36C25727Q0072.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

674-27-1-120-0006

36C25727Q0072 10-30-2026

Maria Orosco-Hofmann 210-694-6375 11-13-2026

10:00 CST

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X 100

X

311812

1000 Employees

N/A

X

36C674

Department of Veterans Affairs

Central TX Veterans Health Care System

Attn: Nutrition & Food Service

1901 Veterans Memorial Dr.

Temple TX 76504-7451

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

CTVHCS Bread Delivery

Questions due by Tuesday, November 4, 2026 by 10:00 AM CST via email to Maria Orosco-Hofmann | maria.hofmann@va.gov

Quotes due by Tuesday, November 13, 2026 by 10:00 AM CST

See Addendum to FAR 52.212-1 on pages 53 - 54

See CONTINUATION Page

X X

X 1

36C25727Q0064

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 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...32

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.14 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.3 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.4 BASIS FOR AWARD

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

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:

Maria Orosco-Hofmann

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

STATEMENT OF WORK

A. Project Title Bread Delivery

B. Project Location

Central Texas Veterans Healthcare System Central Texas Veterans Healthcare System Olin E. Teague VA Medical Center Doris Miller VA Medical Center 1901 Veteran Memorial Dr. 4800 Memorial Dr.

Temple, TX 76504-7451 Waco, TX 76711-1329

C. Project Description

The Central Texas Veterans Health Care System (CTVHCS) requires the provision and delivery of bread products to the Nutrition and Food Services (N&FS) departments at the Temple and Waco VA campuses.

CTVHCS's N&FS departments prepare and serve meals to inpatients and outpatients at both the Temple and Waco VA campuses on a daily basis. Bread and bread-type products

(sandwich bread, hamburger and hot dog rolls, cinnamon swirl bread, and related items) are a recurring, high-volume component of these meals and must be delivered fresh and on a consistent weekly schedule to avoid disruption to meal preparation.

Period of Performance

Base 12/01/2026 - 11/30/2027

Option Year 1 12/01/2027 - 11/30/2028

Option Year 2 12/01/2028 - 11/30/2029

Option Year 1 12/01/2029 - 11/30/2030

Option Year 1 12/01/2030 - 11/30/2031

Point of Contact Khara Campbell Administrative Officer | (254) 778-0638 Richard Gaughan Supervisory Food Service Specialist | (254) 778-3464

D. Delivery Schedule

The Contractor shall make deliveries to the N&FS walk-in cooler. VA N&FS staff from the kitchen receiving area must escort the delivery person, unless otherwise directed by facility's Contracting Officer's Representative (COR). This requirement applies including on federal holidays.

Central Texas Veterans Healthcare System Central Texas Veterans Healthcare System Olin E. Teague VA Medical Center Doris Miller VA Medical Center 1901 Veteran Memorial Dr. 4800 Memorial Dr.

Temple, TX 76504-7451 Waco, TX 76711-1329

E. Delivered Goods

The Contractor shall deliver bread orders a minimum of one day per week to both the Temple and Waco N&FS walk-in coolers. VA N&FS staff from the kitchen receiving area must escort the delivery person and obtain a signature from the VA N&FS staff receiving staff.

The Government reserves the right to inspect delivered goods for compliance with specifications, including but not limited to correct products, quantities, proper packing, and damaged goods. Any determined unacceptable items will be refused with full credit/replacement due at the discretion of the Government.

Freshness Requirement for Bread Products Bread products shall have a sufficient remaining shelf life of no less than seven (7) calendar days from delivery.

