36C25718Q9796-001.docx

36C25718Q9796

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

08-02-2018 Jessica Roman 432-268-5055 08-16-2018 4:00 pm 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

X

311511 1000 Employees

N/A

00519 Department of Veterans Affairs Amarillo VA Health Care System

6010 Amarillo Blvd. West Amarillo TX 79106 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices

(877) 353-9791

(512) 460-5540

See CONTINUATION Page See Price/Cost Schedule

Multiple-facility with multiple locations, see Statement of Need.

See CONTINUATION Page

Jessica E. Roman

NCO1815L1-3259

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

Instructions to Offerors Evaluation Factors for Award

Solicitation issued via www.FBO.gov as a total small business set-a-side, contractors must be registered in System for Award Management (SAM) as a small business under the NAICS listed.

Quotations due 08/16/2018 at 4:00 p.m. EST (3:00 p.m. CST).

Submit quotations via e-mail to jessica.roman@va.gov.

Point of Contact:

Jessica Roman Contract Specialist SAO West Network Contracting Office (NCO) 17 707 East 3rd Street Big Spring, TX 79720 Phone: 432-268-5055 Fax: 432-517-4586 jessica.roman@va.gov

Late quotes/documentation will not be accepted. All questions, comments, or inquiries are to be submitted in writing to the Point of Contact, referenced above, prior to the closing of the solicitation. Partial quotes will not be accepted.

I. Basis of Award The Government will award a purchase order resulting from this solicitation to the responsible offeror whose quote, meeting all salient characteristics/requirements outlined in the solicitation, represents the lowest price.

Past performance will be assessed with a “pass/fail” evaluation based upon information supplied by the contractor or other sources available to the government. Contractor will receive a “pass” rating if their past performance is determined to be satisfactory or better. Contractors with no relevant performance history or for whom information on past performance is not available will receive a neutral rating. A neutral rating will be evaluated as a “pass” for the purposes of determining technical acceptability.

The following areas will be evaluated:

Factor 1: Price – Contractor shall complete Price/Cost Schedule and include it with their quote. The schedule may be altered by the contractor as necessary. The contractor shall provide information clearly demonstrating the quoted items meet all requirements outlined in the solicitation.

Factor 2: Past Performance – The Contracting Officer (CO) will refer to the Past Performance Information Retrieval System (PPIRS) when evaluating past performance. The contractor may submit addition past performance references with company/firm name, telephone number, and e-mail address.

The contractor shall complete all fill-in required in the Statement of Need below:

Statement of Need

1. SCOPE

The Amarillo VA Health Care System (AVAHCS), facility located in Amarillo, Texas, and the West Texas VA Health Care System (WTVAHCS), facility located in Big Spring, Texas, require the purchase of Dairy Subsistence. This solicitation is conducted under the authority of Federal Acquisition Regulation (FAR) Parts 12 & 13. Quotes will be evaluated based upon pricing & past performance methodology. The government anticipates a multiple-award Blanket Purchase Agreement (BPA) to be awarded as a result of this solicitation, based upon facility location. The period of performance begins 10/01/2018 and will consist of one (1) base period of 1-year, and up to four (4) option periods of 1-year each. Contractors are instructed as follows:

a. Contractors shall quote on all Line Items per facility, either the AVAHCS, the WTVAHCS, or both facilities. No partial quotes per facility will be accepted.

b. Only one (1) awardee will be selected per facility.

The BPA Cost/Price Schedule will be reviewed at a minimum of once annually, in accordance with FAR 13.303-6 – Review Procedures. The contractor may request additional reviews by the Contracting Officer (CO), but no more than once quarterly.

2. DELIVERY REQUIREMENTS

Deliveries shall be made to the Nutrition & Food Service (N&FS) walk-in cooler. A facility N&FS employee must be available within the receiving area to escort delivery person, unless otherwise directed by the participating facility’s COR, including National holidays. Facility COR will provide Building and Rooms numbers to the contractor prior to performance dates.

a. AVAHCS N&FS and Veterans Canteen Service (VCS):

i. Delivery Schedule – Two (2) times per week, on Tuesday and Thursday, between 6:00 a.m. and 8:00 a.m. local time, NO EXCEPTIONS.

ii. Delivery Location:

1. N&FS: walk-in cooler on 1st floor, below Room 2000.

2. VSC: Room 2228.

b. WTVAHCS N&FS:

i. Delivery Schedule – Two (2) times per week, on Tuesday and Friday, between 6:00 a.m. and 1:00 p.m. local time, NO EXCEPTIONS.

ii. Delivery Location – N&FS: Main Kitchen, Building 1, Room 87a.

3. DELIVERED GOODS

The government reserves the right to inspect delivered goods for compliance of specifications, including but not limited to, correct products, quantities, proper packing, damaged goods, etc. Any items determined unacceptable will be refused with full credit/replacement due at the discretion of the government. Replacement of rejected products shall be delivered the same day no later than 3:00 p.m., unless otherwise specified by the Contracting Officer Representative (COR).

The Contractor shall be responsible for delivery to the appropriate locations specified by the delivery schedule or COR. The Contractor shall provide the necessary means to accomplish such delivery (e.g.: hand truck, dolly, cart, etc.). The government assumes no obligation to provide and/or make available to the contractor, any such means required for such delivery, nor shall the government be required to accept shipment should the contractor be unable to make delivery as required.

4. FRESHNESS OF PRODUCTS

Fluid dairy products and other dairy products shall have sufficient remaining shelf life commensurate with good commercial practices and at a minimum:

a. Milk shall be delivered within a reasonable industry standard time after pasteurization and have a minimum ten (10) days of shelf life after date of delivery.

b. Buttermilk shall be delivered with a minimum of twelve (12) days shelf life after date of delivery.

c. Cottage cheese, cultured, normal shelf life shall be delivered within four (4) days after date of packaging. Cottage cheese, cultured or acidified, extended shelf life, shall be delivered within seven (7) days after date of packaging.

d. Sour cream shall be delivered within seven (7) days after pasteurization.

5. REFRIGERATION, FROZEN, AND DRY STORAGE REQUIREMENTS

a. Items requiring “protection from heat” shall be transported and stored at temperature below seventy (70) degrees Fahrenheit.

b. Carrier equipment for straight loads of “Chilled” products shall be required to be pre-cooled to a minimum temperature of thirty-five (35) degrees Fahrenheit and a maximum temperature of forty-one (41) degrees Fahrenheit, and shall be capable of maintaining temperature within that range to destination.

c. Carrier equipment for straight load of “Frozen” products shall be pre-cooled to ten (10) degrees Fahrenheit, or lower before loading, and capable of maintaining zero (0) degrees Fahrenheit or lower to destination. Product shall be loaded in carrier’s equipment as promptly as possible to minimize product temperature rise. At destination, the product shall be hard frozen and show no signs of defrosting. Temperature of the product shall not be above zero (0) degrees Fahrenheit. Frozen products shall be wrapped in polyurethane wrapping.

d. Carrier equipment for straight load of “Frozen and Chilled” products shall be required to be pre-cooled to a minimum temperature of thirty-five (35) degrees Fahrenheit and a maximum temperature of forty-one (41) degrees Fahrenheit, and shall be capable of maintaining temperatures within that range to destination. The frozen products in the load shall be completely segregated by installing effective barrier(s) at the time of loading in order to prevent product damage.

6. U.S. PUBLIC HEALTH SERVICE (USPHS) RATING

All milk/milk products shall be Grade A quality. The contractor shall have obtained USPHS pasteurized milk rating of 90% or higher within the last two-year period and shall retain such status throughout the term of the contract. A copy of the current USPHS rating shall be provided to the Contracting Officer (CO) upon request. Failure to maintain USPHS rating of 90% or higher is grounds for immediate contract termination.

Contractor shall provide the following rating data:

Pasteurized Milk Rating: ______________________ Date of Rating: ______________________________

Statement Sanitation Rating Agency and Address:

Type of Products: ______________________________

7. FACILITY ORDERS

All facility orders shall be placed on an as needed basis for delivery two-days per week (no exceptions). Specific quantities and delivery dates will be determined in accordance with the delivery schedule by the COR. The contractor shall not substitute any items and shall not increase or decrease quantities ordered without prior approval from the COR. Order numbers will be provided by the facility at the time the facility order is placed. Facility orders can be placed by telephone, in writing, fax, or given to the contractor personnel as mutually agreed upon between the COR and the contractor.

