RFQ 36C26222Q0226 Produce for GLA and SD.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 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

36C26222Q0226 12-20-2021

Singletary, Ryan 562-766-2272 12-28-2021

12 PM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

311991

500 Employees

N/A

ADDRESSES LISTED IN THE DESCRIPTION

AND STATEMENT OF WORK.

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

WWW.TUNGSTEN-NETWORK.COM

SEE VAAR 852.232-72 FOR PAYMENT INFO

See CONTINUATION Page

This Combined Synopsis Solicitation Notice is for fresh produce for the VA San Diego and Los Angeles Healthcare Systems.

This solicitation is competed as a Small Business Set-Aside.

All quotes must be submitted to: Ryan.Singletary@va.gov

See instructions to offerors.

This is a Firm Fixed Price Requirement.

Responses are due Tuesday, December 28, 2021 at 12 noon PST.

Questions are due by Thursday, December 23,2021 at 12 noon to email: Ryan.Singletary@va.gov

See CONTINUATION Page

X 01

Singletary, Ryan

36C26222Q0226

Table of Contents

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 PRICE/COST SCHEDULE

VA GREATER LOS ANGELES HEALTHCARE SYSTEM ITEM INFORMATION

VA SAN DIEGO HEALTHCARE SYSTEM ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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: TBA

b. GOVERNMENT: Contracting Officer 36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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

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

[X] 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.

WWW.TUNGSTEN-NETWORK.COM

SEE VAAR 852.232-72 FOR PAYMENT INFO

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

AMENDMENT NO DATE

This Combined Synopsis / Solicitation is for a one-year contract for fresh produce to be delivered to the VA San Diego and Los Angeles Healthcare Systems. The Period of Performance will be 1/1/2022 to 12/31/2022.

This solicitation is competed as a Small Business Set-Aside.

Refer to the Schedule of Supplies for the items and quantities required.

Quantities listed in the Schedule of Supplies are estimated for a 12-month period.

Delivery of produce will be on-order during a specific delivery window on specific days specified by the Nutrition and Food Service Departments.

All offers must be emailed to Ryan.Singletary@va.gov by 12 PM on Monday 12/28/2021. No late offers will be considered.

STATEMENT OF WORK

SCOPE OF WORK:

The contractor shall deliver fresh fruits and vegetables products to the Greater Los Angeles Healthcare system and the San Diego Healthcare System, address is listed below.

Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work (SOW), by the Program Manager. Orders shall be placed by email, telephone, in writing via fax, or given to Contractor personnel as mutually agreed upon between the facility Program Manager and Contractor. The awarded contract shall be for 12 months from the date of award. Anticipated Period of Performance is 1/1/2022 – 12/31/2022

VA Greater Los Angeles Healthcare System (VAGLAHS)

Nutrition and Food Services Building 300 (120) Loading Dock 11301 Wilshire Blvd Los Angeles, CA 90073

VA San Diego Healthcare System (VASDHS)

Nutrition & Food Services Building 1 3350 La Jolla Village Dr San Diego, CA, 92101

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. ORDERS:

The Program Manager of Nutrition and Food Service shall place orders by email, telephone, in writing via fax, or any manner consistent with accepted business practices. Orders should be placed no later than 24 hours prior to delivery date. Emergency orders may be placed same day of delivery. When required, the Government shall request written confirmation of the oral calls to confirm the requested order.

2. PACKAGING:

a. All products shall be prepared and packaged under modern sanitary conditions in strict accordance with the 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 and contamination. All products/ingredients shall be clean, sound, wholesome and free from evidence of rodent or insect infestation. Failure to comply with this provision shall be considered grounds for default of the contract.

b. All packaging shall be in accordance with commercial labeling complying with Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

c. All vegetables and salads shall be grade A or U.S. NO. 1. Salads shall be thoroughly washed in water, Process/Pre-cut vegetables shall be vacuum packed/heat seal in heavy duty food grade plastic bags (2-1/2mm minimum), pin-hole free, in a temperature controlled atmosphere (i.e. vegetables are to be pre-cooled, packed under refrigerated conditions.) Garden salad and spinach are not to be vacuum packed, but heat sealed. The level of vacuum to be adjusted to the type of product. No preservatives shall be added to per-cut items. Each bag/tray for vegetables and salads (including 4 and 8 oz.) containers, shall be stamp with a “Use-by” date label showing expiration date of five (5) days from the date of delivery. Unopened vegetables must be guaranteed to remain in fresh, crisp condition for at least five (5) days after delivery.

