S02 - 36C77025R0004_2 - NAT OP SUPPLIES IDIQ - 11-25-25.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

NCO 15 Contracting Ofc - CMOP

Multiple Sites

Copy:Larry.Zaritz@va.gov; Kelley.Cunningham@va.gov

36C77025R0004 11-26-2025

Kelly Mann - Kelly.Mann@va.gov 913-684-0157 12-29-2025

5PM CST

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

X

322211

1250 Employees

N/A

X

Department of Veteran Affairs Various Sites See Section B Deliver Locations

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

The purpose of this requirement is to establish a five year IDIQ contract to support all seven(7) CMOP locations with:

Operational (Mailing) Supplies

Multiple Single Awards will be made. However, one vendor could receive up to seven(7) awards.

See ADDENDUM to FAR 52.212-4 for Sample Testing requirements.

Prices Offered shall not exceed two decimal places.

Contract will be issued for one(1) five year period. Annual checks of each awarded vendors SAM.gov registration will be conducted.

Vendors shall submit “Authorized Distributor Letters” for all items they are not considered the manufacturer.

All questions need to be sent to:

Kelly Mann, Kelly.Mann@va.gov; copy Larry Zaritz Larry.Zaritz@va.gov and Kelley Cunningham Kelley.Cunningham@va.gov on all correspondences.

See CONTINUATION Page

TBD

X X

X 1(ONE)

Zaritz, Larry mailto:Larry.Zaritz@va.gov mailto:Kelley.Cunningham@va.gov mailto:Kelly.Mann@va.gov mailto:Kelly.Mann@va.gov mailto:Larry.Zaritz@va.gov mailto:Kelley.Cunningham@va.gov

36C77025R0004_2

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF REQUIREMENTS

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

COMMERCIAL ITEMS

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

C.3 MANDATORY WRITTEN DISCLOSURES

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

ITEM (MAR 1989)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.12 852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025) 24

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..26

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.214-72 ALTERNATE ITEM(S) (MAY 2018)

E.10 VAAR 852.214-73 ALTERNATE PACKAGING AND PACKING (MAY 2018)

E.11 VAAR 852.214-74 MARKING OF BID SAMPLES (MAY 2018)

E.12 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.15 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.16 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 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: TBD

b. GOVERNMENT: Contracting Officer 36C770 - TBD

NCO 15 Contracting Ofc - CMOP

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] Upon Receipt and Acceptance of all items ordered and received.

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.

NOTE: In order to do business with VA, vendors must be registered in System for Award Management (SAM). You can access this site for more information: https://sam.gov/content/home

VA FSC offers the following solutions for commercial electronic invoices:

1. If your business is EDI capable:

VA FSC Electronic Commerce Branch (ECB) – ANSI x12 v5010 format

a. VA FSC will provide the vendor an 810 v5010 Implementation Guide.

b. To request the EDI direct to VA FSC ECB Solution, contact our Electronic Data

Interchange (EDI) team at VAFSCEDIFinTeam@va.gov or 512.460.5311 https://sam.gov/content/home mailto:VAFSCEDIFinTeam@va.gov mailto:Sarah.Snyder2@va.gov

c. Complete the attached New Vendor for Procurement Lifecycle Checklist and return to the EDI team.

Transmission methods supported by the VA:

• Direct Connection o AS2 o sFTP – server hosted by vendor

• VAN (Value Added Network)

2. If your business is not EDI capable:

Third Party Provider – Kofax/Tungsten Network – contracted by Veterans Affairs Financial Services Center (VA FSC) to assist with commercial electronic invoicing using a Web Form Application or an Integrated Solution (IS) for vendors who are not EDI capable.

a. Invoices submitted through Tungsten Network are then sent directly to VA FSC ECB using an ANSI x12 v5010 810 format for processing into the VA FSC payment system

b. If you need additional information regarding the Tungsten Network solution, please call them directly at 1-877-489-6135 or contact them via email at VA.Registration@Tungsten-Network.com

For more information you can refer to our e-Invoice Program at this link: https://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsc.va.gov%2Ffsc%2Feinvoice.asp&data=05%7C02%7C%7C222f646b0784457360a108dcf83b25d7%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638658180141568704%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=QfI8%2BSTcUpp%2FY7O3%2F2ClghmRLaNPa3Ffj4mTBt6JzUE%3D&reserved=0

B.2 STATEMENT OF REQUIREMENTS

The Department of Veterans Affairs (VA), Consolidated Mail Outpatient Pharmacy (CMOP) has a need to establish National Multiple Single Award IDIQs for Operational Supplies. The CMOP fills and ships millions of Veteran prescriptions a year. The operational supplies must meet CMOP and pharmaceutical specific dimensions for shipping in the United States Postal Service (USPS) and United Parcel Service (UPS). The stringent requirements are designed to ensure patient safety, deter theft while in transit, and ensure the integrity of items shipped.

The intent of this request is to standardize the CMOP’s purchasing of products, to secure fair pricing, and obtain high quality customer service. After consideration of proposals from responsive vendors, the CMOP reserves the right to cancel this initiative and does not guarantee that any award will be made as a result of this request.

*** If bidding on a CMOP requirement, ALL line items for that CMOP location must be proposed in order to be considered for an award. Up to seven (7) awards can be made to one vendor. ***

Period of Agreement:

See contract Delivery Schedule.

Delivery/invoice tickets:

Deliveries under this IDIQ must be accompanied by delivery tickets or sales slips that must contain the following information at a minimum:

a. Name of Vendor

b. Contract Number

c. IDIQ Number

d. CMOP Purchase order number

e. Date of purchase

f. Quantity, unit price, and name/model # of item

g. Date of shipment

Specifications of Items and Samples Needed:

See attachment “S02 - PRICING SCHEDULE - NATIONAL CMOP OP SUPPLIES - 36C77025R0004_2”.

Specifications of Items:

NOTE: Proposed items that do not match the exact specifications of the items reflected above will be considered and may, at the discretion of the Government, be awarded as an alternate item.

The Government’s intent is to consider alternate items that will satisfy its need within a de minimis deviation from the stated specifications. For example, minimal sizing/dimension variations in coolers, boxes, mailers and envelopes that allow for usage within the CMOP system will be considered.

Uninterrupted Source of Supply:

By establishing an IDIQ the vendor guarantees to provide an uninterrupted source of the established items from which to satisfy the Government’s requirements for the effective period of the awarded IDIQ. If, however, the vendor determines to terminate production of the awarded items, and contemplates replacement with alternative items, the CMOP reserves the right to review and accept the replacement at the same cost of the original product. The CMOP will have 1 (one) week to evaluate the replacement item. If the CMOP determines the replacement items to be unacceptable, the individual item(s) or the entire IDIQ may be cancelled.

Extent of obligation:

The Government is obligated only to the extent of authorized purchases made under each IDIQ.

Estimated Quantities:

The quantities listed in the Price Schedule are annual estimates only and are not to be considered a minimum or maximum. These estimates do not create any obligation to purchase any specified amount under this contract, and the Government will only be obligated to make payment for supplies requested and received in the quantities and the quality requested.

Notice of Individuals authorized to purchase under the IDIQ:

Ordering Officers (OO’s) will be authorized to place orders against the contract vehicle up to $250,000. The CO will furnish the vendor with the names of individuals authorized as OO’s by memorandum upon ordering officer appointment. OO’s are responsible for issuing and administering orders placed under the IDIQ. OO’s have no authority to modify any terms of the IDIQ. Any deviation from the terms of the IDIQ must be approved in writing by the CO responsible for the IDIQ. The vendor shall accept orders against the IDIQ only from the CO and/or authorized OO’s. Orders above $250,000 will be the responsibility of a warranted CO of NCO 15.

1. Ordering. This solicitation provides for award(s) of contract(s) in support of VA’s CMOPs Operational Mailing Supplies. Order placement:

• Will be issued from the effective date of the contract through the end of the contract period.

• Task Orders will be placed by appointed Ordering Officers. Ordering Officers(OO) will be designated at each site to place orders for their specific site only for the not to exceed(NTE) amount of $250K per order.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

2. Delivery. Delivery order requirements such as product quantities, time and place of delivery, and method of delivery for product(s) awarded on resultant contract(s) will be determined between the awarded contractor(s) and the OO placing the order at the various sites as specified IAW the Contract Ordering and Delivery Terms.

3. Inspection/Acceptance. The Government’s inspection rights become effective upon receipt at the Government ordering facility.

5. 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 delivered to the site and inspected for damage prior to acceptance.

IDIQ Modification:

1. An IDIQ may be modified by mutual agreement of the CMOP and the vendor. Each such modification shall be in writing, issued by the CMOP contracting activity and signed by the Contracting Officer (CO) and the vendor. Modifications shall become effective on the date signed by the Government. Only the Contracting Officer is authorized to make commitments or issue changes to this IDIQ which will affect the price, quantity, quality, or delivery of the contract.

2. The vendor shall not perform any service or deliver any product that will result in additional charges without prior approval from the Contracting Officer.

3. Once the IDIQ is established, products may not be substituted unless approval is in writing from the CO awarding or administering the IDIQ.

Use of Ordering Officers:

The CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract or agreement. When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. OOs do not have the authority to modify any of the terms and conditions in the contract or agreement. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to placing orders invoking those terms and conditions. The contractor must accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment. Orders will be placed via Electronic Data Interchange (EDI) if possible. If the vendor cannot set up EDI, specific ordering procedures will be modified into the contract after award.

Cancellation:

The VA is required to review each IDIQ on an annual basis.

Contract Effective Date:

The contract will be effective on the date the Contracting Officer signs the SF1449 and notifies the contractor of award. The first 60 days of the contract period will be an implementation period where Ordering Officers(OO) will begin placing orders with the various contractors for delivery of product to their perspective site. Orders placed with the contractor by Government participants will begin shipping based on the needs of each facility. Typically within two weeks After Receipt of an Order (ARO). The contractor shall ensure that sufficient inventory of contract items awarded under this solicitation are available to support the projected annual need for distribution of Government orders by the expiration of the contract implementation period. The current CMOPs are listed in Section B.2 Statement of Requirements of this solicitation. The current CMOPs may change, and the contractor will be notified of any changes during the term of the contract resulting from this solicitation. Payment terms, time and place of delivery and other business-to-business agreement terms shall be agreed upon between the Manufacturers (MFG) and contractor awarded a contract from this solicitation, that is not considered a MFG. The Contracting Officer shall be notified by the contractor if any business-to-business-agreements cannot be reached with the MFG NLT 20 calendar days before commencement of the period of performance. Failure or refusal to reach agreement with the MFG shall constitute sufficient cause for terminating the contract under Federal Acquisition Regulation Part 52.212-4(m), Contract Terms and Conditions-Commercial Items, Termination for Cause.

Contract Award:

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The following provides an overview of the terms and conditions for each IDIQ:

Scope:

a) Vendor shall provide operational supplies to the CMOP location as stated in the Statement of Requirements. The supplies will be used to prepare and mail Veteran patient prescriptions in durable, secure, quality products.

b) Products will need to function properly. Exchanges and/or refunds will be required for any product that does not function as needed. Defective product must be picked up within one (1) business days due to limited storage space within the CMOP. Credit for returned goods shall be made within 5 business days.

c) Depending on the needs of the CMOP, some deliveries will need to be more than three times a week up to daily. The vendor must be able to make on time deliveries and be able to adjust these deliveries to meet the changing production requirements.

d) The Vendor must be able to meet the quantity requirements of each item for the facility without delays. Emergency orders shall be delivered within 2 business days after receipt of an order. Fluctuations in workload can occur and the CMOP's usage of these products may sometimes double in a short period of time. Therefore, the vendor shall carry sufficient inventory to be able to complete large emergency orders.

e) Each case shall only contain one type/size of product. The outer box of each case shall contain the name/description of the item, lot number, purchase order number, quantity per case, stock number, and FIFO date (First in First Out).

B.3 PRICE/COST SCHEDULE

See attachment “S02 - PRICING SCHEDULE - NATIONAL CMOP OP SUPPLIES - 36C77025R0004_2”

CONTRACT MINIMUM AND MAXIMUM

a) There is likelihood that the volume may change, upward or downward, although total change cannot be estimated due to the type, age and fluctuation of throughput demands. Therefore, it is impossible to determine the exact quantities that will be required during the contract term, nor the quantities that may be required by each CMOP.

b) The contractor will be required to deliver the items listed under the contract during the contract term, in accordance with the terms and conditions of the contract, except as otherwise indicated in the offer and except as otherwise provided herein.

c) In accordance with FAR Clause 52.216-22, Indefinite Quantity, the guaranteed minimum award amount for each IDIQ contract is $50,000.00 at the time of award. The maximum aggregate value of orders that can be placed under an IDIQ contract is $49M. The Government does not guarantee that it will place any orders under a contract in excess of the guaranteed minimum awarded amount.

d) The attachment “S02 - PRICING SCHEDULE - OP SUPPLIES -

36C77025R0004_2” shall be completed with pricing for all items for each CMOP location being bided on. The attachment is #1 located in Section D.

B.4 DELIVERY SCHEDULE

CLINS DELIVERY LOCATIONS: QUANTITY

DELIVERY

DATE (TBD)

ALL

CLINS

760, CMOP Leavenworth, 5000 S. 13th Street Leavenworth, KS 66048

760, CMOP Leavenworth, 23501 W. 84th Street, Shawnee, Ks. 66227

Will be based on Quantity Ordered at the time of Need.

Ordering Officers will place Orders as needed per each Site

761, CMOP Chelmsford, 10 Industrial Ave Chelmsford, MA 01824

762, CMOP Tucson, 3675 E Britannia Dr.

Tucson AZ 85706

763, CMOP Dallas, 2962 S. Longhorn Dr.

Lancaster, TX 75134

764, CMOP Mid South, 3209 Elam Farms Parkway Murfreesboro, TN 37127

764, CMOP Murfreesboro, 5171 Sam Jared Drive Murfreesboro, TN. 37130

765, CMOP Great Lakes, 5th Ave & Roosevelt Rd BLD 37 NW DOCK 19, Hines, IL 60141

766, CMOP Charleston, 4136 Carolina Commerce Parkway Ladson SC 29456

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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:

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

COMMERCIAL ITEMS

SAMPLE TESTING:

In order to meet specifications, the product proposed shall meet all salient characteristics.

Salient characteristics are defined by product specifications per location.

1. Dimensions. For example:

• Mailers-7.5”x10.5”, 2” lip, ¾” anti-static strip

• Mailers-7.5" x 10.5"; Light self-seal, plain white ; 2" lip; 3/4" anti-static strip; no perf; matte surface, super-tough plastic inner layer; triple layer co-extruded polyolefin film; Inner packaged by 100ct

Quoted items that do not match the exact specifications of the items reflected will be considered and may, at the discretion of the Government, be awarded as an alternate item.

2. Box Certificate. Shipping boxes must meet minimum certification standard: psi burst limit, edge crush test, size limit, gross weight limit. Any product that fails to provide certification of the required standard will not be considered acceptable.

3. Color. The color must match the specified color.

4. Special characteristics. Characteristics include anti-static, glue, perforated, matte surface, non- toxic, ,triple layers, interlocking seals, etc. Items that have special characteristics must match the requirement or the product is not acceptable.

Samples will be visually inspected, measured, and placed in CMOP automation to ensure specifications are met and product meet quality standards.

Vendors shall provide all samples to be evaluated by each CMOP evaluation team at each location by the due date listed on SAM.gov. No Proposal will be accepted without the sample products. Please mark on the outside of the box “SAMPLE FOR TESTING”.

See B.2 Statements of Requirements (Specifications of Items and Samples Needed) and attachment “S02 - PRICING SCHEDULE - NATIONAL CMOP OP SUPPLIES - 36C77025R0004_2” in Section D”

VA CMOP Leavenworth – 760

Attn: Test Samples For SOL 36C77025R0004_2 23501 W. 84th Street Shawnee KS 66227

VA CMOP Chelmsford – 761

Attn: Test Samples For SOL 36C77025R0004 10 Industrial Avenue, Chelmsford, MA 01824

VA CMOP Tucson – 762

3675 Britannia Drive, Tucson, AZ 85706

VA CMOP Lancaster – 763

2962 S. Longhorn Dr Lancaster, TX 75134‐2118

VA CMOP Murfreesboro – 764

3209 Elam Farms Pkwy Murfreesboro, TN 37127‐7787

VA CMOP Hines – 765

BLVD 37 NW Dock 19 Hines, Illinois 60141

VA CMOP Charleston – 766

4136 Carolina Commerce Parkway Ladson, SC 29456

Proposals received without product samples as listed in the Statement of Requirements, and on attachment “S02 - PRICING SCHEDULE - NATIONAL CMOP OP SUPPLIES - 36C77025R0004_2” in Section D, will be considered as non-responsive and therefore unacceptable.

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR Number Title Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN

SEP 2019

C.3 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203- 13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488- 8244 for further instructions.

C.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the award of contract through to the end of the contract, which is anticipated to be five(5) years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $250,000.00

(2) Any order for a combination of items in excess of $250,000.00

(3) A series of orders from the same ordering office within 7 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the time specified in the order provided that, any delays are considered an “excusable” delay IAW 52.212-4(f).

(End of Clause)

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

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days . Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned…