2nd Qtr Bulk BPQ.pdf

PDF 505 KB Posted

Attached to
FCI RAY BROOK FY27 2ND QTR SUBSISTENCE
Solicitation number
15B21227Q00000002
Issued by

About this file

This is a Request for Quote (RFQ) issued by the Federal Bureau of Prisons for FCI Ray Brook's Second Quarter Fiscal Year 2027 subsistence supplies.

The solicitation seeks frozen, kosher, meat, and dry food items for delivery between January 4, 2027, and January 29, 2027, with a firm fixed price structure. Thirty-nine line items are specified, including beef patties (2,500 lbs), chicken leg quarters (13,000 lbs), fish fillets (5,000 lbs), various cheeses, canned vegetables, pasta, rice, dressings, and other subsistence items in specific quantities. All deliveries must be palletized and meet strict temperature requirements: non-frozen perishables at 36–41°F, canned goods above 36°F, and frozen foods at 0°F or below. All certified kosher items must display kosher certification symbols on individual packages. The contract is a 100% small business set-aside under NAICS code 311999, with a size standard of 750 employees. Evaluation will be based on price and past performance; vendors with poor delivery history, quality issues, or previous cancellation requests may receive poor performance ratings and be excluded from award. Items will be awarded individually, with multiple items potentially going to one contractor. Quotes are due by November 30, 2026, at 9:00 AM EST to Jared Beers at jbeers@bop.gov, with an expected award date on or before December 10, 2026. Purchases over $15,000.01 will be made via purchase orders with electronic funds transfer; those at or below $15,000 will use a Government purchase card. All pages of the solicitation, including amendments and SF 1449 form submissions, must be returned signed by the offeror.

View the file

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

FCI Ray Brook, 2nd Qtr Subsistence FY 2027

1 | P a g e

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulations (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 15B21227Q00000002 and this solicitation is issued as a Request For Quote (RFQ).

Solicitation is for Second Quarter Subsistence, FY 2027 (Kosher, Meat, Frozen, and Dry). For a list, description and total quantities of all items refer to attached Standard Form 1449, Section 2.

Solicitation is a 100% small business set aside. Any quotes from large businesses will not be considered. The NAICS for this requirement is 311999.

Terms of delivery are F.O.B. destination to: FCI Ray Brook, 128 Ray Brook Road, Ray Brook, New York, 12977.

Items will be awarded individually. More than one item may be awarded to one contractor.

Evaluation Factors are price and past performance. Venders who submit a quote concurs that delivery dates will be met, unless otherwise noted. Vendors should not quote on items which cannot be delivered for any reason. The Government reserves the right upon award to make a formal single award or multiple awards based on best value. The Government will award to the responsible offeror(s) whose offer, conforming to the solicitation, is considered to be the most advantageous to the Government.

Past performance: A record of poor performance due to failure to deliver items within the expected delivery time period, requests to remove an item from a signed purchase order on previous awards, requests to disregard or cancel a signed purchase order, or poor quality may result in a poor performance rating. FCI Ray Brook will award quoted items to vendors that have a high past performance record IAW FAR 13.106-2(4) (ii) regardless of the quotes with the lowest price. Quotes from vendors without poor past performance represent the best value when compared to any lower priced quote(s).

DELIVERY REQUIREMENTS:

• All deliveries must be palletized unless prior arrangements were agreed to by FCI Ray Brook warehouse staff and/or material handlers (no side-loaded pallets).

• All non-frozen, perishable foods must be delivered between 36 degrees F and 41 degrees F.

• All canned goods must be delivered above 36 degrees F and not frozen.

• All frozen foods must be delivered at 0 degrees F or below. “Frozen product after being received is subject to further inspection upon thawing to verify sizes/weights are within the Purchase Order and/or BOP National Specifications.”

• Some items may require thawing and cooking to determine specification compliance and product wholesomeness.

• Any product that indicates prior thawing will be refused.