Base

Bread Products Unit Temple Waco Totals

White Sandwich Loaf Loaf 1,450 325 1,775

Whole Wheat Sandwich Loaf Loaf 1,800 1,250 3,050

White Hamburger Buns Package 900 375 1,275

White Hot Dog Buns Package 40 25 65

Sliced Cinnamon Swirl Loaf 475 350 825

Hoagie Rolls Package 400 200 600

Texas Toast Loaf 200 200 400

Option Year 1

Bread Products Unit Temple Waco Totals

White Sandwich Loaf Loaf 1,479 332 1,811

Whole Wheat Sandwich Loaf Loaf 1,836 1,275 3,111325

White Hamburger Buns Package 918 383 1,301

White Hot Dog Buns Package 41 25 66

Sliced Cinnamon Swirl Loaf 485 357 842

Hoagie Rolls Package 408 204 612

Texas Toast Loaf 204 204 408

Option Year 2

Bread Products Unit Temple Waco Totals

White Sandwich Loaf Loaf 1,509 338 1,847

Whole Wheat Sandwich Loaf Loaf 1,873 1,300 3,137

White Hamburger Buns Package 937 390 1,327

White Hot Dog Buns Package 42 26 68

Sliced Cinnamon Swirl Loaf 494 364 858

Hoagie Rolls Package 416 208 624

Texas Toast Loaf 208 208 416

Option Year 3

White Sandwich Loaf Loaf 1,539 345 1,884

Whole Wheat Sandwich Loaf Loaf 1,910 1,327 3,237

White Hamburger Buns Package 955 398 1,353

White Hot Dog Buns Package 42 27 69

Sliced Cinnamon Swirl Loaf 504 371 875

Hoagie Rolls Package 425 212 637

Texas Toast Loaf 212 212 424

Option Year 4

White Sandwich Loaf Loaf 1,569 352 1,921

Whole Wheat Sandwich Loaf Loaf 1,948 1,353 3,301

White Hamburger Buns Package 974 406 1,380

White Hot Dog Buns Package 43 27 70

Sliced Cinnamon Swirl Loaf 514 379 893

Hoagie Rolls Package 433 216 649

Texas Toast Loaf 217 216 433

F. Orders

All orders will be placed on an as needed basis for delivery one day a week (no exceptions).

Specific quantities and delivery dates will be determined in accordance with the delivery schedule by the COR. The Contractor shall not substitute any items and shall not increase or decrease quantities ordered without prior approval from the COR. Order numbers will be provided by the facility at the time the order is placed. Orders may be placed by telephone, in writing, by fax, or given to Contractor personnel as mutually agreed upon by COR and the Contractor.

Name: _______________________________________________________

Address: _____________________________________________________

Telephone Number: _____________________________________________

Fax Number: ___________________________________________________

The Contractor shall provide the Government with the name, location, and telephone number of the office where orders may be placed by phone, to be included in the Contractor's quote/proposal or provided within 5 business days of award.

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

Contract Number and Purchase order number Date and Time of Order Placement Name of Contractor's Ordering Clerk

G. 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 (no less than 5 calendar days), 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.

H. Procurement From Another Source: The Contracting Officer will make every effort to ensure that substitutions offered are given fair and reasonable consideration and that procurement from an alternate source is made only if necessary. If procurement from an alternate source is required due to the Contractor's fault; the Contractor shall be responsible for any price difference and any other additional charges.

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

J. Contractor Delivery Personnel

All Contractor personnel shall wear distinctive clothing bearing the name of the Contractor, and badges bearing the Contractor's name, employee picture, and the employee's name in English, and shall use proper hair restraints.

K. Invoices The Contractor shall submit proper invoices (which may be done electronically) weekly to NFS. Proper invoices shall contain:

Contract Number(s) Facility Name, Facility Address and COR Name Purchase Order/Obligation Number Period of Performance and Any Additional Details to Identify Service Rendered Itemized List of Products and Quantities Delivered

No advance payments will be authorized.

PAYMENT OF INVOICE MAY BE DELAYED IF INVOICES ARE NOT COMPLETED

PROPERLY.

L. 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.

M. Government Responsibilities

The Government reserves the right to inspect delivered goods for compliance with specifications, including but not limited to correct products, quantities, proper packing, and damaged goods. Any determined unacceptable items will be refused with full credit/replacement due at the discretion of the Government.

N. Contractor Requirements

The Contractor shall deliver to the Temple N&FS kitchen and the Waco N&FS kitchen one day per week by 11:00 AM on a day to be mutually agreed upon between the Contractor and the COR for each location. Replacement of rejected products shall be delivered the same day no later than 3:00 PM, unless otherwise specified by the 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.

All packaging and packaging shall be in accordance with good commercial practice.

Labeling shall be in accordance with commercial labeling, complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

All items must be identified with readable dates (open code dates) or coded dates.

Contractors who do not use open dating shall 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 shall be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

The Contractor shall notify the Government of product availability issues, either temporary or permanent, no less than 5 calendar days in advance.

The Contractor shall permit the Government the right and opportunity to enter delivery vehicles as well as warehouse facilities to ensure compliance of sanitation conditions, proper refrigeration, and proper cargo area temperature. Such inspections shall be made on a random basis.

Contractor personnel shall wear distinctive clothing bearing the name of the Contractor, and badges bearing the Contractor's name, employee picture, and the employee's name in English, and shall use proper hair/beard restraints.

The Contractor will provide invoices weekly to N&FS. Invoices shall contain:

Contract Number Facility Name and Address Purchase Order Number/Obligation Number

Period of Performance and Any Other Pertinent Details to Identify Service Rendered Itemized List of Products and Quantities Delivered

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,450 EA __________________ __________________

Temple - Bread, Sandwich, White Enriched Pan Baked Fresh Type 1, 24 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2029

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1,800 EA __________________ __________________

Temple - Bread, 100% Whole Wheat or Whole Grain Baked Round Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

900 EA __________________ __________________

Temple - Buns, Hamburger 4 inch 12/Pkg, White Enriched, Soft, Pan Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

40 EA __________________ __________________

Temple - Buns, Hot Dog, Regular 12/Pkg. White Soft Pan Baked, Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2028

400 EA __________________ __________________

Temple - Rolls, Hoagie, Soft Sliced, 6 Rolls Per Package, 15 oz Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

200 EA __________________ __________________

Temple - Bread, Texas Toast White, Sliced, 24 oz. Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

325 EA __________________ __________________

Waco - Bread, Sandwich, White Enriched Pan Baked Fresh Type 1, 24 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base

