36C26124Q0063_1.docx

DOCX document 137 KB Posted Dec 4, 2023

Attached to: 8920--NEW - B+4 OYs Nutrition and Food Services (Bread)
Solicitation number: 36C26124Q0063
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21

About this file

Written by GovTribe AI · Dec 21, 2023

This solicitation is for a single award IDIQ contract for bread products for the Nutrition and Food Services department at the VA San Francisco Healthcare System. The contract would include a one year base period and four one-year option periods. Bread products must meet specified nutrition criteria and be delivered a minimum of twice per week. The solicitation was issued by the VA Central California Health Care System Network Contracting Office on behalf of the VA Sierra Pacific Network and responses are due by December 15, 2022. Evaluation factors include price/cost and past performance. The awardee will provide bread products to support meal services for Veteran patients at the VA San Francisco campus.

View the file

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

36C26124Q0063

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

36C26124Q0063 -2023 Mat Czeshinski 559-241-6433 12- -2023 15:00

EST

Department of Veterans Affairs Network Contracting Office (NCO 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X 311999 700 Employees N/A X Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA San Francisco Healthcare System San Francisco CA 94121 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page This solicitation is a brand name or equal unrestricted RFQ for bread products for the VA San Francisco Healthcare System for a five year single award IDIQ. Respondents shall complete the Price/Cost schedule in section B.

Respondents shall review the Statement of Work, and the RFQ instructions in Section E. Responses are due no later than the date and time indicated in box 8. Questions regarding the solicitation may be submitted no later than 72 hours prior to the date and time indicated in box 8.

Contracting POC: Mathew.Czeshinski@va.gov Estimated Ordering Periods:

Ordering Period 1: 01/01/2024- 12/31/2024 Ordering Period 2: 01/01/2025- 12/31/2025 Ordering Period 3: 01/01/2026- 12/31/2026 Ordering Period 4: 01/01/2027- 12/31/2027 Ordering Period 5: 01/01/2028- 12/31/2028 See CONTINUATION Page X Maxwell Derck Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS	3
B.1 CONTRACT ADMINISTRATION DATA	3
B.2 PRICE/COST SCHEDULE	8
ITEM INFORMATION	8
B.3 DELIVERY SCHEDULE	22
SECTION C - CONTRACT CLAUSES	24
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)	24
C.2 52.216-18 ORDERING (AUG 2020)	30
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)	30
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)	31
C.5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)	31
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)	32
C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)	32
C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)	32
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)	33
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)	34
C.11 VAAR 852.246-71 REJECTED GOODS (OCT 2018)	34
C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)	34
C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)	35
C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)	35
C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)	35
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS	44
SECTION E - SOLICITATION PROVISIONS	45
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)	45
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)	50
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)	53
E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)	53
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)	54
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)	55
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)	57

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 36C261 Maxwell Derck Department of Veterans Affairs Network Contracting Office (NCO 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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] Upon delivery and Government acceptance

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

Statement of Work

Project: Contract (One base year with four option years) for bread products, at San Francisco VA Healthcare System - Nutrition and Food Services

Overview: Nutrition and Food Services within the San Francisco VA Health Care System provides meals to Veteran inpatients in the Acute Care, Community Living Center and various other units throughout the San Francisco campus. A variety of bread products are a regular component of a patient meal. This food is an essential component of the Veteran patient’s nutritional intake and support Veteran centric meal services. A contract, will allow Nutrition and Food Services to provide a variety of bread products and which are fresh and baked locally and for which, may not be available from the national subsistence prime vendor.

Objective: Establish an IDIQ contract for bread products, for VA Healthcare Systems Nutrition and Food Services

1) Product Specifications:

a) Contractor will provide delivery of prepared bread product. Items will be delivered a minimum of twice per week with 2-3 days between each delivery.

b) All food items will be prepared in a facility that is compliant with all USDA regulations, standards, and guidelines.

c) A variety of bread items will be available and must meet the nutrient ranges noted below:

Bread Type Per Serving

Calories

Fat

Sodium

Carb

Protein

Bagel Wheat

>200

< 3 grams

<400 mg

<55 grams

>10 grams

French parbaked (unsliced)

>100

<2 grams

<300 mg

<30 grams

>3 grams

Hoggy roll white (6” sliced)

>350

<8 grams

<750 mg

<75 grams

>10 grams

Whole Wheat Dinner Roll (1.25 oz)

>100

<4 grams

<250 mg

<30 grams

>3 grams

White Dinner Roll

>100

<4 grams

<250 mg

<25 grams

>3 grams

Raisin Whole Wheat Bread (Sliced)

>150

< 4 grams

<250 mg

<40 grams

>4 grams

Wheat Berry Whole Grain Bread (Wide pan sliced)

>100

<3 grams

<200 mg

<25 grams

>2 grams

White Load Bread (Sliced)

>50

<3 grams

<150 mg

<15 grams

>1 gram

Whole Wheat Bread (Sliced)

>50

<3 grams

<150 mg

<15 grams

>1 gram

Texas Toast (Sliced)

>100

<3 grams

<250 mg

<25 grams

>3 grams

English Muffin Plain (Sliced)

>125

<4 grams

<250 mg

<30 grams

>4 grams

Hamburger Bun

d) Full ingredient list and nutritional analysis will be made available for all items provided under the contract.

e) Production of food shall not precede delivery by more than twenty-four (24) hours. Bread shall be packaged in accordance with the commercial practice. Bread shall not have been frozen prior to arrival. The package shall afford adequate protection against deterioration and physical damage during transit from the supply source to the medical center.

f) All items shall be delivered to the requested destinations as listed in the schedule. All bread items furnished under this contract shall be fresh and of the highest quality.

g) All products furnished under this contract shall be processed and packed under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth or contamination.

h) Each bread type will be wrapped in packages of agreed upon quantity, marked with the type of bread, ingredients and Use By Date.

2) Ordering and deliveries of Bread Items:

a) Orders shall be placed no less than 1 workday prior to the required delivery date.

b) Orders may be issued orally (by phone) or by agreed upon electronic commerce methods.

c) Items will be delivered a minimum of twice per week, during regular business hours. Specific days will be determined during contract negotiations.

d) Deliveries will be made between the hours of 6am-2pm on established delivery days. Contractor making delivery will check in with designated nutrition and food services staff on duty.

e) Should a federal holiday occur on the scheduled delivery day, the contractor shall provide delivery on the weekday preceding the holiday or Monday holiday, delivery will be on Tuesday, Friday holiday, delivery will be on Thursday.

f) Exact building and room numbers for delivery location will be provided at time of award.

g) If the contractor delivers an item(s) to the wrong location and the item(s) are not recovered at its original location, the contractor is responsible for its replacement by the next workday

h) All food items delivered shall be properly packaged to maintain freshness and dated with a use by date.

i) Contractor-owned delivery trays/racks and wheeled carts, etc. shall be in clean condition at delivery time; if they are not, contract personnel will be required to transfer the food item delivery to government owned holding racks. Contract-owned trays/racks, wheeled carts utilized in the delivery will be held by the government for pickup and re-use by the contractor.

j) All deliveries shall be accompanied by a packers list, shipping ticket or invoice with the purchase order number. This document will include the quantity of each product code/name of sandwich delivered.

k) All items may be purchased by each item. It is not required to purchase by the flat.

l) The Government does not guarantee the estimated yearly quantity.

3) Invoicing and Payments

a) Billings shall be identified with proper delivery order number and shall reflect all deliveries made against the delivery order. End of the month deliveries shall not be billed against the following month delivery order.

4) General Guidelines

a) A meeting with a quoter may be required to provide samples and nutritional analysis. If an item is found to be unacceptable, it may be dropped from consideration.

b) Please see solicitation instructions for evaluation procedures.

c) All product furnished under the awarded contract shall be processed at plants that have been inspected by the city, county, state, or Federal Government. Approved inspection reports of another VA Facility or other Government agency will be accepted as satisfactory evidence that the facilities/plants meet these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period. The Contracting Officer or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment, and processes of the offeror prior to making award and conditions found will be considered in awarding the contract. Inspection(s) may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the products covered by this contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractor’s account.

d) Post Award Evaluation of contract. The contractor will be evaluated on the following criteria:

i) Ongoing quality/consistency of product.

ii) Delivery packaging and individual item packaging/labeling.

iii) Production facility inspections

iv) Timeliness of invoice submission to VA System

v) Delivery timeliness

e) In the case of an emergency that affects the San Francisco Bay Area, the contractor will give San Francisco VA Medical Center priority service. Contractor shall provide a 24-hour emergency telephone number where orders for immediate delivery will be processed.

f) Offerors may propose alternate items, packaging or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate items will be made against a common denominator (i.e., weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications.

g) The contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments to issue changes which will affect the price, quantity and quality or delivery of this contract.

VA MEDICAL CENTER, SAN FRANCISCO, CALIFORNIA

Delivery Location:

DELIVER TO:

SAN FRANCISCO VA MEDICAL CENTER

4150 Clement St.

San Francisco, CA, 94121 Building 203, BB10 – Main Hospital Kitchen (Dietary) Loading Dock

Delivery Times:

HOSPITAL

Between 6am-2pm

Deliver two (2) days per week with 2-3 days between each delivery.

Weekly Estimates:

1. Bagel wheat - sliced - 4 doz per week

1. French parbaked (unsliced)- 12 sticks per week

1. Hoggy roll white (6” sliced)- 8 doz every 3 weeks

1. Wheat dinner roll (1.25oz)- 35 doz a week

1. White dinner rolls - 15 doz a week

1. Raisin whole wheat (sliced) - 5 loaves a week

1. Wheat Berry whole grain (wide pan sliced)- 8 loaves a week

1. White Loaf (26 slices) - 25 loaves a week

1. Whole wheat loaf (sliced)- 35 loaves a week

1. Texas toast (sliced)5 loaves a week – 5 Loaves a week

1. English muffin plain (sliced) - 10 doz a week

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

1.00

__________________

Bread FY24: Request for local bread contract to supply various bread products for pt. meals. ESTIMATED (ORDERING PERIOD 1). The total contract across all periods shall have a minimum guarantee of $250.00 and maximum order $400,000.00.

Contract Period:

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

MANUFACTURER PART NUMBER (MPN): N/A

Please Provide OEM:______________________

0001AA

448.00

__________________

Bagel Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AB

624.00

__________________

French Parbaked

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AC

416.00

__________________

Hoggy Roll White

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AD

1,820.00

__________________

Wheat Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AE

780.00

__________________

White Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AF

260.00

__________________

Raisin Whole Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AG

416.00

__________________

Wheat Berry Whole Grain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AH

3,900.00

__________________

White Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AI

5,460.00

__________________

Whole Wheat Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AJ

260.00

__________________

Texas Toast

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AK

1,040.00

__________________

English Muffin Plain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

0001AL

520.00

__________________

Small Hamburger Bun

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1.00

__________________

Bread FY25: Request for local bread contract to supply various bread products for pt. meals. Estimated (ORDERING PERIOD 2)

POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AA

448.00

__________________

Bagel Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AB

624.00

__________________

French Parbaked

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AC

416.00

__________________

Hoggy Roll White

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AD

1,820.00

__________________

Wheat Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AE

780.00

__________________

White Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AF

260.00

__________________

Raisin Whole Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AG

416.00

__________________

Wheat Berry Whole Grain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AH

3,900.00

__________________

White Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AI

5,460.00

__________________

Whole Wheat Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AJ

260.00

__________________

Texas Toast

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AK

1,040.00

__________________

English Muffin Plain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1001AL

520.00

__________________

Small Hamburger Bun

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1.00

__________________

Bread FY26: Request for local bread contract to supply various bread products for pt. meals. Estimated (ORDERING PERIOD 3)

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AA

448.00

__________________

Bagel Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AB

624.00

__________________

French Parbaked

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AC

416.00

__________________

Hoggy Roll White

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AD

1,820.00

__________________

Wheat Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AE

780.00

__________________

White Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AF

260.00

__________________

Raisin Whole Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AG

416.00

__________________

Wheat Berry Whole Grain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AH

3,900.00

__________________

White Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AI

5,460.00

__________________

Whole Wheat Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AJ

260.00

__________________

Texas Toast

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AK

1,040.00

__________________

English Muffin Plain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

2001AL

520.00

__________________

Small Hamburger Bun

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1.00

__________________

Bread FY27: Request for local bread contract to supply various bread products for pt. meals. (ORDERING PERIOD 4)

POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AA

448.00

__________________

Bagel Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AB

624.00

__________________

French Parbaked

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AC

416.00

__________________

Hoggy Roll White

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AD

1,820.00

__________________

Wheat Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AE

780.00

__________________

White Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AF

260.00

__________________

Raisin Whole Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AG

416.00

__________________

Wheat Berry Whole Grain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AH

3,900.00

__________________

White Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AI

5,460.00

__________________

Whole Wheat Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AJ

260.00

__________________

Texas Toast

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AK

1,040.00

__________________

English Muffin Plain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

3001AL

520.00

__________________

Small Hamburger Bun

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

1.00

__________________

Bread FY28: Request for local bread contract to supply various bread products for pt. meals. Estimated (ORDERING PERIOD 5)

POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AA

448.00

__________________

Bagel Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AB

624.00

__________________

French Parbaked

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AC

416.00

__________________

Hoggy Roll White

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AD

1,820.00

__________________

Wheat Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AE

780.00

__________________

White Dinner Roll

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AF

260.00

__________________

Raisin Whole Wheat

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AG

416.00

__________________

Wheat Berry Whole Grain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AH

3,900.00

__________________

White Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AI

5,460.00

__________________

Whole Wheat Loaf

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AJ

260.00

__________________

Texas Toast

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AK

1,040.00

__________________

English Muffin Plain

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

4001AL

520.00

__________________

Small Hamburger Bun

POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 311999 - All Other Miscellaneous Food Manufacturing PRODUCT/SERVICE CODE: 8920 - Bakery and Cereal Products

GRAND TOTAL

__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

SHIPPING INFORMATION

QUANTITY

DELIVERY DATE

0001

SHIP TO:

VA San Francisco Healthcare System

4150 Clement Street San Francisco, CA 94121

USA

1.00

01/01/2024- 12/31/2024

INSTRUCTIONS:

Contractor will provide delivery of prepared bread product. Items will be delivered a minimum of twice per week with 2-3 days between each delivery.

FOB:

DESTINATION

1001

SHIP TO:

VA San Francisco Healthcare System

4150 Clement Street San Francisco, CA 94121

USA

1.00

01/01/2025- 12/31/2025

FOB:

DESTINATION

2001

SHIP TO:

VA San Francisco Healthcare System

4150 Clement Street San Francisco, CA 94121

USA

1.00

01/01/2026- 12/31/2026

FOB:

DESTINATION

FOB:

DESTINATION

3001

SHIP TO:

VA San Francisco Healthcare System

4150 Clement Street San Francisco, CA 94121

USA

1.00

01/01/2027- 12/31/2027

4001

SHIP TO:

VA San Francisco Healthcare System

4150 Clement Street San Francisco, CA 94121

USA

1.00

01/01/2028- 12/31/2028

FOB:

DESTINATION

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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 01/01/2024 through 12/31/2028.

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

(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 $250.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Dec 4, 2023.