S02 36C26224Q0207.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

649-24-1-120-0005

36C26224Q0207 11-09-2023

Burke, Peter (480)466-7943 11-28-2023

4:00 PM MST

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

X 100

X

Y

311991

700 Employees

N/A

X

Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600

Long Beach CA 90815

00262

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

Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

This solicitation is for Produce at VA Prescott in Northern Arizona.

Project Title: Fresh Produce for VA Prescott AZ.

Questions shall be submitted by November 17, 2023 to peter.burke@va.gov via email and received by 11:00 AM MST.

Offerors shall submit quotes via email to peter.burke@va.gov no later than November 28, 2023 at 4:00 PM MST.

See CONTINUATION Page

X X

36C26224Q0207

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 (DEC 2022)

C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 (SEP 2023)

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

[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.

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

AMENDMENT NO DATE

Statement of Work for Indefinite Delivery/Indefinite Quantity Contract

1. Contract Title: Produce Contract

2. Background: Produce products needed for food production and meal service by Nutrition & Food Services (NFS) Northern Arizona Veterans Affairs Healthcare Center.

3. Scope: Contractor shall provide those products specified below. Contract should be a Base Year plus four option years in length.

DESCRIPTION Case Size Quantity

APPLE FUJI 138 CT 22

ASPARAGUS JUMBO 11 LB 114

BANANA 40 LB 75

BLUEBERRY 12 CT 60

BROCCOLI CROWN 20 LB 4

BROCCOLI FLORETTE MINI 4/3 LB 70

CABBAGE GREEN 3 CT 36

CARROT MIX COLOR

ORGANIC

25 LB 4

CARROT BABY SLIM ORANGE 6/5 LB 21

CARROT SHRED 1/16" 4/5 LB 60

CAULIFLOWER FLORETTE 4/3 LB 76

CELERY 24/30 4

CELERY 3 CT 320

CELERY STICK 4/5 LB 20

CILANTRO CLEAN 4/1 LB 18

CABBAGE SHRED SLAW

3WAY MIX

4/5 LB 22

CUCUMBER WIREBOUND 45 LB 44

GARLIC WHOLE PEELED 4/5 LB 9

GRAPE GREEN 18 LB 20

GRAPE RED 18 Case 20

LETTUCE GREEN LEAF FILET 10 LB 42

LETTUCE ICEBERG SHRED 4/5 LB 10

MUSHROOM MEDIUM 10 LB 50

ONION GREEN CLEAN 4/2 LB 8

ONION YELLOW DICE 1/4" 4/5 LB 122

ONION YELLOW SLIVER 4/5 LB 90

ORANGE 113 CT 36

PARSLEY CELLO 4/1 LB 1

PEAR GREEN 38/40 LB 26

PEAR GREEN 3 LB 4

PEPPER BELL GREEN 5 LB 40

PEPPER BELL GREEN DICE

1/4"

5 LB 72

PEPPER BELL GREEN JUL

3/16"

3 LB 140

PEPPER BELL RED 5 LB 20

POTATO 90 CT 42

POTATO SWEET YAM JUMBO 40 LB 18

LETTUCE TUSCAN BLEND

GRN/RED

4/3 LB 4

LETTUCE SALAD MIX 6/5 LB 130

LETTUCE ARCADIAN HARV

RUBY

6/2 LB 2

LETTUCE SPRING MIX 4/3 LB 2

SPINACH BABY 4 LB 4

SPINACH CELLO 4/2.5 LB 30

SQUASH ACORN 38 LB 70

SQUASH YELLOW 22 LB 74

STRAWBERRY 8 LB 130

HERB THYME 4 OZ 2

TOMATO DICE 1/2" 5 LB 64

TOMATO GRAPE 10 LB

BULK

TOMATO GRAPE 12/1 PT 18

TOMATO 4X4 66

TOMATO 5X5 2

TOMATO SLICE 5 LB 6

ZUCCHINI 5 LB 44

ZUCCHINI 22 LB 40

4. Delivery Schedule:

a. Point of Contact: (928) 445-4860, Trapper Welch (6531) or Cherie Odom (7507)

b. Delivery Location: NUTRITION AND FOOD SERVICES DOCK, 500 N.

US HWY 89 Prescott, AZ 86313 Building 108, Courtyard B. The contractor is responsible for utilizing a delivery vehicle of which can deliver product directly to NFS dock.

c. Delivery Hours: 0700-1400

d. Delivery Frequency: 2x/week; Tuesday and Friday

e. Delivery Expectations:

i. Deliveries will be at or about the same time each delivery day and within the established delivery hours.

ii. The contractor will inform the VA Medical Center of any issues during travel that could postpone the scheduled delivery at a later time.

iii. If a delivery date falls on a federal holiday and the contractor isn’t operating, the contractor must establish an alternative delivery date and inform the VA Medical Center of the new date(s) at least 2 weeks in advance.

iv. Contractor will utilize clean durable and reusable storage racks to deliver and store products in.

v. The delivery driver will remove all unused/empty storage racks after every delivery.

vi. Deliveries will not be stacked higher than 5 feet high.

vii. Driver to issue credit at time of delivery when items are damaged, missing, or short dated.

viii. Driver will wait until food is inspected by Supervisor or designee before leaving premises.

ix. Products will be delivered in clean and refrigerated vehicle.

5. Food Safety Standards and Guidelines: All current USDA standards and guidelines must be met throughout the entire production, packaging, labeling and delivery process. All items must be labeled with shelf life or expiration date.

Items not properly labeled will be returned.

6. Quality:

a. NFS reserves the right to return products in the original packaging for full credit if they have visibly signs of poor quality within 24 hours after delivery.

b. Products delivered will have a minimum shelf life of 5 days.

7. Food Recalls: The contractor is responsible for immediately notifying NFS via phone and email of any food recalls related to items delivered to the VA from the contractor.

8. Orders:

a. Authorized personnel from NFS will enter produce orders on contractor’s online website by 5 pm the day before the items are needed. In the event an online order cannot be made due to technical difficulties, NFS may place orders via email or phone.

b. Orders are based on facility needs and amounts will increase or decrease in conjunction with demand. Demand is based on veteran nutritional needs and preferences of which can vary from month to month.

c. There will be no minimum order restrictions for delivery.

9. Failure to Deliver

a. If the contractor fails to deliver the requested item(s) or acceptable substitute, or to deliver during the required time-period, the Government may purchase the item from other source(s). The contractor will be held liable for any additional costs associated with procuring item(s) from non-contract sources.

Federal Holidays

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

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

If the holiday falls on a Sunday, the following Monday will 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, and any day specifically declared by the President of the United States of America.

Identification, Check-in, Parking, and Smoking Regulations

Identification

The vendor's employees shall wear visible identification at all times while on VAGLAHCS premises. Contractor employees shall report to VA Police upon entry to the VAGLAHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work. During emergencies contractor personnel shall check in with VAGLAHCS Police if the VAGLAHCS COR or designee is not available.

Parking

It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office.

The Contractor assumes full responsibility for any parking violations.

Smoking

Veterans Health Administration (VHA) Directive 1085, dated March 5, 2019, provides a comprehensive smoke-free policy for patients, visitors, contractors, volunteers, and vendors, at the Department of Veterans Affairs (VA), Veterans Health Administration (VHA) health care facilities. This updated VHA directive implements a smoke-free policy for patients, visitors, contractors, volunteers, and vendors at VA health care facilities, as defined in this directive, based on scientific evidence regarding the adverse health effects of secondhand and thirdhand smoke exposures.

The Assistant Deputy Under Secretary for Health for Administrative Operations (10NA) and the Assistant Deputy Under Secretary for Health for Clinical Operations (10NC) are responsible for the contents of this directive. Questions may be referred to VHA Smoke Free: vhasmokefree@va.gov.

This VHA directive is scheduled for recertification on or before the last working day of March 2024. This VHA directive will continue to serve as national VHA policy until it is recertified or rescinded.

Weapons and Contraband

Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, shall be subject to search. Violations of VAGLAHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Safety

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAGLAHCS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137.

Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

Contractor Personnel

Contractor’s Program Manager

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor’s Employees

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

Contractor Qualifications & Other Responsibilities

Contractor shall obtain all necessary licenses required to perform this work. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

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

Insurance Coverage

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

Invoicing and Payment

Overtime & Holiday Pay

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.

Contractor will bill and be paid for actual services provided by Contractor personnel.

Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Invoices

Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

The Government shall not authorize payment until such time that the VAGLAHCS COR all properly executed and signed documentation.

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

22.00 EA ________________

Apple Fuji 138 CT, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared Food Manufacturing PRODUCT/SERVICE CODE: 8915 - Fruits and Vegetables

114.00 EA ________________

Asparagus, Jumbo 11 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

75.00 EA ________________

Banana 40 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

60.00 EA ________________

Blueberry 12 CT, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

4.00 EA ________________

Broccoli Crown 20 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

70.00 EA ________________

Broccoli Florette Mini 4/3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

36.00 EA ________________

Cabbage Green 3 CT, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Carrot Mix Color Organic 25 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

21.00 EA ________________

Carrot Baby Slim Orange 6/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

60.00 EA ________________

Carrot Shred 1/16" 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

76.00 EA ________________

Cauliflower Florette 4/3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Celery 24/30, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

320.00 EA ________________

Celery 3 CT, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

20.00 EA ________________

Celery Stick 4/5 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

18.00 EA ________________

Cilantro Clean 4/1 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

22.00 EA ________________

Cabbage Shred Slaw 3 Way Mix 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

44.00 EA ________________

Cucumber Wirebound 45 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

9.00 EA ________________

Garlic Whole Peeled 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Grape, Green 18 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Grape, Red 18 Case, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

42.00 EA ________________

Lettuce Green Leaf Filet 10 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

10.00 EA ________________

Lettuce Iceberg Shred 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

50.00 EA ________________

Mushroom Medium 10 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

8.00 EA ________________

Onion Green Clean 4/2 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

122.00 EA ________________

Onion Yellow Dice 1/4" 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

90.00 EA ________________

Onion Yellow Sliver 4/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

36.00 EA ________________ ________________

Orange 113 CT, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

1.00 EA ________________

Parsley Cello 4/1 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

26.00 EA ________________

Pear Green 38/40 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Pear Green 3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

40.00 EA ________________

Pepper Bell Green 5LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

72.00 EA ________________

Pepper Bell Green Dice 1/4" 5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

140.00 EA ________________

Pepper Bell Green Jul 3/16" 3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Pepper Bell Red 5 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

42.00 EA ________________

Potato 90 CT, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Potato Sweet Yam Jumbo 40 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Lettuce Tuscan Blend GREEN/RED 4/3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

130.00 EA ________________

Lettuce Salad Mix 6/5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

2.00 EA ________________

Lettuce Arcadian Harv Ruby 6/2 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Lettuce Spring Mix 4/3 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Spinach Baby 4 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

30.00 EA ________________

Spinach Cello 4/2.5 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

70.00 EA ________________

Squash Acorn 38 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

74.00 EA ________________

Squash Yellow 22 LB, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

130.00 EA ________________

Strawberry 8 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Herb Thyme 4 OZ, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

64.00 EA ________________

Tomato Dice 1/2", in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

200.00 EA ________________

Tomato Grape, 10 LB Bulk, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Tomato Grape, 12/1 PT, in accordance with list is Section 3 of

SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

66.00 EA ________________

Tomato 4X4, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

Tomato 5X5, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

6.00 EA ________________

Tomato Sliced 5 LB, in accordance with list is Section 3 of

SOW.

44.00 EA ________________

Zucchini 5 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

40.00 EA ________________

Zucchini 22 LB, in accordance with list is Section 3 of SOW.

PRINCIPAL NAICS CODE: 311991 - Perishable Prepared

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM SHIPPING INFORMATION QUANTITY DELIVERY

NUMBER DATE

0001 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B Prescott, AZ 86313

USA

22.00 Delivery Upon

Receipt of Order

FOB: DESTINATION

0002 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

114.00 Delivery Upon

0003 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

75.00 Delivery Upon

0004 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

60.00 Delivery Upon

0005 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8,

4.00 Delivery Upon

Building 108, Courtyard B

0006 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

70.00 Delivery Upon

0007 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

36.00 Delivery Upon

0008 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0009 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

21.00 Delivery Upon

0010 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

60.00 Delivery Upon

0011 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

76.00 Delivery Upon

0012 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0013 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

320.00 Delivery Upon

0014 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

20.00 Delivery Upon

0015 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

18.00 Delivery Upon

0016 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

22.00 Delivery Upon

0017 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

44.00 Delivery Upon

0018 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

9.00 Delivery Upon

0019 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0020 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0021 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

42.00 Delivery Upon

0022 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

10.00 Delivery Upon

0023 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

50.00 Delivery Upon

0024 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

8.00 Delivery Upon

0025 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

122.00 Delivery Upon

0026 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

90.00 Delivery Upon

0027 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

36.00 Delivery Upon

0028 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

1.00 Delivery Upon

0029 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

26.00 Delivery Upon

0030 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0031 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

40.00 Delivery Upon

0032 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

72.00 Delivery Upon

0033 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

140.00 Delivery Upon

0034 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0035 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

42.00 Delivery Upon

0036 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0037 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0038 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

130.00 Delivery Upon

0039 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

2.00 Delivery Upon

0040 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0041 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0042 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

30.00 Delivery Upon

0043 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

70.00 Delivery Upon

0044 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

74.00 Delivery Upon

0045 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

130.00 Delivery Upon

0046 SHIP TO: Northern Arizona VA Healthcare System Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0047 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

64.00 Delivery Upon

0048 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

200.00 Delivery Upon

0049 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

0050 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

66.00 Delivery Upon

0051 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

6.00

0053 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

44.00 Delivery Upon

0054 SHIP TO: Northern Arizona VA

Nutrition and Food Services Dock 500 N. US Highway 8, Building 108, Courtyard B

40.00 Delivery Upon

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the…