S02-36C26223Q0146.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. 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

691-23-2-120-0007

36C26223Q0146

Kim, Peter 11-22-2022

10:00 PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

Y

311991

500 Employees

N/A

36C262

Department of Veterans Affairs

VA West Los Angeles Healthcare System

NFS Main Kitchen, Loading Dock, Bldg 300

11301 Wilshire Blvd.

Los Angeles CA 90073

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

Financial Services Center

Submit invoices electronically through https://portal.tungsten-network.com

(877) 353-9791

See CONTINUATION Page

This solicitation is issued to obtain prepared food items for the VA GLA Healthcare System

Period of Performance: 1/1/2023 - 12/31/2023

Delivery Location: VA West Los Angeles Healthcare System

Nutrition and Food Service; Main Kitchen

Loading Dock, Bldg. 300

11301 Wilshire Blvd, Los Angeles, CA 90073

Submit offers no later than 10AM PT, Tues 11/22/2023

See CONTINUATION Page

PETER KIM

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 PRICE/COST SCHEDULE

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 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

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

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS .... Error! Bookmark not defined.

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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:

b. GOVERNMENT: Contracting Officer 36C262

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Submit invoices electronically through https://portal.tungsten-network.com

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

AMENDMENT NO DATE

https://portal.tungsten-network.com/

B.2 SCOPE OF WORK

SCOPE: The contractor shall delivery fresh food products to the VA greater Los Angeles Healthcare System. Orders shall be placed on an as needed basis, in accordance with delivery schedules listed in the Statement of Work (SOW), by the Contracting Officer Representative (COR). Orders shall be placed by telephone, in writing, in writing via fax, e-mail or given to Contractor personnel as mutually agreed upon between the COR and Contractor.

The period-of-performance for this contract shall be 1/1/2023 to 12/31/2023.

All products shall be delivered to:

VA West Los Angeles Healthcare System Nutrition and Food Service; Main Kitchen Loading Dock, Bldg. 300 11301 Wilshire Blvd.

Los Angeles, CA 90073

DESCRIPTION OF SERVICES/SUPPLIES

1. ORDERS: The contractor shall obtain and provide all prepared food items (listed in the schedule) materials, and delivery to the VAGLAHS.

2. SPECIFICATIONS: The Contractor shall provide the following, but not limited to:

a. All ready-to-eat food shall be packed in food grade containers/package, in a temperature-controlled atmosphere, refrigerated and placed in a sealed container. No preservatives shall be added.

b. Ready to eat food shall comply with the following product definitions:

i. Triangle Sandwich: 2 slices of bread, filling as indicated, no condiments, cut crosswise and packed in sealed food grade containers.

ii. Premium Sandwich is a sandwich other than a triangle sandwich. It may be on special types of bread (such as rolls or ciabatta), a wrap, or a pita. Products shall be packed in sealed food grade containers/package

iii. For premium sandwiches, there must be available at least 4 varieties of beef and/or pork, and 2 varieties of chicken (without beef or pork), 2 varieties of turkey (without beef or pork), and 2 varieties of vegetarian (at least 1 must be vegan).

iv. Soft triangle sandwiches will not contain raw vegetables larger than ¼ inch in size, including lettuce, tomato, celery, or onion. Other triangle sandwiches may contain lettuce and tomato.

v. Triangle sandwiches shall consist of at least 2 soft varieties available on white bread.

c. Unopened food items must be guaranteed to remain in a fresh condition for at least five (5) days after delivery. All ready-to-eat food items are to be date labeled with a five (5) day expiration date.

d. Sandwiches bread must not be wet or soggy for at least 5 days after delivery.

e. Produce in the sandwich must be in fresh, crisp condition for at least 5 days after delivery.

f. All products shall be prepared and packaged under modern sanitary conditions in accordance with commercial practices and shall be adequately packed to prevent damage during shipping and handling and storage.

g. Contents of a specific sandwich variety should remain constant throughout the contract period. It is not acceptable to change the type of meat, vegetables, or other sandwich fillings in a specific sandwich variety without approval from the COR.

3. REGULATORY STANDARDS

a. The contractor is responsible for maintaining all health codes and standards of sanitation and safety in the storage, handling, preparation, transportation and delivery of food as enacted by the United States Food and Drug Administration and state or local regulations.

b. The contractor at his/her own expense shall maintain all federal, state, and local licenses and permits required for the operation of food services and products provided herein.

c. The contractor shall provide its staff with on-going training in food handling and preparation, sanitation and safety procedures and food serving procedures.

d. The Contractor shall remove all food servers/handlers found or suspected to be suffering from a communicable disease, disorder, or respiratory problem from the performance under this contract.

e. The Contractor shall ensure that all contract staff assigned to this contract are tested annually for Tuberculosis. Results of all tests shall be provided to the Contracting Officer upon contract award and each option year before contract award. Any and all replacement staff shall be tested for Tuberculosis and results shall be sent to the contracting officer with a copy to the COR within ten days of employment.

4. FOOD PREPARATION CENTER (FPC) AND EQUIPMENT:

a. The Contractor food preparation center (FPC) shall conform to the guidelines established by applicable state local requirements. The sanitary inspection rates of the kitchen facility must be 90 percent or above.

b. The FPC shall have waterproof painted walls, flooring shall be smooth and of durable construction of non-absorbent material, shall have clean equipment; and a separate preparation are for clinical diets. In addition, the FPC shall be free from pests and vermin with adequate space for storage and stock rotation of refrigerated and dry goods.

c. The FPC shall also contain hot and cold running water, separate handwashing sinks, security protocols and other nationally recognized manuals on diets and Emergency Food Services Plans.

d. Food Service equipment purchased shall meet the American National Standards Institute (ANSI) standards for sanitation and safety and be certified or listed by a nationally recognized testing agency.

5. FOOD STORAGE REQUIREMENTS:

a. The Contractor shall store perishable food items at proper temperatures to prevent spoilage and other bacterial action. Perishables must be stored at or below 40 degrees Fahrenheit and frozen foods must be maintained at or below 0 degrees Fahrenheit. Shelf stable foods must be stored between 50 degrees Fahrenheit and 70 degrees Fahrenheit.

b. Food not subject to further washing or cooking before serving shall be stored in a way that protects against bacterial cross-contamination from foods requiring washing or cooking.

c. Condiments shall be protected from contamination by being stored in containers that are designed to provide adequate protection.

6. ORDERS: The Contracting Officer Representative (COR) shall place orders on an as needed basis from the schedule of supplies. Orders shall be placed by telephone, in writing, faxed, or given to Contractor personnel as mutually agreed between the COR and the Contractor. The contractor shall not substitute any item and will not increase or decrease quantities ordered without prior approval from the COR.

7. DELIVERY REQUIREMENTS

a. Deliveries shall be made to the Warehouse/Kitchen Receiving area unless otherwise directed by the COR.

b. Deliveries shall be made of specified items in specified quantities indicated in the daily schedule provided by the COR monthly. Contractor shall receive a minimum of one working day advance notice of changes needed for specified items.

c. Deliveries shall be made Mondays, Wednesdays, Fridays, and Sundays except holidays, between the hours of 5:30 a.m. and 6:30 a.m. PT, no exceptions.

d. Deliveries shall be made in a temperature controlled refrigerated vehicle capable of maintaining temperatures between 35 degrees – 45 degrees Fahrenheit.

e. Off-loading of product shall occur in the presence of VA authorized receiving personnel only.

8. PRODUCT AVAILABILITY:

a. In the event that the products under this contract become unavailable or available on a limited basis, either temporarily or permanently, the contractor shall send a substitute using the below sandwich chart type for substitutions when a sandwich type is not available when ordered.

Temporary means no more than four (4) consecutive deliveries and no more than twelve (12) total deliveries per contract period for each sandwich type. The Contractor shall notify the Government prior to the fourth (4) consecutive delivery when a sandwich type will remain unavailable.

TABLE 1. PREMIUM SANDWICH ORDERED

ACCEPTABLE TEMPORARY SUBSTITUTE (IN ORDER

OF PREFERENCE)

PREMIUM, ROAST BEEF

(1) PREMIUM, ROAST BEEF

(2) PREMIUM, HAM

(3) PREMIUM, TURKEY & HAM

(4) TRIANGLE, ROAST BEEF

PREMIUM, HAM

(1) PREMIUM, HAM

(2) PREMIUM, TURKEY & HAM

(3) PREMIUM, ROAST BEEF

(4) TRIANGLE, HAM & CHEESE

PREMIUM, TURKEY & HAM

(1) PREMIUM, HAM

(2) PREMIUM, TURKEY

(3) PREMIUM, CHICKEN

(4) TRIANGLE, HAM & CHEESE

PREMIUM, CHICKEN

(1) PREMIUM, CHICKEN

(2) PREMIUM, TURKEY

(3) TRIANGLE, CHICKEN SALAD

PREMIUM, TURKEY

(1) PREMIUM, TURKEY

(2) PREMIUM, CHICKEN

(3) TRIANGLE, TURKEY

PREMIUM, VEGETARIAN

(1) PREMIUM, VEGAN

(2) TRIANGLE, EGG SALAD

PREMIUM, VEGAN (1) TRIANGLE, PEANUT BUTTER & JELLY

TABLE 2. TRIANGLE SANDWICH ORDERED

ACCEPTABLE TEMPORARY SUBSTITUTE (IN ORDER

OF PREFERENCE)

TRIANGLE, ROAST BEEF ON WHEAT BREAD

(1) TRIANGLE, ROAST BEEF ON WHITE

(2) TRIANGLE, TURKEY ON WHEAT

TRIANGLE, CHICKEN SALAD ON WHEAT BREAD (1) TRIANGLE, CHICKEN SALAD ON WHITE

(2) TRIANGLE, TUNA SALAD ON WHEAT

TRIANGLE, CHICKEN SALAD ON WHITE BREAD

(1) TRIANGLE, CHICKEN SALAD ON WHEAT

(2) TRIANGLE, TUNA SALAD ON WHEAT

TRIANGLE, TUNA SALAD ON WHEAT BREAD

(1) TRIANGLE, TUNA SALAD ON WHITE

(2) TRIANGLE, CHICKEN SALAD ON WHEAT

TRIANGLE, TURKEY ON WHEAT BREAD

(1) TRIANGLE, TURKEY ON WHITE

(2) TRIANGLE, CHICKEN SALAD ON WHEAT

TRIANGLE, EGG SALAD ON WHEAT BREAD

(1) TRIANGLE, EGG SALAD ON WHITE

(2) TRIANGLE, PEANUT BUTTER & JELLY ON WHEAT

TRIANGLE, EGG SALAD ON WHITE BREAD

(1) TRIANGLE, EGG SALAD ON WHEAT

(2) TRIANGLE, PEANUT BUTTER & JELLY ON WHEAT

TRIANGLE, HAM & CHEESE ON WHEAT BREAD

(1) TRIANGLE, HAM & CHEESE ON WHITE

(2) TRIANGLE, ROAST BEEF ON WHEAT

TRIANGLE, PEANUT BUTTER & JELLY ON WHEAT BREAD TRIANGLE, PEANUT BUTTER & JELLY ON WHITE

The Government reserves the right to procure services from an alternate source, until routine services are restored by the Contractor. When the Government exercises its right to procure these services from an alternate source, the Contractor shall reimburse the government for all charges in excess of the amount that would have normal been incurred by the contract.

c. Furthermore, failure to perform any of the services set forth in this contract shall be considered grounds for invoking provisions of default under Clause 52.212-4(m) “Termination for Cause”.

9. 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.

b. Any items determined unacceptable shall be refused for 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 COR.

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.

d. CONTRACTOR FACILITIES: The Government may, prior to contract award or at any time during the term of the contract, inspect the contractor’s plant, personnel, equipment, and processes to determine compliance with State/Federal sanitation regulatory requirements.

10. EMERGENCY/CONTINGENCY PLAN: The Contractor shall submit an emergency plan for the provision of food services to the Contracting Officer with 15 working days of contract award.

This emergency plan shall include details on how the Contractor will continue to perform this contract under emergency circumstances such as inclement weather, lack of water, lack of electricity, lack of qualified personnel, insufficient quantity of food items, transportation problems, etc. or the closing of its facility by the Department of Health.

11. CONTRACTOR DELIVERY PERSONNEL:

a. All Contractor delivery personnel shall be required to wear a company uniform, which clearly displays the name of the company and the individual, and shall be of a neat, clean appearance.

b. The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct shall be dealt with the Contactor and COR with the final decision being made by the Contracting officer.

c. PERSONNEL POLICY: The Contractor shall be responsible for protecting their personnel by providing employee services under this contract. To carry out this responsibility, the Contractor shall provide the following for their personnel:

i. The contractor agrees to procure and maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of the state of California.

ii. Public Liability Insurance: The contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract. Before commencing work under this contract, the Contractor shall furnish an insurance certificate indicating coverage has been obtained. The Contracting Officer may waive the requirement if he determines that insurance certifications now on file are acceptable, however, new certifications shall be furnished prior to the expiration date.

d. The Contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Such personnel shall not be considered VA employees for any purpose. The Contracting officer or his designee shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the Contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served to the Contractor or his representative at the site of work, shall be deemed sufficient of the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a Stop-Work Order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

12. CHANGES: Only those services specified herein are authorized. Before performing any service of a noncontract nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work. Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer and are in accordance with FAR Clause 52.212-4(c) – Changes.

13. BADGES AND PARKING: Contractor personnel are required to wear identification (I.D.)

badges issued by the VA Security Office during the entire time they are on the VA Healthcare System grounds. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available for the VA Healthcare System Security Office. The VA Healthcare System shall not validate or reimburse for parking violations under any circumstance.

14. OVERTIME AND HOLIDAYS: Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

15. NATIONAL HOLIDAYS: Listed below are the observed national holidays:

New Year’s Day January 1 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Las Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

When one of the holidays falls on Sunday, the following Monday shall be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a National holiday

16. Rules of the Station: Contractor shall comply with all rules of the facility, including security badging, non-smoking and privacy, and reporting to the station POC upon arrival at the facility.

17. Smoking Policy. Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

18. Possession of weapons is prohibited. Enclosed containers, including tool kits and food containers, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,500.00 EA __________________ __________________

SANDWICH, PREMIUM, ROAST BEEF - 3 OUNCES (OR MORE)

FRESH ROAST BEEF, SLICED AT LEAST 1.5 MILLIMETERS

THICK; PREMIUM BREAD (SUCH AS ROLLS, CIABATTA, PITA,

WRAP, OR SEEDED MULTIGRAIN BREAD); AT LEAST 2

PREMIUM TOPPINGS WHICH MAY INCLUDE: FRESH

VEGETABLES (SUCH AS LETTUCE OR OTHER GREEN LEAFY

VEGETABLES, TOMATO, OR CUCUMBERS); PICKLED

VEGETABLES (SUCH AS DILL PICKLES OR PEPPERONCINIS);

CURED MEATS (SUCH AS PEPPERONI, SALAMI, OR BACON);

CHEESE; DRESSING (NOT INCLUDING MAYONNAISE);

PREMIUM MUSTARD (NOT YELLOW MUSTARD); OR HUMMUS

500.00 EA __________________ __________________

SANDWICH, PREMIUM, HAM VARIETY 1 - 3 OUNCES (OR MORE)

HAM, SLICED ANY THICKNESS; PREMIUM BREAD (SUCH AS

ROLLS, CIABATTA, PITA, WRAP, OR SEEDED MULTIGRAIN

BREAD); AT LEAST 2 REMIUM TOPPINGS WHICH MAY

INCLUDE: FRESH VEGETABLES (SUCH AS LETTUCE OR OTHER

GREEN LEAFY VEGETABLES, TOMATO, OR CUCUMBERS);

PICKLED VEGETABLES (SUCH AS DILL PICKLES OR

PEPPERONCINIS); CURED MEATS (SUCH AS PEPPERONI,

SALAMI OR BACON); OTHER FRESH DELI MEATS (SUCH AS

CHICKEN OR CHEESE; DRESSING (NOT INCLUDING

MAYONNAISE); PREMIUM MUSTARD (NOT YELLOW MUSTARD);

OR HUMMUS

SANDWICH, PREMIUM, HAM VARIETY 2 - 3 OUNCES (OR MORE)

HAM, SLICED ANY THICKNESS; PREMIUM BREAD (SUCH AS

ROLLS, CIABATTA, PITA, WRAP, OR SEEDED MULTIGRAIN

BREAD); AT LEAST 2 PREMIUM TOPPINGS WHICH MY

INCLUDE: FRESH VEGETABLES (SUCH AS LETTUCE OR OTHER

GREEN LEAFY VEGETAABLES, TOMATO, OR CUCUMBERS);

PICKLED VEGETABLES (SUCH AS DILL PICKLES OR

PEPPERONCINIS); CURED MEATS (SUCH AS PEPPERONI,

SALAMI, OR BACON); OTHER FRESH DELI MEATS (SUCH AS

CHICKEN OR TURKEY; CHEESE, DRESSING (NOT INCLUDING

MUSTARD (NOT YELLOW MUSTARD; OR HUMMUS

3,000.00 EA __________________ __________________

SANDWICH, PREMIUM, TURKEY AND HAM - 2 OUNCES (OR

MORE) FRESH TURKEY, SLICED AT LEAST 1.5 MILLIMETERS

THICK; 1 OUNCES (OR MORE) HAM OR BACON, SLICED ANY

THICKNESS; PREMIUM BREAD (SUCH AS ROLLS, CIABATTA,

PITA, WRAP, OR SEEDED MULTIGRAIN BREAD); AT LEAST 2

PREMIUM TOPPINGS WHICH MY INCLUDE: FRESH

VEGETABLES (SUCH AS LETTUCE OR OTHER GREEN LEAFY

VEGETABLES, TOMATO, OR CUCUMBERS); PICKLED

VEGETABLES (SUCH AS DILL PICKLES OR PEPPERONCINIS);

CURED MEATS (SUCH AS PEPPERONI, SALAMI, OR BACON);

CHEESE, DRESSING (NOT INCLUDING MAYONNAISE);

PREMIUM MUSTARD (NOT YELLOW MUSTARD); OR HUMMUS.

400.00 EA __________________ __________________

SANDWICH, PREMIUM, CHICKEN VARIETY 1 - 3 OUNCES (OR

MORE) FRESH SLICED CHICKEN; PREMIUM BREAD (SUCH AS

ROLLS, CIABATTA, PITA, WRAP, OR SEEDED MULTIGRAIN

BREAD); AT LEAST 2 PREMIUM TOPPINGS WHICH MAY

INCLUDE: FRESH VEGETABLES (SUCH AS LETTUCE OR OTHER

GREEN LEAFY VEGETABLES, TOMATO, OR CUCUMBERS);

PICKLED VEGETABLES (SUCH AS DILL PICKLES OR

PEPPERONCINIS); CHEESE, DRESSING (NOT INCLUDING

MAYONNAISE); PREMIUM MUSTARD (NOT YELLOW

MUSTARD); OR HUMMUS; MUST NOT CONTAIN BEEF OR PORK

PRODUCTS

400.00 EA __________________ __________________

SANDWICH, PREMIUM, CHICKEN VARIETY 2 - 3 OUNCES (OR

MORE) FRESH SLICED CHICKEN; PREMIUM BREAD (SUCH AS

ROLLS, CIABATTA, PITA, WRAP, OR SEEDED MULTIGRAIN

BREAD); AT LEAST 2 PREMIUM TOPPINGS WHICH MAY

INCLUDE: FRESH VEGETABLES (SUCH AS LETTUCE OR OTHER

GREEN LEAFY VEGETABLES, TOMATO, OR CUCUMBERS);

PICKLED VEGETABLES (SUCH AS DILL PICKLES OR

PEPPERONCINIS); CHEESE, DRESSING (NOT INCLUDING

MAYONNAISE); PREMIUM MUSTARD (NOT YELLOW MUSTARD)

OR HUMUS; MUST NOT CONTAIN BEEF OR PORK PRODUCTS

SANDWICH, TURKEY VARIETY 1 - 3 OUNCES (OR MORE)

FRESH TURKEY, SLICED AT LEAST 1.5 MILLIMETERS THICK;

PREMIUM BREAD (SUCH AS ROLLS, CIABATTA, PITA, WRAP,

OR SEEDED MULTIGRAIN BREAD); AT LEAST 2 PREMIUM

TOPPINGS WHICH MAY INCLUDE: FRESH VEGETABLES (SUCH

AS LETTUCE OR OTHER GREEN LEAFY VEGETABLES,

TOMATO, OR CUCUMBERS); PICKLED VEGETABLES (SUCH AS

DILL PICKLES OR PEPPERONCINIS); CHEESE; DRESSING (NOT

INCLUDING MAYONNAISE); PREMIUM MUSTARD (NOT YELLOW

MUSTARD); OR HUMMUS: MUST NOT CONTAIN BEEF OR PORK

SANDWICH, PREMIUM, TURKEY VARIETY 2 - 3 OUNCES (OR

MORE) FRESH TURKEY, SLICED AT LEAST 1.5 MILLIMETERS

THICK; PREMIUM BREAD (SUCH AS ROLLS, CIABATTA, PITA,

WRAP OR SEEDED MULTIGRAIN BREAD); AT LEAST 2

PREMIUM TOPPINGS WHICH MAY INCLUDE: FRESH

VEGETABLES (SUCH AS LETTUCE OR OTHER GREEN LEAFY

VEGETABLES, TOMATO, OR CUCUMBERS); PICKLED

VEGETABLES (SUCH AS DILL PICKLES OR PEPPERONCINIS);

NO PORK OR BEEF PRODUCTS; CHEESE; DRESSING (NOT

INCLUDING MAYONNAISE); PREMIUM MUSTARD (NOT YELLOW

MUSTARD); OR HUMMUS; MUST NOT CONTAIN BEEF OR PORK

1,300.00 EA __________________ __________________

SANDWICH, PREMIUM, VEGETARIAN - 1 OR MORE OUNCES

VEGETARIAN PROTEIN SOURCE (SUCH AS CHEESE, BEANS,

LENTILS, TEMPEH, OR TOFU); PREMIUM BREAD (SUCH AS

ROLLS, CIABATTA, PITA, WRAP, OR SEEDED MULTIGRAIN

BREAD); AT LEAST 2 PREMIUM TOPPINGS WHICH MAY

INLCUDE: FRESH VEGETABLES (SUCH AS LETTUCE OR OTHER

GREEN LEAFY VEGETABLES, TOMATO, OR CUCUMBERS);

PICLKED VEGETABLES (SUCH AS DILL PICKLES OR

PEPPERONCINIS); CHEESE; DRESSING (NOT INCLUDING

OR HUMMUS; MUST NOT CONTAIN MEAT PRODUCTS

1,300.00 EA __________________ __________________

SANDWICH, PREMIUM, VEGAN - 1 OR MORE OUNCES VEGAN

PROTEIN SOURCE (SUCH AS BEANS, LENTILS, TEMPEH, OR

TOFU); PREMIUM BREAD (SUCH AS ROLLS, CIABATTA, PITA,

WRAP OR SEEDED MULTIGRAIN BREAD); AT LEAST 2

PREMIUM TOPPINGS WHICH MAY INCLUDE: FRESH

VEGETABLES (SUCH AS LETTUCE OR OTHER GREEN LEAFY

VEGETABLES, TOMATO, OR CUCUMBERS); PICKLED

VEGETABLES (SUCH AS DILL PICKLES OR PEPPERONCINIS);

VEGAN CHEESE; DRESSING, PREMIUM MUSTARD (NOT

YELLOW MUSTARD); OR HUMMUS; MOST NOT CONTAIN

ANIMAL PRODUCTS

30,000.00 EA __________________ __________________

SANDWICH, TRIANGLE, ROAST BEEF - 3 OUNCES ROAST

BEEF, THIN CLICES (0.5 - 1.5 MM THICK); NO CHEESE; MUST

CONTAIN 1 OR MORE LEAVES GREEN OR ROMAIN LETTUCE;

MUST CONTAIN 1 OR MORE TOMATO SLICES (1/8 INCH); 2

SLICES WHOLE WHEAT BREAD; CUT DIAGONALLY

TRIANGLE, CHICKEN SALAD ON WHEAT - 3 OUNCES CHICKEN

SALAD MADE WHITE MEAT CHICKEN; MAY CONTAIN DICED

CELERY OR ONION NO LARGER THAN 1/4 INCH; NO OTHER

VEGETABLES; NO CHEESE; 2 SLICES WHOLE WHEAT BEAD;

CUT DIAGONALLY

8,000.00 EA __________________ __________________

SANDWICH, TRIANGLE, CHICKEN SALAD ON WHITE - 3

OUNCES CHICKEN SALAD MADE WHITE MEAT CHICKEN; MAY

CONTAIN DICED CELERY OR ONION NO LARGER THAN 1/4

INCH; NO OTHER VEGETABLES; NO CHEESE; 2 SLICES WHITE

BREAD; CUT DIAGONALLY

SANDWICH, TRIANGLE, TUNA SALAD - 3 OUNCES TUNA SALAD

MADE ALBACORE TUNA MEAT; MAY CONTAIN DICED CELERY

OR ONION NO LARGER THAN 1/4 INCH; NO OTHER

VEGETABLES; NO CHEESE; 2 SLICES WHOLE WHEAT BREAD;

CUT DIAGONALLY

SANDWICH, TRIANGLE, TURKEY - 3 OZ OVER-ROASTED

TURKEY BREAST, THIN SLICED (0.5-1.5 MM THICK); NO

CHEESE; MUST CONTAIN 1 OR MORE LEAVES GREEN OR

ROMAIN LETTUCE; MUST CONTAIN 1 OR MORE TOMATO

SLICES (1/8 INCH); 2 SLICES WHOLE WHEAT BREAD; CUT

DIAGONALLY

SANDWICH, TRIANGLE, EGG SALAD ON WHEAT - 3 OUNCES

EGG SALAD MADE WITH DICED EGG WHITES AND YOLKS, NO

LARGER THAN 1/4 INCH IN SIZE; NO VEGETABLES; NO

CHEESE; 2 SLICED WHEAT BREAD, CUT DIAGONALLY

8,000.00 EA __________________ __________________

SANDWICH, TRIANGLE, EGG SALAD ON WHITE - 3 OUNCES

EGG SALAD MADE WITH DICED EGG WHITES AND YOLKS, NO

LARGER THAN 1/4 INCH IN SIZE; NO VEGETABLES; NO

CHEESE; 2 SLICES WHITE; CUT DIAGONALLY

SANDWICH, TRIANGLE, PEANUT BUTTER AND JELLY - CREAMY

PEANUT BUTTER AND SEEDLESS JELLY (GRAP OR

STRAWBERRY); 2 SLICES WHEAT BREAD; CUT DIAGONALLY

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

1,500.00 12/31/2023

500.00 12/31/2023

3,000.00 12/31/2023

400.00 12/31/2023

400.00 12/31/2023

1,300.00 12/31/2023

1,300.00 12/31/2023

30,000.00 12/31/2023

8,000.00 12/31/2023

8,000.00 12/31/2023

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)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.217-6 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 30 days. 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 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: United States Food and Drug Administration as to Food Safety.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: United States Food and Drug Administration

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.4 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,…