One(1) oz. per-package carrots are to have a manufacturing Use-by date of 14 days from date of delivery. Sliced/diced tomato shall be packed in rigid containers that allow drainage of water off the product according to the latest approved industry standards to maintain a 5-day shelf life.

Failure to comply with this requirement shall render this contract into default and termination.

d. All items must be identified with readable, open code dates.

e. Unless otherwise specified, preservation, packaging and packing shall be to a degree of protection to preclude damage during normal shipping conditions, handling, etc. and shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from contractor to the receiving activity for storage. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification (issues in effect at time of shipment).

3. DELIVERIES:

a. All deliveries shall conform in every aspect to the provisions of the Food, Drug and Cosmetic Act, USC Title 21, Chapter 9 (FD&C Act) and regulations promulgated there under.

b. Where applicable, the interpretation of requirements (descriptive terms), methods ascertaining grades, testing, etc., shall be in accordance with those contained in the U.S.

Standards for the products in effect on the date of solicitation.

c. Deliveries shall be made to the:

Department of Veterans Affairs VA Greater Los Angeles Healthcare System, Building 300, 11301 Wilshire Blvd, Los Angeles, CA 90073 Back Dock/Kitchen Receiving area, unless otherwise directed by the Program Manager.

And

Department of Veterans Affairs VA San Diego Healthcare System, Building 1, 3350 La Jolla Village Dr, San Diego, CA, 92101, unless otherwise directed by the Program Manager.

d. Deliveries shall be made of specified items in quantities indicated in the purchase order provided by the VA Greater Los Angeles.

e. All items shall be delivered in an enclosed refrigerated truck that maintains an internal product temperature of no greater than 40 degrees Fahrenheit and no less than 33 degrees Fahrenheit for dairy products and protects the products from contamination or any violation.

Items not meeting these criteria will be rejected.

f. Offloading of product shall occur in the presence of VA authorized receiving personnel only.

g. Contractor shall be responsible for providing hand trucks, dollies for produce, required to affect delivery to appropriate location.

h. Deliveries shall be made to VA Greater Los Angeles Bldg. 300 Loading Dock:

Monday through Friday, except holidays, between the hours of 6:00 am and 7:30 am, without exception.

Deliveries shall be made to VA San Diego Building 1, Monday through Saturday between 6:30 am and 10:00 am, local time, on, as requested by the Program Manager or his/her designee, excluding Sundays, without exception.

i. NATIONAL HOLIDAYS: In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94‐97, the following holidays are observed and for the purposes of this contract are defined as “Legal Federal Official Holidays”:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government Agencies. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

4. DISTRIBUTION FACILITY LOCATION:

The Contractors' distribution facilities must be located within a 150-mile radius of the VA Greater Los Angeles Healthcare System.

5. INSPECTIONS:

a. DELIVERED GOODS: The Government reserves the right to inspect delivered goods for compliance of specifications, including, but not limited to, correct product(s) and quantities, proper packaging, damaged goods, etc. The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designed, Validated Hazardous Analysis Critical Control Point (HACCP) Plan.

b. Any items determined unacceptable shall be refused with full credit/replacement, at the discretion of the Government. Replacement of rejected products shall be delivered the same day no later than 1:00 p.m., unless otherwise specified by the Program Manager.

c. DELIVERY VEHICLES: The Government further reserves the right to enter and inspect any vehicle used to deliver goods for, but not limited to, compliance of sanitation conditions, proper refrigeration, etc. Such inspection shall be made on a random basis, upon delivery, at the discretion of the Program Manager.

d. Facilities: The Government may, prior to the contract award or at any time during the term of the contract, inspect the contractor’s plant, personnel, equipment and process to ensure compliance with state and federal sanitation regulation requirements. All products furnished under the awarded contract shall be processed at plants that have been inspected by Federal Government. Approved inspection reports or another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meets these requirements, provided that the inspections were made not more than six (6) months prior to the proposed period.

(1) Contractor shall provide here under the name and address of the plant(s) to be utilized for performance of this contract:

(2) In the event another Federal Agency has inspected the plant listed, within the past year, please indicate the agency's name:

6. LABORATORY REPORTS:

Upon request the Contractor shall provide the Contracting Officer with a copy of laboratory reports, prepared by an official of a Federal, State, or County laboratory and shall include chemical and bacteriological examination results and certification that adequate Public Health controls are in effect at the plant and are being observed.