POP Begin: 12-01-2026 POP End: 11-30-2027

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

1,250 EA __________________ __________________

Waco - Bread, 100% Whole Wheat or Whole Grain Baked Round Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

375 EA __________________ __________________

Waco - Buns, Hamburger 4 inch 12/Pkg, White Enriched, Soft, Pan Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

25 EA __________________ __________________

Waco - Buns, Hot Dog, Regular 12/Pkg. White Soft Pan Baked, Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2028

350 EA __________________ __________________

Waco - Bread, Cinnamon Swirl, Soft, Sliced, Pan Baked, 12 Slices Per 1 Lb. Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

Waco - Rolls, Hoagie, Soft Sliced, 6 Rolls Per Package, 15 oz Package

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

Waco - Bread, Texas Toast White, Sliced, 24 oz. Package

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027

1,479 EA __________________ __________________

1, 24 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

1,836.00 EA __________________ __________________

Temple - Bread, 100% Whole Wheat or Whole Grain Baked Round Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

918 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

41 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

485 EA __________________ __________________

Temple - Bread, Cinnamon Swirl, Soft, Sliced, Pan Baked, 12 Slices

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

408 EA __________________ __________________

Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

204 EA __________________ __________________

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Base POP Begin: 12-01-2027 POP End: 11-30-2028

332 EA __________________ __________________

24 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

1,836 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

383 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

25 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

357 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

Temple - Rolls, Hoagie, Soft Sliced, 6 Rolls Per Package, 15 oz Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Base POP Begin: 12-01-2027 POP End: 11-30-2028

1,509 EA __________________ __________________

1, 24 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

1,300 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

937 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

42 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2028 POP End: 11-30-2029

494 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

416 EA __________________ __________________

Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 1 POP Begin: 12-01-2028 POP End: 11-30-2029

338 EA __________________ __________________

24 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

1,3000 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

390 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120)

Waco, TX 76711

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

1,539 EA __________________ __________________

1, 24 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

1,910 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

955 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

42 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

504 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

425 EA __________________ __________________

Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

212 EA __________________ __________________

Nutrition & Food Service (120) 1901 Veterans Memorial Drive

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

345 EA __________________ __________________

24 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

1,327 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

398 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

27 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

371 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

Package

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030

1,569 EA __________________ __________________

1, 24 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

1,948 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

974 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

43 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive

Contract Period: Option 4

POP Begin: 12-01-2030 POP End: 11-30-2031

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

514.00 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

433 EA __________________ __________________

Package

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

217 EA __________________ __________________

Nutrition & Food Service (120) 1901 Veterans Memorial Drive Temple, TX 76502

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

352 EA __________________ __________________

24 oz Loaf.

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

PRINCIPAL NAICS CODE: 311812 - Commercial Bakeries

1,353 EA __________________ __________________

Top Sandwich, Fresh Type II Dietary Fiber Content of 2 Grams Per Slice, Minimum 20 oz Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

406 EA __________________ __________________

Baked, Type III, Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

27 EA __________________ __________________

Finger Type II, Fresh Sliced. Weight Per Bun Not To Exceed 2 oz.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

379 EA __________________ __________________

Per 1 Lb. Loaf.

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

216 EA __________________ __________________

Package

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

216 EA __________________ __________________

Nutrition & Food Service (120) 4800 Memorial Drive, Bldg. 202 Waco, TX 76711

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 -

SHIP TO: Central Texas Veterans Health Care System Nutrition and Food Service | Khara Campbell 1901 S. Veterans Memorial Dr.

Temple, TX 76504 7451

USA

ALL 12/01/2026 -

11/30/2027

MARK FOR: Khara Campbell

(254) 743-0638 khara.campbell@va.gov

1001 -

SHIP TO: Central Texas Veterans Health Care System Nutrition and Food Service | Khara Campbell 1901 S. Veterans Memorial Dr.

Temple, TX 76504 7451

USA

ALL 12/01/2027 -

11/30/2028

MARK FOR: Khara Campbell

2001 -

SHIP TO: Central Texas Veterans Health Care System Nutrition and Food Service | Khara Campbell 1901 S. Veterans Memorial Dr.

Temple, TX 76504 7451

USA

ALL 12/01/2028 -

11/30/2029

MARK FOR: Khara Campbell

4001 -

SHIP TO: Central Texas Veterans Health Care System Nutrition and Food Service | Khara Campbell 1901 S. Veterans Memorial Dr.

Temple, TX 76504 7451

USA

ALL 12/01/2030 -

11/30/2031 mailto:khara.campbell@va.gov mailto:khara.campbell@va.gov mailto:khara.campbell@va.gov

MARK FOR: Khara Campbell

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)

OCT 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

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

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

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10.00, 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 $28,000.00;

(2) Any order for a combination of items in excess of $28,000.00; or

(3) A series of orders from the same ordering office within 30 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 10 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(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 ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after

11/30/31.

(End of Clause)

C.5 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.6 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

https://www.sam.gov

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware,…