15B10127Q00000002 Dairy.pdf
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- Attached to
- FPC ALDERSON FY27 QTR 1 DAIRY Federal contract opportunity
- Solicitation number
- 15B10127Q00000002
About this file
This is a Request for Quote (RFQ) for commercial dairy products issued by the Federal Bureau of Prisons, FPC Alderson facility in Alderson, West Virginia.
The solicitation requests quotes for first quarter FY27 (October 1 – December 31, 2026) dairy requirements with fresh weekly deliveries. The specific items required include: 15,000 units of whole milk in 1/2 pint containers, 250 units of 5-gallon milk containers, 100 units of cottage cheese, and 100 units of sour cream. All products must meet specific federal specifications (CID standards) and comply with 21 CFR §131.110 for milk identity standards. Quantities are subject to variation due to population fluctuations, with food service staff verifying weekly needs by phone. The contract is structured as a Firm Fixed Price arrangement with delivery required to FPC Alderson, PO Box A, Alderson, WV 24910-0990. The solicitation number is 15B10127Q00000002, with an offer due date of August 21, 2026 at 8:00 AM ET. This is a 100% small business set-aside contract. The contracting officer is Ashley E. Tabor (atabor@bop.gov). Payment will be made to the Federal Bureau of Prisons, FPC Alderson, ALD-Cashier@bop.gov. The solicitation incorporates standard FAR clauses including Buy American requirements, payment by electronic funds transfer, small business provisions, and various compliance and security clauses applicable to Department of Justice contracts.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Award Decision Memo.pdf | ||
| 1. COVER PAGE.pdf | ||
| 4.+Quote+Sheet+Cover.pdf | ||
| FY27 1ST QTR DAIRY SPECS.pdf | ||
| 2. FY27+Dairy++Combined+Synopsis_Clause+and+Provisions.pdf | ||
| 3. DELIVERY SCHEDULE-Dairy.pdf |
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15B10127Q00000002 Page 1 of 16
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.
1. REQUISITION NUMBER
15B10127PR000002
PAGE 1 OF
5. SOLICITATION NUMBER
15B10127Q00000002
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/04/2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
08/21/2026 08:00 ET
CODE 15B101
Federal Bureau of Prisons
FPC Alderson
One Glen Ray Road
Alderson, WV 24910
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):
SIZE STANDARD:
10. THE ACQUISITION IS
SEE SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
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
BALDCODE15. DELIVER TO
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
CODE 15B10116. ADMINISTERED BY
Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910
A. Tabor atabor@bop.gov
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
BALDCODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
ALD-Cashier@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
1ST QUARTER FY27 Dairy Requirements.
52.232-18 Availability of Funds
**FRESH WEEKLY DELIVERIES**
Quantities may vary due to population fluctuations. Food Svc staff will call weekly to verify needs.
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
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)
Ashley E Tabor
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
15B10127Q00000002 Page 2 of 16
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
15B10127Q00000002 Page 3 of 16
Table of Contents
Section Description Page Number
Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 Alt I (DEV) System for Award Management-Maintenance (Oct 2018) - Alternate I
(DEVIATION NOV 2025)
52.209-6 (DEV) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)
(DEVIATION NOV 2025)
52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)
(DEVIATION NOV 2025)
52.212-4 Alt I (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) - Alternate I (Nov 2021) (DEVIATION NOV 2025) 52.219-6 Alt I (DEV) Notice of Total Small Business Set-Aside (Nov 2020) - Alternate I (Mar
2020) (DEVIATION DEC 2025)
52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies (Jan 2025)
(DEVIATION MAR 2026)
52.222-35 Alt I (DEV) Equal Opportunity for Veterans (Jun 2020) - Alternate I (Jul 2014)
(DEVIATION DEC 2025)
52.222-36 Alt I (DEV) Equal Opportunity for Workers with Disabilities (Jun 2020) - Alternate I (Jul 2014) (DEVIATION DEC 2025) 52.222-50 Alt I (DEV) Combating Trafficking in Persons (Oct 2025) - Alternate I (Mar 2015)
(DEVIATION DEC 2025)
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Alt I (DEV) Protest after Award (Aug 1996) - Alternate I (Jun 1985) (DEVIATION
NOV 2025)
52.233-4 (DEV) Applicable Law for Breach of Contract Claim (Oct 2004) (DEVIATION NOV 2025) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems (APR 2026) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) DOJ-09 Large Language Models (MAR 2026) 52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.225-1 Alt I (DEV) Buy American-Supplies (Oct 2022) - Alternate I (Oct 2022) (DEVIATION
DEC 2025)
52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-36 (DEV) Payment by Third Party (May 2014) (DEVIATION NOV 2025)
3 List of Attachments 4 Solicitation Provisions
52.203-11 Certification And Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025)
15B10127Q00000002 Page 4 of 16
52.229-11 (DEV) Tax on Certain Foreign Procurements--Notice and Representation (Jun
2020) (DEVIATION AUG 2025)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.225-2 Buy American Certificate (Oct 2022)
15B10127Q00000002 Page 5 of 16
Section 1 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0168 Dairy, Milk (Whole) 1/2 pint containers.
Dairy, Milk, Pasteurized, Milk (Whole), No Flavor. (CID A- A-20338A, Group I - Pasteurized, Type A - Milk, Flavor 5 - Other (as specified by the purchaser - No Flavor), Packaging size c -
236.6 ml (8 fl oz) aseptic package or d - 236.6 ml (8 fl oz) plastic bottle, Agricultural practice (1) - Conventional). Milk must comply with all criteria of the definition and standard of identity in 21 CFR§131.110. ½ pint containers.
PSC: 8910
Line Period of Performance: 10/01/2026 - 12/31/2026
Delivery Schedule:
Delivery Description:
Delivery Number: 1 Delivery Required On: 10/01/2026 Quantity: 15,000.000000
Delivery Address:
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
15,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0169 5 Gallon Containers for milk
Dairy, Milk, Pasteurized, Milk (Whole), No Flavor. (CID A- A-20338A, Group I - Pasteurized, Type A - Milk, Flavor 5 - Other (as specified by the purchaser - No Flavor), Packaging size j
- Other (as specified by the purchaser - 5 gallon), Agricultural practice (1) - Conventional). Milk must comply with all criteria of the definition and standard of identity in 21 CFR§131.110. 5 Gallon Containers for Milk Dispenser.
PSC: 8910
Line Period of Performance: 10/01/2026 - 12/31/2026
Delivery Schedule:
Delivery Description:
Delivery Number: 1 Delivery Required On: 10/01/2026 Quantity: 250.000000
Delivery Address:
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
250 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0170 Dairy, Cottage Cheese, Dairy, Cottage Cheese, Cultured or Acidified, Low Fat (2%), Fat Free, Cottage Cheese, or No Salt Added Low Fat Types, Unflavored, Small or Large Curd, Once the cottage cheese is packaged, the cottage cheese must have a remaining shelf life of at least 60 days. (CID A-A-20154C, Group I or II, Style A or B, Types 2, 3, 4, or 5, Flavor (a), Packaging size (7) - Other (as specified by purchaser), Agricultural practice (a). Note type and package size on bid.
PSC: 8910
Line Period of Performance: 10/01/2026 - 12/31/2026
Delivery Schedule:
100 EA $________ $_________________
15B10127Q00000002 Page 6 of 16
Delivery Description:
Delivery Number: 1 Delivery Required On: 10/01/2026 Quantity: 100.000000
Delivery Address:
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0171 Sour Cream
Dairy, Cream, Pasteurized, Sour Cream, Reduced Fat Sour Cream, Low-fat Sour Cream, or Nonfat Sour Cream, No Flavor. (CID A- A-20251, Group I, Type F, H, I, or J, No Flavor). Note type and package size on bid.