• All certified religious diet items must be marked with Kosher Symbol on individual packages or the item will be refused.

• Items which are conditionally received and found noncompliant, must be picked up at the vendors’ expense within (2) weeks of noncompliance notification.

• Items that fail to meet specifications will be refused. All items must be dated.

2 | P a g e

• Hours for delivery are 6:30 AM – 1:00PM, Mon-Fri, first come first serve. No deliveries on weekends or federal holidays.

• Unless otherwise stated within the specification of an item description in Section 2 of SF Form 1449, all dates for frozen food items must be delivered frozen and delivered before the best buy date, sell by date, use by date, best if used by date, or freeze by date on the label.

Substitutions to specifications in line items are prohibited (ex., case counts). Changes to specifications will not be evaluated and therefore, will not be considered for award. The government reserves the right upon inspection to reject items if they are damaged or not to the specifications listed in the solicitation. Do not change the case counts or the quote of the item will not be considered.

The date and time for receipt of offers is November 30, 2026 at 9:00 AM EST. Quote must indicate Solicitation No. 15B21227Q00000002 specified for receipt of quote, name, address and telephone number of quote, technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Quote must include acknowledgment of amendments, if any.

Expected award date is on or before December 10, 2026. A Notice of Award will be created and posted on sam.gov. Purchases in the amount of $15,000.01 and above will be made via purchase orders with payment by electronic funds transfer. Purchases in the amount of $15,000.00 and below will be made via a Government purchase card.

Quotes will be FOB DESTINATION with expected delivery from January 4, 2027 thru January 29, 2027. Any items shipped before or after the expected delivery dates will be returned at vendor’s expense.

Vendors shall submit signed and dated quotes to Jared Beers by email at jbeers@bop.gov. Due to security considerations, do not send offers via U.S. mail. All offers shall be submitted on the SF1449.

DETAIL ABOUT PRODUCTS UNDER SF1449. OMB Clearance 1103-0018. All pages of the solicitation, including the header page, all attachments and amendments (if any), must be submitted with your quote. Please check line 28, sign 30a and print 30b on the 1449.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE VENDOR:

VENDOR’S UEI NUMBER

VENDOR’S POINT OF CONTACT:

VENDOR’S TELEPHONE & FAX NUMBER:

VENDOR’S EMAIL ADDRESS:

VENDOR’S BUSINESS SIZE (i.e. SMALL, LARGE, ETC):

By submission of a quote, the vendor acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) at www.sam.gov prior to award, during performance and through final payment of any contract resulting from this solicitation.

mailto:jbeers@bop.gov http://www.sam.gov/

3 | P a g e

Vendor’s Signature.

The Administrative Contracting officer is Jared Beers, Contracting Officer, telephone 856-453-4023, email: jbeers@BOP.GOV .

mailto:jbeers@BOP.GOV

15B21227Q00000002 Page 1 of 38

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B21227PR000023

PAGE 1 OF

5. SOLICITATION NUMBER

15B21227Q00000002

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/13/2026

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

11/30/2026 09:00 ET

CODE 15B212

Federal Bureau of Prisons

FCI Ray Brook

128 Ray Brook Road

Raybrook, NY 12977-0300

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % 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):

311991

SIZE STANDARD:

750 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15B21216. ADMINISTERED BY

Federal Bureau of Prisons FCI Ray Brook

PO BOX 300

Raybrook, NY 12977-0300

Jared Beers jbeers@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B212CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road Raybrook, NY 12977-0300

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

FCI Ray Brook 2nd Quarter FY27 Subsistence.