ORDERS PLACED BY TELEPHONES: The contractor shall provide in the space provided below, the name, location, and telephone number of the office where orders may be placed by phone:

Name: _______________________________________________________

Telephone Number: _____________________________________________

Fax Number: ___________________________________________________

For tracking purposes, the COR shall document all verbal orders with the following minimum information:

8. PACKAGING, PACKING AND LABELING

Preservation, packaging and packing shall be to a degree of protection to preclude damage to containers and/or contents under normal shipping conditions, handling, etc., and shall conform to standard commercial practices and applicable carrier rules and regulations involving shipment from the contractor to the receiving activity for storage. Shipping containers shall be in compliance with National Motor Freight classification and Uniform Freight classification in effect at the time of shipment.

All packaging and packing shall be in accordance with good commercial practices. Labeling shall be in accordance with commercial labeling, complying with Federal Food, Drug, and Cosmetic Act and regulation promulgated therein.

All items shall be identified with readable dates (open code dates) or coded dates. Contractors who do not use open dating will provide a product code number key listing. The product code number key listing shall explain the actual date of production or processing. Copies of key-code listings will be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

9. PRODUCT AVAILABILITY

Should any product under this contract become unavailable or available on a limited basis, either temporarily or permanently, the contractor shall provide the government with sufficient notification thereof, offering possible substitutions and/or alternative sources, to afford the government adequate opportunity to approve or reject offered substitution and/or make other procurement arrangements.

10. PROCUREMENT FROM ANOTHER SOURCE

The CO will make every effort to ensure that offered substitutions are given fair and reasonable consideration and that procurement from an alternate source is made only if necessary. If procurement from an alternate source is required due to the contractor’s fault, the contractor shall be responsible for any price difference and any other additional charges.

11. CONTRACTOR LICENSE, PERMITS AND FACILITIES

The contractor shall obtain all necessary licenses and/or permits required to perform under this contract. The government may, prior to contract award or at any time during the term of the contract, inspect the contractor’s plan, personnel, equipment, processes, and protective containers to determine compliance with State and Federal sanitary requirements.

The contractor shall provide here under the name and address of the plant(s) to be utilized for performance of this contractor:

In the even another Federal Agency has inspected the plant listed; within the past year, indicate the agency’s name, address, and phone:

12. LABORATORY REPORTS

Upon request, the contractor shall provide the CO with copies of laboratory reports prepared by an official of a Federal, State, or County laboratory and shall include chemical and bacteriological examination results and certification that adequate public health controls are in effect at the plant are being observed. The Coliform Count and Plant Count on applicable items shall not exceed the maximum allowed by the County and/or State Health Department in more than one (1) sample in each series of four (4), each sample to be taken on separate days.

13. QUALITY MANAGEMENT

The government further reserves the right to enter and inspect any vehicle used to deliver goods for, but not limited to, compliance of sanitation conditions, proper refrigeration, proper cargo area temperature, etc. Such inspection shall be made on a random basis, upon delivery.

14. CONTRACTOR DELIVERY PERSONNEL

All contractor personnel shall wear distinctive clothing bearing the name of the contractor and by wearing badges bearing the contractor’s name, employee picture, and the employee’s name in English, and proper hair restraints.

15. DELIVERY

Department of Veterans Affairs Amarillo VA Health Care System 6010 Amarillo Blvd. West Amarillo, TX 79106

Department of Veterans Affairs West Texas VA Health Care System 300 Veterans Blvd.

Big Spring, TX 79720

FOB Destination

16. PERIOD OF PERFORMANCE

17. GOVERNMENT FURNISHED PROPERTY

There will be no Government Furnished Property provided to the contractor in the performance of this contract.

18. SECURITY LANGUAGE

The C&A requirements do not apply and a Security Accreditation Package is not required.

10 INVOICE INFORMATION

a. The contractor shall submit invoices monthly, in arrears.

b. Invoices shall be submitted electronically through the OB10 website: http://www.fsc.va.gov/einvoice.asp. Faxed or mailed invoices will be rejected.

c. Payment will be made by VAFSC, Austin, Texas, thirty (30) days after receipt of a proper invoice.

d. General information to be included on invoices:

i. Submission of a proper invoice including facility name, address, and phone number.

ii. Type of service performed.

iii. Date(s) of service.

e. NOTE: For Amarillo VCS proper invoices shall be sent to both the Amarillo VCS office and St. Louis. Payment will be made on all invoices thirty (30) days in arrears by the 5th day of the next month.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

AVAHCS 2% Milk 1/2 Pints Contract Period: Base POP Begin: 10-01-2018 POP End: 09-30-2019

AVAHCS Skim Milk 1/2 Pints

AVAHCS 2% Milk 1 Gallon

AVAHCS Cottage Cheese 24 oz.

AVAHCS Buttermilk 1/2 Gallon

AVAHCS Buttermilk 1/2 Pints

AVAHCS Sour Cream 5 Lb.

WTVAHCS 1% Milk 1/2 Pints

WTVAHCS 1% Milk 1 Gallon

WTVAHCS Cottage Cheese 5 Lb.

WTVAHCS 2% Milk 5 Gallon (bag)

AVAHCS 2% Milk 1/2 Pints Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

AVAHCS Skim Milk 1/2 Pints

AVAHCS 2% Milk 1 Gallon

AVAHCS Cottage Cheese 24 oz.

AVAHCS Buttermilk 1/2 Gallon

AVAHCS Buttermilk 1/2 Pints

AVAHCS Sour Cream 5 Lb.

WTVAHCS 1% Milk 1/2 Pints

WTVAHCS 1% Milk 1 Gallon

WTVAHCS Cottage Cheese 5 Lb.

WTVAHCS 2% Milk 5 Gallon (bag)

AVAHCS 2% Milk 1/2 Pints Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

AVAHCS Skim Milk 1/2 Pints

AVAHCS 2% Milk 1 Gallon

AVAHCS Cottage Cheese 24 oz.

AVAHCS Buttermilk 1/2 Gallon

AVAHCS Buttermilk 1/2 Pints

AVAHCS Sour Cream 5 Lb.

WTVAHCS 1% Milk 1/2 Pints

WTVAHCS 1% Milk 1 Gallon

WTVAHCS Cottage Cheese 5 Lb.

WTVAHCS 2% Milk 5 Gallon (bag)

AVAHCS 2% Milk 1/2 Pints Contract Period: Option 3 POP Begin: 10-01-2021 POP End: 09-30-2022

AVAHCS Skim Milk 1/2 Pints

AVAHCS 2% Milk 1 Gallon

AVAHCS Cottage Cheese 24 oz.

AVAHCS Buttermilk 1/2 Gallon

AVAHCS Buttermilk 1/2 Pints

AVAHCS Sour Cream 5 Lb.

WTVAHCS 1% Milk 1/2 Pints

WTVAHCS 1% Milk 1 Gallon

WTVAHCS Cottage Cheese 5 Lb.

WTVAHCS 2% Milk 5 Gallon (bag)

AVAHCS 2% Milk 1/2 Pints Contract Period: Option 4 POP Begin: 10-01-2022 POP End: 09-30-2023

AVAHCS Skim Milk 1/2 Pints

AVAHCS 2% Milk 1 Gallon

AVAHCS Cottage Cheese 24 oz.

AVAHCS Buttermilk 1/2 Gallon

AVAHCS Buttermilk 1/2 Pints

AVAHCS Sour Cream 5 Lb.

WTVAHCS 1% Milk 1/2 Pints

WTVAHCS 1% Milk 1 Gallon

WTVAHCS Cottage Cheese 5 Lb.

WTVAHCS 2% Milk 5 Gallon (bag)

B.3 DELIVERY SCHEDULE

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(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 items:

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[x] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[x] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [x] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[x] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[x] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[x] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[x] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[x] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[x] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[x] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[x] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[x] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[x] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[x] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[x] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 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.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(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.

(5) Payment request means any request for contract financing…