89--East Orange NJ Bread Delivery Base + 4 Option Years Starting 12/31/2015-12/30/2020 **Signed Copies available upon request**

Table of Contents SECTION A 1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1 A.2 CONTRACT ADMINISTRATION DATA 3 A.3 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015) 4 A.4 52.216-18 ORDERING (OCT 1995) 10 A.5 52.216-19 ORDER LIMITATIONS (OCT 1995) 10 A.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) 11 A.7 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989) 11 A.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 11 A.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 12 A.10 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 12 A.11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 12 A.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) 13 A.13 VAAR 852.246-71 INSPECTION (2008) ALTERNATE I (JAN 2008) 13 A.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 13 A.15 VAAR 852.270-2 BREAD AND BAKERY PRODUCTS--QUANTITIES (JAN 2008) 14 A.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (NOV 2015) 15 A.2 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: Rockland Bakery, Inc b. GOVERNMENT: Contracting Officer 00243 Aleta Jennette Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 3 (10N3NCO) 130 West Kingsbridge Road Bronx NY 10468-3904 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [x] 52.232-34, Payment by Electronic Funds Transfer-Other Than 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] WITHIN 30 DAYS 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. Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE D. The following items shall be delivered to the VA Medical Center, 385 Tremont Avenue, East Orange, NJ 07018. Requirements are for the period 12/31/2015 through 12/30/2020 VAMC East Orange, NJ - Base Period (December 31, 2015 through December 30, 2016) Item # Description Quantity Unit Unit Cost Total Cost 1 Bread, White, Enriched, Pan Baked Round Top or Sandwich, Fresh, Type I, minimum 28 oz-28 slices loaf 1260 LF $1.30 $1,638.00 2 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx 192 BX $10.20 $1,958.40 3 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 300 BX $10.20 $3,060.00 4 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 28 oz-28 slices loaf 1980 LF $1.30 $2,514.00 5 Bread, Rye Loaf, Pan Baked, Round Top, Fresh, Type V, (soft), minimum 40 oz 34 slices 72 LF $3.25 $234.00 6 Bread, Rye, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 36 BX $11.20 $403.20 7 Bread Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 240 LF $2.50 $600.00 8 Rolls, White, Enriched, Soft, Pan Baked, Finger (Hot Dog) Fresh, Type II, 12/pkg, 16 oz pkg 120 DZ $1.30 $156.00 9 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No seeds on Top, Type III, 12/pkg 12 oz pkg 564 DZ $1.30 $733.20 TOTAL AGGREGATE PRICE BASE PERIOD: $11,356.80 VAMC East Orange, NJ - Option Year 1 (December 31, 2016 through December 30, 2017) Item # Description Quantity Unit Unit Cost Total Cost 1 Bread, White, Enriched, Pan Baked Round Top or Sandwich, Fresh, Type I, minimum 28 oz-28 slices loaf 1260 LF $1.33 $1,675.80 2 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx 192 BX $10.46 $2,008.32 3 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 300 BX $10.46 $3,138.00 4 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 28 oz-28 slices loaf 1980 LF $1.33 $2,633.40 5 Bread, Rye Loaf, Pan Baked, Round Top, Fresh, Type V, (soft), minimum 40 oz 34 slices 72 LF $3.33 $239.76 6 Bread, Rye, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 36 BX $11.48 $413.28 7 Bread Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 240 LF $2.56 $614.40 8 Rolls, White, Enriched, Soft, Pan Baked, Finger (Hot Dog) Fresh, Type II, 12/pkg, 16 oz pkg 120 DZ $1.33 $159.60 9 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No seeds on Top, Type III, 12/pkg 12 oz pkg 564 DZ $1.33 $750.12 11 Bread, Raisin, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 180 LF $2.56 $460.80 TOTAL AGGREGATE PRICE OPTION YEAR 1: $12,039.48 VAMC East Orange, NJ - Option Year 2 (December 31, 2017 through December 30, 2018) Item # Description Quantity Unit Unit Cost Total Cost 1 Bread, White, Enriched, Pan Baked Round Top or Sandwich, Fresh, Type I, minimum 28 oz loaf 1260 LF $1.36 $1,713.60 2 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx 192 BX $10.72 $2,058.24 3 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 300 BX $10.72 $3,216.00 4 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 28 oz-28 slices loaf 1980 LF $1.36 $2,692.80 5 Bread, Rye Loaf, Pan Baked, Round Top, Fresh, Type V, (soft), minimum 40 oz 34 slices 72 LF $3.41 $245.52 6 Bread, Rye, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 36 BX $11.77 $423.72 7 Bread Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 240 LF $2.62 $628.80 8 Rolls, White, Enriched, Soft, Pan Baked, Finger (Hot Dog) Fresh, Type II, 12/pkg, 16 oz pkg 120 DZ $1.36 $163.20 9 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No seeds on Top, Type III, 12/pkg 12 oz pkg 564 DZ $1.36 $767.04 11 Bread, Raisin, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 180 LF $2.62 $471.60 TOTAL AGGREGATE PRICE OPTION YEAR 2: $12,380.52 VAMC East Orange, NJ - Option Year 3 (December 31, 2018 through December 30, 2019) Item # Description Quantity Unit Unit Cost Total Cost 1 Bread, White, Enriched, Pan Baked Round Top or Sandwich, Fresh, Type I, minimum 28 oz-28 slices loaf 1260 LF $1.39 $1,751.40 2 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx 192 BX $10.99 $2,110.08 3 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 300 BX $10.99 $3,297.00 4 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 28oz-28 slices loaf 1980 LF $1.39 $2,752.20 5 Bread, Rye Loaf, Pan Baked, Round Top, Fresh, Type V, (soft), minimum 40 oz 34 slices 72 LF $3.50 $252.00 6 Bread, Rye, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 36 BX $12.06 $434.16 7 Bread Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 240 LF $2.69 $645.60 8 Rolls, White, Enriched, Soft, Pan Baked, Finger (Hot Dog) Fresh, Type II, 12/pkg, 16 oz pkg 120 DZ $1.39 $166.80 9 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No seeds on Top, Type III, 12/pkg 12 oz pkg 564 DZ $1.39 $783.96 11 Bread, Raisin, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 180 LF $2.69 $484.20 TOTAL AGGREGATE PRICE OPTION YEAR 3: $12,677.40 VAMC East Orange, NJ - Option Year 4 (December 31, 2019 through December 30, 2020) Item # Description Quantity Unit Unit Cost Total Cost 1 Bread, White, Enriched, Pan Baked Round Top or Sandwich, Fresh, Type I, minimum 28 oz-28 slices loaf 1260 LF $1.42 $1,789.20 2 Bread, White, Enriched, Pan Baked, Sandwich, Type I, Slices, Individually Wrapped, Marked & Dated, 100/bx 192 BX $11.26 $2,161.92 3 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 300 BX $11.26 $3,378.00 4 Bread, Wheat, Pan Baked, Round Top or Sandwich, Fresh, Type III, Minimum 24 oz loaf 1980 LF $1.42 $2,811.60 5 Bread, Rye Loaf, Pan Baked, Round Top, Fresh, Type V, (soft), minimum 40 oz 34 slices 72 LF $3.59 $258.48 6 Bread, Rye, Pan Baked, Round Top or Sandwich, Fresh, Type II, Slices, Individually Wrapped, Marked & Dated, 100/bx 36 BX $12.36 $444.96 7 Bread Raisin, Cinnamon, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 240 LF $2.76 $662.40 8 Rolls, White, Enriched, Soft, Pan Baked, Finger (Hot Dog) Fresh, Type II, 12/pkg, 16 oz pkg 120 DZ $1.42 $170.40 9 Rolls, White, Enriched, Soft, Pan Baked, (Hamburger), Fresh, No seeds on Top, Type III, 12/pkg 12 oz pkg 564 DZ $1.42 $800.88 11 Bread, Raisin, Fresh, Pan Baked, Round Top or Sandwich, Sliced, 16 oz loaf 180 LF $2.76 $496.80 TOTAL AGGREGATE PRICE OPTION YEAR 4: $12,974.64 VAMC Lyons Base Year December 31, 2015 through December 30, 2016 $ 11,356.80 Option Year 1 December 31, 2016 through December 30, 2017 $ 12,039.48 Option Year 2 December 31, 2017 through December 30, 2018 $ 12,380.52 Option Year 3 December 31, 2018 through December 30, 2019 $12,677.40 Option Year 4 December 31, 2019 through December 30, 2020 $12,974.64 _________________________________________________________________________ Total Aggregate Price Base + 4 One-Year Options $ 61,428.84 A.3 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015) (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 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, contract 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 contract 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (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 ITEMS 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: A.4 52.216-18 ORDERING (OCT 1995) (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 effective date of the contract through the end of the effective period. (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. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) A.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 , 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 ; (2) Any order for a combination of items in excess of ; or (3) A series of orders from the same ordering office within 1 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 5 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) A.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 12/30/2020. (End of...