7. CONTRACTOR DELIVERY PERSONNEL:

All Contractor delivery personnel shall be required to wear a full company uniform, which clearly displays the name of the company and the individual, and shall be of a neat, clean appearance with appropriate hair containment. Contractor’s employees shall wear identification (ID) badges during the entire period of time while on VA Facility. ID badges must have an identifying picture, name of the individual and the represented company depicted.

8. PRE‐AWARD CONFERENCE:

If appropriate, the Contracting Officer will schedule a performance for contract orientation purposes with successful offeror.

9. EVALUTATION FACTOR FOR AWARD:

BASIS FOR AWARD: The basis for award shall be made to the responsible Offeror, who conforming to this Solicitation, Statement of Work and all associated regulations is determined to be the lowest price that meets all requirements.

10. THE HAZARDOUS ANALYSIS CONTROL POINTS (HACCP) PLAN:

The contractor shall demonstrate compliance with performance standards by showing that their process adherences to an appropriately designed validated HACCP plan. The contractor shall provide valid HACCP plan to the VA San Diego and VA Greater Los Angeles Healthcare Systems.

11. SUPPLIES OR SERVICES AND PROCES/COSTS

The intent of this Request for Quote is to enter into a contract to provide the Veterans Affairs Greater Los Angeles and San Diego Healthcare Systems with fresh fruit and produce for the period of 1/1/2022 to 12/31/2022. All estimate quantities shown are based on past usage at the VA Greater Los Angeles and San Diego Healthcare System.

Submission Requirements: Responding contractors must certify and show evidence that their company can comply with the requirements of this RFQ. Responding vendors may be asked for product samples to ensure the proposed product meet government requirements.

B.2 PRICE/COST SCHEDULE

VA GREATER LOS ANGELES HEALTHCARE SYSTEM ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

350.00 CS __________________ __________________

APPLE, GALA, FRESH, 2.75 INCH WASHINGTON EXTRA FANCY, 125

COUNT/CASE

20.00 BG __________________ __________________

AVOCADO (HASS), FRESH, U.S. NO 1, MATURE, WELL COLORED, AND

WELL TRIMMED. PACK 6 COUNT BAG

1,100.00 CS __________________ __________________

BANANA, PETITE, FRESH, 150 COUNT/CASE, RIPENESS SCALE #4,

MORE YELLOW THAN GREEN, FIRM, CUT FULL TOP FINGER, LEVEL C

PACKAGING, FED-Y-B-91D. 40 LB CASE.

30.00 LB __________________ __________________

BROCCOLI, FRESH, U.S. FANCY, FREE FROM DAMAGE OR

DISCOLORATION, WELL TRIMMED, BUNCHED

320.00 CS __________________ __________________

CABBAGE, GREEN, FRESH, U.S. NO. 1, DICED, TRIMMED-CORED, 2

INCHES X 2 INCHES, 4/5 POUND VACUUM SEAL BAGS PER CASE.

LABELED WITH A 5 DAY EXPIRATION DATE.

1,050.00 EA __________________ __________________

CANTALOUPE, FRESH, 4 OZ, U.S. NO. 1, DRY, CHUNK, 1" MAX DIA. ALL

CUPS TO BE NO TALLER THAN 3" AND LABELED WITH A FIVE DAY

EXPIRATION DATE. PIECES ARE TO BE FIRM, NOT WATERY,

DISCOLORED. PACK 16 CUPS PER CASE

200.00 CS __________________ __________________

CARROT, BABY, FRESH, READY TO USE, PEELED, 100-2 OZ BAG PER

CASE, A-A-20191B, STYLE IV, SIZE A. ALL BAGS SHOW MFG. 14 DAY

EXPIRATION DATE.

CARROTS, WHOLE, FRESH, U.S. NO 1, WELL FORMED, FREE FROM

DECAY, TRIMMED TOP, 1 LB BAG

175.00 BG __________________ __________________

CELERY, FRESH, DICED, 1/4 INCH, U.S. NO. 1 GRADE, PACKED IN 5

POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A FIVE DATE

30.00 EA __________________ __________________

CELERY, FRESH, STALK, U.S. GRADE NO. 1. WELL FORMED, FREE

FROM DISCOLORATION AND WILTING. BUNCH

40.00 LB __________________ __________________

CUCUMBERS, WHOLE, FRESH, WELL COLORED, FIRM, FREE FROM

DECAY, SHALL NOT EXCEED 5-1/2 INCHES IN LENGTH OR 1-7/8 INCHES

IN DIAMETER, BUT THE LENGTH SHALL BE NOT LESS THAN 2-1/2 TIME

THE DIAMETER. EACH

40,000.00 EA __________________ __________________

FRUIT SALAD MIX CUP, FRESH CUT, 4 OZ CUP, MIX OF FRESH FRUIT

CHUNKS, 1 INCH DIA. TO BE CANTALOUP, HONEYDEW AND RED

SEEDLESS GRAPES, PACKED IN PLASTIC CUP LESS THAN 3" TALL. ALL

CUPS TO BE DATE LABELED WITH A 5 DAY EXPIRATION DATE.

40.00 EA __________________ __________________

GREEN ONIONS, U.S. NO 1, FREE FROM DAMAGE OR DECAY, WELL

FORMED, CLIPPED TOPS, BUNCH

10.00 BG __________________ __________________

LEMON, FRESH, U.S. NO. 1 GRADE, SIZE 200 COUNT, FED-Y-V-1741/10.

LEVEL C PACKAGING. PACKED IN 5 POUND PLASTIC BAGS

480.00 CO __________________ __________________

LEMONS, SLICES 1/4", FRESH, 5 POUND TUB. ARE TO BE LABELED WITH

A FIVE (5) DATE EXPIRATION DATE.

350.00 CS __________________ __________________

LETTUCE, GREEN, FRESH, LEAF CROWNS, WELL TRIMMED AND

DEVELOPED, U.S. NO 1 GRADE, 300 LEAF COUNT PER CASE. PACKED

10 POUND CASE.

2,200.00 CS __________________ __________________

MIX, SALAD, FRESH, CHOPPED RED CABBAGE 10%, ROMAINE LETTUCE

80% AND SHREDDED CARROTS 10%. PACKED 4/5 POUND PLASTIC BAG

CASE. A-A-20316, TYPE II, STYLE H. CABBAGE TYPE 1, STYLE M. ALL

BAG ARE TO BE SEAL AND LABELED WITH A 5 DAY EXPIRATIN DATE.

ICEBERG LETTUCE IS NOT BE USED OR SUBSITUTED IN THIS MIX.

200.00 CS __________________ __________________

MUSHROOM, FRESH, SLICED, WHITE, MEDIUM 1-1/4 INCH TO 1-3/4 INCH,

U.S. NO 1 GRADE, PACKED 4/2.5 POUND PLASTIC BAG/CASE. LABELED

WITH A 5 DAY EXPIRATION DATE.

70.00 CS __________________ __________________

NECTARINE, FRESH, WHOLE, MEDIUM, U.S. EXTRA NO. 1, 28-56

COUNT/CASE.TO BE ORDERED JUNE-SEPT ONLY

250.00 BG __________________ __________________

ONION, RED, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH

SLICED FOR HAMBUGERS, PACKED 5 POUND VACUUM SEALED

PLASTIC BAG, LABELED WITH A 5 DAY EXPIRATION DATE

350.00 BG __________________ __________________

ONION, YELLOW, FRESH, DICED 1/4 INCH, PEELED, PACK IN 5 POUND

VACUUM SEAL PLASTIC BAG. DATE LABEL WITH A 5 DAY EXPIRATION

DATE. FED HH-V 1867/4

500.00 BG __________________ __________________

ONION, YELLOW, FRESH, SLICED 1/4 INCH, PEELED, SLAB CUT, ROUGH

SLICED FOR HAMBUGERS. PACKED 5 POUND VACUUM SEAL PLASTIC

BAG. LABELED WITH A 5 DAY EXPIRATION DATE. FED HHH-V1867/4

460.00 CO __________________ __________________

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO 1, PEELED, 10 POUND

TUB, WHOLE SEGMENT, NOT BROKEN, WATERY, DISCOLORED.

25,000.00 EA __________________ __________________

ORANGE, FRESH, NAVEL, MEDIUM SIZE, U.S. NO. 1, PEELED, 4 OZ CUP,

CONTAINER NOT TO EXCEED 3 INCHES IN HEIGHT, WHOLE SEGMENT,

NOT BROKEN, WATERY, DISCOLORED.