Subsistence/ Frozen/Kosher/Meat. Deliveries must be made between 01/04/2027 and 01/29/2027. Small Business Firm Fixed Price 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)

Jared Beers

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

Federal Bureau of Prisons FCI Ray Brook

PO BOX 300

Raybrook, NY 12977-0300

15B21227Q00000002 Page 2 of 38

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

15B21227Q00000002 Page 3 of 38

Table of Contents

Section Description Page Number

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

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.212-4 (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov

2023) (DEVIATION NOV 2025)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008) 52.232-18 Availability of Funds (Apr 1984) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Mar 2026)

3 List of Attachments 4 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Oct 2025) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Oct 2025)

15B21227Q00000002 Page 4 of 38

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Kosher Veg Juice

PSC: 8945

1,920 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beef Patty 4oz

PSC: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Roast Beef Raw

PSC: 8945

4,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Chicken Leg Qtrs

PSC: 8945

13,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Breaded Chicken Patty

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Boneless Skinless Chicken

PSC: 8945

7,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Chicken Breast Boneless 5-7oz

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Fish Fillet Raw 4-7oz

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Pork Italian Sausage

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Turkey Roast Raw

PSC: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Cheddar Cheese

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Mozzarella 2,000 LB $________ $_________________

15B21227Q00000002 Page 5 of 38

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Parmesan Cheese 12/1lb

PSC: 8945

144 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Tofu

PSC: 8945

600 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Kidney Beans 6/#10 cs

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Carrots 6/#10cs

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Catsup 6/#10cs

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Bran Flakes

PSC: 8945

150 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Corn 6/#10cs

PSC: 8945

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Dressings, Assorted Gallons

PSC: 8945

400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Caesar Dressing, Gallons

PSC: 8945

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Creamy Italian Dressing, 4/1Gallon

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 All Purpose Flour 50#

PSC: 8945

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Green Beans 6/#10cs

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Jalapenos 6/#10cs

56 CS $________ $_________________

15B21227Q00000002 Page 6 of 38

0026 Reduced Sugar Jelly, Assorted, 10gm each

PSC: 8945

284,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Lemon Juice, Quarts

PSC: 8945

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Mixed Vegetables 6/#10cs

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Mushrooms 6/#10cs

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Macaroni Elbows

PSC: 8945

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Spaghetti

PSC: 8945

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Green Peas 6/#10cs

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Potato Chips 1oz 60 count cs

PSC: 8945

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Rice 50# bag

PSC: 8945

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Salt

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Chicken Soup Base 25#

PSC: 8945

40 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Spinach 6/#10cs

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Taco shell

PSC: 8945

20,000 EA $________ $_________________

15B21227Q00000002 Page 7 of 38

0039 Flour Tortilla, 10"

18,000 EA $________ $_________________

RAY BROOK FCI Federal Bureau of Prisons

Item Name Units to OrderUnit Type RequestedUFMS # Item Price Total Price

Bid Group - Certified Foods

Storage Area - Dry

Kosher Vegetable Juice Ind. 1920Kosher Vegetable Juice, Ind. 48 Count Case

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. Specify size of pouch or can and case count on bid.

Bid Group - Meats

Storage Area - Frozen

Beef Patty, 4 oz., pounds 2500Beef Patty, 4 oz, by the pound________ _______________ _______________

Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen.

Ground Beef Patties shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE DATE CLEARLY ON THE LABEL, (NO STAMPED OR WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled Beef, All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling.

Upon delivery, product must have a rosy red appearance. Product that is grey, brown or tan in color will be rejected. Product to be packed in 10 to 60 lb cases. 1 mil or thicker bags. Patties will be packed in boxes completely lined with plastic bags. The open end of the bag will overlap at the top to completely cover the product. 4 ounce

Beef, Roast Beef, Raw, pound 4500Beef, Roast Beef, Raw, pound________ _______________ _______________

Meats, Beef Roast, Raw, Beef Top or Bottom Round (Gooseneck), or Strip Loin, Boneless. IMPS 168 -Round, Top (Inside), Untrimmed, 169 - Round, Tip (Inside), 169A - Round, Tip (Inside), Cap Off, 170 - Round, Bottom (Gooseneck), 170A - Round, Bottom (Gooseneck), Heel Out, 171B - Round, Outside Round (Flat), 180 - Loin, Strip Loin, Boneless. Frozen, weight range approximately 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

Chicken Leg Quarters, pounds 13000Chicken Leg Quarters, by the pound________ _______________ _______________

Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, Unbreaded. "Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached. Delivered amounts of Leg Quarter portions can be random sizing, with the portion size not to be smaller than 12 ounces and not to exceed 16 ounces. Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

Chicken Patty, pounds 3000Chicken Patty, by the pound________ _______________ _______________

Meats, Chicken, Filet, 4-5 oz, Whole Muscle or Chunked and formed, 1/2 inch cube or greater (9 CFR § 381.171(f)), No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product, 100% white meat, Breaded. (CID A-A-20276A, Type VI, Style A or B, Meat Type (b), Form 1, Shape (b). Individually Quick Frozen. Vegetable oil shall be used as the frying medium. Combined batter and breading shall not exceed 30% by weight and will be evenly coated. All ingredients in the product must be listed in the ingredients statement 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’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

Bid Group: Any

11/10/2026 07:48 AM Page 1 of 6

Chicken, Boneless/Skinless, pound

7000Chicken Boneless/Skinless, by the pound

Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Boneless, skinless breasts must be free of cartilage and fat. Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted. Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process. Unbreaded. Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

Chicken, Breast Boneless, pound (5-7 oz)

3000Chicken, Breast Boneless, pound (5-7 oz)

Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and 70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality. All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection. The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order. Frozen commodity when specified in the Solicitation, shall be processed, packaged and packed, and placed in a freezer within 7 calendar days after the date of harvest. Product must be produced under FSIS pathogen reduction standards, as specified in 9 CFR § 381. Boneless, skinless breasts must be free of cartilage, fat, holes, tendons, bone pieces, blood clots, bruises, cuts, tears, and muscle mutilations. Slight discolorations is permitted, provided it does not detract from the appearance of the product. Unbreaded. – All packaging materials shall comply with FSIS regulations (9 CFR § 381.144 Packaging Materials). All packaging and packing materials must be clean and in new condition, shall not impart objectionable odors or flavors to the commodity, shall be safe for use in contact with food products (cannot adulterate product or be injurious to health). Packed in poly bag boxes.

Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS. Products produced or labeled with any phrase “under religious exemption” will be refused. No Sodium added. Size of chicken breast, 5 -7 ounce. Note size on the bid.

Fish, Fillet, Raw, 4-7 oz, pounds 5000Fish, Fillet, Raw, 4-7 oz________ _______________ _______________

Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, or Flounder. (Grade Standards are separate for Cod, Flounder, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing. 100% net weight, No water or glaze weight added. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 4 to 7 oz

Italian Sausage, Pork 1000Italian Sausage, Pork, by the pound________ _______________ _______________

Meats, Italian Sausage, Pork , Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links, 3.8 - 5 ounce range. Italian sausage is a fresh, uncooked, linked product. The meat components must 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 use of artificial colors in the manufacture of any sausage item is not permitted. The use of ingredients, method of addition, and product labeling shall comply with the Food Safety and Inspection Service’s (FSIS) Regulations and Policies. The purchaser maintains the right to verify the amounts of added ingredients using approved testing methods. Fat content shall be declared on the product label along with a nutrition facts panel in accordance with FSIS regulations. Links must be moderately uniform in length and diameter. Packaging: layers one link deep will be separated with waxed paper or sheets of plastic material used for this purpose. IMPS 818, Italian Sausage, Formula D, P2, or P3, Flavoring C – Sweet (Contains increased amounts of sugar or sweetener), Type E - Linked, Casing Option B - Hog, Linked (Natural) or D - Collagen Casings (Edible). Product will be delivered frozen. Product will not contain SOY. Specify portion size on bid.

