01 - RFQ.pdf

15B41625Q00000003 Page 1 of 35

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B41625PR000052

PAGE 1 OF

5. SOLICITATION NUMBER

15B41625Q00000003

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/02/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Dominick Warmbein dwarmbein@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(605) 665-3262

8. OFFER DUE DATE / LOCAL

TIME

12/13/2024 07:30 CT

CODE 15B416

Federal Bureau of Prisons

FPC Yankton

1016 Douglas Avenue

Yankton, SD 57078

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

311999

SIZE STANDARD:

500 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B416CODE15. DELIVER TO

Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue Yankton, SD 57078

(O) (605) 665-3262

CODE 15B41616. ADMINISTERED BY

Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue Yankton, SD 57078

Dominick Warmbein

(O) (605) 665-3262 dwarmbein@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B416CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue Yankton, SD 57078

Stephanie Rivera / Kelsy Pick

(O) (605) 665-3262 srivera@bop.gov / kpick@bop.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SB Total Set-Aside FPC Yankton FY25 Q2 A1 FS Requirement

DELIVERY TO BE MADE ON OR BEFORE

JANUARY 15, 2024

Offers accepted only if submitted using this solicitation document and must include signature

VENDERS MUST SELF CERTIFY IN SAM.

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 THE CONTRACTING OFFICER (Type or print)

David Smith

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41625Q00000003 Page 2 of 35

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15B41625Q00000003 Page 3 of 35

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

3 List of Attachments 4 Solicitation Provisions

15B41625Q00000003 Page 4 of 35

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef Patty, 5 oz, by the pound

Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen. Ground Beef Patties shall consist of chopped fresh and/ or frozen beef without seasoning. In addition, product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders.

No partially defatted tissue or advanced meat recovery product.

PRODUCT MUST BE 6 MONTHS OR YOUNGER UPON

DELIVERY WITH THE DATE CLEARLY ON THE LABEL, (NO

STAMPED OR WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy, red appearance. Product that is grey, brown or tan in color will be rejected. Product to be packed in 10 to 60 lb. cases. 1 mil or thicker bags. No open bags. Size of patty to be 5 oz. DEL SCH 1

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Ground Beef, 80/20, by the pound

Meats, Beef, Ground, 80% Lean, IMPS 1136, delivered Frozen.

Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST

BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE

DATE CLEARLY ON THE LABEL, (NO STAMPED OR WRITTEN

DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy, red appearance. Product that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags. Note weight of packaging and case size on bid. DEL SCH 1

PSC: 8945

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Roast Beef, Raw, by the pound

Meats, Beef Roast, Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B, 180. Frozen, weight range 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item. MAY REQUIRE SAMPLE. DEL SCH 1

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Chicken Leg Quarter, by the pound

Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, IMPS P1031 Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, Unbreaded. "Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached.

Delivered amounts of Leg Quarter portions can be random

7,000 LB $________ $_________________

15B41625Q00000003 Page 5 of 35 sizing, with the portion size NOT TO BE SMALLER THAN 12 ounce and not to exceed 18 ounces. Packed in poly bag boxes.

Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused. Packaging/Production date cannot be more than 6 months old from delivery date. MUST

NOTE LEG QUARTER PORTIONS SIZE, NO SMALLER THAN 12

OUNCES AND NOT TO EXCEED 18 OUNCES. MAY REQUIRE

SAMPLE. DEL SCH 1

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Chicken Boneless/Skinless, by the pound

Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Boneless, skinless breasts must be free of cartilage and fat. Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted. Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process.

Unbreaded. Packed in 4-10 lb poly bags per boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. All packaging and packing materials must be clean and in new condition.

Products produced or labeled with any phrase “under religious exemption” will be refused.

NO MORE THAN 8% WATER OR BROTH WEIGHT. Packaging/ Production date cannot be more than 6 months old from delivery date. MAY REQUIRE SAMPLE. DEL SCH 1.

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Fish, Fillet, Raw, 4-7 oz, by the pound

Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. (Grade Standards are separate for Cod, Flounder, Sole, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing.

