36C24625Q1012.docx

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8910--Dairy Products
Solicitation number
36C24625Q1012
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This document is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services for dairy products issued by the Department of Veterans Affairs Network Contracting Office 6. The solicitation seeks dairy products for the Charles George VA Medical Center in Asheville, NC, including 16 units of 5lb Cottage Cheese Regular 4%, 68,500 units of 2% HP Milk, 20,000 units of Whole HP Milk, 27,500 units of HP Skim E Milk, 4,900 units of FF Chocolate Eco Skim Milk, and 3,000 units of Lactose Free Milk. The contract is structured as a base year (10/01/2025 - 09/30/2026) with four annual option years extending through 09/30/2030.

The solicitation is set for submission by 3:30 PM EST on August 29, 2025, with technical questions due by 10:00 AM EST on August 26, 2025. The award will be made to the responsible offeror with the lowest price, with price being the sole evaluation factor. The contract is under NAICS code 311511 (Fluid Milk Manufacturing) and requires monthly invoicing. Delivery specifications include delivery between 8:00 AM and 10:00 AM on Monday, Tuesday, Thursday, Friday, and Saturday, excluding federal holidays, to the loading dock at Building 47 of the Asheville VAMC. All milk must be delivered no later than 72 hours after pasteurization and meet specific quality and packaging requirements.

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36C24625Q1012

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

637-26-1-120-0002 36C24625Q1012 08-21-2025 Satasha Stewart 757-728-3128 08-29-2025 15:30

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 311511 1150 Employees Net 30 N/A X Western NC Veterans Health Care System Charles George VA Medical Center Nutrition and Food Services 1100 Tunnel Road Asheville NC 28805 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 Dairy Products:

-Cottage Cheese, Regular 5lb DN 4% -DP PET 2% HP Milk -ESL Lactose Free 1% Milk -Whole Milk -Skim Milk -Flavored Skim Milk (Chocolate) The Contractor shall provide the above dairy products for the CGVAMC in Asheville, NC.

Annual Base Year and Four Annual Option Years.

Base: 10/01/2025 - 09/30/2026

OY1: 10/01/2026 - 09/30/2027

OY2: 10/01/2027 - 09/30/2028

OY3: 10/01/2028 - 09/30/2029

OY4:

10/01/2029 - 09/30/2030 See CONTINUATION Page 637-3660160-120-824300-2580 010024367 X X Satasha Stewart Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
See attached document: Attachment A Line Item Spreadsheet.10
B.3 STATEMENT OF WORK10
SECTION C - CONTRACT CLAUSES14
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)14
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)14
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)14
C.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)15
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)16
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)17
C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)17
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS18
SECTION E - SOLICITATION PROVISIONS19
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)21
E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)23
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)24
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)25

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Satasha Stewart

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:

[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 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 FSC Invoice Presentment and Payment System http://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

B.2 PRICE/COST SCHEDULE

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
16.00
EA
__________________
__________________

COTTAGE CHESE REGULAR 5LB DN 4%

Contract Period: Base POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

LOCAL STOCK NUMBER: 70260

68,500.00
EA
__________________
__________________

DP PET 2% HP MILK

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: 25262

3,000.00
EA
__________________
__________________

ESL Lactose Free 1%

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: 70830

20,000.00
EA
__________________
__________________

Whole Milk

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: 25141

27,500.00
EA
__________________
__________________

Skim Milk

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: 25360

4,900.00
EA
__________________
__________________

Flavored Skim Milk (Chocolate)

POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

LOCAL STOCK NUMBER: 45837

16.00
EA
__________________
__________________

COTTAGE CHESE REGULAR 5LB DN 4%

Contract Period: Option 1 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

68,500.00
EA
__________________
__________________

DP PET 2% HP MILK

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

3,000.00
EA
__________________
__________________

ESL Lactose Free 1%

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

20,000.00
EA
__________________
__________________

Whole Milk

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

27,500.00
EA
__________________
__________________

Skim Milk

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

4,900.00
EA
__________________
__________________

Flavored Skim Milk (Chocolate)

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

16.00
EA
__________________
__________________

COTTAGE CHESE REGULAR 5LB DN 4%

Contract Period: Option 2 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

68,500.00
EA
__________________
__________________

DP PET 2% HP MILK

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

3,000.00
EA
__________________
__________________

ESL Lactose Free 1%

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

20,000.00
EA
__________________
__________________

Whole Milk

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

27,500.00
EA
__________________
__________________

Skim Milk

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

4,900.00
EA
__________________
__________________

Flavored Skim Milk (Chocolate)

POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

16.00
EA
__________________
__________________

COTTAGE CHESE REGULAR 5LB DN 4%

Contract Period: Option 3 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

68,500.00
EA
__________________
__________________

DP PET 2% HP MILK

POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

3,000.00
EA
__________________
__________________

ESL Lactose Free 1%

POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

20,000.00
EA
__________________
__________________

Whole Milk

POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

27,500.00
EA
__________________
__________________

Skim Milk

POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

4,900.00
EA
__________________
__________________

Flavored Skim Milk (Chocolate)

POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

16.00
EA
__________________
__________________

COTTAGE CHESE REGULAR 5LB DN 4%

Contract Period: Option 4 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

68,500.00
EA
__________________
__________________

DP PET 2% HP MILK

POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

3,000.00
EA
__________________
__________________

ESL Lactose Free 1%

POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

20,000.00
EA
__________________
__________________

Whole Milk

POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

27,500.00
EA
__________________
__________________

Skim Milk

POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

4,900.00
EA
__________________
__________________

Flavored Skim Milk (Chocolate)

POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing

GRAND TOTAL
__________________

See attached document: Attachment A Line Item Spreadsheet.

B.3 STATEMENT OF WORK

Dairy Products for Charles George VAMC

Contractor shall provide the estimated dairy products requirements as described in the schedule below to the Location: Asheville, NC in accordance with the specifications contained herein.

The Government anticipates award of a Firm Fixed-Price Estimated Requirements contract for milk products. The Government does not guarantee the estimated yearly quantity. Any proposed alternate item shall meet the requirements of the Government specification as cited in the Index of Federal Specifications/Standards (FED) and or commercial Item Description (CID). The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

DEFINITIONS

N&FS – Nutrition & Food Service

SCOPE

Vendor is requested to provide the following items for use by Nutrition and Foods Service for patient feeding:

5lb Cottage Cheese Regular 4%16 each
2% HP Milk68,500 each
Whole HP Milk20,000 each
HP Skim E Milk27,500 Each
FF Chocolate Eco Skim Milk4,900 each
Lactose Free Milk3,000 each

Requesting a base year plus four option years contract.

C.1.0. GENERAL REQUIREMENTS

C.1.1. The contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the contracting Officer is authorized to make commitments to issue changes which will affect the price, quantity, quality, or delivery terms of this contract.

C.2.0. ALTERNATE ITEMS, PACKAGING, AND PACKING:

C.2.1. Offerors may propose alternate items, packaging, or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate item will be made against a common denominator (i.e.; weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications.

C.2.2. Availability of requirements documents cited in the solicitation:

a) The GSA Index of Federal Specifications (FED), Standards and Commercial Item Descriptions (CID), FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to:

GSA

Federal Supply Service (Address)

b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph C2.2.(a) of this provision. Additional copies will be issued for a fee.

C.3.0. PRODUCT QUALITY AND FRESHNESS:

C.3.1. All milk shall be delivered to the requested destination no later than 72 hours after said milk is pasteurized. This requirement is in accordance with the CID Specification # A-A-200113, dated December 12, 1986. All milk and milk product items furnished under this contract shall be fresh and of the highest quality. Failure to comply with this condition will be considered grounds for contract default against the offeror.

C.3.2. The successful offeror shall furnish to the COR and or the Contracting Officer the code or instructions to decipher the date on which the pasteurization process was completed. This information shall be furnished within five (5) days from award of the contract. Failure to comply with this condition will be considered grounds for contract default against the offeror.

C.3.3. All products furnished under this contract shall be processed and packed under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt, filth, or contamination.

C.3.4. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance with best commercial practice.

C.3.5. Any commercial or additional labeling, as specified, which complies with the U.S. Food, Drug, and Cosmetic Act, and regulations promulgated there under, is acceptable.

C.3.6. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The COR, in accordance with the Contracting Officer, will accept or reject the product.

C.3.7. Additional packaging, packing, and/or marking requirements can be found in the Addendum to 52.212-4, Terms and Conditions—Commercial Items.

C.4.0. DELIVERIES OR PERFORMANCE:

C.4.1 The Contracting Officer shall authorize Medical Center personnel to place delivery orders for milk products listed in the schedule of pricing.

C.4.2 Orders shall be placed no less than 1 work day prior to required delivery date, upon delivery at the receiving location, items ordered shall be within in expiration date and shall not expire within 10 days of receipt.

C.4.3. Deliveries shall be made between 8:00 a.m. and 10:00 a.m., local time, on Monday, Tuesday, Thursday, Friday, and Saturday, as requested by the COR or his/her designee, excluding Sundays and designated Federal Holidays.

C.4.4 Delivery shall be made within the premises at the following location: Asheville VAMC 1100 Tunnel Rd Asheville, NC 28805 to the Loading Dock at Building 47.

C.4.5. Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:

New Year’s DayMartin Luther King’s Birthday
Presidents’ DayMemorial Day
JuneteenthIndependence Day
Labor DayColumbus Day
Veterans’ DayThanksgiving

Christmas

C.4.6 BRANCH FIRM:

If the orders are to be placed and delivery effected by a branch firm at other than the address given on page one, this firm and address with telephone number will be inserted below.

BRANCH FIRM FOR DELIVERIES TO ASHEVILLE VAMC:

Name:Nutrition and Food Service (120)
Address:1100 Tunnel Rd Asheville, NC 28805
Telephone:828-298-7911 x2521

C.5.0. INSPECTION OF PLANTS:

C.5.1. All products furnished under the awarded contract shall be processed at plants that have been inspected by the Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meets these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period (See Addendum to 52.212-3 for representations and certifications. The Contracting Officer or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment and processes of the offeror. If the plant of the apparent low offeror does not meet specification or is not acceptable, the offer will be rejected.

C.5.2. INSPECTION OF PLANTS: An inspection may be made of the premises and employees of bidder, prior to making award, and conditions found will be considered in awarding the contract. Inspection may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected and the products covered by this contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractors account.

THE BIDDER CERTIFIES THAT: (check one)

(__) No agent of the Federal Government has conducted an inspection of the physical facilities of this plant within the last six months.

-OR-

(__) An inspection of the physical facilities of the plant was conducted by the:

__________________________________ on ________________________.

(Agency) (Date of inspection)

PLEASE PROVIDE COPY OF LAST INSPECTION REPORT WITH QUOTATION.

This will be a base year plus four option years contract.

36C24625Q1012

Page 1 of Page 1 of

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)

FAR 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
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
52.225-1
BUY AMERICAN—SUPPLIES
OCT 2022
852.203-70
COMMERCIAL ADVERTISING
MAY 2018
852.246-71
REJECTED GOODS
OCT 2018

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 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 60 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 5 years.

(End of Clause)

C.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

Line item No.
Country of origin
Exceeds 55% domestic content (yes/no)

[List as necessary]

(c) Domestic end products containing a critical component:

Line item No.

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of Provision)

C.5 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.6 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.7 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)

Page 1 of

FAR Number
Title
Date
52.212-5
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
JAN 2025

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 INSTRUCTIONS TO OFFERORS

Note that FAR PART 13 Simplified Acquisition Procedures will be used.

1. OFFER SUBMISSION

Offerors shall submit their offer via email to Satasha Stewart at Satasha.Stewart@va.gov by 3:30pm EST on August 29, 2025. Offers shall be assembled by the following Sections: each section shall be easily identified.

Section A - Offer Form (Standard Form 1449) Signed and dated, include the North American Industry Classification System (NAICS) code and small business size standard in Block 10. Unique Entity ID (UEI) Number shall be entered in the block with the Offerors’ name and address.

Section B – Pricing Pricing shall be submitted as requested in accordance with Schedule B.2 Price/Cost Schedule and attached Excel spreadsheet. The following fields require completion on the attachment. Do not change the format or add/delete any columns in the Excel Spreadsheet.

Column.
Element Name
Line Item Template Name
Selection/Input
K
Unit of Measure:
Unit of Measure
Select the applicable 'Unit of Measure' from the dropdown. The 'Unit of Measure' EA should always have a 'Packaging Multiple' of 1
L
Packaging Multiple
Packaging Multiple
Enter the total quantity that comes in each 'Unit of Measure' i.e., How many come in each CS, CT, PG, etc. The 'Unit of Measure' EA should always have a 'Packaging Multiple' of 1
N
LIN is:
Line Item Is
Select 'Priced', 'NSP' (Not Separately Priced), or 'N/C' (No Charge) from the dropdown
O
Unit Price ($):
Unit Price
Enter the price for each 'Unit of Measure' i.e., What is the cost of each CS, CT, PG, etc.
AM
MANUFACTURER PART NUMBER (MPN):
MANUFACTURER PART NUMBER (MPN)
The MPN identifies the manufacturer from which an item originated. Its purpose is to identify the company that made the part, as opposed to a SKU number that is used for inventory record keeping by the Vendor. Each MPN is unique and can be composed of letters, numbers, or both.
BY
ITEM PART NUMBER
ITEM PART NUMBER
Enter the distributor/vendor part number if different than the mfg. part number.
CG
OEM NAME:
OEM NAME
Enter the Name of the OEM. Do not enter the Distributor/Vendor Name unless the Distributor/Vendor is the Manufacturer.

Column. Element Name Line ItemTemplate Name Selection/Input Section C– Offerors Representations and Certifications A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at www.sam.gov/portal/public/SAM/.

All Offerors shall be registered and current in the System for Award Management (SAM) and Small Business Administration (SBA) database at time of offer submission and maintain active registration until contract award, completion of performance, and final payment.

Failure to submit a complete proposal may result in a technically unacceptable determination.

2. Amendments:

Amendments to this solicitation will be transmitted via SAM.gov. Paper copies of the amendments will NOT be individually mailed. Offerors will be notified by SAM.gov of any new amendments that have been issued. No other notification of amendments will be provided.

Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your quote being considered unacceptable.

3. AWARD BASIS

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, quotes the lowest price, whose quoted price does not exceed the amount of funding available for the procurement, and whose quoted price is found to be reasonable. Price alone is the sole evaluation factor.

4. TECHNICAL QUESTIONS

Offerors should submit all technical questions regarding this solicitation to the Contracting Officer in writing, via email, to Satasha.Stewart@va.gov on or before 10:00am, EST on August 26, 2025.

Address Subject Line: RFQ 36C24626Q1012 Dairy Products

Telephonic (verbal) questions Will Not be addressed.

All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote.

5. DUE DATES

All offers shall be submitted by 3:30pm EST on August 29, 2025 via email to Satasha.Stewart@va.gov.

Facsimiles are not authorized under this announcement.

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision) E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
NOV 2024
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
AUG 2020
52.212-1
INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
SEP 2023
852.239-75
INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE
FEB 2023

(End of Addendum to 52.212-1)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does…

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