36C25719Q1246-001.pdf

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Attached to: NEW Dairy FY20, 671-20-1-120-0001 (VA-19-00067939)
Solicitation number: 36C25719Q1246
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

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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 88

See attachment A

36C25719Q1246 08-20-2019

Susan Flores 1-210-694-6307 08-29-2019 11:00

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

X 100

311511

1000 Employees

N/A

See SOW for Delivery Locations

78229-4401

VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

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

Milk Requirement

The Government intends to award a Firm-Fixed price contract to the Lowest Price Technically Acceptable (LPTA), responsible vendor.

See Statement of Work for Delivery locations.

Period of Performance: 5 year Ordering 11/09/19- 11/08/2024.

See CONTINUATION Page

X X

Michael J. Tusinger Contracting Officer

Attachment A

Item # 4 REQUIREMENT/PURCHASE REQ. NUMBER

549-20-1-20-0002

671-20-1-120-0001

674-20-1-120-0004

549-20-1-620-0002

36C25719Q1246

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 INSTRUCTIONS TO OFFERORS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

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

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 Michael J. Tusinger

VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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:

AMENDMENT NO DATE

B.2 INSTRUCTIONS TO OFFERORS

Evaluation Factors for Award http://www.fsc.va.gov/einvoice.asp

This solicitation is issued as a Total Small Business set-aside. The vendor must be registered for NAICS 311511 in SAM to be eligible for award.

Quotations due 08/29/2019 at 11:00 A.m. EST (10:00 a.m. CST).

Email quotes to Susan.flores2@va.gov

Point of Contact:

Susan Flores Contract Administrator Regional Procurement Office West (RPO West) Network Contracting Office 17 (NCO 17) 7400 Merton Minter Blvd. (10N17/90C) San Antonio, TX 78229 Phone: 210-694-6307 Susan.Flores2@va.gov

Late quotes or 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.

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.

mailto:delphia mailto:Susan.Flores2@va.gov

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

Statement of Work

Project Title: Milk Deliveries for VISN 17

Project Location(s): San Antonio, Kerrville, Temple, Waco, Dallas, and Bonham TX

Project Description: delivery of dairy and juice supplies to the Nutrition and Food Service (N&FS) departments at each location identified above.

Summary of Work Requirements

This is a Single Award, Firm-Fixed Price, Indefinite Delivery Quantity (IDIQ) Contract with a 5 year ordering period.

The guaranteed minimum award amount for this contract is $1000.00. The maximum aggregate value of orders that can be placed under this contract is $5,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount

Delivery Schedule: Deliveries shall be made to the Nutrition & Food Service walk-in cooler but must have someone from the kitchen receiving area to escort delivery person, unless otherwise directed by the participating facility’s POC, including National holidays.

Period of Performance: 11/09/2020-11/08/2024

Ordering Period: 11/09/2019-11/08/2020

Ordering Period 1: 11/09/2020-11/08/2021

Ordering Period 2: 11/09/2021-11/08/2022

Ordering Period 3: 11/09/2022-11/08/2023

Ordering Period 4: 11/09/2023-11/08/2024

1. Bonham, TX: Delivery Schedule: Tuesday and Friday Delivery time: No later than 9 am regardless the holidays Department of Veterans Affairs Sam Rayburn Memorial Veterans Center 1201 E. 9th St.

NFS, Main Kitchen area Bonham, TX 75418 (Dock is on the West end of building 2)

2. Dallas, TX: Delivery Schedule: Monday, Tuesday, Thursday and Friday Delivery time: No later than 9 am regardless the holidays Department of Veteran Affairs 4500 S. Lancaster Dallas, TX 75216

3. San Antonio, TX: Delivery Schedule: Monday & Thursday Delivery time: 6 AM -10 AM Department of Veterans Affairs VISN 17 Network Contracting Activity 7400 Merton Minter Blvd.

San Antonio, TX 78229-4401 Deliver To: Kitchen, Ground Level Rm. H0001 (on the same level as loading dock)

4. Kerrville Campus: Delivery Schedule: Monday Delivery Hours: 8-10 AM 3600 Memorial Drive Main Kitchen (347J) Kerrville, TX 78028 (Kitchen is on the 3rd floor, take the cargo elevator near the loading dock and it goes and goes directly to the kitchen on the 3rd floor).

5. Temple VA Hospital: Delivery Schedule: Monday, Wednesday and Friday Delivery Hours: 8-10 am for both site (Temple & Waco) Nutrition and Food Services 1901 S. 1st Str., Bldg. 163 Temple, TX 76504

6. Waco Campus: Delivery Schedule: Monday, Wednesday and Friday Delivery Hours: 8-10 am for both site (Temple & Waco) Nutrition & Food Services 4800 Memorial Drive Bldg. 202 Waco, Tx 76711

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 POC.

The Contractor shall be responsible for delivery to the appropriate locations specified by the delivery schedule or POC. 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.

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

• Milk must be delivered within a reasonable industry standard time after pasteurization and have a minimum 10 days of shelf life after date of delivery.

• Buttermilk must be delivered with a minimum of 12 days shelf life after date of delivery.

• Cottage cheese, cultured, normal shelf life must be delivered within 4 days after date of packaging. Cottage cheese cultured or acidified, extended shelf life, must be delivered within 7 days after date of packaging.

REFRIGERATION, FROZEN PRODUCTS, AND DRY STORAGE REQUIREMENTS:

• Items requiring "protection from heat" shall be transported and stored at temperature below 70 degrees Fahrenheit.

• Carrier equipment for straight loads of "Chilled" products will be required to be pre-cooled to a minimum temperature of 35 degrees Fahrenheit and a maximum temperature of 41 degrees Fahrenheit and shall be capable of maintaining temperature within that range to destination.

• Carrier equipment for straight load of "Frozen" products will be pre-cooled to 10 degrees Fahrenheit, or lower before loading, and capable of maintaining O degrees Fahrenheit or lower to destination. Product should 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 O degrees Fahrenheit. Frozen products will be wrapped in polyurethane wrapping.

• Carrier equipment for straight load of "Frozen and Chilled" products will be required to be pre-cooled to a minimum temperature of 35 degrees Fahrenheit and a maximum temperature of 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.

US PUBLIC HEALTH SERVICE (USPHS) RATING: All milk/milk products shall be Grade A quality. 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 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: --------------

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

ORDERS PLACED BY TELEPHONES: 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: ------------------------- Address: - - - - - - - - - - - - - - - - - - - - - - - - Telephones Number: - - - - - - - - - - - - - - - - - - - - Fax Number: - - - - - - - - - - - - - - - - - - - - - - -

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

Contract Number and purchase order number Date/Time of Order Placement Name of Contractor Ordering Clerk

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 normal 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 practice.

Labeling shall be in accordance with commercial labeling, complying with Federal Food, Drug, and Cosmetic Act and regulation promulgated there under.

All items must 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.

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.

PROCUREMENT FROM ANOTHER SOURCE: The Contracting Officer shall 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 is responsible for any price difference and any other additional charges.

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.

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:

LABORATORY REPORTS: Upon request the Contractor shall provide the Contracting Officer 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.

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.

CONTRACTOR DELIVERY PERSONNEL: All Contractor personnel are required to 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.

INVOICES: The Contractor shall submit proper invoices (which can be done electronically) weekly to N&FS. Proper invoices shall contain, 1) the contract number,

2) Facility Name, facility address and POC name, 3) assigned purchase order/obligation number, 4) period of performance and any additional details necessary to identify service rendered, 5) itemized list of products and quantities delivered.

PAYMENT: No advance payments will be authorized.

PAYMENT OF INVOICE MAY BE DELAYED IF INVOICES ARE NOT COMPLETED

PROPERLY.

PERSONNEL POLICY: The parties agree that the contract personnel working under this contract shall not be considered VA employees and shall be considered employees of the Contractor. The Contractor shall be responsible for providing worker's compensation, professional liability insurance; health examination, income tax withholding, and social security payments.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

26,000.00 EA __________________ __________________

Item number 0001AA. Milk, whole, half pint.

Contract Period: Base POP Begin: 11-09-2019 POP End: 11-08-2020

LOCAL STOCK NUMBER: 0001AA

86,000.00 EA __________________ __________________

Item number 0001AD Milk, low fat 1%, half pint.

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AD

190.00 EA __________________ __________________

Item number 0001AH Milk, whole, plain with Added Vitamin A, Gallon.

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AH

516.00 LB __________________ __________________

Item number 0001AL Cheese, Cottage, lowfat, small curd, 5 lb container Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AL

2,150.00 GL __________________ __________________

Item number 0001AR. Drink, Orange, Chilled.

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AR

2,580.00 GL __________________ __________________

Item number 0001AS. Drink, Fruit, Punch, Chilled, Gallon.

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AS

1,720.00 EA __________________ __________________

Item number 0001AV Milk, chocolate low fat 1%, half pint.

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 0001AV

1,050.00 GL __________________ __________________

Milk, Low Fat, 2% gallon Contract Period: Base POP Begin: 11-09-2019

106,000.00 EA __________________ __________________

Milk, Low Fat 2% .5 pint.

Contract Period: Base

112,000.00 EA __________________ __________________

Milk, 1% .5 pint.

Contract Period: Base

35,000.00 EA __________________ __________________

Milk, Choc, Whole, .5 pint.

Contract Period: Base

750.00 CO __________________ __________________

Cottage Cheese, Low fat, 5lb.

Contract Period: Base

100.00 GL __________________ __________________

Drink, Fruit Flavored, gallon. (Flavors - Orange, Fruit Punch, &

Grape) Contract Period: Base

71,900.00 EA __________________ __________________

Milk Lowfat 2%

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 23013

53,700.00 EA __________________ __________________

Milk Slim, Half Pint

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 22836

15,700.00 EA __________________ __________________

Milk Chocolate, Half pint

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 48116

70,500.00 EA __________________ __________________

Milk Lowfat, 2% Half Pint

Contract Period: Base

POP End: 11-08-2020

LOCAL STOCK NUMBER: 23103

31,000.00 EA __________________ __________________

Milk skim half pint

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 47622

3,000.00 EA __________________ __________________

Buttermilk, Half Pint

Contract Period: Base POP Begin: 11-09-2019

576.00 EA __________________ __________________

Cottage Cheese, Small or Large Curd 16 oz Container

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 49850

21,000.00 EA __________________ __________________

Milk Chocolate, Half Pint

Contract Period: Base POP Begin: 11-09-2019

LOCAL STOCK NUMBER: 48153

Contract Period: Option 1 POP Begin: 11-09-2020 POP End: 11-08-2021

Contract Period: Option 1 POP Begin: 11-09-2020

Gallon.

Contract Period: Option 1 POP Begin: 11-09-2020 container Contract Period: Option 1 POP Begin: 11-09-2020

Contract Period: Option 1 POP Begin: 11-09-2020

Contract Period: Option 1

Grape) Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 1 POP Begin: 11-09-2020

Contract Period: Option 2 POP Begin: 11-09-2021 POP End: 11-08-2022

Contract Period: Option 2 POP Begin: 11-09-2021

Gallon.

Contract Period: Option 2 POP Begin: 11-09-2021 container Contract Period: Option 2 POP Begin: 11-09-2021

Contract Period: Option 2 POP Begin: 11-09-2021

Contract Period: Option 2

Grape) Contract Period: Option 2

Contract Period: Option 2 POP Begin: 11-09-2021

Contract Period: Option 2

Contract Period: Option 2 POP Begin: 11-09-2021

Contract Period: Option 3 POP Begin: 11-09-2022 POP End: 11-08-2023

Contract Period: Option 3 POP Begin: 11-09-2022

Gallon.

Contract Period: Option 3 POP Begin: 11-09-2022 container Contract Period: Option 3 POP Begin: 11-09-2022

Contract Period: Option 3 POP Begin: 11-09-2022

Contract Period: Option 3

Grape) Contract Period: Option 3

Contract Period: Option 3 POP Begin: 11-09-2022

Contract Period: Option 4 POP Begin: 11-09-2023 POP End: 11-08-2024

Contract Period: Option 4 POP Begin: 11-09-2023

Gallon.

