36C25621Q0478.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 73

N/A

36C25621Q0478 03-16-2021

Sheila Reed 501-257-1053 03-24-2021 3:00pm CDT

Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 224 North Little Rock AR 72114 1706

X 100

X

311511

1000 Employees

N/A

Department of Veterans Affairs South Central VA Health Care Network VISN 16 Facilities in AR, LA, MS and TX

Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 224 North Little Rock AR 72114 1706

Financial Service Center PO Box 149971 Austin TX 78714 9971

See CONTINUATION Page

VISN 16 Milk and Dairy Contract

Performance Period: Base year and 4 one-year options

SEE SCHEDULE OF DELIVERY LOCATIONS IN VISN 16

Delivery orders will be issued by each V16 facility.

Questions regarding the solicitation shall be emailed to the CO at sheila.reed@va.gov by 3:00pm (central) 3/17/2021

Responses are due by 3:00pm March 24, 2021 via email to sheila.reed@va.gov

SEE ATTACHMENT A FOR ESTIMATED VOLUMES FOR EACH V16 SITE

See CONTINUATION Page x 1

Sheila Reed

36C25621Q0478

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)... 39

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)52

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021)

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: _____________________________

Address: _____________________________

City/State/Zip: _____________________________

POC/email: _____________________________

b. GOVERNMENT: Contracting Officer 36C256 Sheila Reed

Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 224 North Little Rock AR 72114 1706

c. VISN 16 COR (Contracting Officer’s Representative) To be designated after contract award

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After receipt, inspection and acceptance

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 Service Center PO 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 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

I. BACKGROUND.

The South Central VA Health Care Network (VISN 16) has a requirement for Fluid Milk and Dairy Products. The purpose of this procurement is to obtain fluid milk and dairy products to meet the nutritional needs of the inpatient population at VISN 16 facilities. These facilities require fluid milk and dairy products to be delivered on-site to support meal service to the inpatient population. All products shall conform to the standards set forth by the United States Department of Agriculture (USDA). These standards are available on-line at www.usda.gov.

The Government will award a single, f irm-fixed price estimated requirements contract effective for a base year of April 1, 2021 through March 31, 2022 plus 4 one-year option years. The Government does not guarantee the estimated yearly quantity. The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

Definitions.

N&FS – Nutrition & Food Service VCS – Veterans Canteen Service

II. GENERAL REQUIREMENTS.

The Contractor shall provide all necessary labor, materials, equipment and supervision necessary to provide and deliver milk and dairy products for VISN 16. The Contractor shall contact the VISN COR (Contracting Officer’s Representative) and CO (Contracting Officer) on all matters pertaining to administration of this contract. Only the CO is authorized to make commitments to issue changes which will affect the price, quantity, quality or delivery terms of the contract.

Contractor Qualifications.

The Contractor shall be regularly established in the dairy business, f inancially responsible, have or can obtain the necessary equipment and personnel to provide service in the volume required for all the items under this contact. The Contractor shall meet all requirements of Federal, State, and City Codes regarding operation of this type of business.

Delivery Locations/Schedule.

1. In the following schedule list, “normal delivery” is understood to be one delivery per day at each location on the days of the week shown, excluding federal holidays. There may be multiple delivery sites at each Medical Center—one to N&FS and the other to VCS.

2. Time of delivery for N&FS and VCS are as close to each other as the different schedules in each Medical Center will permit. The Contractor shall not be required to deliver products on a federal holiday. The Federal Government recognizes ten (10) National Holidays throughout the year:

New Year’s Day Labor Day Martin Luther King Day Columbus Day http://www.usda.gov/

President’s Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day or any other day declared by the President of the United States to be a federal holiday.

In the event a holiday should fall on a Sunday, the holiday is normally observed on the following Monday. In the event a holiday should fall on a Saturday, the holiday is normally observed on the preceding Friday by Government agencies.

3. The Contractor shall be required to deliver milk and dairy products in the cooler, rotating stock to prevent products from becoming outdated. Also, delivery of Ice Cream products shall be placed in the freezer rotating stock to prevent products from becoming outdated.

Basic delivery addresses:

A. Alexandria VA Medical Center 2495 Shreveport Highway Pineville, LA 71360

i. Nutrition & Food Service

Building 4, Room B14 Deliveries: Three (3) Monday, Wednesday, Friday and Saturday Hours: 8:00AM to 12:00 NOON, Central Time ii Canteen Service

Building 8 Deliveries: Three (3); Monday, Wednesday and Friday Hours: 8:00AM to 12:00 NOON, Central Time

B. VA Gulf Coast Veterans Health Care System 400 Veterans Avenue Biloxi, MS 39531

i. Nutrition & Food Service Building 31 Deliveries: Six (6)—Monday through Saturday Hours: 8:30 AM to 11:00 AM Central Time

ii. Canteen Service Building 21 Deliveries: Three (3)—Monday, Wednesday and Friday Hours: 8:30 AM to 12:00 Noon Central Time

C. Veterans Health Care System of the Ozarks 1100 N College Avenue Fayetteville, AR 72703

i. Nutrition & Food Service Building 2, 2nd Floor, Room 2121

Deliveries: Two (2)—Tuesday and Thursday Additional deliveries will be added if needed.

Hours: Between 8:00 AM and 9:30 AM Central Time (additional as needed)

ii. Canteen Service Building 1, Basement Deliveries: Two (2)—Tuesday and Thursday Hours: 8:00 AM to 4:00 PM, Central Time

D. G.V. (Sonny) Montgomery VA Medical Center 1500 Woodrow Wilson Drive Jackson, MS 39216-5199

i. Nutrition & Food Service Building 1, Room F101 Deliveries: Five (5)—Monday, Tuesday, Wednesday, Friday, and Saturday Hours: 6:00 AM to 8:00 AM Central Time

ii. Canteen Service Building 1, Room E160 Deliveries: Three (3)—Monday, Wednesday and Friday Hours: 6:00 AM to 8:00 AM Central Time

E. Central Arkansas Veterans Health Care System (CAVHS) 4300 West 7th Street Little Rock, AR 72205

i. Nutrition & Food Service NLR-Building 76, LR-Room GC167 Deliveries: Six (6)—Monday through Saturday Hours: 5:30 AM to 8:00 AM Central Time

ii. Canteen Service LR—Room 1B174 Deliveries: Six (6)—Monday through Saturday Hours: 5:30 AM to 8:00 AM Central Time

F. Overton Brooks VA Medical Center 510 E. Stoner Avenue Shreveport, LA 71101-4295

i. Nutrition & Food Service Building 1, Room B-N-16 Deliveries: Four (4)—Monday, Tuesday, Thursday and Friday Hours: 8:00 AM to 12:00 Noon Central Time

ii. Canteen Service Building 1, Room 2-W-31 Deliveries: Three (3)—Monday, Wednesday and Friday Hours: 8:00 AM to 12:00 Noon Central Time

G. Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street

New Orleans, LA 70112

i. Nutrition & Food Service

2400 Canal Street Deliveries: Four (4)—Monday, Tuesday, Thursday and Friday Hours: 8:00 AM to 12:00 Noon Central Time

ii. Canteen Service

2400 Canal Street Deliveries: Three (3)—Monday, Wednesday and Friday Hours: 8:00 AM to 12:00 Noon Central Time

H. Michael E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Blvd.

Houston, TX 77030

Nutrition & Food Services (120) Building 100 Dock

(713) 791-1414 x 23050 or 23049

Deliveries: Monday, Wednesday, and Thursday Additional deliveries will be added if needed.

Hours: 10:00 AM to 12:00 Noon Central Time

Authorized Personnel.

