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Sandwiches for Patients Federal contract opportunity
Solicitation number
36C26220Q0132
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Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22

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36C26220Q0132 Contract Opportunity 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 Contract Opportunity Combined Synopsis/Solicitation Notice Sandwiches for Patients 90815 36C26220Q0132 11-25-2019 N

SBA

311991 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 Ryan Singletary Ryan.Singletary@va.gov Department of Veteran's Affairs

VA

Greater Los Angeles Healthcare System 11301 Wiilshire Blvd.

Los Angeles, CA 90073

USA

https://www.va.gov

VA.GOV

RYAN.SINGLETARY@VA.GOV

Ryan.Singletary@va.gov This solicitation is for a Single Award Open Market BPA, for the delivery fresh food products to the VA Greater Los Angeles Healthcare System (VAGLAHS) between 12/01/2019 and 11/30/2020 plus 4 12-month option years.

This solicitation is competed as a Small Business Set-Aside.

ALL QUESTIONS MUST BE RECEIVED BY 1200 NOON ON WEDNESDAY, 11/20/2019 TO GIVE THE CONTRACTING SPECIALIST TIME TO AMEND THE SOLICITATION WITH CHANGES AND/OR ANSWERS TO QUESTIONS. IF SIGNIFCANT CHANGES ARE MADE TO THE SOLICITATION THE GOVERNMENT RESERVES THE RIGHT TO EXTEND THE SOLICITATION TO ALLOW TIME FOR OFFERS TO BE RECEIVED.

Any contractor in the competitive range may be required to submit a sample product for the Chief Nutritionist at the VA Greater Los Angeles to evaluate. The exact product will be selected by the Chief Nutritionist. Contractors not in the competitive range will not be asked to provide a sample.

This is a FOB Destination acquisition. All shipping costs must be factored into the price of the items.

ALL OFFERS MUST BE EMAILED IN PDF FORMAT TO Ryan.Singletary@va.gov.

ALL OFFERS MUST BE RECEIVED BY 1200 NOON PACIFIC STANDARD TIME ON MONDAY, 11/25/2019.

PLEASE REVIEW THE

SCHEDULE AND STATEMNT OF WORK.

THIS SOLICITATION IS FOR A BLANKET PURCHASE AGREEMENT FOR A

PERIOD OF PERFORMANCE FROM DECEMBER 1, 2019 TO NOVEMBER 30, 2024.

ALL QUESTIONS MUST BE SUBMITTED BY WEDNESDAY, NOVEMBER 20, 2019

12:00 PM PST. PLEASE SUBMIT VIA E

MAIL TO

RYAN.SINGLETARY@VA.GOV

ALL QUOTES MUST BE SUBMITTED BY MONDAY, NOVEMBER 25, 2019 BY

12:00 PM PST TO

RYAN.SINGLETARY@VA.GOV

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)

c. 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

691-20-1-120-0013 36C26220Q0132 11-1 -2019 Singletary, Ryan 562-766-2272 11-25-2019

12:00 PM 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 N/A X Department of Veterans Affairs VA Greater Los Angeles Healthcare System WLA BLDG 300 Loading Dock 11301 Wilshire Blvd.

Los Angeles CA 90073 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page See CONTINUATION Page x x Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS5
B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA5
B.2 DESCRIPTION OF AGREENT6
B.3 SCHEDULE AND ESTIMATED QUANTITES7
BASE YEAR: December 1, 2019 – November 30, 2020 - ITEM INFORMATION7
SECTION C - CONTRACT CLAUSES25
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)25
C.2 52.216-18 ORDERING (OCT 1995)30
C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)31
C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)31
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)31
C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)32
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)32
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)33
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS41
SECTION E - SOLICITATION PROVISIONS42
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)42
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)42
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)44
E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)44
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)45
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)45
E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)46
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)46

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

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

a. GOVENRMENT: Ryan Singletary – Contract Specialist Department of Veterans Affairs, VISN 22 - Network Contracting Office 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

b. CONTRACTOR:

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] MONTHLY / UPON DELIVERY OF SUPPLIES

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.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 http://www.tungsten-network.com/us/en/veteransaffairs Monthly invoices shall be submitted to the VA no later than 10 days past the last day of the billing period. Contractor shall submit electronic invoices via Tungsten network or other acceptable system by VA FSC. Invoices submitted to VA FSC other than the electronic, will NOT be processed for payment.

Contractor may contact (877) 353-9791 for invoice inquiries. Incomplete and incorrect invoices shall be returned for correction.

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

AMENDMENT NO
DATE

B.2 DESCRIPTION OF AGREENT

1. INTENT: Pursuant to FAR Part 13.303, it is the intent of the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 to establish a Single Award Open Market BPA, for the delivery fresh food products to the VA Greater Los Angeles Healthcare System (VAGLAHS) including ready to eat sandwiches and all associated supplies to perform and complete as outlined in this BPA solicitation. The awarded Contractor agrees to the following terms of the BPA exclusively with the VISN facility listed in below.

This BPA will be reviewed at least annually prior to the exercise of each Option Year to ensure the BPA terms are met, to assess current market conditions, and to determine price reasonableness. Additional discounts maybe requested by NCO 22 at any time. The BPA shall not exceed sixty-six (66) months from the effective date of the BPA.

2. PRICES AND TERMS: An estimated amount of sandwiches required by VAGLAHS is provided in Section B.3. Pricing shall be based on the quantities the Government has provided in Section B.3 and are not guaranteed quantities; they are estimates ONLY.

3. TERM OF AGREEMENT: This BPA shall have a Base year and 4 Option year terms. Additional discounts maybe requested by NCO 22 at any time. If the Contractor fails to perform in a manner satisfactory to the CO, this BPA may be canceled with a thirty (30) days written notice to the Contractor by the CO. The BPA shall be extended each year via the Options at the discretion of the Government.

4. ORDERS: This BPA is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized Delivery Orders (DO) issued under the BPA by authorized individuals. DO’s shall be identified by the BPA Number (TBD) and DO Number (TBD). Any DO issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the DO. The Contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA.

5. ORDERING METHOD: All orders shall be placed against valid DO’s signed by the CO. The CO shall designate primary facility POCs, as necessary, which may coordinate service quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions.

6. PARTICIPATING FACILITY: At this time, the VA Greater Los Angeles Healthcare Systems is the only active participant.

Active Participant address:

VA Greater Los Angeles Healthcare System (VAGLAHS) Nutrition and Food Service; Main Kitchen Loading Dock, Bldg 300 11301 Wilshire Blvd.

Los Angeles, CA 90073

B.3 SCHEDULE AND ESTIMATED QUANTITES

The quantities are an estimate and is not a guaranteed quantity under this BPA. The following is for: 36C26220Q0132 BASE YEAR: December 1, 2019 – November 30, 2020 - ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT TOTAL
5,000.00
EA
__________________
__________________

GRILLED CHICKEN CAESAR WRAP

LOCAL STOCK NUMBER: 11047

3,000.00
EA
__________________
__________________

SANDWICH, ROAST BEEF WITH PEPPERONCINI'S ON FRENCH SUB

LOCAL STOCK NUMBER: 40193

5,000.00
EA
__________________
__________________

SANDWICH, CAPRESS CIABATTA

LOCAL STOCK NUMBER: 11059

5,000.00
EA
__________________
__________________

SANDWICH, RANCH TURKEY CLUB ON MULTIGRAIN

LOCAL STOCK NUMBER: 11024

5,000.00
EA
__________________
__________________

SANDWICH, ITALIAN, SOFTROLL, PATIENT LOCAL STOCK NUMBER: DDSR02S

LOCAL STOCK NUMBER: 1051

1,500.00
EA
__________________
__________________

SANDWICH, BIG TEX HAN & CHEDDAR ON FRENCH SUB

LOCAL STOCK NUMBER: 40189

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHEAT, PATIENT

LOCAL STOCK NUMBER: 40177

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE, PATIENT

LOCAL STOCK NUMBER: 40204

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHEAT, PATIENT

LOCAL STOCK NUMBER: 50691

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHITE, PATIENT

LOCAL STOCK NUMBER: 50692

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT, PATIENT

LOCAL STOCK NUMBER: 40175

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE, PATIENT

LOCAL STOCK NUMBER: 40394

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHEAT, PATIENT

LOCAL STOCK NUMBER: 40135

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHITE, PATIENT

LOCAL STOCK NUMBER: 50689

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE AND TOMATO ON WHEAT

LOCAL STOCK NUMBER: 10521

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE, TOMATO ON WHITE

LOCAL STOCK NUMBER: 50690

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHEAT, PATIENT

LOCAL STOCK NUMBER: 40185

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHITE, PATIENT

LOCAL STOCK NUMBER: 50696

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHEAT

LOCAL STOCK NUMBER: 11035

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHITE

10,000.00
EA
__________________
__________________

SANDWICH, HAM AND SWISS ON PRETZEL ROLL

LOCAL STOCK NUMBER: 11058

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CRANBERRY CHICKEN SALAD ON WHEAT

