36C26219Q0001-000.docx

36C26219Q0001 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 This Combined Synopsis Solicitation Notice is for fresh produce for the VA San Diego and Los Angeles Healthcare Systems. This solicitation is competed as a Small Business Set-Aside with consideration for SDVOSB and VOSB contractors 90815 36C26219Q0001 09-25-2018 N 311991 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 Bryan Boggs bryan.boggs2@va.gov VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd Los Angeles CA 90073 VA San Diego Healthcare System 3350 La Jolla Village Drive, San Diego, CA 92161

USA

This Combined Synopsis / Solicitation is for a one-year contract for fresh produce to be delivered to the VA San Diego and Los Angeles Healthcare Systems. The Period of Performance will be 10/1/2018 to 9/30/2019.

This solicitation is competed as a Small Business Set-Aside; however, in accordance with 38 USC 8127(d) Veterans First Contracting Program, and VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, offers from SDVOSB and VOSB contractors will be given special consideration. Contractors must be listed on the VETBIZ website https://www.vip.vetbiz.va.gov/ to be considered a SDVOSB or VOSB.

Refer to the Schedule of Supplies for the items and quantities required.

Quantities listed in the Schedule of Supplies are estimated for a 12-month period.

Delivery of produce will be on-order during a specific delivery window on specific days specified by the Nutrition and Food Service Departments.

All offerors in consideration for award could be required to provide samples to the Nutrition and Food Service Departments on Thursday 9/27/2018 for quality evaluation.

All questions must be emailed to bryan.boggs2@va.gov by 1200 noon PST on Friday 9/21/2018.

All offers must be emailed to bryan.boggs2@va.gov by 1200 noon on Tuesday 9/25/2018. No late offers will be considered.

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

664-19-1-120-0002 691-19-1-120-0001 36C26219Q0001 09-18-2018 Boggs, Bryan bryan.boggs2@va.gov 09-25-2018 1200 Noon PST 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 311991 500 Employees

NET 30

N/A X

ADDRESSES LISTED IN THE DESCRIPTION

AND STATEMENT OF WORK.

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs

WWW.TUNGSTEN-NETWORK.COM

See CONTINUATION Page

SEE SUBSEQUENT PAGES FOR COMPLETE DETAILS

See CONTINUATION Page X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 Bryan Boggs

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

WWW.TUNGSTEN-NETWORK.COM

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

SCOPE OF WORK:

The contractor shall deliver fresh fruits and vegetables products to the VA San Diego and Greater Los Angeles Healthcare Systems. Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work {SOW), by the Contracting Officer Representative (COR). Orders shall be placed by email, telephone, in writing via fax, or given to Contractor personnel as mutually agreed upon between the facility COR and Contractor. The awarded contract shall for 12 months from the date of award. Period of Performance is 10/1/18 to 9/30/19.

VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd Los Angeles, CA 90073

VA San Diego Healthcare System 3350 La Jolla Village Drive San Diego, CA 92161

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. ORDERS:

The Contracting Officer's Representative {COR) of Nutrition and Food Service shall place orders by email, telephone, in writing via fax, or any manner consistent with accepted business practices. Orders should be placed no later than 24 hours prior to delivery date.

Emergency orders may be placed same day of delivery. When required, the Government shall request written confirmation of the oral calls to confirm the requested order.

2. PACKAGING:

a. All products shall be prepared and packaged under modern sanitary conditions in strict accordance with the guidelines provided by the U.S. Food and Drug Administration and th_e 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 and contamination. All products/ingredients shall be clean, sound, wholesome and free from evidence of rodent or insect infestation. Failure to comply with this provision shall be considered grounds for default of the contract.

b. All packaging shall be in accordance with commercial labeling complying with Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

c. All vegetables and salads shall be grade A or U.S. NO. 1. Salads shall be thoroughly washed in water, Process/Pre-cut vegetables shall be vacuum packed/heat seal in heavy duty food grade plastic bags {2- 1/2mm minimum), pin-hole free, in a temperature controlled atmosphere (i.e. vegetables are to be precooled, packed under refrigerated conditions.) Garden salad and spinach are not to be vacuum packed, but heat sealed. The level of vacuum to be adjusted to the type of product. No preservatives shall be added to per-cut items. Each bag/tray for vegetables and salads (including 4 and 8 oz.) containers, shall be stamp with a "Use-by" date label showing expiration date of five (S) days from the date of delivery.