The VISN COR and/or CO will identify a Local POC (Point of Contact) at each facility within the VISN 16 catchment area that is part of this contract. The Local POC will be the liaison between the Contractor and the VISN COR. The VISN COR will evaluate quarterly, on contractor’s adherence to the terms and conditions of the contract. Each location can assign an Ordering Officer for quick ordering only against the contract.

III. ORDERING.

Each VISN 16 Medical Center and their Canteen Service, listed above will place individual delivery orders against the resulting contract. Orders may be placed by telephone, email or secure vendor webportal. Orders from each Medical Center may originate from two (2) sources:

N&FS or VCS. Orders are based on patient load and amounts will increase or decrease in conjunction with hospital census. The Contractor shall contact individual Medical Centers to determine if it is practical for the contractor to check stock of milk/dairy product on shelf at the Medical Center so that an adjustment may be made to prevent having too much or too little stocked at the facilities.

Packing List.

There shall be a packing list enclosed with all shipments made under this contract. The packing list shall show the following as a minimum:

• Contractor's name and address

• VA Purchase Order Number (if one is given)

• VISN 16 N&FS and/or VCS location

• Items shipped

• Quantity

IV. PACKAGING, PACKING AND LABELING.

Applicable provisions of the Fair Packaging and Labeling Act are contained in 16 CFR Parts 500 to 503. The Federal Food, Drug, and Cosmetic Act are contained in 21 CFR Parts 1 to 199.

These documents may be purchased from: Superintendent of Documents, New Orders, P.O.

Box 371954, Pittsburgh, PA 15250-7954. Credit card (MasterCard or Visa) purchases are made by calling the Superintendent of Documents on (202) 512-1800 or on the Internet at:

http://www.access.gpo.gov/nara. Copies of the current edition of the Grade “A” Pasteurized Milk Ordinance and the Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers may be obtained from: Milk Safety Team (HFS-626), FDA, 200 C Street, SW, Washington, DC 20204, telephone (202) 205-9175 or on the Internet at:

http://www.cfsan.fda.gov. Copies of this CID and beneficial comments, recommendations, additions, deletions, clarif ications, and any data which may improve this CID are available from and/or provided to: Head, Food Quality Assurance Staff, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, STOP 0243, 1400 Independence Avenue, SW, Washington, DC 20250-0243, telephone (202) 720-9939, Fax (202) 690-0102, via E-mail:

FQAStaff@usda.gov or on the Internet at: http://www.ams.usda.gov/fv/fvqual.htm.

Freshness, Salient Characteristics (Composition Requirements, Flavor and odor, Color, Consistency, Body and Texture) for Dairy Products.

Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practice at a minimum. All products shall conform to the standards set forth by the Unites States Department of Agriculture (USDA). These standards are available on-line at www.usda.gov.

V. INSPECTION AND ACCEPTANCE

An employee of both—the N&FS and VCS will be designated by each Chief of that service to accept or reject delivery as to quality and condition of the products being delivered. Items rejected all or in part by the VA shall be removed and replaced with satisfactory items within forty-eight (48) hours of notification of rejection.

Inspection of Plants.

1. All products furnished under the awarded contract shall be processed at plants that have been inspected by the Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants 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 CO or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment and processes of the offeror. If the plant of the apparent low offeror does not meet specification or is not acceptable, the offer will be rejected.

2. An inspection may be made of the premises and employees of the Contractor, 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.

http://www.access.gpo.gov/nara http://www.cfsan.fda.gov/ http://www.usda.gov/

Contractor Employees.

At no time, shall contractor employees be considered as Government employees for any purpose.

VI. QUALITY ASSURANCE SURVEILLANCE PLAN.

All milk shall be delivered to the requested destination no later than 72 hours after said milk is pasteurized. All f luid milk and milk products shall be pasteurized at a temperature of not less than 72ºC (161ºF) for a period of time of not less than 15 seconds or at a temperature of not less than 63ºC (145ºF) for a period of time of not less than 30 minutes in properly designed and operated equipment or for a time and at a temperature equivalent thereto for microbial destruction. If f luid milk or milk products contain added sweeteners, the specified temperature shall be increased by 2.8ºC (5ºF). Pasteurization shall be in accordance with general provisions (21 CFR §131.3). The fluid milk and milk products shall be homogenized. This requirement is in accordance with the CID Specification # A-A-20338, dated October 31, 2001. 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 grounds to find the contractor in default of the contract which may lead to contract termination and receive an unfavorable evaluation on future contracts.

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

b. 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, f ilth, or contamination.

c. 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.

d. 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 CO to determine if the product is acceptable. The VISN COR, in accordance with the CO, will accept or reject the product.

VII. PAYMENT.

Payments shall be monthly in arrears, after receipt of a properly executed invoice. Copies of invoices for N&FS and VCS will be submitted to the addresses shown in Delivery Locations/Schedule section above. Payments under this contract shall be made by Electronic Funds Transfer (EFT) by the VA or VCS Finance Center. The Contractor may elect to accept the Government Purchase Card as a method of payment for all orders under $3,000.00, if the contractor is set up to accept credit cards.

Estimated Quantities.

The quantities shown in the schedule are estimated. Because the usage of the products ordered under this contract depend on patient population, the Government cannot guarantee any quantity over the estimated minimum quantity identif ied in the schedule.

VIII. PRODUCT DESCRIPTIONS.

Descriptions are taken from the most recent United States Department of Agriculture Commercial Item Descriptions (CID) brochures available at the time the solicitation was assembled.

A. Fluid Milk Products shall be identified in the following format:

Group, type, and flavor.

Group I - Pasteurized Group II - Ultra-pasteurized (Extended Shelf Life Under Refrigeration (ESL)) Group III - Aseptically processed and packaged (Ultra High Temperature (UHT))

Type A - Whole milk Type B - Reduced fat milk Type C - Lowfat milk Type D - Nonfat/skim/fat free milk Type E - 100% Lactose free milk Type F - 100% Lactose free Reduced fat milk Type G - 100% Lactose free Lowfat milk Type H - 100% Lactose free Nonfat/skim/fat free milk

Flavor a - Banana Flavor b - Chocolate Flavor c - Strawberry Flavor d - Vanilla Flavor e - Other flavors currently commercially available (purchaser shall specify)

Types I-P are not available with Group III - Aseptically processed and packaged.

Type I - Acidified buttermilk Type J - Acidified Reduced fat buttermilk Type K - Acidified Lowfat buttermilk Type L - Acidified Nonfat/skim/fat free buttermilk Type M - Cultured buttermilk Type N - Cultured Reduced fat buttermilk Type O - Cultured Lowfat buttermilk Type P - Cultured Nonfat/skim/fat free buttermilk

B. Cream, Eggnog, Half & Half, and Sour Cream shall be in the following format:

Group, type, and flavor of cream, eggnog, half-and-half, and sour cream products required Group, type, and flavor.

Group I - Pasteurized Group II - Ultra-pasteurized (Extended Shelf Life Under Refrigeration [ESL]) Group III - Aseptically processed and packaged (Packaged in hermetically sealed containers that maintains commercial sterility under normal nonrefrigerated conditions)

Types A-E are available with all Groups Type A - Heavy cream Type B - Light whipping cream Type C - Light cream (coffee or table cream)

Flavor 1 - Amaretto Flavor 2 - Hazelnut Flavor 3 - Other (Flavor currently commercially available purchaser shall specify)

Type D – Eggnog

Type E - Half-and-half

Types F-O are not available with Group II and Group III

Type F - Sour cream Type G - Sour cream with added sweeteners or flavorings Type H - Reduced fat sour cream Type I - Lowfat sour cream Type J - Nonfat sour cream Type K - Acidified sour cream Type L - Acidified sour cream with added sweeteners or flavorings Type M - Acidified reduced fat sour cream Type N - Acidified lowfat sour cream Type O - Acidified nonfat sour cream

Flavor 1 - With chives Flavor 2 - With bacon and cheddar Flavor 3 - Other (Flavor currently commercially available purchaser shall specify)

C. Cottage Cheese shall be in the following format:

Group, Subgroup, Type, Class, and Style.

Groups and subgroups.

Group A - Cultured Group B - Acidified

Subgroup 1 - Normal shelf life (14 days and over) Subgroup 2 - Extended shelf life (21 days and over)

Types, classes, and styles.

Type I - Dry curd cottage cheese (less than 0.5 percent milkfat) Type II - Lowfat cottage cheese (not less than 0.5 nor more than

2.0 percent milkfat) 2.1

Type III - Cottage cheese (not less than 4.0 percent milkfat) Class 1 - Unflavored Class 2 - With added nuts, fruits, chives, olives, peppers, or pimientos

Style a - Small curd Style b - Large curd

D. Ice Cream, Sherbet, Fruit and Juice Products, Ices and Novelties descriptions shall be in the following format: Type, Style, Packaging, Flavor, and form.

Type I - Ice cream Style A - Regular (See Section 5.1 for terms that describe ice cream in terms of quality segments.)

Style B - Fat free (21 CFR § 101.62) Style C - Lite (21 CFR § 101.56) Style D - Reduced fat (21 CFR § 101.62) Style E - Low fat (21 CFR § 101.62) Style F - No sugar added (21 CFR § 101.60) Style G - Fat free and no sugar added (21 CFR § 101.62 and 101.60) Style H - Reduced fat and no sugar added (21 CFR § 101.62 and 101.60)

Style I - Other

Packaging 1 - Pint [(16 fluid oz.) (473 mL)] Packaging 2 - Half gallon [(64 fluid oz.) (1892 mL)] Packaging 3 - Bulk [(greater than 64 fluid oz.) (greater than 1892 mL)] Packaging 4 - Cup [(3 fluid oz. or greater) (88 mL or greater)] Packaging 5 - Other

Flavor a - Vanilla Flavor b - Chocolate Flavor c - Neapolitan Flavor d - Butter Pecan Flavor e - Chocolate chip Flavor f - Strawberry Flavor g – Other

Type II - Ice cream cups Style A - Regular Style B - Low fat (21 CFR § 101.62) Style C - No sugar added (21 CFR § 101.60) Style D - Fat free and no sugar added (21 CFR § 101.62 and 101.60) Style E - Other

Packaging 1 - 3 fluid oz. (30 - 88 mL) Packaging 2 - 4 fluid oz. (59 - 118 mL) Packaging 3 - Other

Flavor a - Vanilla Flavor b - Chocolate Flavor c - Strawberry Flavor d - Chocolate and Vanilla Flavor e – Other

Type III – Ice cream wafer sandwiches Style A - Regular ice cream Style B - Low fat ice cream (21 CFR § 101.62) Style C - Other

Packaging 1 - 3.0 fluid oz. - 3.9 fluid oz. (88 mL - 115 mL) Packaging 2 - 4.0 fluid oz. - 4.9 fluid oz. (118 mL - 145 mL) Packaging 3 - 5.0 fluid oz. - 5.9 fluid oz. (147 mL - 174 mL) Packaging 4 - 6.0 fluid oz. - 6.9 fluid oz. (177 mL - 204 mL) Packaging 5 - Other

Flavor a - Vanilla ice cream between two chocolate wafers Flavor b - Neapolitan ice cream between two chocolate wafers Flavor c – Other

Type IV - Ice cream cookie sandwiches

Flavor a - Vanilla ice cream between two chocolate cookies containing chocolate chips or similar chocolate pieces Flavor b - Cookies n’ cream ice cream between two chocolate cookie wafers Flavor c - Other

Packaging 1 - 4.0 fluid oz. - 4.5 fluid oz. (118 mL - 133 mL) Packaging 2 – Other

Type V - Ice cream bars Style A - Regular ice cream Style B - Low fat ice cream (21 CFR § 101.62) Style C - Other