100% net weight, NO WATER OR GLAZE WEIGHT ADDED. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 4 to 7 oz. DEL SCH 1

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Hot Dogs, 10-1, by the pound

Meats, Frankfurters (Hot Dogs), Fully Cooked, Frozen, Beef ONLY, 6 inch, 10:1 Ratio, Skinless, Without non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, wheat, rice, soy flour, or soy protein concentrate. (IMPS 800, Major Ingredient D or D1 OR CID A-A-20341, Meat Species II, Size A, Ratio 1, Non-meat binders and extenders (a) or (b). The finished product shall not contain more than 30 percent fat, or no more than 10 percent added water, or a combination of 40 percent fat and added water. Non-meat binders and extenders may be used up to 3.5 percent or isolated soy protein may be used up to 2 percent in the frankfurters per 9 CFR § 424.21 (c). All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS)

500 LB $________ $_________________

15B41625Q00000003 Page 6 of 35

Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling. DEL SCH 1

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Italian Sausage, Pork, by the pound

Meats, Italian Sausage, Pork, Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links, 4 - 5-ounce range. Italian sausage is a fresh, uncooked, linked product. The meat components shall be chopped or ground to a moderately course texture. The sausage itself (or interior cut surface of links) is moderately coarse in texture with a uniform color ranging from medium to dark reddish-brown with evenly distributed fat particles. The links shall be in a natural hog or collagen casing. Links shall be moderately uniform in length and diameter. IMPS 818, Italian Sausage, Formula D, P2, or P3, Flavoring B, Type E. Product will be delivered frozen. Product will not contain SOY. Specify portion size on bid. DEL SCH 1

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Pork Roast, by the pound

Meats, Pork Roast, Pork Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Paper Wrapping, Weight Range A or B, 4 to 8 lb. Quote MUST indicate average roast weight of quoted item.

DEL SCH 1DEL SCH 1

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Margarine Bulk, by the pound

Margarine, Bulk, All Vegetable. Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part

166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

Note size of container/case size on bid. DEL SCH 1

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Beans, Black, Dry, by the pound

Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3. 50 lb bags.

DEL SCH 1

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Beans, Kidney, Dry, by the pound

Beans, Dry, Kidney, Whole, U.S. Grade 1 - 3. 50 lb. bags. DEL

SCH 1

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Beans, Navy, Dry, by the pound

Beans, Dry, Navy, Whole, U.S. Grade 1 - 3. 50 lb. bags. DEL SCH

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Beans, Pinto, Dry, by the pound

Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3. 50 lb. bags. DEL SCH

PSC: 8945

3,000 LB $________ $_________________

15B41625Q00000003 Page 7 of 35

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Brown Sugar by the pound

Sugar, Brown, Light or Dark (CID A-A-20135D, Type II, Style A or B). 50 lb. bag weight on bid. DEL SCH 1

PSC: 8945

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Carrots, 6-#10 cans

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum drain weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case. State type of can on bid. DEL SCH 1

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Catsup, Case, 6-#10 cans

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans. DEL SCH 1

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Cereal Assorted Sugar, by the pound

Cereal, Assorted, Sugar Coated Flavors, Ready to Eat, Bulk Package Range-12 to 40 lb Case.(CID A-A-20000E, Any Sugar Type and Class, Grain Composition a or b, Fiber 2), Sugar a), b), or c), Sodium (a), Packaging type (vii), Agricultural practice (aa)).

Bulk package range 12 to 40 lb case. Specify case weight on bid. Cereal, Assorted, Sugar Coated Flavors, Ready to Eat, Bulk Package Range-12 to 40 lb Case.(CID A-A-20000E, Any Sugar Type and Class, Grain Composition a or b, Fiber 2), Sugar a), b), or c), Sodium (a), Packaging type (vii), Agricultural practice (aa)).

Bulk package range 12 to 40 lb case. Specify case weight on bid.

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Bran Flakes, 20-pound case

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A- A-20000D, Type I, Class 5, Grain Composition A). Bulk package range 12 to 40 lb. case. Specify case weight on bid. DEL SCH 1

PSC: 8945

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Corn, 6-#10 cans

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR

155.130. Originated from crops that have been 100 percent

grown, processed, and packed in the United States or Canada. 6/ #10 cans. DEL SCH 1

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Dressing, Caesar, 4/1 Gallon

Dressing, Caesar, Regular (CID A-A-20162B, Type I, Style 1, Class C). Salad Dressing shall comply with 21 CFR 169.150. 4/1 gallon plastic containers per case. DEL SCH 1DEL SCH 1

20 CS $________ $_________________

15B41625Q00000003 Page 8 of 35

0022 Dressing, Italian, Gallon 4-1

Dressing, Italian, Regular (CID A-A-20162B, Type I, Style 1, Class C). Salad Dressing shall comply with 21 CFR 169.150. 4/1 gallon plastic containers per case. MUST SEND SAMPLE.

DEL SCH 1DEL SCH 1

PSC: 8945

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Dressing, Heavy Mayonnaise, Gallon

Dressing, Heavy Mayonnaise, Regular (CID A-A-20140D, Type I, Style A,). 1 - Gallon plastic container. MAY REQUIRE SAMPLE.