LOCAL STOCK NUMBER: 11037

5,000.00
EA
__________________
__________________

SANDWICH, TURKEY AND CHEESE ON ONION ROLL

LOCAL STOCK NUMBER: 50695

500.00
EA
__________________
__________________

ARTISAN TURKEY ON SOURDOUGH

500.00
EA
__________________
__________________

FG GARLIC HUMMAS CUCUMBER SANDWICH

LOCAL STOCK NUMBER: 11155

500.00
EA
__________________
__________________

ARTISAN CHICKEN SALAD ON OAT HONEY WHEAT

500.00
EA
__________________
__________________

ZESTY TURKEY WRAP

LOCAL STOCK NUMBER: 11048

500.00
EA
__________________
__________________

BB TURKEY AND HAM ON FRENCH SUB

LOCAL STOCK NUMBER: 40197

500.00
EA
__________________
__________________

FG PESTO CHICKEN PITA

LOCAL STOCK NUMBER: 40117

500.00
EA
__________________
__________________

UNWRAPPED BURRIT0 BOWL

GRAND TOTAL
__________________

OPTION YEAR 1: December 1, 2020 – November 30, 2021 - ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT TOTAL
5,000.00
EA
__________________
__________________

GRILLED CHICKEN CAESAR WRAP

3,000.00
EA
__________________
__________________

SANDWICH, ROAST BEEF WITH PEPPERONCINI'S ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, CAPRESS CIABATTA

5,000.00
EA
__________________
__________________

SANDWICH, RANCH TURKEY CLUB ON MULTIGRAIN

5,000.00
EA
__________________
__________________

SANDWICH, ITALIAN, SOFTROLL, PATIENT LOCAL STOCK NUMBER: DDSR02S

1,500.00
EA
__________________
__________________

SANDWICH, BIG TEX HAN & CHEDDAR ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHITE, PATIENT

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE, TOMATO ON WHITE

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHITE

10,000.00
EA
__________________
__________________

SANDWICH, HAM AND SWISS ON PRETZEL ROLL

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CRANBERRY CHICKEN SALAD ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TURKEY AND CHEESE ON ONION ROLL

500.00
EA
__________________
__________________

ARTISAN TURKEY ON SOURDOUGH

500.00
EA
__________________
__________________

FG GARLIC HUMMAS CUCUMBER SANDWICH

500.00
EA
__________________
__________________

ARTISAN CHICKEN SALAD ON OAT HONEY WHEAT

500.00
EA
__________________
__________________

ZESTY TURKEY WRAP

500.00
EA
__________________
__________________

BB TURKEY AND HAM ON FRENCH SUB

500.00
EA
__________________
__________________

FG PESTO CHICKEN PITA

500.00
EA
__________________
__________________

UNWRAPPED BURRIT0 BOWL

GRAND TOTAL
__________________

OPTION YEAR 2: December 1, 2021 – November 30, 2022 - ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT TOTAL
5,000.00
EA
__________________
__________________

GRILLED CHICKEN CAESAR WRAP

3,000.00
EA
__________________
__________________

SANDWICH, ROAST BEEF WITH PEPPERONCINI'S ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, CAPRESS CIABATTA

5,000.00
EA
__________________
__________________

SANDWICH, RANCH TURKEY CLUB ON MULTIGRAIN

5,000.00
EA
__________________
__________________

SANDWICH, ITALIAN, SOFTROLL, PATIENT LOCAL STOCK NUMBER: DDSR02S

1,500.00
EA
__________________
__________________

SANDWICH, BIG TEX HAN & CHEDDAR ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHITE, PATIENT

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE, TOMATO ON WHITE

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHITE

10,000.00
EA
__________________
__________________

SANDWICH, HAM AND SWISS ON PRETZEL ROLL

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CRANBERRY CHICKEN SALAD ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TURKEY AND CHEESE ON ONION ROLL

500.00
EA
__________________
__________________

ARTISAN TURKEY ON SOURDOUGH

500.00
EA
__________________
__________________

FG GARLIC HUMMAS CUCUMBER SANDWICH

500.00
EA
__________________
__________________

ARTISAN CHICKEN SALAD ON OAT HONEY WHEAT

500.00
EA
__________________
__________________

ZESTY TURKEY WRAP

500.00
EA
__________________
__________________

BB TURKEY AND HAM ON FRENCH SUB

500.00
EA
__________________
__________________

FG PESTO CHICKEN PITA

500.00
EA
__________________
__________________

UNWRAPPED BURRIT0 BOWL

GRAND TOTAL
__________________

OPTION YEAR 3: December 1, 2022 – November 30, 2023 - ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT TOTAL
5,000.00
EA
__________________
__________________

GRILLED CHICKEN CAESAR WRAP

3,000.00
EA
__________________
__________________

SANDWICH, ROAST BEEF WITH PEPPERONCINI'S ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, CAPRESS CIABATTA

5,000.00
EA
__________________
__________________

SANDWICH, RANCH TURKEY CLUB ON MULTIGRAIN

5,000.00
EA
__________________
__________________

SANDWICH, ITALIAN, SOFTROLL, PATIENT LOCAL STOCK NUMBER: DDSR02S

1,500.00
EA
__________________
__________________

SANDWICH, BIG TEX HAN & CHEDDAR ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHITE, PATIENT

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE, TOMATO ON WHITE

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHITE

10,000.00
EA
__________________
__________________

SANDWICH, HAM AND SWISS ON PRETZEL ROLL

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CRANBERRY CHICKEN SALAD ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TURKEY AND CHEESE ON ONION ROLL

500.00
EA
__________________
__________________

ARTISAN TURKEY ON SOURDOUGH

500.00
EA
__________________
__________________

FG GARLIC HUMMAS CUCUMBER SANDWICH

500.00
EA
__________________
__________________

ARTISAN CHICKEN SALAD ON OAT HONEY WHEAT

500.00
EA
__________________
__________________

ZESTY TURKEY WRAP

500.00
EA
__________________
__________________

BB TURKEY AND HAM ON FRENCH SUB

500.00
EA
__________________
__________________

FG PESTO CHICKEN PITA

500.00
EA
__________________
__________________

UNWRAPPED BURRIT0 BOWL

GRAND TOTAL
__________________

OPTION YEAR 4: December 1, 2023 – November 30, 2024 - ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT TOTAL
5,000.00
EA
__________________
__________________

GRILLED CHICKEN CAESAR WRAP

3,000.00
EA
__________________
__________________

SANDWICH, ROAST BEEF WITH PEPPERONCINI'S ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, CAPRESS CIABATTA

5,000.00
EA
__________________
__________________

SANDWICH, RANCH TURKEY CLUB ON MULTIGRAIN

5,000.00
EA
__________________
__________________

SANDWICH, ITALIAN, SOFTROLL, PATIENT LOCAL STOCK NUMBER: DDSR02S

1,500.00
EA
__________________
__________________

SANDWICH, BIG TEX HAN & CHEDDAR ON FRENCH SUB

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CHICKEN, ROASTED ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY ON WHITE, PATIENT

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, ROAST BEEF WITH LETTUCE, TOMATO ON WHITE

24,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHEAT, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TUNA SALAD ON WHITE, PATIENT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, TURKEY WITH LETTUCE AND TOMATO ON WHITE

10,000.00
EA
__________________
__________________

SANDWICH, HAM AND SWISS ON PRETZEL ROLL

5,000.00
EA
__________________
__________________

SANDWICH, TRIANGLE, CRANBERRY CHICKEN SALAD ON WHEAT

5,000.00
EA
__________________
__________________

SANDWICH, TURKEY AND CHEESE ON ONION ROLL

500.00
EA
__________________
__________________

ARTISAN TURKEY ON SOURDOUGH

500.00
EA
__________________
__________________

FG GARLIC HUMMAS CUCUMBER SANDWICH

500.00
EA
__________________
__________________

ARTISAN CHICKEN SALAD ON OAT HONEY WHEAT

500.00
EA
__________________
__________________

ZESTY TURKEY WRAP

500.00
EA
__________________
__________________

BB TURKEY AND HAM ON FRENCH SUB

500.00
EA
__________________
__________________

FG PESTO CHICKEN PITA

500.00
EA
__________________
__________________

UNWRAPPED BURRIT0 BOWL

GRAND TOTAL
__________________

B.4 STATEMENT OF WORK

Greater Los Angeles Healthcare System Nutrition and Food Service

1. Scope of Work: The contractor shall delivery fresh food products to the VA Greater Los Angeles Healthcare System (VAGLAHS), address is listed below. Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work (SOW), by the VAGLAHS Point of Contact (POC). Orders shall be placed by telephone, in writing, in writing via fax, e-mail or given to Contractor personnel as mutually agreed upon between the facility POC and Contractor.

The supplies described are to be provided to the following facility:

VA West Los Angeles Healthcare System Nutrition and Food Service; Main Kitchen Loading Dock, Bldg 300 11301 Wilshire Blvd.