Unopened vegetables must be guaranteed to remain in fresh, crisp condition for at least five (5) days after delivery. One (1) oz. per-package carrots are to have a manufacturing Use-by date of 14 days from date of delivery. Sliced/diced tomato shall be packed in rigid containers that allow drainage of water off the product according to the latest approved industry standards to maintain a 5-day shelf life. Failure to comply with this requirement shall render this contract into default and termination.

d. All items must be identified with readable, open code dates.

e. Unless otherwise specified, preservation, packaging and packing shall be to a degree of protection to preclude damage during normal shipping conditions, handling, etc. and shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from contractor to the receiving activity for storage. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification (issues in effect at time of shipment).

3. DELIVERIES:

a. All deliveries shall conform in every aspect to the provisions of the Food, Drug and Cosmetic Act, USC Title 21, Chapter 9 (FD&C Act) and regulations promulgated there under.

b. Where applicable, the interpretation of requirements (descriptive terms), methods ascertaining grades, testing, etc., shall be in accordance with those contained in the U.S. Standards for the products in effect on the date of solicitation.

c. Deliveries shall be made to the Nutrition and Food Service Departments unless otherwise directed by the COR.

d. Deliveries shall be made of specified items in quantities indicated in the purchase order.

e. Deliveries shall be made in a temperature controlled refrigerated vehicle capable of maintaining temperature between 35-41 degrees Fahrenheit. Deliveries made in a vehicle not maintaining this temperature will be rejected.

f. Offloading of product shall occur in the presence of VA authorized receiving personnel only.

g. Contractor shall be responsible for providing hand trucks, dollies for produce, required to affect delivery to appropriate location.

h. Deliveries shall be made during specific times on specific days specified by the Nutrition and Food Service Department.

i. In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97, the following holidays are observed and for the purposes of this contract are defined as "Legal Federal Official Holidays":

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday.

When a holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government Agencies. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

4. INSPECTIONS:

a. The Government reserves the right to inspect delivered goods for compliance of specifications, including, but not limited to, correct product(s) and quantities, proper packaging, damaged goods, etc. The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designed, Validated Hazardous Analysis Critical Control Point (HACCP) Plan.

b. Any items determined unacceptable shall be refused with full credit/replacement, at the discretion of the Government. Replacement of rejected products shall be delivered the same day no later than 1:00 p.m., unless otherwise specified by the COR.

c. The Government further reserves the right to enter and inspect any vehicle used to deliver goods for, but not limited to, compliance of sanitation conditions, proper refrigeration, etc. Such inspection shall be made on a random basis, upon delivery, at the discretion of the COR.

d. Facilities: The Government may, prior to the contract award or at any time during the term of the contract, inspect the contractor's plant, personnel, equipment and process to ensure compliance with state and federal sanitation regulation requirements. All products furnished under the awarded contract shall be processed at plants that have been inspected by Federal Government. Approved inspection reports or another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meets these requirements, provided that the inspections were made not more than six (6) months prior to the proposed period.

(1) Contractor shall provide here under the name and address of the plant(s) to be utilized for performance of this contract:

(2) In the event another Federal Agency has inspected the plant listed, within the past year, please indicate the agency's name:

5. LABORATORY REPORTS:

Upon request the Contractor shall provide the Contracting Officer with a copy of laboratory reports, prepared by an official of a Federal, State, or County laboratory and shall include chemical and bacteriological examination results and certification that adequate Public Health controls are in effect at the plant and are being observed.

6. CONTRACTOR DELIVERY PERSONNEL:

All Contractor delivery personnel shall be required to wear a full company uniform, which clearly displays the name of the company and the individual, and shall be of a neat, clean appearance with appropriate hair containment. Contractor's employees shall wear identification (ID) badges during the entire period off time while on VA Facility. ID badges must have an identifying picture, name of the individual and the represented company depicted.

7. EVALUTATION FACTOR FOR AWARD:

The basis for award shall be made to the responsible Offeror, who conforming to this Solicitation, is determined to be the lowest price technically acceptable.

8. THE HAZARDOUS ANALYSIS CONTROL POINTS (HACCP) PLAN:

The contractor shall demonstrate compliance with performance standards by showing process adherences to an appropriately designed validated HACCP plan. The contractor shall provide valid HACCP plan to the VA San Diego and VA Greater Los Angeles Healthcare Systems upon request.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

APPLE, GALA, FRESH, 2.75 INCH WASHINGTON EXTRA FANCY, 125 COUNT/CASE

AVOCADO (HASS), FRESH, U.S. NO 1, MATURE, WELL COLORED, AND WELL TRIMMED. PACK 6 COUNT BAG

BANANA, PETITE, FRESH, 150 COUNT/CASE, RIPENESS SCALE #4, MORE YELLOW THAN GREEN, FIRM, CUT FULL TOP FINGER, LEVEL C PACKAGING, FED-Y-B-91D. 40 LB CASE.

BROCCOLI, FRESH, U.S. FANCY, FREE FROM DAMAGE OR DISCOLORATION, WELL TRIMMED, BUNCHED

CABBAGE, GREEN, FRESH, U.S. NO. 1, DICED, TRIMMED-CORED, 2 INCHES X 2 INCHES, 4/5 POUND VACUUM SEAL BAGS PER CASE. LABELED WITH A 5 DAY EXPIRATION DATE.

CANTALOUPE, FRESH, 4 OZ, U.S. NO. 1, DRY, CHUNK, 1" MAX DIA. NO TALLER THAN 3" AND LABELED WITH A FIVE DAY EXPIRATION DATE. PIECES ARE TO BE FIRM, NOT WATERY, DISCOLORED.

CARROT, BABY, FRESH, READY TO USE, PEELED, 100-2 OZ BAG PER CASE, A-A-20191B, STYLE IV, SIZE A. ALL BAGS SHOW MFG. 14 DAY EXPIRATION DATE.

CARROT, FRESH, SHEDDED CUT, 2 INCH X 1/8 INCH, STYLE III, SIZE B. PACKED 4/5 LBS. PLASTIC BAG. ALL BAG ARE TO BE VACUUM SEALED AND LABELED WITH A 5 DAY EXPIRATION DATE.

CARROTS, WHOLE, FRESH, U.S. NO 1, WELL FORMED, FREE FROM DECAY, TRIMMED TOP, 1 LB BAG

CELERY, FRESH, DICED, 1/4 INCH, U.S. NO. 1 GRADE, PACKED IN 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A FIVE DATE EXPIRATION DATE.

CELERY, FRESH, STALK, U.S. GRADE NO. 1. WELL FORMED, FREE FROM DISCOLORATION AND WILTING. BUNCH

CUCUMBERS, WHOLE, FRESH, WELL COLORED, FIRM, FREE FROM DECAY, SHALL NOT EXCEED 5-1/2 INCHES IN LENGTH OR 1-7/8 INCHES IN DIAMETER, BUT THE LENGTH SHALL BE NOT LESS THAN 2-1/2 TIME THE DIAMETER. EACH

FRUIT SALAD MIX CUP, FRESH CUT, 4 OZ CUP, MIX OF FRESH FRUIT CHUNKS, 1 INCH DIA. TO BE CANTALOUP, HONEYDEW AND RED SEEDLESS GRAPES, PACKED IN PLASTIC CUP LESS THAN 3" TALL. ALL CUPS TO BE DATE LABELE

GRAPES, LUNCH BUNCH RED, SEEDLESS, U.S. NO. 1 TABLE GRAPES, WASHED. BUNCHES ARE TO BE WELL MATURE AND WELL COLORED, FIRMLY ATTACHED TO CAPSTEMS, NOT SPLIT, CRUSHED, DRIED OR WET AND FREE FROM DECAY, MOLD, AND MILDEW AND DAMAGE. 18 POUND CASE

GREEN ONIONS, U.S. NO 1, FREE FROM DAMAGE OR DECAY, WELL FORMED, CLIPPED TOPS, BUNCH

LEMON, FRESH, U.S. NO. 1 GRADE, SIZE 200 COUNT, FED-Y-V-1741/10. LEVEL C PACKAGING. PACKED IN 5 POUND PLASTIC BAGS

LEMONS, SLICES 1/4", FRESH, 5 POUND TUB. ARE TO BE LABELED WITH A FIVE (5) DATE EXPIRATION DATE.

