36C26319Q0089-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 52

36C26319Q0089 11/5/18

Josh Imdacha 7012393700x3804 11/12/18 4pm

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street

FARGO ND 58102

x

311511

1000 Employees

X

N/A

X

DEPARTMENT OF VETERAN AFFAIRS

FARGO VA HEALTH CARE SYSTEM

2101 NORTH ELM STREET

FARGO ND 58102

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street

FARGO ND 58102

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540 x

See CONTINUATION Page

IDIQ FOR MILK & DAIRY PRODUCTS FOR THE FARGO ND VA

SEE SCHEDULE & SOW FOR DETAILS

BASE ORDERING PERIOD: DATE OF AWARD TO 9/30/2019

ORDERING PERIOD 1: 10/1/2019-9/30/2020

ORDERING PERIOD 2: 10/1/2020-9/30/2021

ORDERING PERIOD 3: 10/1/2021-9/30/2022

ORDERING PERIOD 4: 10/1/2022-9/30/2023

See CONTINUATION Page

X X

X 1

36C26319Q0089

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 24

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.7 VAAR 852.246-71 INSPECTION (2008) ALTERNATE I (JAN 2008)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (AUG 2018)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street

FARGO ND 58102

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON ACCEPTANCE

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

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Provide Milk Products listed in the Schedule for the period of (date of award) through September 30, 2019, with four (4) 12-month ordering periods for the following Department of Veterans Affairs, Medical Centers:

• Fargo VAHCS Fargo, ND

1. PRODUCT SPECIFICATIONS:

a. The Fargo VAHCS will prepare a written order which will be available prior to delivery for milk products to the Contractor.

b. Fargo will require two (2) deliveries per week on Mondays and Thursdays between 8 and 11 am.

The order will not be required to be placed more than one week prior to delivery.

c. Contractor/deliverer will check stock on hand located in the main kitchen walk -in cooler room

2E-48 and the weekly milk usage/stock schedule.

d. The delivery will be the current day plus any additional days until the next delivery minus the stock on hand.

e. Contractor will have the delivery checked in by a Nutrition and Food Services employee who has been delegated the authority.

f. All items must be delivered at a refrigerated temperature between 32 to 45 degrees Fahrenheit. If items do not meet this requirement, they may be rejected.

g. If an item has been ordered and is not available at the time of delivery, it will be the vendor’s responsibility to obtain the necessary product that day.

h. All delivery tickets and invoices referencing the purchase order number must show the total items delivered for each line item.

i. The Government does not guarantee the estimated yearly quantity.

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

3. PACKAGING, PACKING AND LABELING. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated there under.

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

Contractors who do not use open dating will provide a product code number key listing to the customer facility. The product code number key listing shall explain the actual date of production or processing. Copies of key-codes will be furnished to each destination receiving officer and each destination inspection agency with the first delivery.

b. Offeror is to provide pricing for both each and squat containers, if available. Individual delivery locations will decide which container type to order.

c. The Government anticipates making a single contract award in the aggregate.

d. Evaluation of offers will be based on capability to meet the Government requirements, past performance, and price. Preference may be given to offers that provide prices for product in containers as specified. However, vendors may offer alternate container (packaging) options and pricing. Award will be made to the offeror that is determined to be the best value for the Government. Alternative methods, (i.e. hormone free milk) are encouraged. If presenting alternative methods, please specify that in your bid.

4. PRODUCT QUALITY AND FRESHNESS.

a. All milk and dairy products shall be delivered to the requested destination as listed in the schedule. All milk and dairy products furnished under this contract shall be fresh and of the highest quality.

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

c. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance with best commercial practice.

d. Any commercial or additional labeling as specified which complies with the U.S. Food, Drug and

Cosmetic Act and regulations promulgated there under, is acceptable.

e. 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 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 COTR, in accordance with the Contracting Officer, will accept or reject the product.

5. FRESHNESS REQUIREMENTS FOR DAIRY PRODUCTS. Fluid dairy and other products shall have a minimum of ten (10) days shelf life remaining at the time of delivery commensurate with good commercial practice and at a minimum, maintain grade A standards.

6. DELIVERIES OR PERFORMANCE.

a. The Contracting Officer shall authorize Fargo, ND personnel to place delivery orders for products listed in the schedule of pricing.

b. Orders shall be placed no less than 1 work day prior to the required delivery date, upon delivery at the receiving location, items ordered shall be less than 24 hours old.

c. Deliveries shall be made between 8:00am and 11:00am, local time, on Monday and Thursday, as requested by the COTR or his/her designee.

d. Deliveries shall be made within the premises at the following locations:

1. Fargo VAHCS

2101 Elm Street North Fargo, ND 58102 Main kitchen dairy cooler Room 2E-48

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

8. DESCRIPTION OF SUPPLIES/SCHEDULE OF PRICE/COSTS: Contractor shall provide the estimated milk and dairy requirements as described in the schedule to the Fargo VA Healthcare System in accordance with specifications contained herein. The Government anticipates award of a Firm Fixed-Price Estimated Requirements contract for the period (Date of award) through September 30, 2019. The Government does not guarantee the estimated yearly quantity. Any proposed alternate items shall meet the requirements of the Government specifications as cited in the Index of Federal Specifications/Standards (FED) and or commercial Item Description (CID). A-A-20052B and A-A- 20053B. The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

Base ordering period: Date of award through September 30, 2019

Item # Description/Part Number* Qty

ITEM ID NO. 2883 MILK, 1% LOWFAT,

GROUP A, TYPE II OR III (1% BF), HALF

PINT (236 ml) PLASTIC/FIBER CARTON, FG

2. FOOD GROUP: 2 PKG: 1 per EA

57000

ITEM ID NO. 2884 MILK, LOWFAT, GROUP

A, TYPE II OR III (1% BF), HALF GALLON

(1.89L) PLASTIC/FIBER CARTON, FG 2.

FOOD GROUP: 2 PKG: 1 per EA

ITEM ID NO. 6086 MILK, CHOCOLATE

FLAVORED, FAT FREE, GROUP A, TYPE VI.

CLASS 2, HALF PINT (236 ml)

PLASTIC/FIBER CARTON, FG 2. FOOD

GROUP: 2 PKG: 1 per EA

12750

ITEM ID NO. 5617 MILK SKIM (NONFAT),

GROUP A TYPES IV OR V HALF GALLON

(1.89 L), PLASTIC/FIBER CARTON, FG 2.

FOOD GROUP: 2 PKG: 1 per EA

ITEM ID NO; POPSICLES, 24 EACH/BOX

1.75 FL OZ POPS, ASSORTED POPS, 150

ITEM ID NO. 2889 SOUR CREAM,

CULTURED OR ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB (.45 Kg) PLASTIC/FIBER CARTON, FG 2. FOOD GROUP: 2 PKG: 1 per

EA

ITEM ID NO. 2892 CHEESE, COTTAGE,

TYPE II, (LOWFAT), GROUP A OR B, SUB

GROUP 1 OR 2, CLASS 1 (UNFLAVORED),

STYLE A OR B, (SMALL OR LARGE CURD),

5 LB (2.27 Kg) PACKAGE PLASTIC/FIBER CARTON, FG 2 FOOD GROUP: 2 PKG: 1 per

EA

ITEM ID NO. YOGURT, CHILLED,

NONFAT or LOW FAT (CIRCLE ONE), PLAIN, 6 oz (170 GM) PLASTIC/FIBER CARTON, FG

2. FOOD GROUP: 2 PKG: 1 per EA NOTE:

NONFAT IS PREFERED

ITEM ID NO. YOGURT, CHILLED,

NONFAT or LOW FAT (CIRCLE ONE), VANILLA, 24 oz (680 G) PLASTIC/FIBER CARTON, FG 2. FOOD GROUP: 2 PKG: 1 per

EA NOTE: NONFAT IS PREFERED

ITEM ID NO. YOGURT, CHILLED,

NONFAT, LEMON OR LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g)

PLASTIC/FIBER CARTON, FG 2. FOOD

GROUP: 2 PKG: 1 per EA

MILK, WHOLE (4% BF), GROUP A, TYPE I,

HALF PINT (236 ML); PLASTIC/FIBER

CARTON FG-2 PKG: 1 per EA

ITEM ID NO. YOGURT, CHILLED,

LOWFAT, ASSORTED FLAVORS, 6 OZ

CARTONS (226.8 g); PLASTIC/FIBER CARTON, FG 2. Prefer 8OZ but will accept 6OZ

13. ITEM ID NO. FRUIT PUNCH(less than 1% fruit Juice) PASTEURIZED, CHILLED, GALLON CO. PLASTIC/FIBER CARTON, FG6, PKG:1/2 GAL PER EA

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 MILK, 1% LOWFAT,

GROUP A, TYPE II OR

57,000 ea __________________ __________________

III (1% BF), HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

POP End:

0002 MILK, LOWFAT,

III (1% BF), HALF

GALLON (1.89L)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1,500.00 ea __________________ __________________

0003 MILK, CHOCOLATE

FLAVORED, FAT

FREE, GROUP A, TYPE

VI. CLASS 2, HALF

PINT (236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

12,750.00 ea __________________ __________________

0004 MILK SKIM (NONFAT),

GROUP A TYPES IV

OR V HALF GALLON

(1.89 L), PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

0005 POPSICLES, 24

EACH/BOX 1.75 FL OZ

POPS, ASSORTED

POPS

Contract Period: Base POP Begin:

150.00 ea __________________ __________________

0006 SOUR CREAM,

CULTURED OR

ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB

(.45 Kg)

PLASTIC/FIBER

CARTON

75.00 ea __________________ __________________

Contract Period: Base

0007 CHEESE, COTTAGE,

TYPE II, (LOWFAT),

GROUP A OR B, SUB

GROUP 1 OR 2, CLASS

1 (UNFLAVORED),

STYLE A OR B,

(SMALL OR LARGE

CURD), 5 LB (2.27 Kg)

PACKAGE

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

265.00 ea __________________ __________________

0008 YOGURT, CHILLED,

NONFAT or LOW FAT

(CIRCLE ONE), PLAIN,

6 oz (170 GM)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

375.00 ea __________________ __________________

0009 YOGURT, CHILLED,

(CIRCLE ONE),

VANILLA, 24 oz (680 G)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

0010 YOGURT, CHILLED,

NONFAT, LEMON OR

LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

600.00 ea __________________ __________________

0011 MILK, WHOLE (4%

BF), GROUP A, TYPE I,

HALF PINT (236 ML)

Contract Period: Base

7,500.00 ea __________________ __________________

0012 YOGURT, CHILLED,

LOWFAT, ASSORTED

FLAVORS, 6 OZ

CARTONS (226.8 g);

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

0013 FRUIT PUNCH(less than 1% fruit Juice)

PASTEURIZED,

CHILLED, GALLON

CO. PLASTIC/FIBER

225.00 ea __________________ __________________

BASE PERIOD

TOTAL

ORDERING PERIOD 1

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

1001 MILK, 1% LOWFAT,

GROUP A, TYPE II OR

III (1% BF), HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1002 MILK, LOWFAT,

III (1% BF), HALF

GALLON (1.89L)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1003 MILK, CHOCOLATE 12,750.00 ea __________________ __________________

FLAVORED, FAT FREE,

GROUP A, TYPE VI.

CLASS 2, HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base

1004 MILK SKIM (NONFAT),

GROUP A TYPES IV OR

V HALF GALLON (1.89

L), PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1005 POPSICLES, 24

POPS, ASSORTED

POPS

Contract Period: Base POP Begin:

1006 SOUR CREAM,

ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB

(.45 Kg)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1007 CHEESE, COTTAGE,

GROUP A OR B, SUB

GROUP 1 OR 2, CLASS

1 (UNFLAVORED),

STYLE A OR B,

(SMALL OR LARGE

CURD), 5 LB (2.27 Kg)

PACKAGE

PLASTIC/FIBER

CARTON

Contract Period: Base

1008 YOGURT, CHILLED,

(CIRCLE ONE), PLAIN,

6 oz (170 GM)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1009 YOGURT, CHILLED,

(CIRCLE ONE),

VANILLA, 24 oz (680 G)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1010 YOGURT, CHILLED,

LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g) PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

1011 MILK, WHOLE (4% BF),

GROUP A, TYPE I,

HALF PINT (236 ML)

Contract Period: Base POP Begin:

1012 YOGURT, CHILLED,

FLAVORS, 6 OZ

CARTONS (226.8 g);

PLASTIC/FIBER

CARTON

Contract Period: Base

1013 FRUIT PUNCH(less than

PASTEURIZED,

CHILLED, GALLON

CO. PLASTIC/FIBER

CARTON

POP Begin:

PERIOD 1 TOTAL __________________

ORDERING PERIOD 2

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

2001 MILK, 1% LOWFAT,

GROUP A, TYPE II OR

III (1% BF), HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2002 MILK, LOWFAT,

III (1% BF), HALF

GALLON (1.89L)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2003 MILK, CHOCOLATE

GROUP A, TYPE VI.

CLASS 2, HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base

2004 MILK SKIM (NONFAT),

V HALF GALLON (1.89

L), PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2005 POPSICLES, 24

POPS, ASSORTED

POPS

Contract Period: Base POP Begin:

2006 SOUR CREAM,

ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB

(.45 Kg)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2007 CHEESE, COTTAGE,

GROUP A OR B, SUB

GROUP 1 OR 2, CLASS

1 (UNFLAVORED),

STYLE A OR B,

(SMALL OR LARGE

CURD), 5 LB (2.27 Kg)

PACKAGE

PLASTIC/FIBER

CARTON

2008 YOGURT, CHILLED,

(CIRCLE ONE), PLAIN,

6 oz (170 GM)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2009 YOGURT, CHILLED,

(CIRCLE ONE),

VANILLA, 24 oz (680 G)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2010 YOGURT, CHILLED,

LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g) PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

2011 MILK, WHOLE (4% BF),

HALF PINT (236 ML)

Contract Period: Base POP Begin:

2012 YOGURT, CHILLED,

FLAVORS, 6 OZ

CARTONS (226.8 g);

PLASTIC/FIBER

2013 FRUIT PUNCH(less than

PASTEURIZED,

CHILLED, GALLON

CO. PLASTIC/FIBER

CARTON

POP Begin:

PERIOD 2 TOTAL __________________

ORDERING PERIOD 3

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

3001 MILK, 1% LOWFAT,

GROUP A, TYPE II OR

III (1% BF), HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3002 MILK, LOWFAT,

III (1% BF), HALF

GALLON (1.89L)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3003 MILK, CHOCOLATE

GROUP A, TYPE VI.

CLASS 2, HALF PINT

(236 ml)

PLASTIC/FIBER

3004 MILK SKIM (NONFAT),

V HALF GALLON (1.89

L), PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3005 POPSICLES, 24

POPS, ASSORTED

POPS

Contract Period: Base POP Begin:

3006 SOUR CREAM,

ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB

(.45 Kg)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3007 CHEESE, COTTAGE,

GROUP A OR B, SUB

GROUP 1 OR 2, CLASS

1 (UNFLAVORED),

STYLE A OR B,

(SMALL OR LARGE

CURD), 5 LB (2.27 Kg)

PACKAGE

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3008 YOGURT, CHILLED,

(CIRCLE ONE), PLAIN,

6 oz (170 GM)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3009 YOGURT, CHILLED,

(CIRCLE ONE),

VANILLA, 24 oz (680 G)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3010 YOGURT, CHILLED,

LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g) PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3011 MILK, WHOLE (4% BF),

HALF PINT (236 ML)

Contract Period: Base POP Begin:

3012 YOGURT, CHILLED,

FLAVORS, 6 OZ

CARTONS (226.8 g);

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

3013 FRUIT PUNCH(less than

PASTEURIZED,

CHILLED, GALLON

CO. PLASTIC/FIBER

CARTON

POP Begin:

PERIOD 3 TOTAL __________________

ORDERING PERIOD 4

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

4001 MILK, 1% LOWFAT,

GROUP A, TYPE II OR

III (1% BF), HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4002 MILK, LOWFAT,

III (1% BF), HALF

GALLON (1.89L)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4003 MILK, CHOCOLATE

GROUP A, TYPE VI.

CLASS 2, HALF PINT

(236 ml)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4004 MILK SKIM (NONFAT),

V HALF GALLON (1.89

L), PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4005 POPSICLES, 24

POPS, ASSORTED

POPS

Contract Period: Base POP Begin:

4006 SOUR CREAM,

ACIDIFIED, TYPE XII,

CLASS 1 OR 2, 1 LB

(.45 Kg)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4007 CHEESE, COTTAGE,

GROUP A OR B, SUB

GROUP 1 OR 2, CLASS

1 (UNFLAVORED),

STYLE A OR B,

(SMALL OR LARGE

CURD), 5 LB (2.27 Kg)

PACKAGE

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4008 YOGURT, CHILLED,

(CIRCLE ONE), PLAIN,

6 oz (170 GM)

PLASTIC/FIBER

CARTON

Contract Period: Base

4009 YOGURT, CHILLED,

(CIRCLE ONE),

VANILLA, 24 oz (680 G)

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4010 YOGURT, CHILLED,

LEMON CHIFFON, 6

OZ (170.1 g) TO 32 OZ (907 g) PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4011 MILK, WHOLE (4% BF),

HALF PINT (236 ML)

Contract Period: Base POP Begin:

4012 YOGURT, CHILLED,

FLAVORS, 6 OZ

CARTONS (226.8 g);

PLASTIC/FIBER

CARTON

Contract Period: Base POP Begin:

4013 FRUIT PUNCH(less than 225.00 ea __________________ __________________

PASTEURIZED,

CHILLED, GALLON

CO. PLASTIC/FIBER

CARTON

PERIOD 4 TOTAL __________________

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 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 Date of award to 9/30/2023.

(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.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $23,000.00;

(2) Any order for a combination of items in excess of $146,000.00; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 9/30/2023.

(End of Clause)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond 9/30/2019. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.7 VAAR 852.246-71 INSPECTION (2008) ALTERNATE I (JAN 2008)

The contractor shall remove rejected supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for nor pay for products rejected. The contractor will be liable for costs incident to examination of rejected products.

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(AUG 2018)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

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

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

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

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

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

[] (5) [Reserved]

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

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

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

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

[] (10) [Reserved]

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

657a).

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

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

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

[] (13) [Reserved]

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

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

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

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

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

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

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

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

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

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

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

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

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

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

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

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

13126).

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

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

[] (ii) Alternate I (FEB 1999) of 52.222-26.

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

[] (ii) Alternate I (JULY 2014) of 52.222-35.

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

[] (ii) Alternate I (JULY 2014) of 52.222-36.

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

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

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

13627).

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

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

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

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

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

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

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

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

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

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

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

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

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

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

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

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

[] (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

Employee Class Monetary Wage-Fringe Benefits

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

chapter 67).

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

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

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

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

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

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

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

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

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

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

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

13627).

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

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

chapter 67).

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

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

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

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

JAN 2017

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror who offers the Lowest Priced Technically Acceptable quote. The government shall evaluate the lowest quote first and if found technically acceptable will not evaluate other quotes. The following factor will be evaluated in determining technical acceptability:

Technical capability.

The government will consider past performance when making a contractor responsibility determination IAW 9.104-3(b).

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.