Contract Period: Option 4 POP Begin: 11-09-2023 container Contract Period: Option 4 POP Begin: 11-09-2023

Contract Period: Option 4 POP Begin: 11-09-2023

Contract Period: Option 4

Grape) Contract Period: Option 4

Contract Period: Option 4 POP Begin: 11-09-2023

Contract Period: Option 4

POP End: 11-08-2024

Contract Period: Option 4 POP Begin: 11-09-2023

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse San Antonio, TX 78229 4404

USA

26,000.00

MARK FOR: Mariana L. Dvoroznak

(210) 617-5300 15929 mary.dvoroznak@va.gov

INSTRUCTIONS: See SOW for Delivery

Instructions

0002 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

86,000.00

0003 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

190.00

0004 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

516.00

0005 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2,150.00

0006 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

2,580.00

0007 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1,720.00

0008 SHIP TO: OLIN E. TEAGUE VETERANS,

HCS

V. A. Medical Center 1901 S. 1st Street Temple, TX 76504 7451

1,050.00

MARK FOR: Kristi Santiago

(254) 743-0633 40633

KRISTI.SANTIAGO@VA.GOV

0009 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center PO 674A 1901 S. 1st Street

106,000.00

MARK FOR: KRISTI SANTIAGO

0010 SHIP TO: OLIN E. TEAGUE VETERANS,

HCS

V. A. Medical Center 1901 S. 1st Street

112,000.00

0011 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

35,000.00

0012 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

750.00

0013 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

100.00

KRISTI SANTIAGO

0014 SHIP TO: Warehouse Bldg 44 VA Medical Center VA NTX Healthcare System 4500 S Lancaster Rd Dallas, TX 75216

71,900.00

MARK FOR: Cynthia Freeman

(214) 857-0093 cynthia.freeman@va.gov

0015 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

53,700.00

0016 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

15,700.00

0017 SHIP TO: Sam Rayburn Memorial VC Bonham Nutrition and Food Service 1201 E, 9th Street Bonham, TX 75418 4059

70,500.00

0018 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

31,000.00

0019 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3,000.00

0020 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

576.00

0021 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

21,000.00

1001 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1002 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1003 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1004 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1005 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

1006 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1007 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

1008 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

1009 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center PO 674A 1901 S. 1st Street

1010 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

1011 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

1012 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

1013 SHIP TO: OLIN E. TEAGUE VETERANS,

HCS

V. A. Medical Center 1901 S. 1st Street

1014 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

1015 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

1016 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

1017 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

1018 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

1019 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

1020 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

1021 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

2001 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2002 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2003 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2004 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

2005 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2006 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2007 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

2008 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center

1901 S. 1st Street

2009 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center PO 674A 1901 S. 1st Street

2010 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

2011 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

2012 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

2013 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

2014 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

2015 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

2016 SHIP TO: Warehouse Bldg 44 VA Medical Center VA NTX Healthcare System 4500 S Lancaster Rd

2017 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

2018 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

2019 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

2020 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

2021 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3001 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3002 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3003 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3004 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3005 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3006 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

3007 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

3008 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

3009 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center PO 674A 1901 S. 1st Street

3010 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

3011 SHIP TO: OLIN E. TEAGUE VETERANS,

HCS

V. A. Medical Center 1901 S. 1st Street

3012 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

3013 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

3014 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

3015 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

3016 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

3017 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3018 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3019 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3020 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

3021 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

4001 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4002 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4003 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4004 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4005 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4006 SHIP TO: Audie L Murphy VA Hospital 7400 Merton Miner Blvd Supply Warehouse

4007 SHIP TO: Audie L Murphy VA Hospital

Supply Warehouse

4008 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

4009 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center PO 674A 1901 S. 1st Street

4010 SHIP TO: OLIN E. TEAGUE VETERANS,

HCS

V. A. Medical Center 1901 S. 1st Street

4011 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

4012 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

4013 SHIP TO: OLIN E. TEAGUE VETERANS,

V. A. Medical Center 1901 S. 1st Street

4014 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

4015 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

4016 SHIP TO: Warehouse Bldg 44

Healthcare System 4500 S Lancaster Rd

4017 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

4018 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

4019 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

4020 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

4021 SHIP TO: Sam Rayburn Memorial VC

Service 1201 E, 9th Street

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAY 2019)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 2018) (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 (Oct 2018) (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) 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)).

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

[] (ii) Alternate I (FEB 1999) of 52.222-26.

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

[] (ii) Alternate I (JULY 2014) of 52.222-35.

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

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (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 (JAN 2019) (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.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (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 (Oct 2018) (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)(13)).

[] (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.

[] (iii) Alternate II (FEB 2006) 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 (AUG 2018) (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) (AUG 2018) (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).

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

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(iv) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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