LETTUCE, GREEN, FRESH, LEAF CROWNS, WELL TRIMMED AND DEVELOPED, U.S. NO 1 GRADE, 300 LEAF COUNT PER CASE. PACKED 10 POUND CASE.

MIX, SALAD, FRESH, CHOPPED RED CABBAGE 10%, ROMAINE LETTUCE 80% AND SHREDDED CARROTS 10%. PACKED 4/5 POUND PLASTIC BAG CASE. A-A-20316, TYPE II, STYLE H. CABBAGE TYPE 1, STYLE M. ALL BAG ARE TO BE SEAL AND LABELED WITH A 5 DAY EXPIRATIN DATE. ICEBERG LETTUCE IS NOT BE USED OR SUBSITUTED IN THIS MIX.

MUSHROOM, FRESH, SLICED, WHITE, MEDIUM 1-1/4 INCH TO 1-3/4 INCH, U.S. NO 1 GRADE, PACKED 4/2.5 POUND PLASTIC BAG/CASE. LABELED WITH A 5 DAY EXPIRATION DATE.

NECTARINE, FRESH, WHOLE, MEDIUM, U.S. EXTRA NO. 1, 28-56 COUNT/CASE.TO BE ORDERED JUNE-SEPT ONLY

ONION, RED, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH SLICED FOR HAMBUGERS, PACKED 5 POUND VACUUM SEALED PLASTIC BAG, LABELED WITH A 5 DAY EXPIRATION DATE

ONION, YELLOW, FRESH, DICED 1/4 INCH, PEELED, PACK IN 5 POUND VACUUM SEAL PLASTIC BAG. DATE LABEL WITH A 5 DAY EXPIRATION DATE. FED HH-V 1867/4

ONION, YELLOW, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH SLICED FOR HAMBUGERS. PACKED 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DAY EXPIRATION DATE. FED HHH-V1867/4

ONION, YELLOW, FRESH, SLICED JULIENNE CUT 1/8 INCH, PEELED, PACKED 5 POUND VACUUM SEAL PLASTIC BAG. LABLED WITHA 5 DAY EXPIRATION DATE. FED-HHH-V-1867/4.

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO 1, PEELED, 10 POUND TUB, WHOLE SEGMENT, NOT BROKEN, WATERY, DISCOLORED. LABELED WITH A 5 DAY EXPIRATION DATE.

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO. 1, PEELED, 4 OZ CUP, CONTAINER NOT TO EXCEED 3 INCHES IN HEIGHT, WHOLE SEGMENT, NOT BROKEN, WATERY, DISCOLORED.

ORANGE, FRESH, NAVEL, U.S. NO. 1 GRADE, 113 COUNT/CASE, LEVEL C PACKAGING, FED Y-F-1741/13. 40 POUND CASE

PARSLEY, FRESH U.S. NO. 1 GRADE, CURLY LEAF, GOOD GREEN COLOR. FREE FROM DECAY, SEED STEMS, YELLOW OR DISCOLORED LEAVES, WILTING, FREEZING, DIRT. FED Y-F-1741/20. PACKED IN 1 POUND VACUUM SEAL PLASTI

PEAR, BARTLETT, GREEN, FRESH, U.S. NO. 1 MATURE, FIRM, RIPE, WELL FORMED, FREE FROM DECAY AND DAMAGE, CLEAN. 135 COUNT/CASE.

PEPPER, BELL GREEN, WHOLE FRESH, U.S. FANCY (CHOPPERS), MATURE, SWEET, FIRM, WELL SHAPED, NOT SERIOUSLY MISSHAPED, DIAMETER NOT LESS THAN 3 INCHES. LENGTH NOT LESS THAN 3 1/2 INCHES, PACK 5 POUND

PEPPER, GREEN, FRESH, DICED 1/4 INCH, U.S. NO 1 GRADE, PACKED IN 5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DATE EXPIRATION DATE.

PEPPER, RED, BELL, U.S. FANCY, FREE FROM DECAY, WHOLE, FRESH, EACH

PLUM, FRESH, BLACK, WHOLE, MEDIUM, U.S. NO 1, 50/60 COUNT/CASE. TO BE ORDERED JUNE-SEPT ONLY.

POTATO, FRESH, PEELED, DICED 1/2 INCH, U.S. NO. 1 GRADE, RUSSET WHITE, PACKED 10 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DAY EXPIRATION DATE.

POTATO, RUSSET, FRESH, 120 COUNT CASE

POTATOES, RED, U.S. NO. 1, QUARTERED 1/2" X 2", SKIN ON, 10 POUND BAG. PACK IN VACUUM SEAL BAG AND LABELED WITH A 5 DATE EXPIRATION DATE.

SPINACH, FRESH, LEAF, WASHED, CLEANED, U.S. NO. 1 GRADE, PACKED 4/2.5 POUND PLASTIC BAG/CASE. ALL BAGS TO BE LABELED WITH A 5 DAY EXPIRATION DATE.

TANGERINE, SATSUMA, FRESH, SEEDLESS, U.S. NO. 1, 5 POUND CASE. NO LEAVES, STEM ATTACHED TO FRUIT.

TANGERINE, TANGELO, FRESH, SEEDLESS, U.S. NO. 1, 5 POUND CASE, NO LEAVES, STEM ATTACHED TO FRUIT.

TOMATO, FRESH, SLICED, 1/4 INCH CUT THICK, U.S. NO. 1 GRADE, 2 1/2 INCHES MINIMUM DIAMETER, LIGHT RED TO RED, 90 COUNT PER TRAY. PACK IN CONTAINER ACCORDING TO APPROVED INDUSTRY STANDARDS TO DRAIN EXCESS LIQUID AWAY FROM PRODUCT. LABELED WITH A 5 DAY EXPIRATION DATE.

WATERMELON, FRESH, RED MEAT, DRY, U.S. NO. 1, 8 OZ PLASTIC CUP. NOT TALLER THAN 3 INCHES. CUT 1"X 1" CUBE. PEELED. ALL CUPS TO BE LABELED WITH A MIN 3 DAY EXPIRATIN DATE. PIECES ARE TO BE FIRM NOT SOFT, NOT WATERY AND DISCOLORED.

TOMATOES, CHERRY RED, 12 PINTS CASE,

PARSLEY, FRESH BUNCH US NO. 1 GRADE CULY LEAF

POTATOES, RED SKIN FRESH SIZE B SKIN ON WHOLE 50# CASE

COLESLAW, CALICO FRESH TRIMMED 5# BAG CORED SHREDDED MEDIUM 75% WHITE 25% RED

CARROT STICK, 5# BAG, FRESH, ABRASIVE PEELED 1/2 INCH SQUARE X 3 INCH LONG

CUCUMBER, SLICED FRESH, 5# BAG, 1/8 INCH THICK, PEELED

KALE, WASHED LEAVES, WHOLE, 5# BAG, LEAVES FREE OF DECAY OR YELLOW OR DISCOLORED LEAVES OR WILTING OR FREEZING OR DIRT

RADISH, SLICED, FRESH US NO 1 GRADE, 5# BAG

SQUASH, ZUCCHINI FRESH 5# BAG, US NO 1 GRADE, MAXIMUM DIAMETER, 2 INCH MAX LENGTH, 7 INCH SLICED, 1/4 INCH THICK

STRAWBERRIES, FRESH, US NO 1 GRADE

HONEYDEW, FRESH CHUNKS, 1" 5# TRAY

MINT, FRESH 1 #

SQUASH, BUTTERNUT, FRESH, PRE-DICED, PEELED, 1 " 5# BAG

B.5 DELIVERY SCHEDULE

500.00

10.00

800.00

30.00

300.00

630.00

200.00

10.00

30.00

150.00

20.00

30.00

21,000.00

580.00

45.00

125.00

150.00

325.00

800.00

100.00

30.00

70.00

500.00

350.00

30.00

50.00

30,000.00

400.00

200.00

100.00

150.00

200.00

45.00

30.00

700.00

500.00

1,200.00

200.00

50.00

50.00

1,000.00

900.00

150.00

420.00

6.00

300.00

100.00

200.00

150.00

20.00

120.00

52.00

63.00

100.00

25,000.00

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SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[X] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[X] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

QUALITY

PRICE

PAST PERFORMANCE

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades…