36C26224Q0015.docx

36C26224Q0015

GENERAL INFORMATION

SET-ASIDE

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

POINT OF CONTACT*

Hestia Sim Hestia.Sim@va.gov

PLACE OF PERFORMANCE

VA Albuquerque Healthcare System

Nutrition and Food Services

1501 San Pedro SE

Albuquerque NM

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation is for Full and Open for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26224Q0015

The Department of Veterans Affairs Albuquerque Healthcare System Nutrition and Food Services (NFS) has a requirement for fresh bread in types stated below. The Contractor shall furnish all supplies/services at The VA Albuquerque Healthcare System 1501 San Pedro SE, Albuquerque, NM 87108.

Shipping included in cost.

Period of Performance Base Year: 10/1/2023 – 9/30/2024 Option Year 1: 10/1/2024 – 9/30/2025 Option Year 2: 10/1/2025 – 9/30/2026 Option Year 3: 10/1/2026 – 9/30/2027 Option Year 4: 10/1/2027 – 9/30/2028

Packaging size may be different. However, the ordering quantity will be adjusted depending on the pack-size. All quantities are estimates – actual quantities may vary among line items.

Base Year: 10/1/2023 – 9/30/2024

Option Year 1: 10/1/2024 – 9/30/2025

Option Year 2: 10/1/2025 – 9/30/2026

Option Year 3: 10/1/2026 – 9/30/2027

Option Year 4: 10/1/2027 – 9/30/2028

The solicitation will be in accordance with FAR Part 12, 13, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 311812, Size Standard 1,000 Employees. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award.

Key solicitation milestones are: Submit any questions regarding this procurement via email to Hestia.Sim@va.gov no later than 10am Pacific Local Time Wednesday, September 6, 2023. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephonic questions will not be accepted or returned. RFI responses will be responded to as necessary in amendment format which will be posted to contract opportunities at http://SAM.gov.

Due to time constraints, responses to the solicitation shall be due on Monday, September 11, 2023 at 10:00 Pacific Local Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Hestia Sim, Contracting Specialist at Hestia.Sim@va.gov with " 36C26224Q0015, VA ABQ Bread” in the subject line within 48 hours of release of this notice. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION A - CONTINUATION OF COMBINED SYNOPSIS

A.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 Department of Veterans Affairs 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.

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.2 STATEMENT OF WORK

1. Background A contract for Bread and Bread Products from a local source has been utilized by Nutrition and Food Services at the New Mexico VA Health Care System.

A contract for Bread and Bread Products from a local source enables Nutrition and Food Services to purchase fresh items for a more economical cost.

2. Scope The contractor shall provide bread products to the New Mexico VA Medical Centers located in Albuquerque, NM for base plus option four years. The quantities listed are estimated requirements for the Nutrition and Food Services.

Pack-size may be different. However, the ordering quantity may differ depending on the pack-size.

Base Year: 10/1/2023 – 9/30/2024

Option Year 1: 10/1/2024 – 9/30/2025

Option Year 2: 10/1/2025 – 9/30/2026

Option Year 3: 10/1/2026 – 9/30/2027

Option Year 4: 10/1/2027 – 9/30/2028

3. Specific Tasks

a. The contractor shall provide bread and bread products to the New Mexico VA Medical Centers located in Albuquerque, NM. The quantities listed are estimated requirements for the Nutrition and Food Services.

b. The contractor shall contact the Contracting Officer on all administrative matters. Only the Contracting Officer is authorized to make commitments or issue changes which will affect prices, quantity, or the delivery terms and conditions of this contract.

c. A contract awarded as a result of issuance of this solicitation shall be a Firm-Fixed-Price Contract to only one vendor.

d. NOTE: All Quantities are Estimates – Actual Quantities may vary among Line Items. Any unordered quantities/unused funds will be de-obligated at the end of each fiscal year.

e. Estimated orders will be submitted weekly with the Government reserving the right to adjust orders 24 hours prior to scheduled delivery.

