36C26325R0038.docx

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8910--BHH - Supply - Unrestricted Solicitation Milk & Dairy Products
Solicitation number
36C26325R0038
Issued by

About this file

This is a solicitation for a 5-year IDIQ contract to provide milk and dairy products to the Department of Veterans Affairs Black Hills Health Care System locations in Fort Meade and Hot Springs, South Dakota. The solicitation (36C26325R0038) requires delivery of various milk products (2%, 1%, whole, skim, chocolate), cottage cheese, sour cream, butter, buttermilk, cream cheese, whipped cream, and yogurt, with deliveries required twice per week at each location between 5:30am and 3:30pm Monday through Friday.

The contract includes a base period of April 1, 2025 through March 31, 2026 and four one-year option periods through March 31, 2030. The minimum contract guarantee is $1,000 with a maximum ceiling of $400,000. Offers are due by March 13, 2025 at 17:00 CDT. This is an unrestricted competition under NAICS code 311511 with a size standard of 1,150 employees. Trade agreements apply and all products must have a minimum 10-day shelf life at delivery. The VA will evaluate offers using a Lowest Price Technically Acceptable (LPTA) approach. Contractors must submit offers electronically to joseph.bloomer@va.gov and technical questions are due by March 5, 2025.

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PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

568-25-3-2432-0082 36C26325R0038 02-27-2025 Joey Bloomer 515-699-5549 03-13-2025 17:00

CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

3600 30th Street, Bldg 7M Des Moines IA 50310 X Y 311511 1150 Employees N/A X Black Hills HCS Fort Meade VAMC 113 Comanche Road, Fort Meade, SD 57741 Hot Springs VAMC Hot Springs SD 57747 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

3600 30th Street, Bldg 7M Des Moines IA 50310

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide Milk & Dairy Products In Accordance With The Statement Of Work And Schedule Below.

Review And Follow INSTRUCTIONS TO OFFERORS In Section E - E.1 Addendum To

FAR 52.212-1.

Email ALL Required And Completed Documents To:

Joey Bloomer, joseph.bloomer@va.gov Trade Agreements Apply:

Complete the Trade Agreements Certificate For Each Line Item Estimated Contract Pricing Periods:

Year 1 Pricing Period: 04/01/2025 – 03/31/2026 Year 2 Pricing Period: 04/01/2026 – 03/31/2027 Year 3 Pricing Period: 04/01/2027 – 03/31/2028 Year 4 Pricing Period: 04/01/2028 – 03/31/2029 Year 5 Pricing Period: 04/01/2029 – 03/31/2030 See CONTINUATION Page X X X Jeffrey Brown

VA-VHA-RPOC-2024-0033

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.2 STATEMENT OF WORK25
SECTION C - CONTRACT CLAUSES28
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)28
C.2 52.216-18 ORDERING (AUG 2020)34
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)34
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)35
C.5 52.225-5 TRADE AGREEMENTS (NOV 2023)35
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)38
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)39
C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)39
C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)40
SECTION E - SOLICITATION PROVISIONS49
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)49
ADDENDUM to 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.53
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)54
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)57
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)58
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)58
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)59
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)59
E.8 52.212-2 Evaluation—Commercial Products and Commercial Services. (November 2021)60
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)61

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

3600 30th Street, Bldg 7M Des Moines IA 50310

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] Monthly

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

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

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

This Indefinite Quantity contract minimum guarantee is $1,000.00; the maximum spend (ceiling price) shall not exceed $400,000.00.

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
72,800.00
EA
__________________
__________________

Milk, 2%, 0.5 pint, 50/case Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing PRODUCT/SERVICE CODE: 8910 - Dairy Foods and Eggs

MANUFACTURER PART NUMBER (MPN): NA

17,000.00
EA
__________________
__________________

Milk, 1%, 0.5 pint, 50/case

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

20,800.00
EA
__________________
__________________

Milk, Whole, 0.5 pint, 50/case

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

10,400.00
EA
__________________
__________________

Milk, Skim, 0.5 pint, 50/case

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

11,600.00
EA
__________________
__________________

Milk, 1% Chocolate, 0.5 pint, 50/case

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, 1%, Gallon

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Milk, 2%, Gallon

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, Whole, Gallon

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

25.00
EA
__________________
__________________

Milk, Skim, Gallon

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

80.00
EA
__________________
__________________

Sour Cream, 5 #-tray 2

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Sour Cream, 1 oz, 100/case

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, Low Fat

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, small curd

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Butter, 1# qtrs, salted

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

301.00
EA
__________________
__________________

Buttermilk, 1%, quart

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

30.00
EA
__________________
__________________

Cream Cheese, 8 oz, brick

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Whipped Cream, Aero 20%, 14 ounces

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Yogurt, Vanilla, 24 ounces

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Yogurt, Plain, 24 ounces

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

72,800.00
EA
__________________
__________________

Milk, 2%, 0.5 pint, 50/case Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

17,000.00
EA
__________________
__________________

Milk, 1%, 0.5 pint, 50/case

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

20,800.00
EA
__________________
__________________

Milk, Whole, 0.5 pint, 50/case

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

10,400.00
EA
__________________
__________________

Milk, Skim, 0.5 pint, 50/case

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

11,600.00
EA
__________________
__________________

Milk, 1% Chocolate, 0.5 pint, 50/case

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, 1%, Gallon

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Milk, 2%, Gallon

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, Whole, Gallon

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

25.00
EA
__________________
__________________

Milk, Skim, Gallon

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

80.00
EA
__________________
__________________

Sour Cream, 5 #-tray 2

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Sour Cream, 1 oz, 100/case

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, Low Fat

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, small curd

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Butter, 1# qtrs, salted

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

301.00
EA
__________________
__________________

Buttermilk, 1%, quart

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

30.00
EA
__________________
__________________

Cream Cheese, 8 oz, brick

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Whipped Cream, Aero 20%, 14 ounces

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Yogurt, Vanilla, 24 ounces

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Yogurt, Plain, 24 ounces

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

72,800.00
EA
__________________
__________________

Milk, 2%, 0.5 pint, 50/case Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

17,000.00
EA
__________________
__________________

Milk, 1%, 0.5 pint, 50/case

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

20,800.00
EA
__________________
__________________

Milk, Whole, 0.5 pint, 50/case

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

10,400.00
EA
__________________
__________________

Milk, Skim, 0.5 pint, 50/case

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

11,600.00
EA
__________________
__________________

Milk, 1% Chocolate, 0.5 pint, 50/case

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, 1%, Gallon

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Milk, 2%, Gallon

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, Whole, Gallon

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

25.00
EA
__________________
__________________

Milk, Skim, Gallon

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

80.00
EA
__________________
__________________

Sour Cream, 5 #-tray 2

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Sour Cream, 1 oz, 100/case

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, Low Fat

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, small curd

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Butter, 1# qtrs, salted

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

301.00
EA
__________________
__________________

Buttermilk, 1%, quart

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

30.00
EA
__________________
__________________

Cream Cheese, 8 oz, brick

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Whipped Cream, Aero 20%, 14 ounces

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Yogurt, Vanilla, 24 ounces

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Yogurt, Plain, 24 ounces

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

72,800.00
EA
__________________
__________________

Milk, 2%, 0.5 pint, 50/case Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

17,000.00
EA
__________________
__________________

Milk, 1%, 0.5 pint, 50/case

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

20,800.00
EA
__________________
__________________

Milk, Whole, 0.5 pint, 50/case

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

10,400.00
EA
__________________
__________________

Milk, Skim, 0.5 pint, 50/case

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

11,600.00
EA
__________________
__________________

Milk, 1% Chocolate, 0.5 pint, 50/case

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, 1%, Gallon

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Milk, 2%, Gallon

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, Whole, Gallon

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

25.00
EA
__________________
__________________

Milk, Skim, Gallon

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

80.00
EA
__________________
__________________

Sour Cream, 5 #-tray 2

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Sour Cream, 1 oz, 100/case

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, Low Fat

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, small curd

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Butter, 1# qtrs, salted

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

301.00
EA
__________________
__________________

Buttermilk, 1%, quart

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

30.00
EA
__________________
__________________

Cream Cheese, 8 oz, brick

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Whipped Cream, Aero 20%, 14 ounces

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Yogurt, Vanilla, 24 ounces

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Yogurt, Plain, 24 ounces

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

72,800.00
EA
__________________
__________________

Milk, 2%, 0.5 pint, 50/case Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

17,000.00
EA
__________________
__________________

Milk, 1%, 0.5 pint, 50/case

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

20,800.00
EA
__________________
__________________

Milk, Whole, 0.5 pint, 50/case

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

10,400.00
EA
__________________
__________________

Milk, Skim, 0.5 pint, 50/case

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

11,600.00
EA
__________________
__________________

Milk, 1% Chocolate, 0.5 pint, 50/case

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, 1%, Gallon

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Milk, 2%, Gallon

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Milk, Whole, Gallon

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

25.00
EA
__________________
__________________

Milk, Skim, Gallon

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

80.00
EA
__________________
__________________

Sour Cream, 5 #-tray 2

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Sour Cream, 1 oz, 100/case

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, Low Fat

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Cottage Cheese, 5 #-tray 2, small curd

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

100.00
EA
__________________
__________________

Butter, 1# qtrs, salted

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

301.00
EA
__________________
__________________

Buttermilk, 1%, quart

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

30.00
EA
__________________
__________________

Cream Cheese, 8 oz, brick

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Whipped Cream, Aero 20%, 14 ounces

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

300.00
EA
__________________
__________________

Yogurt, Vanilla, 24 ounces

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

50.00
EA
__________________
__________________

Yogurt, Plain, 24 ounces

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 311514 - Dry, Condensed, and Evaporated Dairy Product Manufacturing

GRAND TOTAL
__________________

36C26325R0038

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Provide Milk Products listed in the Schedule utilizing a 5-year IDIQ with 5 one-year ordering periods for the following Department of Veterans Affairs, Medical Centers:

· VA Black Hills (Hot Springs and Fort Meade campuses)

1. PRODUCT SPECIFICATIONS & SALIENT CHARACTERISTICS:

a. All products offered within a Bid Group will be available to be ordered for delivery at any location within that Bid Group.

b. Each location will phone or electronically send in delivery orders for milk products to the Contractor.

i. Fort Meade facility will require deliveries two (2) days per week. Order will NOT be required to be placed more than one week prior to delivery day.

ii. Hot Springs facility will require deliveries two (2) days per week. Order will NOT be required to be placed more than one week prior to delivery.

c. 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.

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

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

f. Please indicate the time orders are to be placed by location:

Fort Meade, SD3 working day prior to delivery
Hot Springs, SD3 working days prior to delivery

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/Vendors who do not use open dating will provide a product code number key listing to each 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. All products listed within this contract are to be available to any VA listed in the contract at the same price quoted in the contract.

4. PRODUCT QUALITY AND FRESHNESS.

a. All milk and dairy products shall be delivered to the requested destinations 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 POC, 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 VA Fort Meade, SD & VA Hot Springs, SD personnel to place delivery orders (DO) for products listed in the schedule of pricing.

b. Orders shall be placed no less than 1 workday 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 5:30am and 3:30PM, local time, on Monday through Friday, as requested by POC, excluding Saturdays, Sundays, and federal holidays.

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

1. VA Health Care System Dietetics Service Building 146 (Hospital) Fort Meade, SD 57741

2. VA Health Care System Dietetics Service, Building 53 Hospital Kitchen 500 North 5th Street Hot Springs, SD 57747

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/Vendor shall provide the estimated milk and dairy requirements as described in the Schedule of Items to the VA Black Hills Care System, in accordance with specifications contained herein.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 04/01/2025 through 03/31/2030.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, 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 $40,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 30 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.,…

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