HT941024A0009 - SPS Released Copy.pdf

25. TOTAL

GRANDIDA, LLC

GRANDIDA LLC

GABRIEL SOBANDE

1881 SW 164TH AVE

MIRAMAR FL 33027-4472

CODE 91H66

17. ACCOUNTING AND APPROPRIATION DAT A/ LOCAL USE

36. I cert ify this account is correct and proper for payment.

6. ISSUED BY CODE

9. CONTRACTOR

CODE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES

26. QUANTITY IN COLUMN 20 HAS BEEN

SIGNATURE OF AUTHORIZED GOVT. REP.DATE

DAT E SIGNATURE AND TITLE OF CERTIFYING OFFICER

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED

(YYYYMMMDD)

HT941024A0009

1. CONTRACT/PURCH. ORDER/

AGREEMENT NO.

* If quantity accepted by the Government is same as quantity accepted below quantity ordered and encircle.

DELIVERY/16.

14. SHIP TO

HT9410

DD Form 1155, JAN 1998 (EG) PREVIOUS EDITION MAY BE USED.

SEE SCHEDULE

2. DELIVERY ORDER/ CALL NO.

23PAGE 1 OF

5. PRIORITY

CODE

8. DELIVERY FOB

DEST

OTHER

(See Schedule if other)

MARK IF BUSINESS IS11.

X

SMALL

SMALL

DISADVANTAGED

WOMEN-OWNED

CRCARD

MARK ALL

PACKAGES AND

PAPERS WITH

IDENTIFICATIO N

NUMBERS IN

BLO CKS 1 AND 2.

23. AMOUNT

27. SHIP NO. 28. DO VOUCHER NO.

PARTIAL

FINAL

32. PAID BY 33. AMOUNT VERIFIED

CORRECT FOR

31. PAYMENT

COMPLETE

34. CHECK NUMBER

PARTIAL

FINAL 35. BILL OF LADING NO.

40.TOTAL

CONTAINERS

41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.

ORDER FOR SUPPLIES OR SERVICES

3. DATE OF ORDER/CALL

2024 Aug 01

4. REQ./ PURCH. REQUEST NO.

SEE ITEM 6

FACILITY 10. DELIVER TO FOB POINT BY (Date)

SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 Days

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

See Item 15

15. PAYMENT WILL BE MADE BY CODE

CRCARD

DFAS DEAMS

27 ARKANSAS RD

LIMESTONE ME 04751

This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.

TYPE CALL

OF PURCHASE

ORDER

SEE SCHEDULE

X

7. ADMINISTERED BY

DHA CONTRACTING OFFICE SAN DIEGO HT9410

7700 ARLINGTON BLVD

ATTN WEST DIV

FALLS CHURCH VA 22042

24. UNITED STATES OF AMERICA

TEL:210-792-6140

EMAIL: kennette.m.esguerra.civ@health.mil

CONTRACTING / ORDERING OFFICER

quantity ordered, indicate by X. If different, enter actual

BY:KENNETTE M ESGUERRA

1If this box is marked, supplier must sign Acceptance and return the following number of copies:X

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE

(YYYYMMMDD)

DATE SIGNED

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS

AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

Reference your quote dated

Furnish the following on terms specified herein. REF:

20. QUANTITY

ORDERED/

ACCEPTED*

21. UNIT 22. UNIT PRICE

DIFFERENCES

29.

30.

INITIALS

HT941024A0009

Section B - Supplies or Services and Prices

PRICING SCHEDULE

PRICE LIST

Cafeteria Supplies Price Sheet

DESCRIPTION UNIT UNIT PRICE

1 CLAMSHELL HINGED LID THREE COMPARTMENT CONTAINER 9x9x3 CS $50.75

2 COMMERCIAL COFFEE FILTER 6GAL URN STYLE FLAT BOTTOM CS $40.10

3 12-INCH FILM WRAP 12" X 2000 FT Roll $12.06 4 24-INCH FILM WRAP 24" X 2000 FT Roll $25.29

5 2-OZ. POLYSTYRENE PORTION CUP TRANSLUCENT CS $28.18

6 CUP LIDS PET FITS 1.2OZ TO 2.5 OZ CUPS CLEAR CS $29.99

7 9-OZ. CRYSTEL-CLEAR COLD CUP CS $49.44

8 9-OZ. PLASTIC SQUAT CUP LID STRAW-SLOT LIDS FITS 9OZ SQUAT

/12OZ PET CUPS

CS $32.98

9 16-OZ. DOUBLE SIDED POLY PAPER COLD CUPS CS $151.03

10 16-OZ. STRAW-SLOT COLD CUP LIDS FITS 9OZ TO 20OZ CUPS CS $40.53

11 16-OZ. SOUP BOWL 4.4"DIAMETER X 3"H CS $101.45

12 16-OZ. SOUP BOWL LID 4.6"DIAMETER CS $96.01

13 24-OZ. RENEWABLE AND COMPOSTABLE SALAD BOWLS WITH LIDS CS $102.34

14 32-OZ. RENEWABLE AND COMPOSTABLE SALAD BOWLS WITH LIDS CS $109.24

15 INTERFOLD DISPENSER NAPKINS 1 PLY BAG-PACK 13 X 8.5" WHITE CS $78.59

16 MEDIUM GLOVES DISPOSABLE POWDER-FREE NITRILE GLOVES BLUE CS $4.50

17 LARGE GLOVES DISPOSABLE POWDER-FREE NITRILE GLOVES BLUE CS $4.50

18 STRAW, WRAPPED STRAW 7.75" CS $140.79

19 16-OZ. HOT CUP SLEEVES CS $52.97

20 16-OZ. HOT CUP LIDS LIFT BACK AND LOCK TAB LIDS FOR PAPER CUTS CS $55.88

21 TOOTHPICKS WRAPPED WOOD TOOTHPICKS 2.5" CS $43.02

22 ALUMINUM FOIL STANDARD ALUMINUM FOIL ROLL 24IN X 1000FT Roll $48.66

23 PAPER HATS, FOOD SERVICE ADJUSTABLE ONE SIZE FITS ALL WHITE

(1000/CS)

CS $134.19

24 DISPOSABLE LID 9OZ COLD CUP LIDS TRANSLUCENT CS $50.39

25 DISPOSABLE LID FOR 9-OZ. BOWLS AND CONTAINERS CS $63.78

26 PLASTIC LIDS FITS 12OZ TO 24 OZ HOT/COLD CUPS STRAW-SLOT LID

WHITE

CS $65.70

27 DOME LID FOR SQUARE BOWL LARGE VENTED SQUARE 8.5 X 8.5 X 1

CLEAR PLASTIC

CS $76.59

28 BAGS, PAPER LUNCH BAGS 5.13 X 10.38 PK $79.97

29 FENWICK 8-OZ. ONYX INSULATED MUG (48/CS) CS $131.85

30 FENWICK 5-OZ. ONYX INSULATED BOWL (48/CS) CS $131.85

31 FENWICK 9-OZ. ONYX INSULATED BOWL (48/CS) CS $131.85

32 9-OZ. CLASSIC CRYSTLE PLASTIC TUMBLERS CLEAR CS $77.99

33 BOWL, 12-OZ. BLACK SQUARE 5 X 5 X 2 BLACK PLASTIC CS $77.99

34 16-OZ. PAPER HOT CUP CS $52.59

BPA Master Dollar Limit: $3,500,000.00 BPA Call Limit: $250,000.00

Period of Performance: 01-Aug-2024 to 31-Jul-2029

PSC Codes:

Section F - Deliveries or Performance

STATEMENT OF WORK

STATEMENT OF WORK

30 May 2024

1. Scope: The contractor shall deliver consumable supplies that are ecofriendly/biodegradable and recyclable to the Cafeteria at the Naval Medical Center San Diego (NMCSD). California is Styrofoam free state and we are not allowed to have Styrofoam products in our facility. All materials that we use shall be ecofriendly and biodegradable. See Cafeteria supplies price sheet List of ecofriendly/biodegradable and recyclable items. The required ecofriendly/biodegradable and recyclable Cafeteria supplies support, take out options of NMCSD Cafeteria patrons and enhances general customer satisfaction of the Naval Medical Center. Therefore, the contractor shall be responsive and shall be compliant with all orders/calls placed against this contract.

Naval Medical Center San Diego (NMCSD) shall not accept any products made of Styrofoam.

2. Contractor Requirements: The contractor shall deliver ecofriendly/biodegradable and recyclable Cafeteria supplies, in accordance with the call order, to the NMCSD’s Nutrition Management Department (NMD) on a monthly basis. The contractor shall be responsible to contact NMD Point of Contact (POC) personnel to confirm monthly Orders. The contractor must maintain internet and e-mail access to receive and acknowledge Orders.

2.1. Ordering Process. Healthcare Contracting Division - West (HCD-W) authorized Contracting Officers will create and place Calls against this agreement at least five to seven working days from the required delivery date. Each Order will reflect the proper line item and unit price as listed on the contract award. The contractor shall comply with each Order requirement including Quantity and Delivery schedule. Calls will be placed on a monthly basis, one order per month, except during emergent situations. The contractor shall comply with emergent Calls when placed against this contract. Limit one emergent Order per month. Emergent Order(s) may result from situations like, but not limited to, when current NMCSD Cafeteria supply inventory(ies) is (are) dwindling faster than normal level and that would require immediate reordering of supplies, and/or situations when Cafeteria special events would require a Call for specific supplies to support such events. Historically, emergent orders happened no more than twice a year and the delivery response timeframe are the same as the normal/regular monthly Call (five to seven working days).

2.2. Ordering Hours. The contractor shall work within the Healthcare Contracting Division - West (HCD-W) hours of operations from 07:00 AM to 04:00 PM, Monday through Friday.

2.3. Shipments. Contractor shall include packing slip with each delivery reflecting: Blanket Purchase Agreement (BPA) number, current call number, date Order was placed, name and title of person placing Order and an itemized list of supplies included in Call.

3. Delivery: The contractor shall make delivery of each Call items within five to seven working days from the date the Order was placed. The contractor shall make deliveries at the NMCSD’s loading dock building 26 on the 15th day of each month between the hours of 08:00 AM to 01:00

PM. If the 15th day of the month falls on a weekend or a federal holiday, the contractor shall coordinate with NMD’s POC to make delivery on a workday before or after the due date that falls on a weekend or federal holiday. Any deliveries made past 01:00 PM will be rejected, and the contractor shall be made responsible for any costs associated with re-scheduling of missed delivery/ies.

The contractor shall make deliveries to the following address and Point of Contact (POC):

Naval Medical Center San Diego, Loading Dock building 26.

ATTN: Nutrition Management Department (NMD) 34800 Bob Wilson Drive San Diego, CA 92134

POC: Ogonna Igbo Tel. #: 619-532-8531 Email: ogonna.a.igbo.civ@health.mil

4. Reporting: The contractor shall submit, not later than the 15th day of each month, a detailed monthly report to the NMD POC. The report shall include order number, purchase date, product description, quantity ordered, unit of issue, unit price, total monthly dollars spent, and contract items price and quantity ceiling balances.

5. Contractor Certification: The contractor shall be licensed and maintain compliance with any and all Federal, State, City, OSHA and industry rules and regulations pertaining to this type of business. The government reserves the right to inspect for compliance at any time.

6. Security: The contractor shall comply with the latest version of OPNAV Instruction 5530.14E, “Navy Physical Security and Law Enforcement Program”, as applicable.

RAPIDGate®: NMCSD currently requires enrollment in RAPIDGate® and will not allow entry without RAPIDGate® clearance. The contractor must take all necessary steps prior to award to obtain RAPIDGate® enrollment in time for the start of performance under this contract. The contractor must demonstrate as part of their proposal that they currently are or will be enrolled prior to the start of performance. Failure to have RAPIDGate® clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contactor is responsible for the additional cost for RAPIDGate® enrollment and must ensure that a RAPIDGate® enrolled driver is available for all deliveries.

If more than one driver is required, RAPIDGate® enrollment must be obtained for each driver.

Note that enrollment can take several weeks, so a contractor that is not already enrolled must begin enrollment as soon as possible. If difficulty or delay in enrollment in RAPIDGate® is encountered, the contractor must contact RAPIDGate® and or the Contractor Security.

Contractors who are interested in the RAPIDGate® Program should call (877) 727-4342. The Contractor Security section is responsible for the issuing of a 90-day Business Pass to all Civilian Contractors and Vendors who have a need to access the base and do not participate in RAPIDGate®. A letter from the Employer is required as verification that the individual is currently employed by said Company, as well as a letter from the sponsoring unit/section on the base.

A background check is conducted for security purposes at the time of application. Upon successful completion of the background check, the applicant is issued a Business Pass, which may then be used to gain entry onto NMCSD to resolve any issues with processing RAPIDGate® enrollment so that the contractor will be able to deliver as required. For additional information regarding RAPIDGate®, including enrollment instructions, please visit their website at www.rapidgate.com.

Please note that RAPIDGate® is currently a requirement for access to some military bases;

however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.

Section H - Special Contract Requirements

TERMS AND CONDITIONS OF SALE

POINTS OF CONTACT (POC) AND DELIVERY INFORMATION

VENDOR

Name: Gabriel Sobande Title: Grandida, LLC Phone: 703 624 6677 Email: Gabriel@grandida.com

CONTRACTS

Name: Cha-on P. Gordon Title: Contract Specialist Department: Defense Health Agency Contracting Activity, Healthcare Contracting Division - West (HCD-W), Echo Branch Phone: (726)203-0109 Email: cha-on.p.gordon2.civ@health.mil

Name: Kennette "Khay" Esguerra Title: Contracting Officer Department: Defense Health Agency Contracting Activity, Healthcare Contracting Division - West (HCD-W), Echo Branch Phone: 210-792-6140 Email: kennette.m.esguerra.civ@health.mil

DELIVERY POC

Name: Ogonna Igbo Title: Purchasing Agent Nutrition Management Department Department: NMRTC San Diego, Business Manager Phone: 619-532-8531 Email: ogonna.a.igbo.civ@health.mil

DELIVERY LOCATION

Naval Medical Center San Diego, Loading Dock building 26.

ATTN: Nutrition Management Department (NMD) 34800 Bob Wilson Drive San Diego, CA 92134

EXTERIOR SHIPPING CONTAINER(S) OF ITEMS SHALL CONTAIN THE BELOW

INFORMATION:

MARK FOR: HT941024A0009

Name: Ogonna Igbo Title: Purchasing Agent Nutrition Management Department Department: NMRTC San Diego, Business Manager Phone: 619-532-8531

Email: ogonna.a.igbo.civ@health.mil CONTRACTOR: Include the contract number, located in block 1 of this 1155, on all packing slips and ensure a copy of the packing slips are provided to the acceptor upon delivery at the facility designated in this order.

TERMS AND CONDITIONS OF SALE

1. PRODUCT PURCHASE AND PRICES. The parties agree that during the term of this Agreement, Customer may purchase the Products on the price list at the prices indicated therein.

Grandida, LLC may remove any Product(s) from this Agreement upon 30 days prior written notice to Customer. All orders are subject to product availability and Grandida, LLC acceptance of each Call by Customer. The terms and conditions on Call forms issued by Customer shall not be deemed to be a part of this Agreement and shall not be deemed to modify or supplement this Agreement in any way, notwithstanding the fact that Grandida, LLC may acknowledge or otherwise approve such purchase orders. If not signed by both parties within sixty (60) days from the date listed on the cover page of this Agreement, the pricing and terms of this Agreement may be revised or revoked without notice.

2. TERM. The term of this Agreement (the “Term”) shall commence on the date on which it has been executed by both parties (the “Effective Date”) and shall expire on 1 August 2029 unless earlier terminated as provided herein, however, ordering activity contracting officer shall review the BPA and determine in writing has the option of price increase or reduction once a year (August 1st of each year) per FAR 8.405-3(e)(1)(iii).

3. DELIVERY. All Products will be shipped F.O.B. Grandida, LLC facility, with freight prepaid and added to the invoice.

4. TAXES. Unless Customer is a tax-exempt entity, Customer shall be responsible for payment of all applicable federal, state, and/or local sales, use, and/or gross receipts tax receipts resulting from its transactions with Grandida, LLC . A Customer that is exempt from taxation is required to provide valid certification to Grandida, LLC supporting its claim of exemption upon Grandida, LLC request.

5. WARRANTY. The written product warranty enclosed with each Product when delivered to Customer sets forth the entire warranty applicable to each Product and is conditioned on proper storage, installation, use, and maintenance of the Product. Such warranty is not assignable or transferable by Customer. EXCEPT AS IS EXPRESSLY SET FORTH IN THE PRECEDING

SENTENCE, GRANDIDA, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATION OR

WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE,

WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR

ANY OTHER MATTER. GRANDIDA, LLC SOLE OBLIGATION AND CUSTOMER’S

EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY SHALL BE, AT

GRANDIDA, LLC OPTION, TO REPAIR OR REPLACE THE PRODUCT.

6. CONFIDENTIALITY. For purposes of this provision, “Confidential Information” means the terms of this Agreement and any other confidential information disclosed by a party to the other in connection with this Agreement. During the term of this Agreement and for three (3) years thereafter, neither Customer nor GRANDIDA, LLC shall disclose the other party’s Confidential Information to any other person or entity outside its organization and affiliates, make any public announcement concerning the existence of this Agreement or its terms, or use (or permit its affiliates to use) the other party’s Confidential Information for any purpose other than its performance under this Agreement, unless such party receives the prior written approval of the other party. Notwithstanding the foregoing, a party may make any such disclosure as is required by law, subpoena or other judicial or administrative process provided that it gives the other party reasonable notice and an opportunity to seek confidential treatment. For purposes of this Agreement, an affiliate is an entity that Customer or GRANDIDA, LLC., as the case may be, controls, is controlled by, or is under common control with, and the disclosure is reasonably necessary for purposes of performance under this Agreement. If Customer receives a request under state or federal open records laws that involves this contract, Customer must give GRANDIDA, LLC notice in order for GRANDIDA, LLC to take all legal steps to prevent disclosure of its Confidential Information. Additionally, Customer agrees to release only the information directly applicable to the open records request, and not any additional or extraneous information.

7. PRODUCT RECALLS. Grandida, LLC will notify Customer as soon as reasonably possible of any Recall involving a Product. In the event of a Recall, Grandida, LLC will conduct the recall in accordance with all applicable FDA regulations and, upon Grandida, LLC reasonable request, Customer will fully cooperate with Grandida, LLC and/or its affiliates to implement the Recall. Repair or replacement of recalled Products will be conducted pursuant to the terms of the applicable written Product warranty. “Recall” shall mean any field corrective action or any action by Grandida, LLC or any governmental authority, whether voluntary or involuntary, to recover title to or possession of Product sold or shipped.

8. MISCELLANEOUS

a. ANTI-KICKBACK STATUTE. Customer and Grandida, LLC intend that this Agreement shall be administered in accordance with the provisions of the federal Anti-Kickback Statute (42, U.S.C. § 1320a-7b(b)). To the extent that any discounts and/or rebates are issued by Grandida, LLC and received by Customer with respect to Products under this Agreement, such discounts and/or rebates may be considered "discounts or other reductions in price" under the Anti- Kickback Statute, Section 1128B(b)(3)(A) of the Social Security Act [42 U.S.C. § 1320a- 7b(b)(3)(A)]. To the extent required by the Anti-Kickback Statute or the Discount Safe Harbor regulations, 42 C.F.R § 1001.952(h) et seq., Customer shall fully and accurately disclose such discounts and other reductions in price in accordance with the applicable state or federal cost reporting requirements, including, without limitation, disclosing and accurately reflecting where appropriate, and as appropriate, to the applicable reimbursement methodology. Grandida, LLC will provide Customer with sales and discount information to allow Customer to comply with this Section and the discount safe harbor, including sufficient discount, rebate and/or other pricing information that may be applicable to enable Customer to accurately report its actual costs for all purchases of Grandida, LLC. Products and services made pursuant to this Agreement. The total charges for the Products purchased under this Agreement shall be the contract price less any such discounts, rebates, and/or other reductions in price that may be applicable.

b. STATEMENT REGARDING DEBARMENT/SUSPENSION/ EXCLUSION ISSUES.

Grandida, LLC will certifies that it is not excluded, debarred or suspended from and is not, in any other way, ineligible to participate in any state or federal governmental program, and that none of its personnel involved in the sale of products to Customer is excluded, debarred, or suspended from any state of federal governmental program.

c. FORCE MAJEURE. Grandida, LLC shall use commercially reasonable efforts to fill orders but shall not be liable for non-performance, losses, damages, or delays caused by a shortage of supply of raw materials, manufacturing problems, supply chain disruptions, delivery or labor problems, intervention of any governmental authority or acts of regulatory agencies, fires, earthquakes, epidemics, natural calamities, acts of God, or other causes beyond its reasonable control. Customer agrees that in such events Grandida, LLC without liability to Customer, may allocate Products among all of its customers.

d. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with Federal law.

e. NOTICES. Any notice hereunder shall be in writing and sent via recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other Party at its address specified herein, or at such other address designated in a subsequent written notice.

f. ENTIRE AGREEMENT / MODIFICATIONS / WAIVER / ASSIGNMENT/ SEVERABILITY. This Agreement, including the exhibits hereto, and the Section 1 – Contract Clauses “CLAUSES

INCORPORATED BY REFERENCE”, sets forth the entire agreement and understanding between the parties, and supersedes all prior understandings and discussions, regarding the subject matter hereof. No amendment, change, modification or waiver of any provision of this Agreement will be binding unless set forth in a written document signed by the parties (in the case of amendments or modifications) or the party to be charged thereby (in the case of waivers).

Email communications will not constitute a writing for the purposes of any amendment or other modification to this Agreement. No waiver by any party of any breach on the part of the other party will be a waiver of any subsequent breach. Grandida, LLC may assign this Agreement to an affiliate or successor in interest without consent from or notice to Customer. Except as provided in the foregoing, this Agreement and the rights, duties and responsibilities of the parties hereto shall not be assigned to a third party without the prior written consent of the other party, which shall not be unreasonably withheld. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. Notwithstanding anything herein to the contrary, the Sections of this Agreement entitled Warranty, Return of Product, Indemnification, for Limitation of Liability, Confidentiality, Anti-Kickback Statute, Force Majeure, Conditions of Sale, Governing Law, and Entire Agreement / Modifications / Waiver / Assignment/ Severability shall survive termination or expiration of this Agreement. In the event any portion of this Agreement is declared void, invalid, unenforceable, or illegal in any respect by a court or tribunal of competent jurisdiction, such provision will be modified and interpreted to comply with applicable law or severed from this Agreement, and the remaining provisions will remain in effect, unless the effect of such severance would be to alter substantially this Agreement or the obligations of the parties, in which case this Agreement may be immediately terminated. This Agreement may be executed (with original or electronic signatures) in two or more counterparts, and by different Parties on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Agreement.

IDENTIFICATION OF PROCURING CONTRACTING OFFICER/ORDERING

OFFICER

The Procuring Contracting Office (PCO) is located at the Defense Health Agency (DHA), Healthcare Contracting Division - West (HCD-W) who will be responsible with the overall administration of the basic contract. The PCO is responsible for the contract in its entirety and possesses complete authority to modify the terms of the basic contract. The scope of this Blank Purchase Agreement includes Military Treatment Facilities (MTFs) in the DHA Healthcare Contracting Division - West (HCD-W) area of responsibility. DHA Contracting Officers and authorized ordering officers/Government Purchase Card Holders will be responsible for ordering and administration of the individual BPA Calls. All correspondence for the basic contract shall be addressed to the PCO and shall include the contract number assigned.

ORDER ISSUANCE PROCEDURES

Supplies may be ordered at the prices offered, in two ways:

1) An order placed by an authorized Government user using a Government Wide Commercial Purchase Card (GCPC); or

2) A delivery order by the issuing activity using a DD Form 1155 “Order for Supplies and Services.”

Ordering activities/GCPC holders outside of the Cafeteria at the Naval Medical Center San Diego (NMCSD) must contact the PCO Contract Specialist/Contracting Officer prior to GCPC order/BPA Call to ensure sufficient capacity exists.

Contract capacity can be requested via email to:

Contract Specialist: cha-on.p.gordon2.civ@health.mil Contracting Officer: kennette.m.esguerra.civ@health.mil Healthcare Contracting Division - West (HCD-W) - Echo Branch Mailbox: dha.ncr.San-Diego- Market.list.wmcd-rp-inbox-echo-owners@health.mil

ORDER PLACEMENT BY GCPC

Orders placed through the Government Wide Commercial Purchase Card (GCPC) require payment by an authorized GCPC user. When receiving a GCPC orders against the BPA, the Contractor shall provide the supplies at the offered price without additional markup or handling fee.

ORDER PLACEMENT BY BPA CALL

When work exceeds the micro-purchase threshold and/or a GCPC Holder is not available, requirements can be acquired via BPA Call. This BPA includes the authorization for the vendor to furnish supplies, if and when called for, by those persons designated by the Contracting Officer to place calls within the overall BPA ceiling of a total of $250,000.00 over the life of the contract.

Obligation by the Government. The Government is obligated only to the extent of those authorized calls/GCPC purchases that are actually made against the BPA by authorized personnel.

Pricing. The Prices to the Government shall be as indicated in the Contract Items and Pricing listed in this section B.

Purchase Limitation. No individual call shall exceed $250,000.00.

Authorized Callers under the BPA. Calls may be placed against this BPA by Defense

Health Agency (DHA) Contracting Officers/authorized GCPC holders and shall not exceed $250,000.00 on any individual call.

Delivery Tickets. The BPA shall include a requirement that all shipments will be accompanied with delivery tickets (in triplicate). Delivery tickets will be prepared by the contractor and must contain the following information:

(a) Name of supplier,

(b) BPA number,

(c) Date of Call,

(d) Call number,

(e) Itemized list of supplies furnished,

(f) Quantity, unit price and extended prices of each item, and

(g) Date of delivery or shipment. The receiving activity designated in the BPA must sign three copies of the delivery ticket. The signature of the designated receiving activity constitutes acceptance by the Government. One ticket should be retained by the receiving activity and two copies returned to the contractor or their agent. The vendor or their agent should be notified that signed delivery ticket is required to support their invoice.

Place of Delivery. Delivery schedule and location shall be determined at the individual call level.

CONTRACT REPORTING REQUIREMENTS

Monthly Capacity Report: Awardee shall not accept orders that exceed the estimated maximum contract value and/or the performance period. Awardee shall submit a report on the fifth day of each month immediately after award of the Master BPA contract identifying total orders received/awarded. The capacity report shall be submitted on the fifth of each month immediately after award of the basic contract in the format provided to the Procuring Contracting Officer.

Capacity Report POC and format/excel monthly sheet will be provided to the awardee upon award. Negative responses are also required each month. The contractor shall track quantities and report total ordered quantity by line item each month and year-to-date. The contractor must track and report when the total dollar value of all orders from both the GCPC purchases and DD 1155 orders exceed 75% of the annual BPA ceiling of $3,400,000.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Small Business Subcontracting Plan SEP 2023 52.219-14 Limitations On Subcontracting OCT 2022 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

(viii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (FEB 2024).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)(A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302- 5(d)(4).])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

(End of clause)

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):

h ps://www.acquisi on.gov/browse/index/far h ps://www.acquisi on.gov/dfars

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.