36C25624Q1332.pdf
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- Attached to
- 8910--Dairy Contract Federal contract opportunity
- Solicitation number
- 36C25624Q1332
About this file
This document is a solicitation (Solicitation Number 36C25624Q1332) issued by the Department of Veterans Affairs (VA) for a Milk and Dairy Contract for the Southeast Louisiana Veterans Healthcare System located in New Orleans, Louisiana. The proposed contract is for a 5-year ordering period from August 30, 2024, to August 29, 2029. The solicitation is being issued as a 100% Women-Owned Small Business Set-Aside under NAICS code 311511 - Fluid Milk Manufacturing. Responses are due by August 27, 2024, at 1:00 PM Central Standard Time. The contract will be awarded as a Firm-Fixed Price contract to the lowest priced offeror that meets or exceeds all requirements. The solicitation provides detailed product specifications, estimated quantities, and delivery locations. Offerors must submit technical and pricing proposals addressing their relevant experience, personnel qualifications, and ability to meet the required delivery schedule.
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PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C25624Q1332 08-20-2024
VERONICA MASKELL 08-27-2024
1pm CDT
Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101
X
X
311511
1150 Employees
N/A
X
Department of Veterans Affairs Southeast Louisiana Veterans Healthcare Systems (SLVHCS)- Nutrition & Food SVS 2400 Canal St New Orleans LA 70119
Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically
1-877-489-6135
See CONTINUATION Page
Milk and Dairy Contract for SLVHCS, New Orleans, La.
Period of Performance:
ORDERING PERIOD YEAR 1: 08/30/2024- 08/29/2025
ORDERING PERIOD YEAR 2: 08/30/2025- 08/29/2026
ORDERING PERIOD YEAR 3: 08/30/2026- 08/29/2027
ORDERING PERIOD YEAR 4: 08/30/2027- 08/29/2028
ORDERING PERIOD YEAR 4: 08/30/2028- 08/29/2029
Questions regarding the solicitation shall be emailed to the CO at veronica.maskell@va.gov NLT 8/27/2024 by 1:00PM CST.
Responses are due by 2:00pm 8/22/2024 via email to veronica.maskell@va.gov
Delivery order will be issued for each ordering period.
$0.00 See CONTINUATION Page
To be Designated in Task Orders-Individual Task Orders are funded.
X
X 1
36C25624Q1332
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
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 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984)
C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.13 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED
BY REFERENCE (JAN 2008)
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
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 36C256
Department of Veterans Affairs
Overton Brooks VA Medical Center (90C)
510 East Stoner Avenue
Shreveport LA 71101
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[ ] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] 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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVIC
ES QUANTITY UNIT UNIT PRICE AMOUNT
1001 1.00 YR _____________
Ordering Period 2: GALLON 2% REDUCED FAT MILK Product# 1200030 Contract Period: Base POP Begin: 08-30-2024 POP End: 08-29-2025 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs
LOCAL STOCK NUMBER: CLIN 001
It is estimated that 175 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1002 1.00 YR _____________
Ordering Period 1: GALLON FAT FREE (SKIM) MILK Item #1200040
LOCAL STOCK NUMBER: CLIN 002
It is estimated that 89 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1003 1.00 YR _____________
Ordering Period 1: HALF-GALLON HALF & HALF Item # 1255020
LOCAL STOCK NUMBER: CLIN 003
It is estimated that 1,350.00 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1004 1.00 YR _____________
Ordering Period 1: HALF-GALLON 2% REDUCED FAT MILK as needed Item# 1255030
LOCAL STOCK NUMBER: CLIN 004
It is estimated that 1 EA is needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1005 1.00 YR _____________
Ordering Period 1: HALF-GALLON FAT FREE (SKIM) MILK Item# 1255040
LOCAL STOCK NUMBER: CLIN 005
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1006 1.00 YR _____________
Ordering Period 1: QUART HALF & HALF Item# 1301225
LOCAL STOCK NUMBER: CLIN 006
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1007 1.00 YR _____________
Ordering Period 1: HALF-PINT CARTON 2% REDUCED FAT MILK Item# 1400033
LOCAL STOCK NUMBER: CLIN 007
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1008 1.00 YR _____________
Ordering Period 1: HALF-PINT CARTON FAT FREE (SKIM) MILK Item# 1400040
LOCAL STOCK NUMBER: CLIN 008
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1009 1.00 YR _____________
Ordering Period 1: HALF-PINT PLASTIC 2% REDUCED FAT
MILK
LOCAL STOCK NUMBER: 1455031
It is estimated that 24,000 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
1010 1.00 YR _____________
Ordering Period 1: HALF-PINT PLASTIC FAT FREE (SKIM)
MIL
LOCAL STOCK NUMBER: 1455040
It is estimated that 10,800 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2001 1.00 YR _____________
Ordering Period 2: GALLON 2% REDUCED FAT MILK Product# 1200030 Contract Period: Base POP Begin: 08-30-2025 POP End: 08-29-2026 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs
LOCAL STOCK NUMBER: CLIN 001
It is estimated that 185 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2002 1.00 YR _____________
Ordering Period 2: GALLON FAT FREE (SKIM) MILK Item #1200040
LOCAL STOCK NUMBER: CLIN 002
It is estimated that 99 GL are needed in this
For reference purposes unit price rate: $______________
2003 1.00 YR _____________
Ordering Period 2: HALF-GALLON HALF & HALF Item # 1255020
LOCAL STOCK NUMBER: CLIN 003
2004 1.00 YR _____________
Ordering Period 2: HALF-GALLON 2% REDUCED FAT MILK as needed Item# 1255030
LOCAL STOCK NUMBER: CLIN 004
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2005 1.00 YR _____________
Ordering Period 2: HALF-GALLON FAT FREE (SKIM) MILK Item# 1255040
LOCAL STOCK NUMBER: CLIN 005
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2006 1.00 YR _____________
Ordering Period 2: QUART HALF & HALF Item# 1301225
LOCAL STOCK NUMBER: CLIN 006
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2007 1.00 YR _____________
Ordering Period 2: HALF-PINT CARTON 2% REDUCED FAT MILK Item# 1400033
LOCAL STOCK NUMBER: CLIN 007
It is estimated that 1 EA are needed in this
2008 1.00 YR _____________
Ordering Period 2: HALF-PINT CARTON FAT FREE (SKIM) MILK Item# 1400040
LOCAL STOCK NUMBER: CLIN 008
2009 1.00 YR _____________
Ordering Period 2: HALF-PINT PLASTIC 2% REDUCED FAT
MILK
LOCAL STOCK NUMBER: 1455031
It is estimated that 24,101 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
2010 1.00 YR _____________
Ordering Period 2: HALF-PINT PLASTIC FAT FREE (SKIM)
MIL
LOCAL STOCK NUMBER: 1455040
It is estimated that 10,810 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3001 1.00 YR _____________
Ordering Period 3: GALLON 2% REDUCED FAT MILK Product# 1200030 Contract Period: Base POP Begin: 08-30-2026 POP End: 08-29-2027 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs
LOCAL STOCK NUMBER: CLIN 001
It is estimated that 195 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3002 1.00 YR _____________
Ordering Period 3: GALLON FAT FREE (SKIM) MILK Item #1200040
LOCAL STOCK NUMBER: CLIN 002
It is estimated that 109 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3003 1.00 YR _____________
Ordering Period 3: HALF-GALLON HALF & HALF Item # 1255020
LOCAL STOCK NUMBER: CLIN 003
It is estimated that 1,370 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3004 1.00 YR _____________
Ordering Period 3: HALF-GALLON 2% REDUCED FAT MILK as needed Item# 1255030
LOCAL STOCK NUMBER: CLIN 004
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3005 1.00 YR _____________
Ordering Period 3: HALF-GALLON FAT FREE (SKIM) MILK Item# 1255040
LOCAL STOCK NUMBER: CLIN 005
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3006 1.00 YR _____________
Ordering Period 3: QUART HALF & HALF Item# 1301225
LOCAL STOCK NUMBER: CLIN 006
It is estimated that 1 EA are needed in this category for the entire performance period.
3007 1.00 YR _____________ _____________
Ordering Period 3: HALF-PINT CARTON 2% REDUCED FAT MILK Item# 1400033
LOCAL STOCK NUMBER: CLIN 007
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3008 1.00 YR _____________
Ordering Period 3: HALF-PINT CARTON FAT FREE (SKIM) MILK Item# 1400040
LOCAL STOCK NUMBER: CLIN 008
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3009 1.00 YR _____________
Ordering Period 3: HALF-PINT PLASTIC 2% REDUCED FAT
MILK
LOCAL STOCK NUMBER: 1455031
It is estimated that 24,020 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
3010 1.00 YR _____________
Ordering Period 3: HALF-PINT PLASTIC FAT FREE (SKIM)
MIL
LOCAL STOCK NUMBER: 1455040
It is estimated that 10,820 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4001 1.00 YR _____________
Ordering Period 4: GALLON 2% REDUCED FAT MILK Product# 1200030 Contract Period: Base POP Begin: 08-30-2027 POP End: 08-29-2028
PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs
LOCAL STOCK NUMBER: CLIN 001
4002 1.00 YR _____________
Ordering Period 4: GALLON FAT FREE (SKIM) MILK Item #1200040
LOCAL STOCK NUMBER: CLIN 002
It is estimated that 119 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4003 1.00 YR _____________
Ordering Period 4: HALF-GALLON HALF & HALF Item # 1255020
LOCAL STOCK NUMBER: CLIN 003
It is estimated that 1380 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4004 1.00 YR _____________
Ordering Period 4: HALF-GALLON 2% REDUCED FAT MILK as needed Priced Item# 1255030
LOCAL STOCK NUMBER: CLIN 004
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4005 1.00 YR _____________
Ordering Period 4: HALF-GALLON FAT FREE (SKIM) MILK Item# 1255040
LOCAL STOCK NUMBER: CLIN 005
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4006 1.00 YR _____________
Ordering Period 4: QUART HALF & HALF Item# 1301225
LOCAL STOCK NUMBER: CLIN 006
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4007 1.00 YR _____________
Ordering Period 4: HALF-PINT CARTON 2% REDUCED FAT MILK Item# 1400033
LOCAL STOCK NUMBER: CLIN 007
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4008 1.00 YR _____________
Ordering Period 4: HALF-PINT CARTON FAT FREE (SKIM) MILK Item# 1400040
LOCAL STOCK NUMBER: CLIN 008
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4009 1.00 YR _____________
Ordering Period 4: HALF-PINT PLASTIC 2% REDUCED FAT
MILK
LOCAL STOCK NUMBER: 1455031
It is estimated that 24,030 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
4010 1.00 YR _____________
Ordering Period 4: HALF-PINT PLASTIC FAT FREE (SKIM)
MIL
LOCAL STOCK NUMBER: 1455040
It is estimated that 10,830 EA are needed in this
5001 1.00 YR _____________
Ordering Period 5: GALLON 2% REDUCED FAT MILK Product# 1200030 Contract Period: Base POP Begin: 08-30-2028 POP End: 08-29-2029 PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs
LOCAL STOCK NUMBER: CLIN 001
It is estimated that 215 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5002 1.00 YR _____________
Ordering Period 5: GALLON FAT FREE (SKIM) MILK Item #1200040
LOCAL STOCK NUMBER: CLIN 002
It is estimated that 129 GL are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5003 1.00 YR _____________
Ordering Period 5: HALF-GALLON HALF & HALF Item # 1255020
LOCAL STOCK NUMBER: CLIN 003
It is estimated that 1,390 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5004 1.00 YR _____________
Ordering Period 5: HALF-GALLON 2% REDUCED FAT MILK as needed Item# 1255030
LOCAL STOCK NUMBER: CLIN 004
It is estimated that 1 EA are needed in this
5005 1.00 YR _____________
Ordering Period 5: HALF-GALLON FAT FREE (SKIM) MILK Item# 1255040
LOCAL STOCK NUMBER: CLIN 005
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5006 1.00 YR _____________
Ordering Period 5: QUART HALF & HALF Item# 1301225 Price
LOCAL STOCK NUMBER: CLIN 006
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5007 1.00 YR _____________
Ordering Period 5: HALF-PINT CARTON 2% REDUCED FAT MILK Item# 1400033
LOCAL STOCK NUMBER: CLIN 007
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5008 1.00 YR _____________
Ordering Period 5: HALF-PINT CARTON FAT FREE (SKIM) MILK Item# 1400040
LOCAL STOCK NUMBER: CLIN 008
It is estimated that 1 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
5009 1.00 YR _____________
Ordering Period 5: HALF-PINT PLASTIC 2% REDUCED FAT
MILK
LOCAL STOCK NUMBER: 1455031
It is estimated that 24,040 are needed in this
For reference purposes unit price rate: $______________
5010 1.00 YR _____________
Ordering Period 5: HALF-PINT PLASTIC FAT FREE (SKIM)
MIL
LOCAL STOCK NUMBER: 1455040
It is estimated that 10,840 EA are needed in this category for the entire performance period.
For reference purposes unit price rate: $______________
GRAND TOTAL _____________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION
QUANTIT
Y
DELIVERY
DATE
1001 SHIP TO: Southeast Louisiana Veterans Health Care System 2400 Canal Street 4G201 New Orleans, LA 70119
USA
1.00
FOB: DESTINATION
1002 1.00
1003 1.00
1004 1.00
1005 1.00
1006 1.00
1007 1.00
1008 1.00
1009 1.00
1010 1.00
2001 SHIP TO: Southeast Louisiana Veterans Health Care System 2400 Canal Street 4G201 New Orleans, LA 70119
USA
1.00
FOB: DESTINATION
2002 1.00
2003 1.00
2004 1.00
2005 1.00
2006 1.00
2007 1.00
2008 1.00
2009 1.00
2010 1.00
3001 SHIP TO: Southeast Louisiana Veterans Health Care System 2400 Canal Street 4G201 New Orleans, LA 70119
USA
1.00
FOB: DESTINATION
3002 1.00
3003 1.00
3004 1.00
3005 1.00
3006 1.00
3007 1.00
3008 1.00
3009 1.00
3010 1.00
4001 SHIP TO: Southeast Louisiana Veterans Health Care System 2400 Canal Street 4G201 New Orleans, LA 70119
USA
1.00
FOB: DESTINATION
4002 1.00
4003 1.00
4004 1.00
4005 1.00
4006 1.00
4007 1.00
4008 1.00
4009 1.00
4010 1.00
5001 SHIP TO: Southeast Louisiana Veterans Health Care System 2400 Canal Street 4G201 New Orleans, LA 70119
USA
1.00
FOB: DESTINATION
5002 1.00
5003 1.00
5004 1.00
5005 1.00
5006 1.00
5007 1.00
5008 1.00
5009 1.00
5010 1.00
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(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 Federal Acquisition Regulation (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 FAR 32.608-2 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; 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), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/30/2024 through 08/29/2029.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of ;
(2) Any order for a combination of items in excess of ; or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after .
(End of Clause)
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.
Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .
(End of Clause)
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR
(APR 1984)
Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.
No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)
C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT
2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE
(DEC 2022)
The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.
(End of Clause)
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.13 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.
(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.
(End of Addendum to 52.212-4)
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7)…
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