A series of orders from the same ordering office within 3 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 2 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.4 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 10/31/2029.

(End of Clause)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 Days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.8 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of Clause)

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause)

C.12 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.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.14 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.15 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) (End of Addendum to 52.212-4)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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:

[] (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).

[] (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).

[X] (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] [] (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.

[] (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.

[] (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.

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

[] (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.).

[] (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.

[] (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.

[X] (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).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (64)(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).

[] (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.