DEL SCH 1

PSC: 8945

300 GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Dressing, Ranch, Gallon 4-1

Dressing, Ranch, Pourable, Regular, Creamy Style. (CID A- A-20162B, Type I, Style D). 4/1 Gallon plastic containers per case.

DEL SCH 1

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Flour, All Purpose, Pounds

Flour, General, All Purpose, Unbleached. (CID A-A-20126F, Type III, Style B). DEL SCH 1

PSC: 8945

7,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Garlic Powder, Pounds - 1

Spices, Garlic, Powder. From dehydrated garlic bulb ground to a fine powder after the milling process. 100% air dried garlic.

Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic. No off notes. Texture - A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Specify case/bag weight on bid. MUST SEND SAMPLE. DEL SCH 1

PSC: 8945

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Green Beans, 6-#10 cans

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Tye, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case. DEL

SCH 1

PSC: 8945

90 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Syrup, 4-1 gallon

Syrup, Table, Regular, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E.) Syrup shall be manufactured in accordance with the U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. 4/1 Gallon Plastic Containers per case. State flavor on bid. MAY REQUIRE SAMPLE. DEL SCH 2

PSC: 8945

35 CS $________ $_________________

15B41625Q00000003 Page 9 of 35

0029 Jalapeno, Case, 6-#10

Vegetable, Peppers, Jalapenos, Sliced. U.S. Grade, U.S. Fancy, U.S. No. 1, or U.S. No. 2. As defined in Title 7, 51.1282 - 1284. 6/ #10 cans or pouches per case. State can or pouch on bid.

Vegetable, Peppers, Jalapenos, Sliced. U.S. Grade, U.S. Fancy, U.S. No. 1, or U.S. No. 2. As defined in Title 7, 51.1282 - 1284.

6/#10 cans or pouches per case. State can or pouch on bid. DEL

SCH 1

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Kosher Peanut Butter, Idn 100 ct case

Kosher Peanut Butter, Regular, Stabilized, Non-fortified, Individual Packets. EACH. .5 ounce - 2-ounce Packet, Certified Kosher Parve, CID A-A20328B, Style I, Class A, Texture 1, Type A. Total amount may be adjusted to the next highest case count. Specify packet size on bid. *Each individual package must be marked with the kosher certification hechsher. Kosher Peanut Butter, Regular, Stabilized, Non-fortified, Individual Packets. EACH. .5 ounce - 2-ounce Packet, Certified Kosher Parve, CID A-A20328B, Style I, Class A, Texture 1, Type A. Total amount may be adjusted to the next highest case count. Specify packet size on bid. *Each individual package must be marked with the kosher certification hechsher. DEL SCH 1

PSC: 8945

12 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Kosher Potato Chips, each

Kosher Potato Chips, Individual Package. EACH. 1 Ounce Sealed Individual Package, Certified Kosher Parve, See Delivery Schedule. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8945

4,379 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Kosher Tartar Sauce, Ind 200 count case

Kosher Tartar Sauce, Individual Packet. EACH. 9 Gram Individual Packet, Certified Kosher Parve, CID A-A 20140D, Type III, Style A. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8945

1 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Mixed Vegetables, 6#10 cans

Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Sald Added, Low Sodium, or Other. (CID A-A-20120E, Type II, Style A, B, C, D, or E). Minimum drain weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case. DEL SCH

1DEL SCH 1

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Pancake Mix, 50 lbs bag

Pancake, Frozen, Regular, Any Flavor, Any Shape 1.25-1.5 oz.

(CID A-A-20234B, Type II, Style A or B, Class 2, Any Flavor, Shape 1 - 8). Each. Specify size and case count on bid. DEL

SCH 3DEL SCH 1

PSC: 8945

30 BG $________ $_________________

0035 Pasta, Elbow Macaroni, Pounds 700 LB $________ $_________________

15B41625Q00000003 Page 10 of 35

Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062E, Type I, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.113 and 21 CFR 139.135. 1 lb to 40 lb sealed bags. Specify case weight on bid. DEL SCH 2

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Pasta, Lasagna, pounds

Pasta, Lasagna Noodles, Curl or Flat Form, Regular. (CID A- A-20062E, Type VIII, Class 1 of 2, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb. to 40 lb. sealed bags. Specify case weight on bid. DEL SCH 1

PSC: 8945

180 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Pasta, Spaghetti, pounds

Pasta, Spaghetti, Long Form, Regular. (CID A-A-20062E, Type VI, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb. to 40 lb.

sealed bags. Specify case weight on bid. DEL SCH 1

PSC: 8945

780 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Peanut Butter, Bulk, pounds