f. Delivery to the New Mexico VA Medical Center, may consist of two (2) separate delivery points and times.

g. Notice to Bidders: The Government acknowledges the possibility that bidders may wish to enter into subcontractor arrangements for the performance of this contract. Bidders will be responsible for identifying with their bids, any and all subcontract arrangements. Any such arrangement will not be construed as a contract between the Government and the subcontractor. It is understood that in the event such an arrangement is accepted, the Prime Contractor will be responsible for assuring that delivery and performance is in conformance with the contract requirements. In the event that the Government determines the subcontractor’s performance to be unacceptable, the Prime Contractor will be responsible for remedying any and all deficiencies, including but not necessarily limited to replacing the subcontractor. Bidders shall identify whether payment will be made directly to the subcontractor(s) or to the Prime Contractor. The Prime Contractor will be responsible for providing all quarterly reporting data (separate submissions from subcontractors are not acceptable).

h. Federal Holidays: New Year’s Day, Dr. Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

4. Performance Monitoring The contractor’s performance will be evaluated throughout the life of the contract. The evaluation will be performed using the CPARS/FAPIIS evaluation database. This is intended to provide the contractor with continuous feedback during the performance of the contract as well as aid in documenting past performance for submission to other Government past performance databases.

5. Other Pertinent Information or Special Considerations.

a. Packaging, Packing and Shipping Instructions

i. Unless otherwise specified, preservation, packaging and packing shall be in accordance with commercial practice for bread and bakery products. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the first consuming activity. Packing shall be in accordance with commercial packing complying with Uniform Freight Classifications or National Motor Freight Classification, as applicable.

ii. Commercial labeling shall be acceptable provided the day or date of baking shall be shown in a conspicuous location. Production shall not precede delivery by more than 24 hours. Any commercial or additional labeling shall comply with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

b. Source of Manufacture

Items supplied under this contract are required to originate from a sanitary approved source. The supplier shall identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address, and plant code.

c. Metric Dimensions

Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376B and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Program Official will accept or reject the product.

d. Inspection and Acceptance Criteria

The Government reserves the right to inspect delivered goods for compliance of specifications, including but not limited to, correct products, quantities, proper packing, damaged goods, etc. Any items determined unacceptable will be refused with full credit/replacement due at the discretion of the Government. Replacement of rejected products shall be delivered the same day no later than 3:00 p.m., unless otherwise specified by the program official.

The Contractor shall be responsible for delivery to the appropriate locations specified by the delivery schedule or program official. The Contractor shall provide the necessary means to accomplish such delivery (e.g.: hand truck, dolly, cart, etc.) The Government assumes no obligation to provide and/or make available to the Contractor, any such means required for such delivery, nor shall the Government be required to accept shipment should the Contractor be unable to make delivery as required.

6. Risk Control Sanitation and Workmanship:

All items furnished under this contract shall be prepared, processed, and packed under sanitary conditions and in accordance with good commercial practice and approved standards established by the Food and Drug Administration. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, and all other contamination. Products shall be delivered in an enclosed truck, which protects the bread and bread products from the elements. Bread and bread products shall be delivered on racks and not stacked one on top of the other unless separated by shelving or spacers.

The VA Contracting Officer or his/her designee reserves the right to inspect the Offeror’s premises at any time during the life of the contract. A pre-award, on-site visit to inspect the manufacturing plant, personnel, process and packaging equipment and premises in order to verify compliance with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling storage, distribution, and sales of the products with the commercial marketplace may be performed by the government prior to contract award. If the plant of the apparent low offer or does not meet specification or is not acceptable, the quote will be rejected.

Specification and Standards:

The delivered products shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

Quality Assurance When required, the Federal Grain Inspection Service (FGIS), U.S Department of Agriculture, shall determine the quality assurance of the fresh bread according to the requirements of the CID or applicable standards or specifications. The fresh bread shall be examined or analyzed in accordance with applicable provision in the CID, solicitation, contract, or purchase order, and, when applicable, the United States Standards for Condition of Food container in effect on the date of the offer.

Contractor’s Certification By submitting a quote, the contractor certifies that the product offered meets the specified salient characteristics and requirements of the Federal Hospital Subsistence Guide; conforms to the producer’s own specifications and standards, including product characteristics, manufacturing procedures, quality control procedures, and storage and handling facilities located within the United States, its territories, or possessions; and is sold on the commercial market. The Government reserves the right to determine proof of such conformance prior to the first delivery from point of origin and any time thereafter, up to and including, delivery at final destination as may be necessary to determine conformance with the provisions of the contract.

Product Quality and Freshness The fresh bread and bakery products shall conform to the following freshness requirements:

a. Bread (loaf, muffins, hamburger buns and rolls) shall be delivered to the New Mexico VA Healthcare System within 48 hours after baking. Bread products shall be packaged in accordance with commercial practice. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the New Mexico VA Healthcare System.

b. Bread shall not be more than 48 hours old upon arrival at receiving point.

c. Brown and serve rolls shall be delivered within 48 hours after production.

d. Production date on individually wrapped items.

e. Bread slices, packages to include use-by-date markings which must be no more than 7-21 days upon delivery.

7. Place of Performance

The contractor shall provide fresh bread and bread products to Nutrition and Food Services at the New Mexico VA Health Care System located at 1501 San Pedro SE, Albuquerque, New Mexico, 87108.

8. Period of Performance

Base Year: 10/1/23 – 9/30/24 Option Year 1: 10/1/24 – 9/30/25 Option Year 2: 10/1/25 – 9/30/26 Option Year 3: 10/1/26 – 9/30/27 Option Year 4: 10/1/27 – 9/30/28

13. Delivery Schedule.

· Orders shall be placed on an as needed basis for delivery four (4) days a week, Monday, Tuesday, Thursday, and Friday from 6:00 a.m. to 10:00 a.m., in accordance with established delivery schedule, which may include National holidays.

· Specific quantities and delivery dates will be determined in accordance with the delivery schedule by the Program Official.

· Contractor will not substitute any items and will not increase or decrease quantities ordered without prior approval from the Program Official.

· Order numbers will be provided by the facility at the time the order placed.

· Orders can be placed by telephone, in written fax, or given to the contractor personnel as mutually agreed upon between the program official and the Contractor with the Government reserving the right to adjust orders 24 hours prior to scheduled delivery.

· Each order will show ship to and bill to addresses and purchase order number (if required).

· Quantities shown on previous pages represent the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. Actual quantities ordered may vary among the line items.

· Delivery Location: N&FS – Dairy Walk-In Refrigerator, BB 109 1501 San Pedro SE Albuquerque, NM 87108

NOTIFICATION OF LATE DELIVERY

The Cook Supervisor on duty, telephone (505) 265-1711 Ext 2298, shall be notified immediately by the Contractor of any circumstance which the Contractor believes will result in a late delivery (or non-delivery). Only the COTR or VA personnel authorized by the COTR have the authority to cancel a delivery or accept a ‘late’ delivery. In the event of non-delivery of bread and bread products in accordance with the contract, the Contractor shall not invoice for which non-delivery occurred. Natural disasters will be handled on a case-by-case basis.

PRODUCT AVAILABILITY:

Should any product under this contract become unavailable or available on a limited basis, either temporarily or permanently, the Contractor shall provide the Government with sufficient notification thereof, offering possible substitutions and/or alternative sources, to afford the Government adequate opportunity to approve or reject offered substitution and/or make other procurement arrangements.

PACKING LIST

There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: Contractor’s name and address; VA Purchase Order Number (if one is provided); the VA Facility and Service placing the order; the items shipped; and quantity.

RETURN POLICY

Offerors shall clearly indicate their return policy with their bid. Defective product or incorrect product shipped by contractor error shall be replaced at no cost to the Government. Product shipped by Government error may be returned subject to the contractor’s normal return policy. Offerors shall provide the name and telephone number for reporting delivery/product problems.

UTILIZATION OF CONTRACT

Delivery orders will be issued on an as-needed basis.

DELIVERIES AND INVOICING

While performing under this contract all vehicles used by the contractor shall be locked and the keys removed when not in use. This is intended to protect the contractor’s property as well as the safety of patients and staff at the medical centers.

PAYMENTS

Payments under this contract shall be made by Electronic Fund Transfer (EFT) by the VA or VCS Finance Center. See Clause 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration for further information.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Bread, Whole Wheat, Enriched, Pan Baked Sandwich

Rolls, Dinner, Whole Wheat, 12 per Package

Bread, White, Enriched, Pan Baked Sandwich

White Dinner Rolls, 24 per Package

Texas Toast, Enriched White Bread

Rye Bread 32 oz

Sourdough Bread 32 oz

White Hamburger Buns 8 per Package (sub for Whole Wheat Bun)

Submarine Rolls 24 per Package

Raisin Bread 15 Slice

Bread, Whole Wheat, Enriched, Pan Baked Sandwich

Rolls, Dinner, Whole Wheat, 12 per Package

Bread, White, Enriched, Pan Baked Sandwich

White Dinner Rolls, 24 per Package

Texas Toast, Enriched White Bread

Rye Bread 32 oz

Sourdough Bread 32 oz

White Hamburger Buns 8 per Package(sub for Whole Wheat Bun)

Submarine Rolls 24 per Package

Raisin Bread 15 Slice

Bread, Whole Wheat, Enriched, Pan Baked Sandwich

Rolls, Dinner, Whole Wheat, 12 per Package

Bread, White, Enriched, Pan Baked Sandwich

White Dinner Rolls, 24 per Package

Texas Toast, Enriched White Bread

Rye Bread 32 oz

Sourdough Bread 32 oz

White Hamburger Buns 8 per Package(sub for Whole Wheat Bun)

Submarine Rolls 24 per Package

Raisin Bread 15 Slice

Bread, Whole Wheat, Enriched, Pan Baked Sandwich

Rolls, Dinner, Whole Wheat, 12 per Package

Bread, White, Enriched, Pan Baked Sandwich

White Dinner Rolls, 24 per Package

Texas Toast, Enriched White Bread

Rye Bread 32 oz

Sourdough Bread 32 oz

White Hamburger Buns 8 per Package(sub for Whole Wheat Bun)

Submarine Rolls 24 per Package

Raisin Bread 15 Slice

Bread, Whole Wheat, Enriched, Pan Baked Sandwich

Rolls, Dinner, Whole Wheat, 12 per Package

Bread, White, Enriched, Pan Baked Sandwich

White Dinner Rolls, 24 per Package

Texas Toast, Enriched White Bread

Rye Bread 32 oz

Sourdough Bread 32 oz

White Hamburger Buns 8 per Package(sub for Whole Wheat Bun)

Submarine Rolls 24 per Package

Raisin Bread 15 Slice

A.4 DELIVERY SCHEDULE

4,300.00

1,000.00

400.00

600.00

900.00

50.00

50.00

425.00

125.00

50.00

4,300.00

1,000.00

400.00

600.00

900.00

50.00

50.00

425.00

125.00

50.00

4,300.00

1,000.00

400.00

600.00

900.00

50.00

50.00

425.00

125.00

50.00

4,300.00

1,000.00

400.00

600.00

900.00

50.00

50.00

425.00

125.00

50.00

4,300.00

1,000.00

400.00

600.00

900.00

50.00

50.00

425.00

125.00

50.00

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION B - CONTRACT CLAUSES

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

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

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

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

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

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

(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 FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Addendum to 52.212-4)

B.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved] [] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB…