36C25724Q1031.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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

671-25-1-120-0002

36C25724Q1031 10-04-2024

Maria Orosco-Hofmann 210-694-6375 10-21-2024

10:00 CDT

36C257

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

X 100

X

311511

1150 Employees

N/A

X

36C671

South Texas Veterans Health Care System Audie L. Murphy 7400 Merton Minter Blvd.

San Antonio TX 78229-4401

36C257

Department Of Veterans Affairs Network Contracting Office 17

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

The Government intends to issue a Blanket Purchase Agreement (BPA) from this solicitation. See Scope of Work.

RFQ Questions Due 10/11/2024 @ 10:00 AM CDT

Offers Due 10/21/2024 @ 10:00 AM CDT

See CONTINUATION Page

X X X 1

36C25724Q1031

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

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 BPA ORDER RFQ INTRODUCTORY LANGUAGE

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

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

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 34

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 INSTRUCTIONS TO OFFEROR

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

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.

ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO

DATE

B.2 STATEMENT OF WORK

South Texas Veterans Health Care System Nutrition & Food Service

PROJECT TITLE

Milk Base Year Plus 4 Option Years

PROJECT DESCRIPTION

Milk and Dairy products needed for food production and meal service by Nutrition & Food Services (NFS) at the South Texas Veterans Health Care System.

The following products:

½ Pint Whole Milk ½ Pint 1% Low- Fat Milk, Gallon Whole Milk Plain With Added Vitamin A 5 LB Low Fat Small Curd Cottage Cheese Gallon Orange Drink Chilled Gallon Fruit Punch Drink Chilled ½ Pint Low-Fat Chocolate Milk Lactose Free Milk

PERIOD OF PERFORMANCE

Base Period 11/09/2024 - 11/08/2025 Option Year 1 11/09/2025 - 11/08/2026 Option Year 2 11/09/2026 - 11/08/2027 Option Year 3 11/09/2027 - 11/08/2028 Option Year 4 11/09/2028 - 11/08/2029

DELIVERY SCHEDULE

Delivery Location Audie L. Murphy Memorial VA Hospital Mr. Martin Calva (210) 617-5300 ext. 16715 or 15731 7400 Merton Minter Blvd--Nutrition & Food Service Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center Ms. Valerie Smith (830) 896-2020 ext. 12374 or 12232 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contractor is responsible for utilizing a refrigerated delivery vehicle of which can deliver product directly to NFS dock at the appropriate temperature. NFS may request a delivery to a different location on VA grounds as needed.

Delivery Hours Audie L. Murphy Memorial VA Hospital NFS prefers early morning Kerrville VA Medical Center prefers early morning deliveries. Dock open 07:30 am to 4:00 pm.

Delivery Frequency Audie L. Murphy Memorial VA Hospital N&FS Monday and Thursday

Kerrville VA Medical Center N&FS Tuesday and Friday

Federal Holidays Deliveries are expected on holidays unless other arrangements are made.

New Year’s Day January 1 Martin Luther King Day Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth Freedom Day June 19 Independence July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

Delivery Expectations Deliveries will be at or about the same time each day and within the established delivery hours.

If a delivery date falls on a federal holiday and the contractor isn’t operating, the contactor must establish an alternative delivery date and inform the VA of the new date(s) at least 2 weeks in advance.

Contractor will utilize clean durable and reusable storage racks/crates to deliver and store products in.

The delivery driver will remove all unused/empty storage racks/crates after every delivery.

Deliveries will not be stacked higher than 5 feet high.

When food items are missing from what was ordered or the use by dates on an item aren’t consistent with the contract, contractor will make a same day delivery by 4pm to correct errors in delivery. The second delivery will have a separate invoice.

Driver to issue credit at time of delivery when items are missing or short dated.

Driver will wait until food is inspected by Supervisor or designee before leaving premises.

Products will be delivered in clean and refrigerated vehicle.