Peanut Butter, Regular or Reduced Fat, Smooth or Chunky/ crunchy, Plain, Stabilized, Non-fortified, Salted or Unsalted, Conventional. (CID A-A-20328C, Style I, Form (a) or (b), Class A or B, Texture 1 or 3, Type a, Flavor (1), Fortification 1 i, Seasoning

(a) or (b), Packaging 5 - size g, Agricultural practices (1)). 1 to 50 lb. sealed Plastic Pail. Specify weight of container on bid DEL

SCH 1

PSC: 8945

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Peas, Green, 6-#10 cans

Vegetable, Peas, Sweet, Canned. U.S. Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

DEL SCH 1

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Rice, Parboiled, bulk, pounds

Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light ONLY. 50 lb. bag. DEL SCH 1

PSC: 8945

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Salad Oil. 35 lb. container

Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. (CID A- A-20091D, Type II). Containers must be 35 lb. Containers. Note size of container on bid. DEL SCH 1

PSC: 8945

100 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Salsa canned, 6-#10 case

Salsa, Ready made, Mild Salsa, 6/#10 cans per case, CID A- A-20210D

40 CS $________ $_________________

15B41625Q00000003 Page 11 of 35

0043 Salt, bulk, pounds

Spices, Salt, Food Grade or Table, Iodized. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent. Bulk. Specify package size on bid. Note price by the pound. DEL SCH 1

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Shortening by the pound

Shortening, General Purpose, (CID A-A 20100D, Type I).

Shortening will consist only of partially hydrogenated deodorized vegetable oil or blends of vegetable oils. Product shall not contain antioxidants or antifoaming agents. Smoke point meets or exceeds 425 degrees F, 50 lb block. Specify case weight on bid. DEL SCH

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Spinach, 6-#10 cans

Vegetable, Spinach, Cut leaf of Sliced, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 51.990. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case. DEL SCH 1

PSC: 8945

40 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Sugar by the pound

Sugar, White (Refined), Granulated (fine, extra fine, or super fine) (CID A-A-20135D, Type I, Style A or B). Specify case/bag weight on bid. DEL SCH 1

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Taco shells, 200 per case

Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape b, Enrichment type i). Each. Specify case count on bid. DEL SCH 1

PSC: 8945

68 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Tomatoes, Diced, 6-#10 case

Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A - C, Average drained weight of 54.7 to 63.5 ounces per #10 can. 6/#10 cans.

DEL SCH 2

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Tortilla Chips, Bulk, pounds

Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.

Specify case count on bid. DEL SCH 1

PSC: 8945

516 LB $________ $_________________

0050 Whole Wheat Bakers Flour, pounds 1,700 LB $________ $_________________

15B41625Q00000003 Page 12 of 35

Flour, All Purpose wheat flour, or Bakers Wheat Flour, Unbleached or Bleached. (CID A-A-20126H, Type I (Class 1-3), II (Class 1-2) or III (Class 1-5) VI, Style A or Style B, Protein level a-d, Packaging type 1) Size g-j, Agricultural practice i ).

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Flour, Tortilla 10", each

Tortillas, White with spices or herbs. 10" in diameter, Round Shelf stable, refrigerated, or frozen Table Ready. (CID A-A-20143B, Type 1, Style B, C, or E, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. Specify case count and tortilla size on bid. DEL SCH 1

PSC: 8945

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 French Fries, frozen fryable, pounds

Vegtable, Potatoes, French Fries, Frozen, Institutional type, Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 by 3/4 inch and be Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer. FRYABLE. Fry color to be Extra light, Light or Medium light. U.S. Grade A, U.S. Fancy, or U.S. Grade B. As defined in Title 7 52.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. Examples of acceptable types also includes waffle cut. No shoe-string or steak fries. State case weight on bid. DEL SCH 1

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Tortilla, Corn, each, 360 count case

Tortillas, Corn, 5” to 7” in diameter, Round, Shelf stable, refrigerated, or frozen, Table Ready. (CID A-A-20143B, Type I, Style A, Size 4, 5, or 6, Shape a, Enrichment type i, Product state a, c, or d, Cook state I). Each. State case count on bid

PSC: 8945

12 CS $________ $_________________

Once an order is awarded, the contractor must sign the agreement; otherwise, the award will be rejected.

15B41625Q00000003 Page 13 of 35

Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(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 act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(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, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

15B41625Q00000003 Page 14 of 35 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 (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar 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 language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(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.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

15B41625Q00000003 Page 15 of 35

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.

Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.

(xiv) Confidential information.

(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.

(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/ or searches performed by the Government or by contractor at the Government's direction under this contract or order, including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors

15B41625Q00000003 Page 16 of 35 on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge, disclose, disseminate, or publicize any such information to any third party except as provided in this provision without the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible for any violations of confidentiality by a subcontractor.

(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an…