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This is a Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs, Network Contracting Office 2 (NCO2) in Albany, New York.

The solicitation seeks qualified small business contractors to provide fresh bread and bakery products to two VA New Jersey Healthcare System facilities: the East Orange VA Medical Center (385 Tremont Avenue, East Orange, NJ 07018) and the Lyons VA Medical Center (151 Knollcroft Road, Lyons, NJ 07939-5001). This is a 100% small business set-aside requirement. Vendors may propose for one or both facilities but must quote all line items for any facility selected. The contract is firm fixed price with an estimated base period running from February 22, 2026 through February 21, 2027, followed by four optional one-year periods extending through February 21, 2031. Estimated quantities include items such as rye loaves, white and wheat dinner rolls, pullman challah, hamburger and hot dog rolls, and individually wrapped sliced bread for both white and wheat varieties. Products must be delivered Monday through Friday between 5:30 a.m. and 10:00 a.m., excluding federal holidays, and must be less than 24 hours old upon delivery. The solicitation was issued February 4, 2026 with an offer due date of February 13, 2026 at 12:00 p.m. EST. The Contracting Officer is Myra Florisa N. Green. Offerors must complete representations and certifications via the System for Award Management (SAM) and acknowledge receipt of all solicitation amendments. Payment will be made by electronic funds transfer, and invoices must be submitted electronically in accordance with VAAR Clause 852.232-72.

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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

36C24226Q0313 02-04-2026

Myra Florisa N. Green 518-626-5086 02-13-2026

1200 EST

Department of Veterans Affairs Network Contracting Office 2 (NCO2) 20 Madison Avenue Ext.

Albany NY 12203

X 100

X

311812

1000 Employees

N/A

X

VA New Jersey Healthcare System East Orange VA Medical Center and Lyons VA Medical Center East Orange and Lyons NJ

20 Madison Avenue Ext.

Albany NY 12203

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

This is a 100 % Small Business Set-Aside solicitation for bread and bakery products for the two (2) medical centers of VA New Jersey Healthcare System located in New Jersey.

Interested vendors may provide proposals for one or more of the facilities listed in the Statement of Work.

However, an interested vendor must quote all line items for any facility in which they provide a proposal.

Estimated period of performance: Base 4 Option Years Base Year: 02/22/2026 through 02/21/2027 Option Year 1: 02/22/2027 through 02/21/2028 Option Year 2: 02/22/2028 through 02/21/2029 Option Year 3: 02/22/209 through 02/21/2030 Option Year 4: 02/22/2030 through 02/21/2031

See CONTINUATION Page

X X

Myra Florisa N. Green Contracting Officer

36C24226Q0313

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

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

C.4 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE II (APR 1984)

C.5 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 38

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 49

C.12 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.6 System for Award Management (SAM)

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 36C242

20 Madison Avenue Ext.

Albany NY 12203

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 []

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 STATEMENT OF WORK

Veterans Integrated Service Network 2 (VISN 2)

VA New Jersey Healthcare System

1. Overview:

The VA New Jersey Health Care System (VANJHCS) in East Orange, New Jersey requires fresh, high-quality bread as well as other baked goods delivered multiple times per week to meet the Nutrition and Food Services department’s bread needs to support the nutritional requirements of their inpatient Veteran residents located at:

VA New Jersey Health Care System – East Orange Campus Basement / Main Kitchen

385 Tremont Avenue East Orange, NJ 07018 and

VA New Jersey Health Care System – Lyons Campus Building 54, Main Kitchen 151 Knollcroft Rd Lyons, NJ 07939-5001

The VA intends to award a firm fixed price contract for the provision of bread and bakery products. The quantities listed in the attached Pricing Schedule are estimated requirements for the Nutrition & Food Services.

Interested vendors may submit proposals for any of the facilities listed above. Vendors must bid on all items for a particular facility (or facilities), or the bid will be deemed non-responsive and will not be considered for award.

2. Scope of Work

A. General: The scope of this requirement involves providing bread and bakery products, which conform to the specifications outlined and referenced herein to the VA’s Nutrition & Food Service, located at the address shown in section 1 above.

B. Quantities: The quantities listed in the attached Pricing List represent the estimated quantities that will be ordered over the base period and option year. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantity for the base and four (4) option years without the prior written approval of the Contracting Officer.

C. Period of Performance: The period of performance for the provision of bread and bakery products shall be a base period from February 22, 2026 through February 21, 2027 with the possibility of four (4) one-year option periods from February 22, 2027 through February 21, 2031.

The decision to exercise one or more of the option years rests solely with the Government.

***Please provide pricing information on tables below***

D. The following items shall be delivered to the VA Medical Center, 385 Tremont Avenue, East Orange, NJ 07018 Requirements are for the period 02/22/2026 through 02/21/2031.

Base Year – February 22, 2026 through February 21, 2027

Item

Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40 oz, 33 slices

108 Loaf

2 Bread, White, Dinner Roll, Split Top 16/pkg, 18 oz pkg

144 Package

3 Bread, Wheat, Dinner Roll, Split Top 16/pkg, 18 oz pkg

216 Package

4 Bread, White, Pullman Challah, Fresh, Slices, ¾”, 28 oz Loaf

300 Loaf

5 Bread, White, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz per slice

12 Box

6 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 1 oz per slice

2532 Box

7 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz Loaf

1968 Loaf

8 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg, 21.6 oz pkg

48 Package

9 Rolls, Wheat, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg. 21.6 pkg

612 Package

10 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

24 Box

11 White Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

24 Box

Total Aggregate Price for Base Year:

Option Year 1 – February 22, 2027 through February 21, 2028

Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40

144 Package

3 Bread, Wheat, Dinner Roll, Split Top 16/pkg, 18 oz pkg

216 Package

4 Bread, White, Pullman Challah, Fresh, Slices, ¾”, 28 oz Loaf

300 Loaf

5 Bread, White, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz per slice

12 Box

6 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 1 oz per slice

2532 Box

7 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz Loaf

1968 Loaf

8 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg, 21.6 oz pkg

48 Package

9 Rolls, Wheat, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg. 21.6 pkg

612 Package

10 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

24 Box

11 White Dinner Rolls, Individually wrapped, Total Aggregate Price for Option Year 1:

Option Year 2 – February 22, 2028 through February 21, 2029

Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40

144 Package

3 Bread, Wheat, Dinner Roll, Split Top 16/pkg, 18 oz pkg

216 Package

4 Bread, White, Pullman Challah, Fresh, Slices, ¾”, 28 oz Loaf

300 Loaf

5 Bread, White, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz per slice

12 Box

6 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 1 oz per slice

2532 Box

7 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz Loaf

1968 Loaf

8 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg, 21.6 oz pkg

48 Package

9 Rolls, Wheat, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg. 21.6 pkg

612 Package

10 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

11 White Dinner Rolls, Individually wrapped, Total Aggregate Price for Option Year 2:

Option Year 3 – February 22, 2029 through February 21, 2030

Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40

144 Package

3 Bread, Wheat, Dinner Roll, Split Top 16/pkg, 18 oz pkg

216 Package

4 Bread, White, Pullman Challah, Fresh, Slices, ¾”, 28 oz Loaf

300 Loaf

5 Bread, White, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz per slice

12 Box

6 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 1 oz per slice

2532 Box

7 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz Loaf

1968 Loaf

8 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg, 21.6 oz pkg

48 Package

9 Rolls, Wheat, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg. 21.6 pkg

612 Package

10 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

24 Box

11 White Dinner Rolls, Individually wrapped, Total Aggregate Price for Option Year 3:

Option Year 4 – February 22, 2030 through February 21, 2031

Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40

144 Package

3 Bread, Wheat, Dinner Roll, Split Top 16/pkg, 18 oz pkg

216 Package

4 Bread, White, Pullman Challah, Fresh, Slices, ¾”, 28 oz Loaf

300 Loaf

5 Bread, White, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz per slice

12 Box

6 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 1 oz per slice

2532 Box

7 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz Loaf

1968 Loaf

8 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg, 21.6 oz pkg

48 Package

9 Rolls, Wheat, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg. 21.6 pkg

612 Package

10 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

24 Box

11 White Dinner Rolls, Individually wrapped, Total Aggregate Price for Option Year 4:

East Orange VAMC

Base Year: February 22, 2026 through February 21, 2027 $

Option Year 1: February 22, 2027 through February 21, 2028 $

Option Year 2: February 22, 2028 through February 21, 2029 $

Option Year 3: February 22, 2029 through February 21, 2030 $

Option Year 4: February 22, 2030 through February 21, 2031 $

Total Aggregate Price Base + 4 one-year options $

E. The following items shall be delivered to the VA Medical Center, 151 Knollcroft Road Bldg. 54 Lyons, NJ 07939. Requirements are for the period 02/22/2026 through 02/21/2031.

Base Year – February 22, 2026 through February 21, 2027

Item # Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), minimum 40 oz, 33 slices

120 Loaf

2 Whole Wheat Dinner Rolls, Individually wrapped, 12/pkg, Mark & Dated, 1.5 oz each

756 Package

Total Aggregate Price for Base Year:

3 Bread, Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf

852 Loaf

4 Rolls, White, Enriched, Soft, Pan Baked, Finger, (Hot Dog), Fresh, Type II, 12/pkg, 16 oz pkg

1380 Package

5 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg,

21.6 pkg

2808 Package

6 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz loaf.

2520 Loaf

7 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

36 Box

8 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

588 Box

9 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf

2088 Loaf

Option Year 1 – February 22, 2027 through February 21, 2028

Item # Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), & Dated, 1.5 oz each

756 Package

3 Bread, Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf

852 Loaf

4 Rolls, White, Enriched, Soft, Pan Baked, Finger, (Hot Dog), Fresh, Type II, 12/pkg, 16 oz pkg

1380 Package

5 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg,

21.6 pkg

2808 Package

6 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, 2520 Loaf

Total Aggregate Price for Option Year 1:

Fresh, Type I, Minimum 28 oz loaf.

7 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

36 Box

8 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

588 Box

9 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf

2088 Loaf

Option Year 2 – February 22, 2028 through February 21, 2029

Item # Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), & Dated, 1.5 oz each

756 Package

3 Bread, Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf

852 Loaf

4 Rolls, White, Enriched, Soft, Pan Baked, Finger, (Hot Dog), Fresh, Type II, 12/pkg, 16 oz pkg

1380 Package

5 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg,

21.6 pkg

2808 Package

6 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz loaf.

2520 Loaf

7 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

36 Box

8 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

588 Box

Total Aggregate Price for Option Year 2:

Total Aggregate Price for Option Year 3:

9 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf

2088 Loaf

Option Year 3 – February 22, 2029 through February 21, 2030

Item # Description Quantity Unit Unit Cost

Total Cost

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), & Dated, 1.5 oz each

756 Package

3 Bread, Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf

852 Loaf

4 Rolls, White, Enriched, Soft, Pan Baked, Finger, (Hot Dog), Fresh, Type II, 12/pkg, 16 oz pkg

1380 Package

5 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg,

21.6 pkg

2808 Package

6 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz loaf.

2520 Loaf

7 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

36 Box

8 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

588 Box

9 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf

2088 Loaf

Option Year 4 – February 22, 2030 through February 21, 2031

Item # Description Quantity Unit Unit Cost

Total Cost

Total Aggregate Price for Option Year 4:

Lyons VAMC

Base Year: February 22, 2026 through February 21, 2027 $

Option Year 1: February 22, 2027 through February 21, 2028 $

Option Year 2: February 22, 2028 through February 21, 2029 $

Option Year 3: February 22, 2029 through February 21, 2030 $

Option Year 4: February 22, 2030 through February 21, 2031 $

Total Aggregate Price Base + 4 one-year options $

1 Bread, Rye, Loaf, Pan Baked, Round Top, Fresh, Type V, (Soft), & Dated, 1.5 oz each

756 Package

3 Bread, Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf

852 Loaf

4 Rolls, White, Enriched, Soft, Pan Baked, Finger, (Hot Dog), Fresh, Type II, 12/pkg, 16 oz pkg

1380 Package

5 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No Seeds on Top, Type III, 12/pkg,

21.6 pkg

2808 Package

6 Bread, White, Enriched, Pan Baked, Round Top or Sandwich, Fresh, Type I, Minimum 28 oz loaf.

2520 Loaf

7 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

36 Box

8 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx, 1 oz slice (28g)

588 Box

9 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf

2088 Loaf

3. Recognized Federal Holidays:

January 1 New Year’s Day

3rd Monday – January Martin Luther King, Jr. Day 3rd Monday – February Presidents Day Last Monday – May Memorial Day July 4 Independence Day 1st Monday - September Labor Day 2nd Monday – October Columbus Day November 11 Veterans Day 4th Thursday – November Thanksgiving December 25th Christmas Day

Contractor shall not be required to deliver products on national holidays as listed below and any other day specifically declared by the President of the United States to be a national holiday.

4. Disasters / Emergencies

The Contractor must be able to ensure delivery to the VA at all times, inclusive of disasters, and/or any other emergency condition. The VA may place a special order in preparation for, or in response to, a disaster or emergency situation. For anticipatory situations, such orders will be placed 24 hours or less in advance. In an emergency, the Contractor will be notified with the amount and type of products required by the VA that shall be delivered within 24 hours of order placement. The order may be placed for larger quantities than the normal weekly order. The Contractor shall provide both the Contracting Officer and the POC with its designated point of contact and contact information for emergency orders.

5. Specifications and Standards:

A. The delivered products shall meet the specification as listed in the attached Pricing Schedule document and comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labelling, storage, distribution, and sales of the products with the commercial marketplace. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations, promulgated hereunder.

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

6. Alternate Items, Packaging, and Packing:

A. Offers may propose alternate items, packaging, or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate item will be made against a common denominator (i.e., weight, package quantity, etc.). Offers are reminded that the alternate item must meet all the requirements of the Government specifications.

B. Environmental Standards. Should the contractor manufacture and provide company brand bread and roll products, the contractor should utilize, if possible, recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity. List recycled materials for containers as long as they meet the FDA sanitary standards for the specified commodity.

7. Product Quality and Freshness:

A. Product conformance. The fresh or frozen bread provided shall meet the salient characteristics of the USDA Commercial Item Descriptions (CIDs) cited, conform to the producer's own specifications, standards, and quality assurance practices, and be the same fresh or frozen bread offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

B. Quality assurance. When required, the Federal Grain Inspection Service (FGIS), U.S.

Department of Agriculture, shall determine the quality assurance of the fresh or frozen bread according to the requirements of the CID or applicable standards or specifications. The fresh or frozen bread shall be examined or analyzed in accordance with applicable provision in the CID, solicitation, contract, or purchase order, and, when applicable, the United States Standards for Condition of Food container in effect on the date of the offer.

C. Age requirement. Fresh bread shall be delivered less than 24 hours old upon arrival at the receiving point. Failure to comply with this provision will be considered grounds for default of contract.

D. 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. All ingredients shall be clean, sound, wholesome, and free from evidence of rodent or insect infestation. Failure to comply with this provision will be considered grounds for default of contract.

E. Ingredients for fresh or frozen bread shall consist of flour, water, salt, yeast, emulsifiers or stabilizers, and other ingredients appropriate for the type of bread specified in the schedule of items. The fresh or frozen bread shall include mold inhibitors of proper levels as allowed by the Federal Food, Drug, and Cosmetic Act.

F. Enriched flour. When the bread is enriched, the wheat flour used for the bread shall conform to the U.S. Standards of Identity for Enriched Flour (21 CFR 137.165) and shall be milled from a variety of hard and/or soft wheat.

G. Appearance and color. The fresh or frozen bread shall have a uniformly brown crust characteristic of the product. The fresh or frozen bread shall have a typical volume, characteristic grain, and be evenly baked without evidence of foreign odors or flavors, burnt, scorched, stale, rancid, or moldy. The delivered fresh or frozen bread shall not be crushed or damaged.

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

I. 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.

J. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The POC, in accordance with the Contracting Officer, will accept or reject the product.

8. INSPECTION OF PLANTS:

An inspection may be made of the premises and employees of the bidders prior to making an award and conditions found will be considered in awarding a contract. Inspection 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 on the open market. Any excess cost occasioned by this action will be charged against the contractor account.

THE BIDDER CERTIFIES THAT (CHECK ONE)

Within the past six months no inspection of the physical facilities of this plant has been conducted by any agency of the Federal Government.

OR

An inspection of the physical facilities of the plant was conducted by the

____________________________agency on ___________________ and this plant was ACCEPTED/REJECTED for furnishing it’s product to the Federal Government.

9. SOURCE OF MANUFACTURE

Items supplied under this contract are required to originate from a sanitarily approved source.

The supplier must identify the source of manufacture on the primary container or in the accompanying shipping documents. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by its complete name, address and plant code. Preference will be given to locally sourced vendors.

10. ORDERING

A. The VA Upstate New York Healthcare System facilities shall place orders four (4) times per week no less than two (2) workdays prior to required delivery date, upon delivery at the receiving location, items ordered shall be less than 24 hours of age. Orders shall not be placed more than 5 days prior to required delivery date, with the Government reserving the right to adjust orders 24 hours prior to scheduled delivery. Orders will be placed by the Nutrition and Food Service Point of Contact (POC) or his/her designee. Each order will show ship to and bill to addresses and purchase order number (if required).

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

C. The items listed in this contract are required subsistence items for the Department of Veterans Affairs, VA Medical Centers at the addresses listed in section 1 of this document.

Products and deliveries are to be in accordance with the terms, conditions, and schedules noted herein. The period of performance is a base period of February 22, 2026 through February 21, 2027 with four (4) one-year option periods from February 22, 2027 through February 21, 2031.

Prices quoted will be F.O.B. destination.

CUSTOMER SERVICE POINT OF CONTACT: The Contractor shall provide a designated point of contact and toll-free number (if applicable) for resolution of customer service problems to include at a minimum delivery of damaged or incorrect items.

Contractor Point of Contact:

(Name) (Title) (Telephone Number) (Fax Number) (E-mail Address)

11. PACKING LIST

There shall be a packing list enclosed with any shipments made under this contract. The packing list shall show the following as a minimum: Contractor’s name and address; VA

Purchase Order Number (if one is provided); the VA Facility and Service placing the order; the items shipped; and quantity.

12. RETURN POLICY

Offerors shall clearly indicate their return policy with their quote. Defective product or incorrect products shipped by Contractor error shall be replaced at no cost to the Government. Products shipped by Government error may be returned subject to the Contractor’s normal return policy.

Offerors shall provide the name and telephone number for reporting delivery/product problems for each VA location.

13. UTILIZATION OF CONTRACT

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

14. DELIVERIES AND INVOICING

A. All items shall be delivered daily, Monday through Friday, between the hours of 5:30 a.m. and 10:00 a.m. ONLY, excluding federal holidays. Requests for deliveries on different days and/or at a different time shall be submitted to and approved by the Contracting Officer and his/her designee in writing.

B. Deliveries and invoicing for the Nutrition and Food Services must be accomplished separately at the Nutrition & Food Services Departments at the respective facilities listed in paragraph 1 of this document. Invoices must contain at a minimum the purchase order and itemized list of products delivered, unit prices, and total price.

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

D. While performing under this contract, all vehicles used by the Contractor shall have temperature tracking systems in place on the refrigerated trucks to ensure they are being maintained in accordance with federal safety & sanitation guidelines.

E. Invoices shall be issued to the VA Financial Service Center and to the Chief, Nutrition and Food Service. Invoices shall be identified with proper delivery order number (purchase order number) and shall reflect all deliveries made against the delivery order. End of the month deliveries shall not be billed against the following month delivery order

F. Invoices shall be submitted weekly and shall include the following per FAR Clause 52.212- 4(g):

Contractor’s business name and address Contractor’s Tax Identification Number (TIN) Invoice date Vendor invoice number, account number, and/or any other identifying number agreed to in the contract Contract number

Description Shipping and payment terms

NOTE: Failure to include the above information may result in delay of payment. Invoices will be returned to the Contractor for completion if there are any omissions.

15. PAYMENTS

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

16. CONTRACTING OFFICER (CO):

The Contracting Officer (CO) named below is responsible for the overall administration of the contract.

Myra Florisa N. Green

Department of Veterans Affairs Network Contracting Office 2 20 Madison Avenue Extension Albany, NY 12203

Myra.Green2@va.gov

The awarded Contractor(s) are advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer’s Representative, has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, term of contract. In no event shall any understanding or agreement, contract modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

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

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) 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 FAR part

33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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)

Alternate I (DEVIATION DATE). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause—

Direct materials…

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