FOOD SAFETY STANDFARDS AND GUIDELINES

All current USDA standards and guidelines must be met throughout the entire production, packaging, labeling and delivery process. Warehouse inspections by qualified third party, FDA or USDA should be available for review by contract representative and NFS COR. All items must be labeled with shelf life or expiration date. Items not properly labeled will be returned.

QUALITY

N&FS reserves the right to return products in the original packaging for full credit if they have visibly signs of poor quality within 24 hours after delivery.

Products delivered will have a minimum shelf life of 5 days.

FOOD RECALLS

The contractor is responsible for immediately notifying NFS via phone and email of any food recalls related to items delivered to the VA from the contractor.

ORDERS

Authorized personnel from NFS will enter milk/dairy orders on contractor’s online website by 4:00 pm the day before the items are needed. In the event an online order cannot be made due to technical difficulties, NFS may place orders via email or phone.

Orders are based on facility needs and amounts will increase or decrease in conjunction with demand. Demand is based on veteran nutritional needs/preferences and satisfaction, patient bed count and menu changes of which can vary from month to month.

There will be no minimum order restrictions for delivery.

FAILURE TO DELIVER

If the contractor fails to deliver the requested item(s) or acceptable substitute, or to deliver during the required time period, the Government may purchase the item from other source(s). The contractor will be held liable for any additional costs associated with procuring item(s) from non-contract sources.

INVOICES

The Contractor shall submit proper invoices (which can be done electronically) weekly to N&FS. Proper invoices shall contain:

a. The contract and obligation numbers.

b. Description of services performed.

c. Facility Name, facility address, and COR name.

d. Assigned purchase order/obligation.

e. Period of Performance and any additional details necessary to identify service rendered.

f. Itemized list of products and quantities delivered.

PAYMENT

No advance payments will be authorized.

PAYMENT OF INVOICES MAY BE DELAYED IF INVOICES ARE NOT COMPLETED

PROPERLY.

SECURITY REQUIREMENTS

Prior to starting work, Contractor shall acquire the currently approved access pass (source of information for most current access pass is from the VA Police).

The Contractor’s employees shall wear visible identification and company uniforms, approved by the COR, at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section or the COR. The VAMC will not invalidate or make reimbursement for any parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to a search. Violations of VA regulations may result in citations answerable in the United States (Federal) District court, not a local district, state, or municipal court.

PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from the Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the Government. The Contractor shall be responsible to meet OSHA/Safety requirements in the performance of the work. This shall include, but not limited to, taking all the necessary precautions to protect the patients, visitors, and/or staff at each location. The Contractor shall be held responsible for any injuries and /or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

INFORMATION SYSTEMS OFFICER, INFORMATION PROTECTION

The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services in the application of complex adaptive system theory to health care organizations. The certification and accreditation requirements do not apply to this procurement nor is a security accreditation package required.

PRIVACY OFFICER

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

RECORDS MANAGER

There will be no federal records created, maintained, used or disposition with this contract;

regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

SECURITY REQUIREMENTS

The Contractor’s employees shall wear visible identification and company uniforms, approved by the COR, at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section or the COR. The VAMC will not invalidate or make reimbursement for any parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to a search. Violations of VA regulations may result in citations answerable in the United States (Federal) District court, not a local district, state, or municipal court.

PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from the Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the Government. The Contractor shall be responsible to meet OSHA/Safety requirements in the performance of the work. This shall include, but not limited to, taking all the necessary precautions to protect the patients, visitors, and/or staff at each location. The Contractor shall be held responsible for any injuries and /or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

LICENSE REQUIREMENTS

Must have necessary licensing Requirements for Milk and Dairy as outlined in Texas Health and Human Services.

As a Milk and Dairy unit, you must have a valid license to operate in the State of Texas. To become licensed, please submit a new application (milk/forms.aspx), including all fees, to the Texas Department of State Health Services (DSHS).