Packaging 1 - 2.0 fluid oz. - 2.9 fluid oz. (59 mL - 85 mL) Packaging 2 - 3.0 fluid oz. - 3.9 fluid oz. (88 mL - 115 mL) Packaging 3 - 4.0 fluid oz. - 4.5 fluid oz. (118 mL - 133 mL) Packaging 4 - 4.6 fluid oz. - 5.0 fluid oz. (136 mL - 147 mL) Packaging 5 - Other

Flavor a - Vanilla ice cream with a chocolate coating Flavor b - Vanilla ice cream with a chocolate coating and crisp rice Flavor c - Vanilla ice cream with a chocolate center with cake crunch coating Flavor d - Vanilla ice cream with a strawberry center with cake crunch coating Flavor e - Other

Form i - With a stick Form ii - Without a stick

Type VI - Ice Cream Cones

Style B - Low fat ice cream (21 CFR § 101.62) Style C - Reduced fat ice cream (21 CFR § 101.62) Style D - Other

Packaging 1 - 3.0 fluid oz. - 3.9 fluid oz. (88 mL - 115 mL) Packaging 2 - 4.0 fluid oz. - 4.5 fluid oz. (118 mL - 133 mL) Packaging 3 - 4.6 fluid oz. - 5.0 fluid oz. (136 mL - 147 mL) Packaging 4 - Other

Flavor a - Sugar cone filled with vanilla ice cream, topped with chocolate and peanuts Flavor b - Chocolate cone filled with vanilla ice cream, topped with chocolate and peanuts Flavor c - Sugar cone filled with vanilla and caramel ice cream, topped with chocolate and peanuts Flavor d – Other

Type VII - Fudge Bars on a stick

Style B - Low fat (21 CFR § 101.62) Style C - Fat free (21 CFR § 101.62) Style D - Fat free and no sugar added (21 CFR § 101.62 and 101.60) Style E - Other

Packaging 1 - 1.5 fluid oz. - 2.4 fluid oz. (44 mL - 71 mL) Packaging 2 - 2.5 fluid oz. - 3.0 fluid oz. (74 mL - 88 mL) Packaging 3 - Other

Flavor a - Fudge

Flavor b - Fudge/vanilla Flavor c – Other

Type VIII - Frozen ices Style A - Cup Style B - On a stick Style C - Other

Packaging 1 - 1.2 fluid oz. - 1.9 fluid oz. (35 mL - 56 mL) Packaging 2 - 2.0 fluid oz. - 2.9 fluid oz. (59 mL - 85 mL) Packaging 3 - 3.0 fluid oz. - 3.9 fluid oz. (88 mL - 115 mL) Packaging 4 - 4.0 fluid oz. - 4.5 fluid oz. (118 mL - 133 mL) Packaging 5 - Other

Flavor a - Cherry Flavor b - Orange Flavor c - Grape Flavor d - Red, white, and blue Flavor e – Other

Type IX - Sherbet 1/ Packaging 1 - Push-up tubes Packaging 2 - Bulk [(greater than 64 fluid oz.) (greater than 1892 mL)] Packaging 3 - Quarts [(32 fluid oz.) (946 mL)] Packaging 4 - Cups [(3 fluid oz. or greater) (88 mL or greater)] Packaging 5 - Other

Flavor a - Orange Flavor b - Lime Flavor c - Raspberry Flavor d - Lemon Flavor e - Rainbow (three different flavors) Flavor f - Other

CN labeling (a) - With a CN label 2/ CN labeling (b) - Without a CN label

Type X - Fruit and juice products 1/ Flavor A - Strawberry Flavor B - Orange Flavor C - Cherry Flavor D - Other

Form 1 - Cup Form 2 - On a stick Form 3 - Wedge shaped

Packaging a - 2.0 fluid oz. - 2.9 fluid oz. (59 mL - 85 mL) Packaging b - 3.0 fluid oz. - 3.9 fluid oz. (88 mL - 115 mL) Packaging c - 4.0 fluid oz. - 4.5 fluid oz. (118 mL - 133 mL) Packaging d - Other

When meal pattern contribution information is required:

Fruit (1) - 1/8 cup fruit Fruit (2) - 1/4 cup fruit Fruit (3) - 3/8 cup fruit Fruit (4) - 1/2 cup fruit Fruit (5) – Other

END OF SOW.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

73,726.00 ea ______________

Milk, Group I, Type A (Whole), EA= ½ Pint

Contract Period: Base POP Begin: 04-01-2021 POP End: 09-30-2021

24.00 ea ______________

Milk, Group I, Type A (Whole), EA= Gallon

275,350.0 ea ______________

Milk, Group I, Type B (Reduced Fat), 2%, EA= ½ Pint

900.00 ea ______________

Milk, Group I, Type B (Reduced Fat), 2%, EA= Gallon

13,736.00 ea ______________

Milk, Group I, (Whole), Flavor (Chocolate), EA= ½ Pint

22,700.00 ea ______________

Milk, Group I, Type D (Skim), Flavor B (Chocolate), 1/2 pint

192,700.0 ea ______________

Milk, Group I, Type D (Skim), EA= 1/2 Pint

532.00 ea ______________

Milk, Group I, Type D (Skim), EA= 1 Gallon

8,000.00 ea ______________

Milk, Group1, Type C (Lowfat)1%, 1/2 pint carton

100.00 ea ______________

Milk, Group1, Type C (Lowfat)1%, 1 gallon

3,725.00 ea ______________

Buttermilk, Group I, Type L (Acidified nonfat or Type P Cultured nonfat), 1/2 pint

600.00 ea ______________

Buttermilk, Group I, Type K (Acid. Lowfat),Type 0 (Cultd Lowfat), EA=QT.

50.00 ea ______________

Milk, Group I, Type H, Lactose and Fat Free, EA= ½ Pint

7,340.00 ea ______________

Milk, Group 1, (Lactose Free Milk) 1/2 pint carton

75.00 ea ______________

Cream, Group I,Type B (Light Whipping Cream), EA=QT

3.00 ea ______________

Yogurt, Type 1, Class C, Nonfat, Flavor vanilla non-nutritive sweet ea=5lb

25.00 ea ______________

Yogurt, Type 1, Class C, Nonfat, Flavor vanilla sweetened ea=5lb

225.00 ea ______________

Half-and-Half,Group I, Type E (Half-and-Half), Quart

272.00 ea ______________

Cottage Cheese, Group A (Cultured), Subgroup I ( normal shelf life), Type II Lowfat, Class 1 (unflavored) Style a (small curd), 5 pound carton

12.00 ea ______________

Sour Cream, Type I or N, Low Fat EA= 5 lb

30.00 ea ______________

Yogurt, Type 1, Class C, Nonfat, Plain EA=5 lb

28.00 ea ______________

Yogurt, Frozen Vanilla 56 ounces

2,500.00

Ice Cream, Vanilla, 4 oz cup/ 24 per box

500.00 ea ______________

Ice Cream, Chocolate, 4 oz cup/24 per box

625.00 ea ______________

Sherbet, Orange, 4oz cup/24 per box

600.00 ea ______________

Fruit Punch Drink, Gallon

6,050.00 ea ______________

Orange Juice = EA 4 oz.

1,750.00 ea ______________

Orange Drink, pint

4,050.00 ea ______________

Apple Juice = EA 4 oz.

900.00 ea ______________ ________________

Lemonade Gallon

163,012 ea __________________ __________________ Milk, Group I, Type A (Whole), EA= ½ Pint

Contract Period: Option Year 1 POP Begin: 10-01-2021 POP End: 09-30-2022

29.00 ea __________________ __________________

698,850.00 ea __________________ __________________

1,080.00 ea __________________ __________________

27,472.00 ea __________________ __________________

50,830.00 ea __________________ __________________

382,712.00 ea __________________ __________________

1,060.00 ea __________________ __________________

164,500.00 ea __________________ __________________

150.00 ea __________________ __________________

7,550.00 ea __________________ __________________

1,320.00 ea __________________ __________________

50.00 ea __________________ __________________

14,736.00 ea __________________ __________________

120.00 ea __________________ __________________

8.00 ea __________________ __________________

60.00 ea __________________ __________________

540.00 ea __________________ __________________

782.00 ea __________________ __________________ Cottage Cheese, Group A (Cultured), Subgroup I ( normal

29.00 ea __________________ __________________

79.00 ea __________________ __________________

56.00 ea __________________ __________________

5,000.00

1,250.00 ea __________________ __________________

1,200.00 ea __________________ __________________

12,100.00 ea __________________ __________________

3,500.00 ea __________________ __________________

8,100.00 ea __________________ __________________

1,800.00 ea __________________ __________________

163,377 ea __________________ __________________

Contract Period: Option Year 2 POP Begin: 10-01-2022 POP End: 09-30-2023

32.00 ea __________________ __________________

711,104.00 ea __________________ __________________

1,188.00 ea __________________ __________________

13,736.00 ea __________________ __________________

52,278.00 ea __________________ __________________

385,712.00 ea __________________ __________________

1,061.00 ea __________________ __________________

Buttermilk, Group I, Type L (Acidified nonfat or Type P Cultured nonfat), 1/2 pint

1,452.00 ea __________________ __________________ Buttermilk, Group I, Type K (Acid. Lowfat),Type 0 (Cultd Lowfat), EA=QT.

66.00 ea __________________ __________________

14,676.00 ea __________________ __________________

132.00 ea __________________ __________________

594.00 ea __________________ __________________

815.00 ea __________________ __________________ Cottage Cheese, Group A (Cultured), Subgroup I ( normal shelf life), Type II Lowfat, Class 1 (unflavored) Style a (small curd), 5 pound carton

5,000.00

73,726.00 ea __________________ __________________

Contract Period: Option Year 3 POP Begin: 10-01-2023 POP End: 09-30-2024

711,104.00 ea __________________ __________________

1,188.00 ea __________________ __________________

27,472.00 ea __________________ __________________

53,638 ea __________________ __________________

385,712.00 ea __________________ __________________

1,061.00 ea __________________ __________________

1,452.00 ea __________________ __________________

14,676.00 ea __________________ __________________

132.00 ea __________________ __________________

594.00 ea __________________ __________________

815.00 ea __________________ __________________

5,250.00

73,726.00 ea ________________ ________________

Contract Period: Option Year 4 POP Begin: 10-01-2024 POP End: 09-30-2025

32.00 ea ________________ ________________

711,104.00 ea ________________ ________________

1,188.00 ea ________________ ________________

27,472.00 ea ________________ ________________

53,638.00 ea ________________ ________________

385,712.00 ea ________________ ________________

1,061.00 ea ________________ ________________

164,500.00 ea ________________ ________________

150.00 ea ________________ ________________

7,550.00 ea ________________ ________________

1,452.00 ea ________________ ________________

66.00 ea ________________ ________________

14,676.00 ea ________________ ________________

132.00 ea ________________ ________________

8.00 ea ________________ ________________

66.00 ea ________________ ________________

594.00 ea ________________ ________________

815.00 ea ________________ ________________

32.00 ea ________________ ________________

79.00 ea ________________ ________________

56.00 ea ________________ ________________

5,250.00

1,250.00 ea ________________ ________________

1,250.00 ea ________________ ________________

1,200.00 ea ________________ ________________

12,100.00 ea ________________ ________________

3,500.00 ea ________________ ________________

8,100.00 ea ________________ ________________

1,800.00 ea ________________ __________________

GRAND TOTAL

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, f ires, f loods, 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 Identif ication 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 notif ied 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 f inancing or invoice payment or that the Government has otherwise overpaid on a contract f inancing 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…