36C25724Q0056.docx

36C25724Q0056

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.

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

504-24-1-120-0001

10-18-2023 Maria Orosco-Hofmann 210-694-6375 10-26-2023

CDT

36C257

Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

X

311511

N/A

Amarillo Veterans Health Care System Amarillo VA Medical Center Attn: Nutrition & Food Service 6010 Amarillo Blvd. West Amarillo TX 79106-1991 36C257

Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

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

This requirement is being procured as a 100% set-aside for Small Business. See enclosed schedule of services and price.

Submit all questions to maria.hofmann@va.gov by 10/19/2023 1:00 PM

Submit all offers to maria.hofmann@va.gov by 10/26/2023 by 8:00 AM

See CONTINUATION Page

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 Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

PROJECT TITLE

Milk Delivery

PROJECT LOCATION

Amarillo VA Health Care System Nutrition and Food Service (120) 6010 West Amarillo Boulevard Amarillo, TX 79106-1990

PROJECT DESCRIPTION

The Amarillo Veterans Health Care System Provision and delivery of milk and dairy supplies to the Nutrition and Food Service (N&FS) and the Veterans Canteen Service (VCS).

SUMMARY OF WORK REQUIREMENTS

DELIVERY SCHEDULE

Deliveries shall be made to the Nutrition & Food Service walk-in cooler. Delivery person must be escorted by kitchen staff at all times, unless otherwise directed by the COR.

Amarillo VCS deliveries shall be to Room 2228.

Amarillo VA Health Care System N&FS and VCS

Delivery Schedule: Monday, Wednesday and Friday 6:00AM and 8:00AM No EXCEPTIONS

Delivery Location: Nutrition and Food Service Walk-In Cooler - 1st Floor Below Room 2000 Veterans Canteen Service - Room 2228

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.

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:

a. 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.

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

c. 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.

d. Sour cream must be delivered within 7 days after pasteurization.

REFRIGERATION, FROZEN PRODUCTS, AND DRY STORAGE REQUIREMENTS:

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

b. 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.

c. Carrier equipment for straight load of “Frozen” products will be pre-cooled to 10 degrees Fahrenheit, or lower before loading, and capable of maintaining 0 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 0 degrees Fahrenheit. Frozen products will be wrapped in polyurethane wrapping.

d. 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 three days a week (no exceptions). Specific quantities according to the set PAR level and delivery dates will be determined in accordance with the delivery schedule by the COR. Contractor will not substitute any items and will not increase or decrease quantities ordered without prior approval from the COR. Order numbers will be set by Par level in agreement between the COR and the vendor. Removal of outdated milk and credit for this milk to be provided by vendor each delivery day. Order can be placed by telephone, in writing or fax, or given to the Contractor personnel as mutually agreed upon between the COR 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: ___________________________________________________

Telephone Number: ____________________________________________

Fax Number: _________________________________________________

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

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 and to VCS separately. Proper invoices shall contain:

1) the contract number

2) Facility Name, facility address and COR 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.

For the N&FS: Payment will be made after receipt of proper invoice and delivery has been verified. Payment will be made on all invoices thirty (30) days in arrears by the 5th day of the next month.

For VCS: Proper invoices will 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.

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.

Option Years: Four (4)

Amarillo Contracting Officers Technical Representative (COR) Adebisi Z. Ibrahim (Zee) Nutrition and Food Services (120) Thomas E. Creek VA Health Care System 6010 West Amarillo Boulevard Amarillo, TX 79106-1990 Office phone: 806-355-9703 ext. 7383 Email: Adebisi.Ibrahim@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Nonfat Milk (Skim) - ½ Pint

Contract Period: Base POP Begin: 11-01-2023 POP End: 10-31-2024

PRINCIPAL NAICS CODE: 311511 - Fluid Milk Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

Lowfat Chocolate Milk - ½ Pint

POP Begin: 11-01-2023 POP End: 10-31-2024

Cottage Cheese - 5 LB

POP Begin: 11-01-2023 POP End: 10-31-2024

Sour Cream - 5 LB

POP Begin: 11-01-2023 POP End: 10-31-2024

Cottage Cheese - 24 OZ

POP Begin: 11-01-2023 POP End: 10-31-2024

Lowfat Milk 2% - ½ Pint

POP Begin: 11-01-2023 POP End: 10-31-2024

Lowfat Milk 2% - Gallon

POP Begin: 11-01-2023 POP End: 10-31-2024

Buttermilk - ½ Pint

POP Begin: 11-01-2023 POP End: 10-31-2024

Buttermilk - ½ Gallon

POP Begin: 11-01-2023 POP End: 10-31-2024

Nonfat Milk (Skim) - ½ Pint

Contract Period: Option 1 POP Begin: 11-01-2024 POP End: 10-31-2025

Lowfat Chocolate Milk - ½ Pint

POP Begin: 11-01-2024 POP End: 10-31-2025

Cottage Cheese - 5 LB

POP Begin: 11-01-2024 POP End: 10-31-2025

Sour Cream - 5 LB

POP Begin: 11-01-2024 POP End: 10-31-2025

Cottage Cheese - 24 OZ

POP Begin: 11-01-2024 POP End: 10-31-2025

Lowfat Milk 2% - ½ Pint

POP Begin: 11-01-2024 POP End: 10-31-2025

Lowfat Milk 2% - Gallon

POP Begin: 11-01-2024 POP End: 10-31-2025

Buttermilk - ½ Pint

POP Begin: 11-01-2024 POP End: 10-31-2025

Buttermilk - ½ Gallon

POP Begin: 11-01-2024 POP End: 10-31-2025

Nonfat Milk (Skim) - ½ Pint

Contract Period: Option 2 POP Begin: 11-01-2025 POP End: 10-31-2026

Lowfat Chocolate Milk - ½ Pint

POP Begin: 11-01-2025 POP End: 10-31-2026

Cottage Cheese - 5 LB

POP Begin: 11-01-2025 POP End: 10-31-2026

Sour Cream - 5 LB

POP Begin: 11-01-2025 POP End: 10-31-2026

Cottage Cheese - 24 OZ

POP Begin: 11-01-2025 POP End: 10-31-2026

Lowfat Milk 2% - ½ Pint

POP Begin: 11-01-2025 POP End: 10-31-2026

Lowfat Milk 2% - Gallon

POP Begin: 11-01-2025 POP End: 10-31-2026

Buttermilk - ½ Pint

POP Begin: 11-01-2025 POP End: 10-31-2026

Buttermilk - ½ Gallon

POP Begin: 11-01-2025 POP End: 10-31-2026

Nonfat Milk (Skim) - ½ Pint

Contract Period: Option 3 POP Begin: 11-01-2026 POP End: 10-31-2027

Lowfat Chocolate Milk - ½ Pint

POP Begin: 11-01-2026 POP End: 10-31-2027

Cottage Cheese - 5 LB

POP Begin: 11-01-2026 POP End: 10-31-2027

Sour Cream - 5 LB

POP Begin: 11-01-2026 POP End: 10-31-2027

Cottage Cheese - 24 OZ

POP Begin: 11-01-2026 POP End: 10-31-2027

Lowfat Milk 2% - ½ Pint

POP Begin: 11-01-2026 POP End: 10-31-2027

Lowfat Milk 2% - Gallon

POP Begin: 11-01-2026 POP End: 10-31-2027

Buttermilk - ½ Pint

POP Begin: 11-01-2026 POP End: 10-31-2027

Buttermilk - ½ Gallon

POP Begin: 11-01-2026 POP End: 10-31-2027

Nonfat Milk (Skim) - ½ Pint

Contract Period: Option 4 POP Begin: 11-01-2027 POP End: 10-31-2028

Lowfat Chocolate Milk - ½ Pint

POP Begin: 11-01-2027 POP End: 10-31-2028

Cottage Cheese - 5 LB

POP Begin: 11-01-2027 POP End: 10-31-2028

Sour Cream - 5 LB

POP Begin: 11-01-2027 POP End: 10-31-2028

Cottage Cheese - 24 OZ

POP Begin: 11-01-2027 POP End: 10-31-2028

Lowfat Milk 2% - ½ Pint

POP Begin: 11-01-2027 POP End: 10-31-2028

Lowfat Milk 2% - Gallon

POP Begin: 11-01-2027 POP End: 10-31-2028

Buttermilk - ½ Pint

POP Begin: 11-01-2027 POP End: 10-31-2028

Buttermilk - ½ Gallon

POP Begin: 11-02-2027 POP End: 10-31-2028

B.4 DELIVERY SCHEDULE

Attn: Nutrition & Food Service/Adebisi Z. Ibrahim 300 Veterans Blvd Amarillo, TX 79720 1991

USA

806-355-9703 x7383 Adebisi.Ibrahim@va.gov

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):

(End of Clause)

C.2 BPA ORDER RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's BPA (including any agreement modifications) apply to task or delivery orders issued under the Blanket Purchase Agreement (BPA), otherwise called the agreement, as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the Agreement. Any unique terms and conditions of an order issued under the agreement that are not already part of the agreement, will govern. In the event of an inconsistency between the terms and conditions of a BPA and task/delivery order terms, other than those identified above, the terms of the BPA will take precedence.

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(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 and Other Covered Entities (NOV 2021) (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) 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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (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) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved] [X] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

[] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(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.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(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.

[] (42)(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.

[] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (44)(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] (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (53) 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. Subtitle A, Part V, Subpart G Note).

[] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 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).

[] (4) 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).

[] (5) 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).

[] (6) 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).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 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).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vi) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(ix) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxi) 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. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.4 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 through 11/01/2023 through 10/31/2028 .

(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.5 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 $14,000.00;

(2) Any order for a combination of items in excess of $20,000.00; 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.6 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.7 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.8 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 15 days .

(End of Clause)

C.9 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 15 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 five (5) years.

(End of Clause)

C.10 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.11 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…