500.00 CS __________________ __________________

ORANGE, FRESH, NAVEL, U.S. NO. 1 GRADE, 113 COUNT/CASE, LEVEL C

PACKAGING, FED Y-F-1741/13. 40 POUND CASE

150.00 BG __________________ __________________

PARSLEY, FRESH U.S. NO. 1 GRADE, CURLY LEAF, GOOD GREEN

COLOR. FREE FROM DECAY, SEED STEMS, YELLOW OR DISCOLORED

LEAVES, WILTING, FREEZING, DIRT. FED Y-F-1741/20. PACKED IN 1

POUND PLASTIC BAG LABELED WITH A 5 DAY EXPIRATION DATE. LEVEL

C PACKAGING.

170.00 CS __________________ __________________

PEAR, BARTLETT, GREEN, FRESH, U.S. NO. 1 MATURE, FIRM, RIPE,

WELL FORMED, FREE FROM DECAY AND DAMAGE, CLEAN. 135

COUNT/CASE.

30.00 EA __________________ __________________

PEPPER, BELL GREEN, WHOLE FRESH, U.S. FANCY (CHOPPERS),

MATURE, SWEET, FIRM, WELL SHAPED, NOT SERIOUSLY MIS-SHAPED,

DIAMETER NOT LESS THAN 3 INCHES. LENGTH NOT LESS THAN 3 1/2

INCHES, PACK 5 POUND TRAY

140.00 BG __________________ __________________

PEPPER, GREEN, FRESH, DICED 1/4 INCH, U.S. NO 1 GRADE, PACKED IN

5 POUND VACUUM SEAL PLASTIC BAG. LABELED WITH A 5 DATE

PEPPER, RED, BELL, U.S. FANCY, FREE FROM DECAY, WHOLE, FRESH,

EACH

50.00 CS __________________ __________________

PLUM, FRESH, BLACK, WHOLE, MEDIUM, U.S. NO 1, 50/60 COUNT/CASE.

TO BE ORDERED JUNE-SEPT ONLY.

300.00 BG __________________ __________________

POTATO, FRESH, PEELED, DICED 1/2 INCH, U.S. NO. 1 GRADE, RUSSET

WHITE, PACKED 10 POUND VACUUM SEAL PLASTIC BAG. LABELED

375.00 CS __________________ __________________

POTATO, RUSSET, FRESH, 120 COUNT CASE

800.00 BG __________________ __________________

POTATOES, RED, U.S. NO. 1, QUARTERED 1/2" X 2", SKIN ON, 10 POUND

BAG. PACK IN VACUUM SEAL BAG AND LABELED WITH A 5 DATE

375.00 CS __________________ __________________

SPINACH, FRESH, LEAF, WASHED, CLEANED, U.S. NO. 1 GRADE,

PACKED 4/2.5 POUND PLASTIC BAG/CASE. ALL BAGS TO BE LABELED

50.00 CS __________________ __________________

TANGERINE, SATSUMA, FRESH, SEEDLESS, U.S. NO. 1, 5 POUND CASE.

NO LEAVES, STEM ATTACHED TO FRUIT.

900.00 CS __________________ __________________

TOMATO, FRESH, SLICED, 1/4 INCH CUT THICK, U.S. NO. 1 GRADE, 2 1/2

INCHES MINIMUM DIAMETER, LIGHT RED TO RED, 90 COUNT PER TRAY.

PACK IN CONTAINER ACCORDING TO APPROVED INDUSTRY

STANDARDS TO DRAIN EXCESS LIQUID AWAY FROM PRODUCT.

100.00 EA __________________ __________________

WATERMELON, FRESH, RED MEAT, DRY, U.S. NO. 1, 8 OZ PLASTIC CUP.

NOT TALLER THAN 3 INCHES. CUT 1"X 1" CUBE. PEELED. ALL CUPS TO

BE LABELED WITH A MIN 3 DAY EXPIRATIN DATE. PIECES ARE TO BE

FIRM NOT SOFT, NOT WATERY AND DISCOLORED.

52.00 CS __________________ __________________

TOMATOES, CHERRY RED, 12 PINTS CASE

720.00 CS __________________ __________________

CABBAGE, RED, FRESH, U.S. NO. 1 DICED, TRIMMED-CORED, 2 INCHES

X 2 INCHES, 4/5 POUND VACUUM SEAL BAGS PER CASE LABELED WITH

A 5 DAY EXPIRATION DATE.

GRAND TOTAL __________________

VA SAN DIEGO HEALTHCARE SYSTEM ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

105.00 CS __________________ __________________

BANANA PETITE GREEN TIP 40# PER CASE

LOCAL STOCK NUMBER: 0001

44.00 BD __________________ __________________

PARSLEY, FRESH BUNCH US NO. 1 GRADE CURLY LEAF

LOCAL STOCK NUMBER: 1865

51.00 CS __________________ __________________

PEPPER, GREEN DICED FRESH 5# BAG SWEET US NO 1 DICED 1/4"

LOCAL STOCK NUMBER: 1901

165.00 CS __________________ __________________

COLESLAW, CALICO FRESH TRIMMED 5# BAG CORED SHREDDED

MEDIUM 75% WHITE 25% RED

LOCAL STOCK NUMBER: 1774

360.00 CS __________________ __________________

CUCUMBER, SLICED FRESH 5# BAG 1/8 INCH THICK PEELED

LOCAL STOCK NUMBER: 3633

339.00 CS __________________ __________________

LETTUCE, CUP FRESH TRIMMED TOPS 5# BAG SLICED

LOCAL STOCK NUMBER: 5962

93.00 CS __________________ __________________

ONION, YELLOW 5# BAG FRESH PEELED, DICED 1/4 INCH

LOCAL STOCK NUMBER: 2054

852.00 CS __________________ __________________

4 WAY SALAD MIX WASHED, TRIMMED, CORED PREPARE IN THE

FOLLOWING PRE-PORTIONS: 70% CHOPPED LETTUCE 20% CHOPPED

ROMAINE 5% SHREDDED CARROTS 5% CHREDDED PURPLE CABBAGE

LOCAL STOCK NUMBER: 1841

100.00 CS __________________ __________________

LETTUCE 5# BAG SHREDDED, FRESH MEDIUM CUT TRIMMED, CORED

LOCAL STOCK NUMBER: 2581

5.00 CS __________________ __________________

GRAPES, LUNCH BUNCH RED 18# LUG FIRM SKINNED TENDER

FLESHED BERRY SIZE: 16MM

LOCAL STOCK NUMBER: 0144

52.00 CS __________________ __________________

APPLES, FRESH 40# CASE RED DELICIOUS 125 COUNT FANCY OR

BETTER

LOCAL STOCK NUMBER: 2469

32.00 CS __________________ __________________

STRAWBERRIES, FRESH 12/12OZ 9 LBS, US NO 1 GRADE

LOCAL STOCK NUMBER: 8183

36.00 CS __________________ __________________

CELERY, DICED 5# BAG FRESH 1/4 INCH SQUARE

LOCAL STOCK NUMBER: 5156

234.00 CS __________________ __________________

MELONS, CANTALOUPES CUBES FRESH 1" 5# TRAY

LOCAL STOCK NUMBER: 4600

30.00 CS __________________ __________________

GRAPES GREEN SEEDLESS US NO 1 TABLE 18# LUG

LOCAL STOCK NUMBER: 0143

260.00 CS __________________ __________________

MELON, HONEYDEW FRESH CUBES 1" 5# TRAY

LOCAL STOCK NUMBER: 3587

52.00 LB __________________ __________________

MINT FRESH 1 #

LOCAL STOCK NUMBER: 2891

112.00 CS __________________ __________________

POTATOES FINGERLINGS 5# BAG

LOCAL STOCK NUMBER: 2113

324.00 CS __________________ __________________

TANGERINES, CLEMENTINES 5# BAG

LOCAL STOCK NUMBER: 6837

282.00 CS __________________ __________________

TOMATOES, CHERRY US MO 1 12/12OZ

LOCAL STOCK NUMBER: 1403

81.00 CS __________________ __________________

TOMATOES, PRE-DICED 1/4" 5# TRAY

LOCAL STOCK NUMBER: 1952

696.00 CS __________________ __________________

LETTUCE, SPRING MIX, 3#

LOCAL STOCK NUMBER: 5269

148.00 CS __________________ __________________

Peppers, Bell, Red, Diced (5# cs)

LOCAL STOCK NUMBER: 4014

336.00 CS __________________ __________________

Tomatoes, Pre Sliced, 5# Cs

LOCAL STOCK NUMBER: 7402

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

Period of Performance: 1/1/2022 – 12/31/2022

ITEM NUMBER QUANTITY

DELIVERY

DATE

350.00

20.00

1,100.00

30.00

320.00

1,050.00

200.00

175.00

40.00

40,000.00

40.00

10.00

480.00

2,200.00

200.00

70.00

250.00

500.00

460.00

25,000.00

500.00

150.00

170.00

140.00

50.00

300.00

375.00

800.00

375.00

50.00

900.00

100.00

52.00

720.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015…