15B11821Q00000003.pdf

15B11821Q00000003 Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B11821Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/18/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TONY TAYLOR T1TAYLOR@BOP.GOV

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

03/04/2021 16:00 ET

CODE 15B118

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B118CODE15. DELIVER TO

Federal Bureau of Prisons USP Big Sandy

1197 AIRPORT ROAD

Inez, KY 41224

CODE BBSY16. ADMINISTERED BY

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

TONY TAYLOR

T1TAYLOR@BOP.GOV

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBSYCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

Jessica Stumbo BSY-AccountsPayable@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 NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 04/01/2021

3RD QTR FY2021 SUBSISTENCE (GENERAL)

RP#

***DELIVERIES MUST BE MADE BETWEEN APRIL

1, 2021 - APRIL 16, 2021 MONDAY THROUGH

FRIDAY BETWEEN THE HOURS OF 7:30AM -

2:30PM***

SMALL BUSINESS SET-ASIDE

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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: REF. _____________________________ 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)

Tony Taylor

31c. DATE SIGNED

02/18/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B11821Q00000003 Page 2 of 44

19.

ITEM NO.

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. 2/2012) BACK

15B11821Q00000003 Page 3 of 44

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

52.242-15 Stop-Work Order (Aug 1989) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Nov 2020) 52.232-18 Availability of Funds (Apr 1984) 52.233-3 Protest after Award (Aug 1996)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2020) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.233-2 Service of Protest (Sept 2006) 52.212-2 Evaluation-Commercial Items (Oct 2014)

15B11821Q00000003 Page 4 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Vegetable, Potatoes, (TATER TOTS) OVENABLE. Preformed, Precooked, Frozen, Institutional Type, Round, Cross-Sectional dimensions 3/4" to 1" diameter.

Length 1 to 1 1/2 inch, 47-54 units per pound, SEASONED with spices or seasoned with spices and salt. OVEN BAKED. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Lenth I, Count A, Seasoning 2, 3, or 5, Cooking Method A) Originated from crops that have been 100 percent grown, processed and packed in the United States or Canada.

OVENABLE MUST BE STATED ON THE BOX AS PART OF

COOKING INSTRUCTIONS.

CASE SIZE: 30 lb. each

Firm Fixed Price

PSC: 8945

300 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape B, Enrichment Type I). Each. State case count on bid.

Case Size: 200 per case.

Firm Fixed Price

PSC: 8925

75 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Super sweet, 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 PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS

Firm Fixed Price

PSC: 8915

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beef, Ground, 80% Lean, IMPS 136, Will consist of chopped fresh and/or frozen beef without seasoning. Beef 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 trimmed beef cheek meat is used in 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 letters will NOT be accepted in lieu of labeling. Beef must have a rosy red appearance upon delivery.

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.

MUST NOT BE REPACKED. MUST BE FROM MAJOR PACKER.

NOTE WEIGHT OF PACKAGING, AND CASE SIZE ON BID.

7,000 LB $________ $_________________

15B11821Q00000003 Page 5 of 44

Firm Fixed Price

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Beverage Mix, Assorted Flavors, Individual Packs, Each pack is to make a 8 oz. serving, 1 oz. pks.

1,000 PER CASE

Firm Fixed Price

PSC: 8905

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 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 poly bag boxes.

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.

(40lb CASE). MUST BE FROM MAJOR PACKER. MUST NOT BE

REPACKED.

Firm Fixed Price

PSC: 8905

18,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 Cans Per Case

Firm Fixed Price

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned with salt, without salt, no salt 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.

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 CANS PER CASE

Firm Fixed Price

PSC: 8920

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Vegetable, Peas, Sweet, Canned. US 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.

112 CS $________ $_________________

15B11821Q00000003 Page 6 of 44

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 Cans Per Case

Firm Fixed Price

PSC: 8920

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 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 drum

(attached), with portion of the back attached. Delivered amounts of leg quarter portions can be random sizing, with the portion size

NOT SMALLER THAN 12 OUNCE AND NOT TO EXCEED 16

OUNCE. Packed in poly bag boxes. 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.

MUST BE FROM MAJOR PACKER. MUST NOT BE REPACKED.

Firm Fixed Price

PSC: 8920

18,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case. 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 Specification for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, n, soybean, or peanut oil. Margarine contains not less that 80% fat.

Firm Fixed Price

PSC: 8945

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride.

Product will not contain animal by products or ingredients.

Note package size on bid.

Firm Fixed Price

PSC: 8920

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Gravy Mix, Dry, Beef-Pounds.

Firm Fixed Price

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Beef Roast, Raw Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B. Frozen, weight range 12 to 28

lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

BY THE LB

Firm Fixed Price

PSC: 8905

7,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B11821Q00000003 Page 7 of 44

0016 Cheese, Shredded, Cheddar, Pounds.

Firm Fixed Price

PSC: 8945

1,800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 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.

30 LB CASE

Firm Fixed Price

PSC: 8945

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Mozzarella Cheese Shredded, Pounds

Mozzarella Cheese Shredded, Pounds

Firm Fixed Price

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 French Toast, Frozen, Regular or Low Fat, Any Flavor, No Sticks.

(CID A-A-20234B, Type II, Style A or B, Class 3, Flavor A, B, C, or D, Shape 1 - 8). Full Slice Only

Case Size: 144 Count Case

Firm Fixed Price

PSC: 8945

75 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Syrup, Table, or Light, 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.

Firm Fixed Price

PSC: 8920

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Tortillas, Wheat, White with spices or herbs, or Other. 7" in diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. State case count on bid.

Firm Fixed Price

PSC: 8945

27,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets. (CID A-A-20178C, Types I-VI, Style A, Package 1). Each individual is .80 to 1.0 Gram.

2,000 Count per Case

Firm Fixed Price

PSC: 8925

150 CS $________ $_________________

15B11821Q00000003 Page 8 of 44

0023 Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, Paper Separation or IQF. Patties shall consist of chopped fresh and/or frozen beef without seasoning. Beef must be produced from current raw material, no bench trimmings, steak trim, or reground product to be used. Patties will not contain more than 20% fat, and will 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 ON THE LABEL. NO STAMPED/

WRITTEN DATES ALLOWED. 'When trimmed beef cheek meat is used in the preparation, the amount of such meat shall be limited to 25%; NO ORGAN OR TONGUE MEAT. Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat %. Manufacturers letters will NOT be accepted in lieu of labeling. Beef must have a rosy red appearance upon delivery or it will be rejected. 1 mil or thicker bags. No open bags.

Firm Fixed Price

PSC: 8905

7,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Coffee Ind Pkg. Each 1,000 Count Case

Firm Fixed Price

PSC: 8945

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular, (CID A-A-20062E, Type I, Style A, B, or C), Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

Case Size: 20 pounds per

Firm Fixed Price

PSC: 8945

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. (CID A-A-20091 D, Type II).

5 Gallon Containers. Note size of container and case size on bid.

Firm Fixed Price

PSC: 8950

25 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3.

Package size: 50 pound bag

Firm Fixed Price

PSC: 8950

120 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Beans, Pinto, Dry, Whole, U.S. Grade 1-3 Package size: 50 pound bag

Firm Fixed Price

PSC: 8950

48 BG $________ $_________________

15B11821Q00000003 Page 9 of 44

0029 Vegetable, Beets, Canned, Whole, Slices, Quarters, 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.

Firm Fixed Price

PSC: 8950

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A - C. Each Individual 9 Gram Packets. State case count on bid.

Firm Fixed Price

PSC: 8950

200,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Cereal, Assorted, Non-sweet, Ready to Eat, Bulk Package Range 30 to 40 pound Case

Firm Fixed Price

PSC: 8950

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Cereal, Assorted, Sugar Coated Flavors, Ready to Eat, Bulk Package Range 30 to 40 pound Case

Firm Fixed Price

PSC: 8950

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Dressing, Salad, Italian, Low Cal. 9 Gram Packs, CID A-A-20030A, Type IV.

Firm Fixed Price

PSC: 8950

100,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 **MAYO** Regular, Reduced Fat, Fat Free, or Light, (CID A- A-20140D, Type II, Style A, B, C, or D). Mayo shall comply with 21

CFR 169.150.

9 Gram Individual Packet. Each.

Note case count on bid.

Firm Fixed Price

PSC: 8950

80,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 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 - 50 lb sealed plastic containers, or boxes.

Note package size on bid.

Firm Fixed Price

PSC: 8950

400 LB $________ $_________________

15B11821Q00000003 Page 10 of 44

0036 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, 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.

Firm Fixed Price

PSC: 8950

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry, or Strawberry. Reduced Sugar, U.S.

Grade A or Equivalent.

(CID A-A-20078C, Kind A, B, F, M, R, S, Y, or AA, Style 1 or 2.

Finished product quality a or b. 10 Gram Individual Portion Each.

Ind. Jelly, Sugar Free, Asst.-Each- 200 Ct Case

Firm Fixed Price

PSC: 8950

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type V, Style A, B, C, or D).

Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

20 pound case

Firm Fixed Price

PSC: 8950

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B.

4/1 Gallon Plastic Containers per case.

Firm Fixed Price

PSC: 8950

12 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Salsa, Prepared, 9 gm Ind Pack.

200 Count per Case.

Firm Fixed Price

PSC: 8950

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Tomatoes, Crushed, Peeled, Tomato Soluble Solids (TSS) 12% or Greater, Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drained weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5166,

(6) #10 CANS PER CASE

Firm Fixed Price

PSC: 8950

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Pizza, Prepared, Frozen, Cheese, Thin Crust, Mozzarella Cheese (Regular, Lite or Low-moisture part skim as indicated in 21 CFR 133.144, 133.158, and 133.113), Enriched wheat or whole wheat crust, Wedge, Rectangle, Round Individual, or Round Oversized

5,600 EA $________ $_________________

15B11821Q00000003 Page 11 of 44

(specify size), Individually Quick Frozen. (CID A-A-20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a or b, Shape 1, cut b; Shape 2, cut b; Shape 3, cut d, e, or f;or Shape 4.)

Ingredients: Pizza will consist of a dough crust, tomato sauce, cheese and spices. The dough crust will contain enriched flour and yeast and/or other leavening agents. The sauce shall be prepared from peeled and cored tomatoes, tomato puree, and/or tomato paste; water; and spices, including salt; and/or other ingredients as appropriate. Product shall be manufactured not more than 180 days prior to delivery.

Bid Quote MUST indicate actual portion weight, dimensions, & case pack. 4-6 oz each

Firm Fixed Price

PSC: 8950

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.). No meat in product, fully cooked, chicken flavor.

Product to be alternative for chicken patty.

Firm Fixed Price

PSC: 8950

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Tuna, Can, Chunk, Light or White (Albacore), Packed in Water, Salt/Sodium Level Regular, No Salt Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D, Type A or B, Form 1, Color A or B, Packing Media 1, Salt/Sodium level A, B, C, or D). Sodium content will not exceed 1.5% salt.

Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21CFR123.12.

Product may contain soy and/or vegetable broth. Quote must specify size and packing of case.

6 cans per CS

Firm Fixed Price

PSC: 8905

204 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Fish, 4 oz., Alaska Pollock, Cod, or Other, Fillet Block, Single Frozen, Portion, Any Shape, Any Oven Ready Weight, Fried Fish Type, Composition (a) (Meets the requirements of U.S. Grade A Portions - 65 percent by weight of fish flesh; all other fishery product types - 60 percent b6 weight of fish flesh)), Crumb Coated Breading, Unflavored. (Cl A-A-20325, Fish Species I, II, or lll, Style A, Type 2, Oven Ready Weight (a - d), Shape (1-3), Fried Fish Type (b), Composition (a), Coating (1).

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) Food Standards and Labeling Policy.

Manufacturer letters will NOT be accepted in lieu of labeling.

BY THE LB. (4 OZ. PATTIES)

Firm Fixed Price

PSC: 8905

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Meat, Chicken, Filet, Whole Muscle, No mechanically separated chicken (comminuted), previously cooked chicken meat or MSG may be used in product, 100% white meat, breaded, CID AA-202761, Type VI, Style A, Meat Type (b), Form 1, Shape (b).

IQF. Vegetable oil shall be used as the frying medium. Combined batter and breading will not exceed 30% by weight and will be evenly coated.

Finished meat product will not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients will be listed in the ingredients statement in order of predominance, from highest to lowest

7,500 LB $________ $_________________

15B11821Q00000003 Page 12 of 44 amounts in accordance with the USDA FSIS Food Standards and Labeling Policy. Manufacturer's letters will NOT be accepted in lieu of labeling.

Size of patty will be determined locally and size noted on bid.

Firm Fixed Price

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Frankfurters (Hot Dogs), Fully Cooked, Frozen, Beef, 6 inch, 10:1Ratio, 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 Section 167;

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) Standards and Labeling Policy.

Manufacturer letters will NOT be accepted In lieu of labeling.

BID BY THE LB.

Firm Fixed Price

PSC: 8905

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Italian Sausage, Pork, Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links.

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 5 to 6 inches in length. Links shall be moderately uniform in length and diameter. IMPS818, Italian Sausage, Formula D, P2 or P3, Flavoring B, Type E.

Product will be delivered frozen. Product will NOT contain SOY.

Firm Fixed Price

PSC: 8905

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Turkey, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, netted or in a roasting pack. Breast meat or breast/thigh meat (8-12 lb each) or whole muscle thigh meat (4-5 lb each). Skin (Maximum) 12.5%. Products produced or labeled with any phrase related to "under religious exemption" will be refused.

Turkey Roast Raw, by the pound

Firm Fixed Price

PSC: 8905

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1-3

Package size: 50 pound bag

Firm Fixed Price

PSC: 8950

5 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Gravy Mix, Dry, Pounds 50 Pound Bag

500 LB $________ $_________________

15B11821Q00000003 Page 13 of 44

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Spice, Chili Powder, Ground, Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients.

1/2 oz to 50 lb sealed containers.

Firm Fixed Price

PSC: 8950

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Spice, Pepper, Black Ground. (CID A-A20001B, Type 1, Class X, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, forging matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note package size on bid.

Firm Fixed Price

PSC: 8950

400 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 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 packaged in the United States or Canada.

6/#10 cans per case

Firm Fixed Price

PSC: 8915

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 Tomato, Paste, as defined in the standards of identity for tomato paste (21 CFR 155.191). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%) U.S.

Grade A, U.S. Fancy, U.S. Grade C, or U.S.

Standard.

6/#10 cans per case

Firm Fixed Price

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 Burritos, Prepared, Frozen, Lunch/Dinner, Beef and Bean with Red or Green Chilies, Non-Fried Oven Ready, 4 oz, Any Fat Range, (CID A-AA20292, Type II, Flavor B & E, Size 9, Any Fat Range).

The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends. Size of burrito to be local specification and size noted on bid.

Firm Fixed Price

PSC: 8905

3,600 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 Cheese, Parmesan or Parmesan and Romano Mixed, Grated, Italian Style, 12 - 1 lb Containers per case

Firm Fixed Price

PSC: 8945

3 CS $________ $_________________

15B11821Q00000003 Page 14 of 44

0058 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

Firm Fixed Price

PSC: 8950

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 Vegetable, Spinach, Cut leaf or 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 in the United States or Canada, 6/#10 cans per case

Firm Fixed Price

PSC: 8915

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036C, Type I).

4/1 Gallon Plastic Containers per case

Firm Fixed Price

PSC: 8950

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036C, Type

I). EACH

4.5 Gram Individual Packets. Specify case count on bid.

Firm Fixed Price

PSC: 8950

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0062 Peanut Butter, Regular or Reduced Fat, Smooth, Stabilized, Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1, Type a, Fortification 1, Seasoning (a) or (b).

2 oz Individual Packets. Specify total count per case on bid.

Firm Fixed Price

PSC: 8950

100,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

Individual.

Product will not contain any animal by products or ingredients.

Individual 4 oz. Each -1

Firm Fixed Price

PSC: 8950

1,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Kosher Cereal, Any Type, Any Style, and any grain composition.

(CID A-A-20000D, Any Type, Any Class, Any Grain Composition).

1 oz individual package. EACH. Total amount may be adjusted to the next highest case count.

*Each individual package must be marked with the kosher certification hechsher.

20,000 EA $________ $_________________

15B11821Q00000003 Page 15 of 44

PSC: 8920

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0065 Bouillon, (Soup Base), Chicken Flavor, Low or Reduced Sodium.

Powdered, No added monosodium glutamate. (CID A·A-20202B, Type II, Class 2 or 3, Style A. Flavor Enhancer A}. Maximum moisture percent by weight ls 3.5.

Maximum total fat percent by weight Is 15%. Maximum of 140 mg of sodium per 8 oz, of finished product, Finished product must be completely soluble In boiling water when prepared according to the label Instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five

(5) gallons (5.67; grams makes an 8 oz. cup serving size) (Double yield -1 lb= 10> gal (triple yield-1 lb= 15> gallon), Yield must be marked on container, All delivered product must be labeled with Ingredients. Quote must Include cost for finished 10 gallons of broth. Specify case weight on bid.

Firm Fixed Price

PSC: 8945

5 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0066 Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, on. carbohydrates) In a manner to achieve a protein content of:

- In the case of soy protein flour (##PF) 50% or more and less than 65%;

-In the case of soy protein concentrate (SPC) 65% or more and less than 90%;

- In the case of soy protein Isolate (SPI) 90% or more.

The protein content Is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, In bulk packaging. Product will not contain any animal by products or Ingredients.

Firm Fixed Price

PSC: 8945

12 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0067 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Super sweet, 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 PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS

Firm Fixed Price

PSC: 8915

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0068 Disp. Food Tray 3 Comp. Each Disposable Food TrayW/Lids, 3 compartment 9 3/8 x 9 x 3 (DART BRAND) 623cs delivered Every 4 Weeks

Firm Fixed Price

PSC: 8970

1,869 EA $________ $_________________

THIS PRICE IS DEEMED FAIR, REASONABLE, AND ADVANTAGEOUS TO THE GOVERNMENT.

15B11821Q00000003 Page 16 of 44

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(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, 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;

15B11821Q00000003 Page 17 of 44

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

15B11821Q00000003 Page 18 of 44

(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.

15B11821Q00000003 Page 19 of 44

(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)…