15B11924Q00000004.pdf

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FCI Gilmer 2nd Qtr FY24 Kosher Federal contract opportunity
Solicitation number
15B11924Q00000004
Issued by
Department of Justice Bureau of Prisons Federal Correctional Institution Gilmer

About this file

This solicitation requests proposals for the delivery of kosher and halal food products to the Federal Correctional Institution in Gilmer, West Virginia for the second quarter of fiscal year 2024. The Bureau of Prisons seeks to make multiple fixed price awards for a range of pre-packaged kosher and halal entrees, side dishes, snacks and condiments to be delivered between January and March 2024. Offerors must submit pricing by December 15, 2023 and the solicitation is set aside entirely for small businesses. Past performance will be evaluated and considered approximately equal to price in the agency's best value determination.

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15B11924Q00000004 Page 1 of 54

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B11924PR000049

PAGE 1 OF

5. SOLICITATION NUMBER

15B11924Q00000004

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/01/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Melissa Johnston mxfrye@bop.gov

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

TIME

12/15/2023 16:00 ET

CODE 15B119

Federal Bureau of Prisons

FCI Gilmer

201 FCI LANE

Glenville, WV 26351

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:

10000000

10. THE ACQUISITION IS

SEE SCHEDULEX

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

CODE15. DELIVER TO

SEE SCHEDULE

CODE 15B11916. ADMINISTERED BY

Federal Bureau of Prisons FCI Gilmer

201 FCI LANE

Glenville, WV 26351

Melissa Johnston mxfrye@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

Delivery Date: 01/31/2024

FCI Gilmer intends to make multiple awards for delivery of Kosher products for the period of JANUARY-MARCH (FY24) as outlined on the attached document.

Past Performance evaluated and considered approx. equal to price in value.

UEI#/EMAIL:

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)

Melissa A Frye

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

15B11924Q00000004 Page 2 of 54

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

15B11924Q00000004 Page 3 of 54

Table of Contents

Section Description Page Number

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

DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Nov 2023)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023)

15B11924Q00000004 Page 4 of 54

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Kosher Margarine, each

Kosher Margarine, ½ Ounce Sealed Individual Package. EACH, Refrigerated or Shelf Stable, Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8940

14,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Kosher Dressing, Assorted, Ind.

Kosher Dressing, Fat Free, Individual Packet. EACH. 9 Gram -

28.35 Gram Packet, Certified Kosher

Parve, CID A-A-20162B. *Each individual package must be marked with the kosher certification hechsher. Specify Type, Class, Style, and size on bid. Total amount may be adjusted to the next highest case count

PSC: 8940

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Kosher Beverage Ind. each

Kosher Fruit Flavored Drink Powder, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH.Total amount may be adjusted to the next highest case count.

Certified Kosher Parve

PSC: 8940

200,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Kosher Coffee, Instant, Ind.

Kosher Coffee, Instant, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH. Total amount may be adjusted to the next highest case count. Certified Kosher.

PSC: 8940

100,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Kosher Dry Cereal, Asst, Ind.

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

(CID A-A-20000E, Any Type, Any Class, Any Grain Composition). .81 oz to 2 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. Specify pack size on bid.

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Kosher Farina, Ind. each

Kosher Farina, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count.

PSC: 8940

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B11924Q00000004 Page 5 of 54

0007 Kosher Mustard, Ind. Pks, each

Kosher Mustard, Prepared, Yellow (Salad Style), Individual Packet.

EACH. 4.5 Gram - 9 Gram Packet, Certified Kosher Parve, CID A-A20036C, Type I. *Each individual package must be marked with the kosher certification hechsher. Specify packet size on bid. Total amount may be adjusted to the next highest case count.

PSC: 8940

100,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Kosher Oatmeal, Ind. each

Kosher Oatmeal, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count

PSC: 8940

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Kosher Sardines

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

(CID A-A-20000E, Any Type, Any Class, Any Grain Composition). .81 oz to 2 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. Specify pack size on bid.

PSC: 8940

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Kosher Vegetable Juice, each

Kosher Vegetable Juice, 5 to 7 ounce Sealed Pouch or Can.

EACH. Certified Kosher Parve. Can must have easy open top. Juice must be tomato based with at least five additional vegetable products in the juice. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8940

4,416 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Halal Beans & Franks Meal, each

Certified Halal Meat - 18 Ounce Beans and Franks Meal consisting of:

- 4 ounce Beef Franks or Cocktail Franks no artificial colors,

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

- 6 ounce-weight Diced Potatoes

- finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Halal Bologna Individual Package, Each

Certified Halal Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the halal certification symbol.

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Halal Cheese Omelet Meal, each

Certified Halal - 7 Ounce Cheese Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

- 3 ounce Potatoes

120 EA $________ $_________________

15B11924Q00000004 Page 6 of 54

PSC: 8940

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Halal Chicken Cacciatore Meal, Each

Certified Halal Meat - 20 Ounce Chicken Cacciatore Meal consisting of:

Chicken Cacciatore made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 4 ounce-weight Tomato Sauce

- 4 ounce-weight Diced Tomatoes

- 1/2 ounce-weight Mushrooms

- 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil

- 3 ounce-weight Pasta Macaroni

- 4 ounce-weight Sliced or Diced Carrots

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Halal Chicken Chow Mein Meal, each

Certified Halal Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Halal Chicken Wing Meal, Each

Certified Halal Meat - 16 ounce Chicken Wing Meal consisting of:

- 5 ounce-weight Bone-in Chicken Wings

- 2 ounce-weight BBQ Sauce

- 5 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Halal Fish Fillet Meal, each

Certified Halal - 14 ounce Fish Fillet Meal consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle fillet block pollock, whiting, flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)

- 2 ounce-weight Tomato Sauce

- 4 ounce-weight White Rice

- 4 ounce-weight Mature Lima Beans

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Halal Meatballs Meal, Each

Certified Halal Meat - 15 Ounce Hawaiian Meatballs Meal consisting of:

- 4 ounce-weight Cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce-weight Sweet Hawaiian Sauce

- 5 ounce-weight Cooked White Rice

- 4 ounce-weight Green Beans

PSC: 8940

120 EA $________ $_________________

0019 Halal Meatloaf Meal, each 120 EA $________ $_________________

15B11924Q00000004 Page 7 of 54

Certified Halal Meat - 16 Ounce Meatloaf Meal consisting of:

- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

PSC: 8940

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Halal Spaghetti & Meatballs Meal, Each

Certified Halal Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients ;)

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas

- finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Halal Spanish Omelet Meal, Each

Certified Halal - 7 Ounce Spanish Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce Spanish Sauce

- 3 ounce Potatoes

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Halal Turkey Cutlet Meal, each

Certified Halal Meat - 16 Ounce Turkey Cutlet Meal consisting of:

- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

PSC: 8940

120 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Halal Beans & Franks Meal, Each

Certified Halal Meat - 18 Ounce Beans and Franks Meal consisting of:

- 4 ounce Beef Franks or Cocktail Franks no artificial colors,

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

- 6 ounce-weight Diced Potatoes

- finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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

PSC: 8940

1,152 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Kosher Bologna Ind. each

Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.

PSC: 8940

2,500 EA $________ $_________________

15B11924Q00000004 Page 8 of 54

0025 Kosher Cheese Omelet Meal, Each

Kosher Dairy - 7 Ounce Cheese Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

- 3 ounce Potatoes

PSC: 8940

720 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Kosher Chicken Cacciatore Meal, each

Kosher Meat - 20 Ounce Chicken Cacciatore Meal consisting of:

Chicken Cacciatore made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 4 ounce-weight Tomato Sauce

- 4 ounce-weight Diced Tomatoes

- 1/2 ounce-weight Mushrooms

- 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil

- 3 ounce-weight Pasta Macaroni

- 4 ounce-weight Sliced or Diced Carrots

PSC: 8940

720 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Kosher Chicken Chow Mein Meal, each

Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

PSC: 8940

720 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Kosher Chicken Wing Meal, each

Kosher Meat - 16 ounce Chicken Wing Meal consisting of:

-5 ounce weight – Bone-in Chicken Wings

- 2 ounce weight – BBQ Sauce

- 5 ounce weight – Mashed Potato

- 4 ounce weight – Mixed Vegetables

PSC: 8940

1,152 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Kosher Dessert, Individual Pks, Each

Certified Kosher Parve - Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Cookies, Cakes, Pies, etc.).

EACH. *Each individual package must be marked with the kosher certification hechsher. Specify Item and size on bid. Total amount may be adjusted to the next highest case count.

PSC: 8940

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Kosher Fish Fillet Meal, each

Kosher Parve - 14 ounce Fish Fillet Meal consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle fillet block flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)

- 2 ounce-weight Tomato Sauce

- 4 ounce-weight White Rice

- 4 ounce-weight Mature Lima Beans

PSC: 8940

1,152 EA $________ $_________________

15B11924Q00000004 Page 9 of 54

0031 Kosher Meatballs Meal, each

Kosher Meat - 15 Ounce Hawaiian Meatballs with Rice Meal consisting of:

- 4 ounce weight – Cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce weight – Sweet Hawaiian Sauce

- 5 ounce weight – Cooked White Rice

- 4 ounce weight – Green Beans

PSC: 8940

600 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Kosher Meatloaf Meal, each

Kosher Meat - 16 Ounce Meatloaf Meal consisting of:

- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- The finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

PSC: 8940

1,152 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Kosher Pasta Meal, each

Kosher Parve - 16 Ounce Pasta with Vegetable Protein Meat Sauce Meal consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight – Mushrooms,

- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.

- 5 ounce-weight Cooked Elbow Pasta

- 4 ounce-weight Green Beans

PSC: 8940

600 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Kosher Soy Vegetarian Lasagna Meal, each

Kosher Dairy - 16 Ounce Vegetable Protein Lasagna Meal consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight – Mushrooms,

- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.

- 5 ounce-weight Cooked Ricotta Cheese Roll-up

- 4 ounce-weight Green Beans

PSC: 8940

600 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Kosher Spaghetti/Meatball Meal, Each

Kosher Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas

- The finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

PSC: 8940

1,152 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Kosher Spanish Omelet Meal, each

Kosher Dairy - 7 Ounce Spanish Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce Spanish Sauce

- 3 ounce Potatoes

720 EA $________ $_________________

15B11924Q00000004 Page 10 of 54

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Kosher Turkey Cutlet Meal, each

Kosher Meat - 16 Ounce Turkey Cutlet Meal consisting of:

- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables.

PSC: 8940

720 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Kosher Catsup, 7 gram

Kosher Tomato Catsup, Individual Packet. EACH. 7 Gram - 9 Gram, Certified Kosher Parve, U.S. Grade A, U.S. Standards for Grades. *Each individual package must be marked with the kosher certification hechsher. Specify packet size on bid. Total amount may be adjusted to the next highest case count.

PSC: 8940

150,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Kosher Jelly Assorted, Each

Kosher Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry or Strawberry. Regular or reduced sugar, U.S. Grade A or equivalent. (CID A-A-20078D), Type II, 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. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.

PSC: 8940

32,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Kosher Mayonnaise, Ind. Each

Kosher Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light. EACH. 9 Gram Packet, Certified Kosher Parve. (CID A- A-20140D, Type I, Style A, B, C, or D). *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8940

50,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Kosher Peanut Butter, Ind. each

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.

PSC: 8940

5,700 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 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: 8940

4,800 EA $________ $_________________

15B11924Q00000004 Page 11 of 54

0043 Kosher Tartar Sauce, Ind. Each

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: 8940

100,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Kosher Tuna Fish, 4-6oz pk, each

Kosher Tuna, Chunk Light in Water, Individual. 4 - 6 ounce each package. EACH. 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. *Each individual package must be marked with the kosher certification hechsher.

Total amount may be adjusted to the next highest case count.

Specify pack size on bid.

2,016 EA $________ $_________________

15B11924Q00000004 Page 12 of 54

Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

15B11924Q00000004 Page 13 of 54

(vii) Name and address of official to whom payment is to be sent;

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of

15B11924Q00000004 Page 14 of 54 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

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

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

15B11924Q00000004 Page 15 of 54

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

15B11924Q00000004 Page 16 of 54

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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 Full Text

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer

15B11924Q00000004 Page 17 of 54 systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-

CS-0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing;

and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

15B11924Q00000004 Page 18 of 54

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor…

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