PSC: 8910
Line Period of Performance: 10/01/2026 - 12/31/2026
Delivery Schedule:
Delivery Description:
Delivery Number: 1 Delivery Required On: 10/01/2026 Quantity: 100.000000
Delivery Address:
Federal Bureau of Prisons FPC Alderson
PO BOX A
Alderson, WV 24910-0990
100 EA $________ $_________________
15B10127Q00000002 Page 7 of 16
Section 2 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
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): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017)
52.204-13 Alt I (DEV) System for Award Management-Maintenance (Oct 2018)
- Alternate I (DEVIATION NOV 2025)
52.209-6 (DEV) Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan
2025) (DEVIATION NOV 2025)
52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic
Corporations (Nov 2015) (DEVIATION NOV 2025)
52.212-4 Alt I (DEV) Terms and Conditions-Commercial Products and
Commercial Services (Nov 2023) - Alternate I (Nov
2021) (DEVIATION NOV 2025)
52.219-6 Alt I (DEV) Notice of Total Small Business Set-Aside (Nov 2020) -
Alternate I (Mar 2020) (DEVIATION DEC 2025)
52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies
(Jan 2025) (DEVIATION MAR 2026)
15B10127Q00000002 Page 8 of 16
Clause Title Fill-ins (if applicable)
52.222-35 Alt I (DEV) Equal Opportunity for Veterans (Jun 2020) - Alternate I
(Jul 2014) (DEVIATION DEC 2025)
52.222-36 Alt I (DEV) Equal Opportunity for Workers with Disabilities (Jun
2020) - Alternate I (Jul 2014) (DEVIATION DEC 2025)
52.222-50 Alt I (DEV) Combating Trafficking in Persons (Oct 2025) - Alternate
I (Mar 2015) (DEVIATION DEC 2025)
52.226-8 Encouraging Contractor Policies To Ban Text
Messaging While Driving (May 2024)
52.232-33 Payment by Electronic Funds Transfer-System for
Award Management (Oct 2018)
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023)
52.233-3 Alt I (DEV) Protest after Award (Aug 1996) - Alternate I (Jun 1985)
(DEVIATION NOV 2025)
52.233-4 (DEV) Applicable Law for Breach of Contract Claim (Oct 2004)
(DEVIATION NOV 2025)
2852.212-4 Contract Terms and Conditions, Commercial Items (FAR
Deviation) (NOV 2020)
DOJ-01 Whistleblower Information Distribution (Oct 2021)
DOJ-02 Contractor Privacy Requirements (JAN 2022)
DOJ-05 Security of Department Information and Systems (APR
2026)
DOJ-08 Continuing Contract Performance During a Pandemic
Influenza or other National Emergency (OCT 2007)
DOJ-09 Large Language Models (MAR 2026)
Clauses By Full Text
52.252-2 Clauses Incorporated by Reference (Feb 1998)
15B10127Q00000002 Page 9 of 16
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):
www.acquisition.gov [Insert one or more Internet addresses]
(End of clause)
52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025)
(a) Except as provided in paragraph (b) of this clause, the Contractor must not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons—
(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-
(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and
(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order11755, as amended by Executive Orders 12608 and 12943.
(End of clause)
52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)
(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
15B10127Q00000002 Page 10 of 16
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer;
and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
52.225-1 Alt I (DEV) Buy American-Supplies (Oct 2022) - Alternate I (Oct 2022) (DEVIATION DEC 2025)
(a) Definitions. As used in this clause--
Commercially available off-the-shelf (COTS) item--
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into an end product.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Domestic end product means--
15B10127Q00000002 Page 11 of 16
(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds _______ percent of the cost of all its components. [Contracting officer to insert the percentage.]; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign end product means an end product other than a domestic end product.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item, except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."
52.232-18 Availability of Funds (Apr 1984)
15B10127Q00000002 Page 12 of 16
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond __________. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond __________, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.232-36 (DEV) Payment by Third Party (May 2014) (DEVIATION NOV 2025)
(a) General. (1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract.
(2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP). Information on TOP is available at https:// www.fiscal.treasury.gov/TOP/. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card.
(b) Contractor payment request. (1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor.
(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized.
(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract.
(d) Documentation. Documentation of each charge against the Government's account shall be provided to the Contracting Officer upon request.
(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940, (31 U.S.C. 3727, 41 U.S.C. 6305).
(f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph (c) of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request.
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[END OF ADDENDUM TO FAR 52.212-4]
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Section 3 - List of Attachments
This Section Is Intentionally Left Blank
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Section 4 - Solicitation Provisions
Provisions By Reference
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov
Provision Title Fill-ins (if applicable)
52.203-11 Certification And Disclosure Regarding Payments to
Influence Certain Federal Transactions (Sept 2024)
52.204-7 (DEV) System for Award Management-Registration (Nov 2024)
(DEVIATION NOV 2025)
52.229-11 (DEV) Tax on Certain Foreign Procurements--Notice and
Representation (Jun 2020) (DEVIATION AUG 2025)
Provisions By Full Text
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)
(a) Definition. As used in this provision--
"Internal confidentiality agreement or statement, subcontract, and subcontractor", are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure
15B10127Q00000002 Page 16 of 16
Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.225-2 Buy American Certificate (Oct 2022)
(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see
FAR 25.105).
(4) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(b) Foreign End Products:
Line item No. Country of origin Exceeds 55% domestic content (yes/no) [List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. _______________
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of provision)
| 2026-08-04T14:39:36-0400 | |
| ASHLEY TABOR |
File details come from the government source that posted it. Updated .