Los Angeles, CA 90073

2. Estimated Period of Performance: The period of performance (POP) shall be for the BPA shall be a Base year plus four (4) Option Years

BASE YEAR: December 1, 2019 to November 30, 2020 OPTION YEAR 1: December 1, 2020 to November 30, 2021 OPTION YEAR 2: December 1, 2021 to November 30, 2022 OPTION YEAR 3: December 1, 2022 to November 30, 2023 OPTION YEAR 3: December 1, 2023 to November 30, 2024

DESCRIPTION OF SERVICES/SUPPLIES

3. ORDERS:

The contractor shall purchase and provide all food supplies (listed in the schedule) materials, and delivery to the VAGLAHS.

4. SPECIFICATIONS:

The Contractor shall provide the following, but not limited to:

a. All ready to eat food shall be packed in food grade containers, in a temperature controlled atmosphere, refrigerated and placed in a sealed container. No preservatives shall be added.

b. Ready to eat food shall comply with the following product definitions:

i. Triangle Sandwich: 2 slices of bread, filling as indicated, no condiments, cut crosswise and wrapped/sealed in cellophane with cardboard support.

ii. Sandwich: 2 slices of bread, filling as indicated, no condiments, cut crosswise on plate. All contents covered/tightly sealed.

c. Unopened food items must be guaranteed to remain in a fresh condition for at least five (5) days after delivery. All ready to eat food items are to be date labeled with a five (5) day expiration date.

d. All products shall be prepared and packaged under modern sanitary conditions in accordance with commercial practices and shall be adequately packed to prevent damage during shipping and handling and storage.

5. REGULATORY STANDARDS;

a. The contractor is responsible for maintaining all health codes and standards of sanitation and safety in the storage, handling, preparation, transportation and delivery of food as enacted by the United States Food and Drug Administration and state or local regulations.

b. The contractor at his/her own expense shall maintain all federal, state, and local licenses and permits required for the operation of food services and products provided herein.

c. The contractor shall provide its staff with on-going training in food handling and preparation, sanitation and safety procedures and food serving procedures.

DESCRIPTION OF SERVICES/SUPPLIES continued:

Shall not substitute and items and will not increase or decrease quantities ordered without prior approval from the POC.

6. DELIVERY REQUIREMENTS

a. Deliveries shall be made to the Warehouse/Kitchen Receiving area unless otherwise directed by the POC.

b. Deliveries shall be made of specified items in specified quantities indicated in the daily schedule provided by the POC monthly. Contractor shall receive a minimum of one working day advance notice of changes needed for specified items.

c. Deliveries shall be made Wednesday, Friday, Sunday, Monday, except holiday, between the hours of 5:30 a.m. and 6:30 a.m. PST, no exceptions.

d. Deliveries shall be made in a temperature controlled refrigerated vehicle capable of maintaining temperatures between 35 degrees – 45 degrees Fahrenheit.

e. Off-loading of product shall occur in the presence of VA authorized receiving personnel only.

7. PRODUCT AVAILABILITY:

a. In the event that the products under this contract become unavailable or available on a limited basis, either temporarily or permanently, the Contractor shall provide the Government with sufficient notification, offering possible substitutions and/or alternative sources and provide the Government five (5) days in advance approve or reject offered substitutions and make other arrangements.

b. The Government reserves the right to procure services from an alternate source, until routine services are restored by the Contractor. When the Government exercises its right to procure these services from an alternate source, the Contractor shall reimburse the government for all charges in excess of the amount that would have normal been incurred by the contract.

c. Furthermore, failure to perform any of the services set forth in this contract shall be considered grounds for invoking provisions of default under Clause 52.212-4(m) “Termination for Cause”.

8. INSPECTIONS:

a. DELIVERED GOODS: 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.

b. Any items determined unacceptable shall be refused for full credit/replacement, at the discretion of the Government. Replacement of rejected products shall be delivered the sameday no later than 1:00 p.m., unless otherwise specified by the POC.
c. DELIVERY VEHICLES: The Government further reserves the right to enter and inspect anyvehicle 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.

d. CONTRACTOR FACILITIES: The Government may, prior to contract award or at any time during the term of the contract, inspect the contractor’s plant, personnel, equipment, and processes to determine compliance with State/Federal sanitation regulatory requirements.

e. The contractor will be inspected by a federal, state or local government regulatory authority for their food preparation and packaging operation to ensure adherence to the food safety guidelines in the FDA Food Code.

Submission Requirements: Responding contractors must certify and show evidence that their company can comply with the requirements of this RFQ. Along the quote, the contractor will provide a copy of their most recent inspection report, not more than 6 months prior to the proposed contract period as proof of compliance with this requirement.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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 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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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;

(C) Affected line item or subline item, if applicable; and

(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 32.608-2 of the Federal Acquisition Regulation 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. 2409 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)

C.2 52.216-18 ORDERING (OCT 1995)

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

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

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

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by…

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