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- 36C24819Q0150
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36C24819Q0150
COMBINED SYNOPSIS/SOLICITATION 36C24819Q0150
General Information
| Action Code: |
| Combined Synopsis Solicitation |
| Document Type: |
| RFQ |
| RFQ Number: |
| 36C24819Q0150 |
| Posted Date: |
| DEC 04, 2018 |
| Response Date: |
| DEC 15, 2018, 0900AM |
| Classification Code: |
| 8910- Dairy and Eggs |
MOTOR VEHICLE MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT
| Set Aside: |
| Open Market |
| NAICS Code: |
| 112120 - Dairy Cattle and Milk Production |
Contracting Office Address Network Contracting Office (NCO) 8 ATTN: Hector L. Lopez Burgos- Contract Specialist Durrell Briskey - Contracting Officer Supervisor Administrative Building, Suite 4M440 10 Casia Street San Juan, PR 00921
Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.
This solicitation is issued as a Request for Quote (RFQ). Submit written quotes on 36C24819Q0150. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97, 2005-95 / 01-28-2018. This request for quote is issued DEC 04, 2018 and will end on DEC 15, 2018 at 09:00 AM EST.
The Network Contracting Office 8-SAO East intends to award a firm fixed priced contract Milk Contract, deliveries will be to Caribbean Healthcare System, VA Medical CenterCasia st. #10, San Juan, PR. 00921. All the work will be in accordance with the Scope of Work below. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain Commercial items. The intent is to award a firm fixed price contract.
The North American Industrial Classification System (NAICS) code for this procurement is 112120, 0.75 M. This procurement is an open Market and all eligible offerors are encouraged to submit quotes. All offerors must be registered in System for Award Management (SAM) at http://www.sam.gov. and Caribbean Healthcare Systems at Hector.Lopez-Burgos@va.gov. to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications.
Contractors interested in providing these services should submit their quotes via email to Hector.Lopez-Burgos@va.gov. Questions concerning this synopsis solicitation shall be addressed to Hector L. Lopez, Contract Officer, and emailed to Hector.Lopez-Burgos@va.gov All questions or inquires must be submitted no later than 09:00 am Eastern Standard Time on DEC 10, 2018, 2017. Email all questions to the Contract Officer above email address.
The Government will award a contract resulting from this RFQ to the responsible offeror whose quote is the lowest price technically acceptable (LPTA). Quotes are due by 09:00 A.M. Eastern Standard Time on DEC04, 2018 at 09:00AM. Quotes received after this date and time will be considered late in accordance with 52.212-1(f) and will not be evaluated. Quotes shall be submitted via email to Hector.Lopez-Burgos@va.gov
The following Contract Line Items (CLINS) identified in Attachment A are applicable to this requirement. For detailed service description please review the Scope of Work.
B. Schedule of Services Contractors shall quote prices for all of the following Contract Line Item Numbers:
Please refer to Attachment A.
C. SCOPE OF WORK
Title of project: MILK Contract
1. SUPPLIES AND ITEMS REQUESTED:
I. SCOPE:
STATEMENT OF WORK FOR PROCUREMENT OF PRODUCE
C.1 SCOPE
The contractor shall provide milk for the Medical Center of the VA Caribbean Healthcare System with a bed capacity of 350 beds. The Medical Center is located at 10 Casia St, San Juan PR 00921. The term for the contract shall be for one year from date of award with 4 options years.
FDA Food Code- Food and Drug Administration Food Code 2018. 2018-02-23 | www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/default.htm Grade Pasteurized Milk Ordinance- 2018-06-25 | www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/ucm2007976.htm C.1.2 Definitions and Acronyms FEDERAL HOLIDAYS : New Year's, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. "When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government."
½ Gallon Containers — Acceptable packaging = plastic containers ½ pint Containers — Acceptable packaging = plastic bottles COR- Contracting Officer Representative
C.2 BACKGROUND
C.2.1 Due to previous problem of leakage with the half pints carton packaging, we are requesting that the half pints packaging be done in plastic bottles.
C.2.2 Based on our historical data from last year these are the annual estimated quantities for each item:
| · Milk, fresh, low fat 1/2 pt. | 200,000 units |
| · Milk, fresh, low fat 1/2 gallon | 12,200 units |
· Milk, fresh, low fat, low lactose 'A gallon 1500 units
C.2 BACKGROUND
C.2.1 Based on our historical data from last year these are the estimated quantities for each item or a period of three months:
| · Milk, fresh, low fat 1/2 pt. | 200,000 units |
| · Milk, fresh, low fat 1/2 gallon | 12,200units |
· Milk, fresh, low fat, low lactose 'A gallon 1500 units
C.3 REQUIREMENTS
C.3.1 The delivered products shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act (FD&C Act) and regulations promulgated there under.
C3.2 Quality Assurance: All raw milk for pasteurization, finished products and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A Pasteurized Milk Ordinance — 2009 Recommendations of the United States Public Health Service" or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of ninety (90) or more. All milk products delivered for consumption shall have at least 10 days expiration from the date of delivery. All testing shall only be done by milk laboratories approved by Federal and State agencies.
C.3.3 Contractor's Certification: By submitting an offer, the contractor shall certify that the product offered meets the specified salient characteristics and requirements of the FDA Food Code 2009; conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has national or regional distribution storage facilities located within the United States, its territories, or possessions; and is sold on the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including delivery at final destination as may be necessary to determine conformance with the provisions of the contract.
C.3.4 Source of Manufacturer: The contractor shall certify that items supplied under this contract originate from a sanitarily approved source. The supplier shall identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code. Manufacturing plant must be certified by the State Health Department.
C.3.5 Freshness requirements and specifications for milk: Milk shall be delivered with a minimum of ten (10) days prior to expiration.
C.3.5 Freshness requirements and specifications for produce: All products shall be fresh. Packages should be free of dirt, insects and water damage. No evidence of mold, yeast or damages to produce. Meets or exceeds grade standards as specified in each individual food item.
C.3.6 Specifications:
C.3.6.1 Milk, fresh low fat % pint plastic containers
· For hospital individual patient service.
· Unflavored, low fat fluid milk with 1.5 % milk fat, homogenized. US Grade A, pasteurized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 IU and Vitamin D restored to no less than 400 IU.
· Eight fluid ounces packed in half pint plastic bottles
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.6.2 Milk, fresh low fat 'A gallon plastic container
· For hospital service.
· Unflavored, low fat fluid milk with 1% milk fat, homogenized.
· US Grade A, pasteurized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 IU and Vitamin D restored to no less than 400 IU.
· Sixty four (64) fluid ounces packed in 1/2 gallon plastic containers
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.6.3 Milk, Lactose free 1/2 gallon container
· For hospital service use.
· Unflavored, fat free fluid milk with 0.5 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk)
· US Grade A, pasteurized and homogenized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 11.1 and Vitamin D restored to no less than 400 IU.
· Sixty four (64) fluid ounces packed in 1/2 gallon cartons
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.7 Packaging, packing, and labeling
C.3.7.1 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.
C.3.7.2 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, FDA Food Code and regulations promulgated there under.
C.3.7.3 All items must be identified with readable dates (open code dates), and expiration date. Contractors who do not use open dating will provide a product code number key listing. The product code number key listing shall explain the actual date of production or processing. The successful offeror shall furnish the COR and the Contracting Officer with the code of instructions for deciphering the date on which the pasteurization process was completed. This information is to be furnished within five days (5) of award of a contract. Failure to comply with this requirement will render a contract in default and grounds for termination.
C.3.8 Ordering
C.3.8.1 Estimated milk products orders will be submitted monthly with the Government reserving the right to adjust orders twenty (24) hours prior to scheduled delivery.
C.3.8.2 Orders will be placed by the COR or his/her designee at the participating facility.
C.3.8.3 Telephone, oral, and fax and other wire transmission orders are authorized.
C.3.8.4 Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Offers shall be evaluated based on the estimated quantities. Actual quantities ordered may vary among line items. Potential Offerors shall provide a price for ALL line items to be considered responsive
C.3.9 Deliveries and invoicing
C.3.9.1 Deliveries shall be made in refrigerated trucks with temperature kept below 41°F to the following address: Department Of Veterans Affairs, VA Caribbean Healthcare System, 10 Casia St, San Juan P.R. 00921 C.3.9.2 Deliveries shall be done three times per week on Monday, and Thursday between 7:00Am and 9:00AM C.3.9.3 While performing under this contract all vehicles used by the contractor shall be locked and the keys removed when not in use. This is intended to protect the contractor's property as well as the safety of patients and staff at the medical center.
C.3.9.4 Active driver's license is required to enter the truck to the hospital premises.
C.3.9.5 The Contractor shall provide a final invoice. Invoice shall include description of the work performed, date, price, Contractor information, the contract number and Purchase Order number. All billing will go towards and obligated Purchase Order number for correct payment processing. The contractor is responsible to assure that invoices are sent on time and through the correct channel. Contractor shall be required to submit invoices for Nutrition and Food Service at the warehouse of the following address: Department Of Veterans Affairs, VA Caribbean Healthcare System, 10 Casia St. San Juan P.R. 00921 C.3.9.6 A copy of each invoice shall be handed to the Nutrition Service employee receiving the milk delivery.
II. GENERAL REQUIREMENTS:
The government needs 20 Connex Integrated Wall System. These diagnostic devices are for the evaluation of Arecibo CBOC Veterans that requires these devices for the diagnosis and treatment of their medical conditions. The acquisition of these devices will provide support and benefit in the diagnosis and treatment of the Veterans enrolled in the Arecibo Community Base Outpatient Clinic.
III. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES
Specifications as set forth in this proposal are minimum specifications and shall not be construed as limiting the overall quality, quantity, or performance characteristics of items furnished. The vendors shall meet or exceed the minimum requirements and shall be held responsible for the supply, performance and overall quality of the products.
IV. Please deliver to: VA MEDICAL CENTER LORENSITA STREET, ROSARIO, LOT-C CAROLINA, PR 00985
The Vital signs wall diagnostic system shall meet the following specifications:
A. Freight:
Contractor will manage all the shipping scheduling.
B. All shipments shall be sent to:
VA Medical Center La Ceramica Industrial Park Lote 1C, Lorencita Street Carolina, PR. 00983
V. INSTALLATION, INCLUDING VERIFICATION/VALIDATION, TRAINING:
N/A
The C&A requirements do not apply. A security accreditation package is not required.
FedBizOpps Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE (MM-DD-YYYY)
ARCHIVE
DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION
See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Milk Contract 00921-3201 36C24819Q0150 12-15-2018 N 112120 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 hector.lopez-burgos@va.gov Casia st. #10, San Juan, PR. 00921 00921-3201 Hector.Lopez-Burgos@va.gov hector.lopez-burgos@va.gov
OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL
BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SI
GN 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. SIGN
ATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR
LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
672-19-120-0002 36C24819Q0150 12-04-2018 Hector L. Lopez Burgos 787-641-7582 x 34965 12-15-2018
09:00 AM
00672 Department of Veterans Affairs
VA
Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 112120 $0.75 Million X N/A X See Delivery Schedule
00672 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Milk Contract The contractor shall provide milk for the Medical Center of the VA Caribbean Healthcare System with a bed capacity of 350 beds. Deliveries shall be made in refrigerated trucks with temperature kept below 41F to the following address:
Department Of Veterans Affairs, VA Caribbean Healthcare 10 Casia Street San Juan PR 00921 Estimated milk products orders will be submitted monthly with the Government reserving the right to adjust orders twenty (24) hours prior to scheduled delivery.
Orders will be placed by the COR or his/her designee at the participating facility.
SEE SCHEDULE OF PRICE ON PAGE TWELVE (12) TO PLACE YOUR
Quotes.
See CONTINUATION Page 672-3690160-120-824300-2610 010024367 X X X Hector L. Lopez Burgos Contracting Specialist Table of Contents
| SECTION A | 9 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 9 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 12 |
| B.1 CONTRACT ADMINISTRATION DATA | 12 |
| B.2 Scope Of Work | 13 |
| B.3 PRICE/COST SCHEDULE | 17 |
| B.4 DELIVERY SCHEDULE | 20 |
| SECTION C - CONTRACT CLAUSES | 22 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 22 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 27 |
| C.3 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011 | 27 |
| C.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) | 30 |
| C.5 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011) | 31 |
| C.6 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) | 31 |
| C.7 52.216-18 ORDERING (OCT 1995) | 32 |
| C.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 32 |
| C.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 33 |
| C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 33 |
| C.11 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) | 33 |
| C.12 52.232-18 AVAILABILITY OF FUNDS (APR 1984) | 34 |
| C.13 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 34 |
| C.14 52.237-3 CONTINUITY OF SERVICES (JAN 1991) | 34 |
| C.15 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 35 |
| C.16 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018) | 35 |
| C.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 36 |
| C.18 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 37 |
| C.19 VAAR 852.246-71 REJECTED GOODS (OCT 2018) | 37 |
| C.20 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 37 |
| C.21 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018) | 41 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 49 |
| SECTION E - SOLICITATION PROVISIONS | 50 |
| E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 50 |
| E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 50 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 66 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 68 |
| E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018) | 68 |
| Milk Contract | 71 |
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 36C248< Hector L. Lopez Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [] |
| 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]COR will certify invoices once delivery is received. |
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.
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 Scope Of Work
STATEMENT OF WORK FOR PROCUREMENT OF PRODUCE
C.1 SCOPE
The contractor shall provide milk for the Medical Center of the VA Caribbean Healthcare System with a bed capacity of 350 beds. The Medical Center is located at 10 Casia St, San Juan PR 00921. The term for the contract shall be for one year from date of award with 4 options years.
FDA Food Code- Food and Drug Administration Food Code 2018. 2018-02-23 | www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/default.htm Grade Pasteurized Milk Ordinance- 2018-06-25 | www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/ucm2007976.htm C.1.2 Definitions and Acronyms FEDERAL HOLIDAYS : New Year's, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. "When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government."
½ Gallon Containers — Acceptable packaging = plastic containers ½ pint Containers — Acceptable packaging = plastic bottles COR- Contracting Officer Representative
C.2 BACKGROUND
C.2.1 Due to previous problem of leakage with the half pints carton packaging, we are requesting that the half pints packaging be done in plastic bottles.
C.2.2 Based on our historical data from last year these are the annual estimated quantities for each item:
| · Milk, fresh, low fat 1/2 pt. | 200,000 units |
| · Milk, fresh, low fat 1/2 gallon | 12,200 units |
· Milk, fresh, low fat, low lactose 'A gallon 1500 units
C.2 BACKGROUND
C.2.1 Based on our historical data from last year these are the estimated quantities for each item or a period of three months:
| · Milk, fresh, low fat 1/2 pt. | 200,000 units |
| · Milk, fresh, low fat 1/2 gallon | 12,200units |
· Milk, fresh, low fat, low lactose 'A gallon 1500 units
C.3 REQUIREMENTS
C.3.1 The delivered products shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act (FD&C Act) and regulations promulgated there under.
C3.2 Quality Assurance: All raw milk for pasteurization, finished products and the plant in which the products are processed shall comply with all applicable requirements of the "Grade A Pasteurized Milk Ordinance — 2009 Recommendations of the United States Public Health Service" or latest revision thereof, or regulations substantially equivalent thereto. The raw milk for pasteurization, milk plant, and pasteurized milk and milk products each shall have a compliance rating of ninety (90) or more. All milk products delivered for consumption shall have at least 10 days expiration from the date of delivery. All testing shall only be done by milk laboratories approved by Federal and State agencies.
C.3.3 Contractor's Certification: By submitting an offer, the contractor shall certify that the product offered meets the specified salient characteristics and requirements of the FDA Food Code 2009; conforms to the producer's own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has national or regional distribution storage facilities located within the United States, its territories, or possessions; and is sold on the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including delivery at final destination as may be necessary to determine conformance with the provisions of the contract.
C.3.4 Source of Manufacturer: The contractor shall certify that items supplied under this contract originate from a sanitarily approved source. The supplier shall identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code. Manufacturing plant must be certified by the State Health Department.
C.3.5 Freshness requirements and specifications for milk: Milk shall be delivered with a minimum of ten (10) days prior to expiration.
C.3.5 Freshness requirements and specifications for produce: All products shall be fresh. Packages should be free of dirt, insects and water damage. No evidence of mold, yeast or damages to produce. Meets or exceeds grade standards as specified in each individual food item.
C.3.6 Specifications:
C.3.6.1 Milk, fresh low fat % pint plastic containers
· For hospital individual patient service.
· Unflavored, low fat fluid milk with 1.5 % milk fat, homogenized. US Grade A, pasteurized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 IU and Vitamin D restored to no less than 400 IU.
· Eight fluid ounces packed in half pint plastic bottles
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.6.2 Milk, fresh low fat 'A gallon plastic container
· For hospital service.
· Unflavored, low fat fluid milk with 1% milk fat, homogenized.
· US Grade A, pasteurized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 IU and Vitamin D restored to no less than 400 IU.
· Sixty four (64) fluid ounces packed in 1/2 gallon plastic containers
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.6.3 Milk, Lactose free 1/2 gallon container
· For hospital service use.
· Unflavored, fat free fluid milk with 0.5 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk)
· US Grade A, pasteurized and homogenized.
· Purchased from an approved Dairy US Public Health code and ordinance
· Vitamin A restored to no less than 2000 11.1 and Vitamin D restored to no less than 400 IU.
· Sixty four (64) fluid ounces packed in 1/2 gallon cartons
· Fresh, at 41° F or lower, transported on refrigerated truck.
C.3.7 Packaging, packing, and labeling C.3.7.1 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.
C.3.7.2 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, FDA Food Code and regulations promulgated there under.
C.3.7.3 All items must be identified with readable dates (open code dates), and expiration date. Contractors who do not use open dating will provide a product code number key listing. The product code number key listing shall explain the actual date of production or processing. The successful offeror shall furnish the COR and the Contracting Officer with the code of instructions for deciphering the date on which the pasteurization process was completed. This information is to be furnished within five days (5) of award of a contract. Failure to comply with this requirement will render a contract in default and grounds for termination.
C.3.8 Ordering
C.3.8.1 Estimated milk products orders will be submitted monthly with the Government reserving the right to adjust orders twenty (24) hours prior to scheduled delivery.
C.3.8.2 Orders will be placed by the COR or his/her designee at the participating facility.
C.3.8.3 Telephone, oral, and fax and other wire transmission orders are authorized.
C.3.8.4 Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Offers shall be evaluated based on the estimated quantities. Actual quantities ordered may vary among line items. Potential Offerors shall provide a price for ALL line items to be considered responsive
C.3.9 Deliveries and invoicing C.3.9.1 Deliveries shall be made in refrigerated trucks with temperature kept below 41°F to the following address: Department Of Veterans Affairs, VA Caribbean Healthcare System, 10 Casia St, San Juan P.R. 00921 C.3.9.2 Deliveries shall be done three times per week on Monday, and Thursday between 7:00Am and 9:00AM C.3.9.3 While performing under this contract all vehicles used by the contractor shall be locked and the keys removed when not in use. This is intended to protect the contractor's property as well as the safety of patients and staff at the medical center.
C.3.9.4 Active driver's license is required to enter the truck to the hospital premises.
C.3.9.5 The Contractor shall provide a final invoice. Invoice shall include description of the work performed, date, price, Contractor information, the contract number and Purchase Order number. All billing will go towards and obligated Purchase Order number for correct payment processing. The contractor is responsible to assure that invoices are sent on time and through the correct channel. Contractor shall be required to submit invoices for Nutrition and Food Service at the warehouse of the following address: Department Of Veterans Affairs, VA Caribbean Healthcare System, 10 Casia St. San Juan P.R. 00921 C.3.9.6 A copy of each invoice shall be handed to the Nutrition Service employee receiving the milk delivery.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
Base Year December 2018 – November 2019
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 200,000.00 |
| EA |
| __________________ |
| __________________ |
Milk, low fat 1/2 pint Unflavored, low fat fluid milk with 1.5 % milk fat,homogenized. US Grade A, pasteurized.
| 12,200.00 |
| EA |
| __________________ |
| __________________ |
Milk, LOW FAT 1/2-gallon plastic container. Unflavored, fluid milk with 1 % milk fat, homogenized. US Grade A, pasteurized.
| 1,500.00 |
| EA |
| __________________ |
| __________________ |
Milk, Lactose free 1/2-gallon container. Unflavored, fat free fluid milk with 0 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk) US Grade A, pasteurized and homogenized.
| TOTAL |
| __________________ |
ITEM INFORMATION
First Option December 2019 – November 2020
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 200,000.00 |
| EA |
| __________________ |
| __________________ |
Milk, low fat 1/2 pint Unflavored, low fat fluid milk with 1.5 % milk fat,homogenized. US Grade A, pasteurized.
| 12,200.00 |
| EA |
| __________________ |
| __________________ |
Milk, LOW FAT 1/2-gallon plastic container. Unflavored, fluid milk with 1 % milk fat, homogenized. US Grade A, pasteurized.
| 1,500.00 |
| EA |
| __________________ |
| __________________ |
Milk, Lactose free 1/2-gallon container. Unflavored, fat free fluid milk with 0 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk) US Grade A, pasteurized and homogenized.
| TOTAL |
| __________________ |
Second Option December 2020 – November 2021
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 200,000.00 |
| EA |
| __________________ |
| __________________ |
Milk, low fat 1/2 pint Unflavored, low fat fluid milk with 1.5 % milk fat,homogenized. US Grade A, pasteurized.
| 12,200.00 |
| EA |
| __________________ |
| __________________ |
Milk, LOW FAT 1/2-gallon plastic container. Unflavored, fluid milk with 1 % milk fat, homogenized. US Grade A, pasteurized.
| 1,500.00 |
| EA |
| __________________ |
| __________________ |
Milk, Lactose free 1/2-gallon container. Unflavored, fat free fluid milk with 0 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk) US Grade A, pasteurized and homogenized.
| TOTAL |
| __________________ |
Third option December 2021 – November 2022
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 200,000.00 |
| EA |
| __________________ |
| __________________ |
Milk, low fat 1/2 pint Unflavored, low fat fluid milk with 1.5 % milk fat,homogenized. US Grade A, pasteurized.
| 12,200.00 |
| EA |
| __________________ |
| __________________ |
Milk, LOW FAT 1/2-gallon plastic container. Unflavored, fluid milk with 1 % milk fat, homogenized. US Grade A, pasteurized.
| 1,500.00 |
| EA |
| __________________ |
| __________________ |
Milk, Lactose free 1/2-gallon container. Unflavored, fat free fluid milk with 0 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk) US Grade A, pasteurized and homogenized.
| TOTAL |
| __________________ |
Fourth option December 2022 – November 2023
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 200,000.00 |
| EA |
| __________________ |
| __________________ |
Milk, low fat 1/2 pint Unflavored, low fat fluid milk with 1.5 % milk fat,homogenized. US Grade A, pasteurized.
| 12,200.00 |
| EA |
| __________________ |
| __________________ |
Milk, LOW FAT 1/2-gallon plastic container. Unflavored, fluid milk with 1 % milk fat, homogenized. US Grade A, pasteurized.
| 1,500.00 |
| EA |
| __________________ |
| __________________ |
Milk, Lactose free 1/2-gallon container. Unflavored, fat free fluid milk with 0 % milk fat or less, treated with lactase enzyme (ingredient not included in regular milk) US Grade A, pasteurized and homogenized.
| TOTAL |
| __________________ |
GRAND TOTAL_________________________________
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
200,000.00
12,200.00
1,500.00
36C24819Q0150
Page 1 of Page 1 of Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA),…
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