Operating in Texas without a license is a prohibited act under Texas law punishable by a penalty up to $25,000 per day, per violation, or referral to the Attorney General for injunctive relief to prohibit operating without a license, civil penalties, attorney fees and costs.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

29,900 PT __________________ __________________

Milk, Whole, 1/2 Pint

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base POP Begin: 11-09-2024 POP End: 11-08-2025

116,600 PT __________________ __________________

Milk, Low Fat 1%, 1/2 Pint

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base

1,600 GL __________________ __________________

Milk, Whole, Plain with Added Vitamin A, Gallon

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center

6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base POP Begin: 11-09-2024

400 LB __________________ __________________

Cottage Cheese, Low Fat, Small Curd, 5LB Container

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base

208 GL __________________ __________________

Drink, Orange, Chilled - Gallon

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base

452 GL __________________ __________________

Drink, Fruit, Punch, Chilled, Gallon

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base POP Begin: 11-09-2024

17,700 PT __________________ __________________

Chocolate Low Fat 1%, 1/2 Pint

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base

567 PT __________________ __________________

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Base

29,9000 PT __________________ __________________

Delivery Locations:

Audie L. Murphy Memorial VA Hospital

6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1 POP Begin: 11-09-2025 POP End: 11-08-2026

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1 POP Begin: 11-09-2025

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001

San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1 POP Begin: 11-09-2025

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1 POP Begin: 11-09-2025

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 1

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2 POP Begin: 11-09-2026 POP End: 11-08-2027

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2 POP Begin: 11-09-2026

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Drink, Orange, Chilled - Gallon

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard—NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 2

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd--N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3 POP Begin: 11-09-2027 POP End: 11-08-2028

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3

POP Begin: 11-09-2027

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center

Contract Period: Option 3 POP Begin: 11-09-2027

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 3

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center

Contract Period: Option 4 POP Begin: 11-09-2028 POP End: 11-08-2029

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center

Contract Period: Option 4

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001

6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4 POP Begin: 11-09-2028

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4

Delivery Locations:

Audie L. Murphy Memorial VA Hospital

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4 POP Begin: 11-09-2028

Delivery Locations:

Audie L. Murphy Memorial VA Hospital 7400 Merton Minter Blvd-N&FS Dock, Room H001 San Antonio, TX 78229

Kerrville VA Medical Center 6500 Memorial Boulevard-NFS Dock, Room 348 Kerrville, TX 78028

Contract Period: Option 4

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 –

1001 -

2002 –

SHIP TO: South Texas Veterans Health Care System (STVHCS) 7400 Merton Minter Blvd Deliver To: Kitchen | Ground Level Room H001 San Antonio, TX 78229

USA

Kerrville VA Medical Center 6500 Memorial Blvd Deliver to: N&FS Dock, Room Kerrville, TX

ALL 11/09/2024 –

11/08/2029

3001 –

4001 –

MARK FOR: Martin Calva

(210) 617-5300 x16715/15731 martin.calva@va.gov

Valerie Smith

(830) 896-2020 X12374 or 12232 valerie.smith1@va.gov mailto:martin.calva@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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

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 (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

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

[] (16) 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).

[] (17) [Reserved]

[X] (18)(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.

[] (19)(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.

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219–9.

[] (22)(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.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[] (27) 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)).

[] (28) 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)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[] (35)(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] (36)(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.

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

[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(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).

[] (40) 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.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

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

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

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

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (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 (FEB 2024) of 52.225-3.

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

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[] (51) 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).

[] (52) 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).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513)

[] (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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (FEB 2024) (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.

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

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

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

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

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

(xiv) 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.

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

(xvi)(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).

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 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.

(xxvi) 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 11/09/204 through 11/08/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.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 $65,000.00 ;

(2) Any order for a combination of items in excess of $125,000.00; or

(3) A series of orders from the same ordering office within 3 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.