Turkey Roast Raw, by the pound 2500Turkey Roast Raw, by the pound________ _______________ _______________

Meats,Turkey, Boneless, Roast, Raw, Natural, All-Natural, Boned, Rolled and Tied, netted, roasting pack or other appropriate packaging.

U.S. Grade A., United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Breast meat or breast/thigh meat (8-12 lb each) or whole muscle thigh meat (6 lb each). Skin (Maximum) 12.5%. Packaging shall be neat and attractive. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

11/10/2026 07:48 AM Page 2 of 6

Bid Group - Subsistence

Storage Area - Cold

Cheddar Cheese 2000Cheddar Cheese, Pounds________ _______________ _______________

Cheese, Cheddar, U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113), Style D - Shredded, frozen (5 lb) box, K - Other (Shredded, frozen, 10 lb to 40 lb) box, Shred size 1, 2, or 3, Agricultural practice (a) - Conventional. “Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 133.113). Manufacturer’s letters will NOT be accepted in lieu of labeling. Packaging: 5 lb to 40 lb sealed Bags or containers.

Mozzarella Cheese, Pounds 2000Mozzarella Cheese, 40 Pound Case________ _______________ _______________

Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella. (CID-A-A-20248C) The mozzarella cheese must conform to the following list. Type I, II, III, or IV. Style J - Other (Shredded, individually quick frozen (IQF) - (5 lb to 40 lb) box). Shred size 1,2, or 3. Agricultural practice a. Milk fat range between 30.0 to 45.0 to 60.0 % on a dry basis depending on type. Moisture content range between 45.0 to 60.0 % depending on type. All ingredients must be declared by their common or usual name in descending order of predominance by weight. Manufacturer’s letters will NOT be accepted in lieu of labeling. Type and Style to be determined locally and size noted on bid. Packaging of Primary Container: 5 lb to 40 lb sealed Bags or containers.

Parmesan Cheese, Pounds 144Parmesan Cheese, 12- 1 Pound Ct per Case

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

Tofu, Firm, Pounds 600Tofu, Firm, Pounds________ _______________ _______________

Non-silken Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride. Note package size on bid. Product will not contain any animal by product or ingredients.

Storage Area - Dry

Beans, Kidney, 6-#10 Case 56Beans, Kidney, 6-#10 Cans per Case________ _______________ _______________

Beans, Kidney, Dark Red, Canned, In Brine, Meatless, Light or Dark Red. (CID A-A-20134D, Type I, Class D, Style 1), Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

Carrots, 6-#10 Cans 112Carrots, 6-#10 Cans________ _______________ _______________

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

Catsup, Case, 6-#10 cans 56Catsup, Case, 6-#10 cans________ _______________ _______________

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans or Pouches per case. State can or pouch on bid.

Cereal: Bran Flakes 3000Bran Flakes, 20 Pound Case________ _______________ _______________

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A-A- 20000E, Type I, Class 5, Grain Composition a or b, Fiber 2), Sodium (a), Packaging type (vii), Agricultural practice (aa)). Bulk package range 12 to 40 lb case. Specify case weight on bid.

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

11/10/2026 07:48 AM Page 3 of 6

Corn, 6-#10 Cans 168Corn, 6-#10 Cans________ _______________ _______________

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.130. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case or 6/75 oz vac-pack cans per case. State type of can or pouch on bid.

Dressing, Assorted, Gallon 400Dressing, Assorted-Gallons-4/1 Gallon Case

Dressing, Salad, Pourable, Regular, Lite or Light, Reduced Fat, or Fat Free, Any Flavor, Any Style. (CID A-A-20162B, Type I, II, III, or IV, Any Class, Any Style). 4/1 Gallon plastic containers per case. Note Type, Class, and Style on bid if not specified.

Dressing, Caesar, Gallon 60Dressing, Caesar, Gallon________ _______________ _______________

Dressing, Salad, Pourable, Caesar (CID A-A-20162B, Type I, II, III, or IV, Class J, Style 1 or 2). 1 Gallon or 4/1 Gallon plastic containers per case. Note Type and Style on bid if not specified.

Dressing, Creamy Italian, Gallons 24Dressing, Creamy Ital, Gallons, 4-1 Gal per Case

Dressing, Salad, Pourable, Creamy Italian, Regular, Lite or Light, Reduced Fat, or Fat Free (CID A-A-20162B, Type I, II, III, or IV, Class C, Style 2). 1 Gallon or 4/1 Gallon plastic containers per case. Note Type on bid if not specified.

Flour, All Purpose 2500Flour, All Purpose, 50 Pound Bag________ _______________ _______________

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

Green Bean, 6-#10 Cans 112Green Bean, 6-#10 Cans________ _______________ _______________

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

State can or pouch on bid.

Jalapenos, 6-10# Cans 56Jalapenos, 6-10# Cans________ _______________ _______________

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

Jelly, Reduced Sugar, Asstd., 10 Gram, Each

284000Jelly, Reduced Sugar, Asstd., 10 Gram, Each

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. Specify case count and kind on bid.

Lemon Juice, Quarts 24Lemon Juice, Quarts-1________ _______________ _______________

Juice, Lemon, Reconstituted, must comply with 21 Code of Federal Regulations (CFR) § 146.114. (CID A-A-20144C, Type I, Style A, Package type 1 - Plastic bottle, Agricultural practice a - Conventional). Note package size on bid.

Mixed Vegetable, 6#10 Cans 56Mixed Vegetable, 6#10 Cans________ _______________ _______________

Vegetable, Mixed (5-7 way blend mix including carrots, potatoes, green beans, peas, corn, lima beans, and celery), Canned, With Salt, With Salt and onion flavoring, No Salt Added, Low Sodium, or Other. (CID A-A-20120F, Type I, Type II, Style A, B, C, D, or E; Container size 4). Minimum drain weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

11/10/2026 07:48 AM Page 4 of 6

Mushrooms, 6#10 Cans 24Mushrooms, 6#10 Cans________ _______________ _______________

Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random Sliced Whole, Sliced Buttons, or Stems and Pieces. Minimum drain weight 68 oz. U.S. Grade A, or U.S. Grade B. As defined in the definitions and standards of identity for canned mushrooms 21 CFR

155.201. 6/#10 cans or pouches per case. State can or pouch on bid.

Pasta, Elbow Macaroni, Pounds 2000Pasta, Elbow Macaroni, 20 Pound Case

Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062F, Type I - Macaroni, Elbow Form. The unit of elbow macaroni must be elbow-shaped., Style A - Regular, Enrichment type (A) - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

Pasta, Spaghetti, Pounds 2000Pasta, Spaghetti, 20 Pound Case________ _______________ _______________

Pasta, Spaghetti, Long Form, Regular. (CID A-A-20062F, Type VI Spaghetti, Long Form. The unit of spaghetti must be solid and cylindrical shaped., Style A - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

Peas, Green, 6-#10 Cans 56Peas, Green, 6-#10 Cans________ _______________ _______________

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

Potato Chips, 1 oz, Each 100Potato Chips, Ind. 60 Count Case________ _______________ _______________

Chips, Potato, 1 oz sealed individual package, various flavors. Note case count and flavors in bid.

Rice, Bulk, Pounds 7500Rice, Bulk, 50 Pound Bag________ _______________ _______________

Rice, U.S. Grade No. 1 or 2, Long Grain MILLED Rice, Parboiled Light

Salt, Bulk, Pounds 500Salt, Bulk, Pounds________ _______________ _______________

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

Soup Base, Chicken, LS, Pounds 1000Soup Base, Chicken, LS, 25 Pound Tub

Soup Base, Bouillon, 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 is 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.

Spinach, 6-#10 Cans 112Spinach, 6-#10 Cans________ _______________ _______________

Vegetable, Spinach, Cut leaf or Sliced, Chopped, 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 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

Taco Shell 20000Taco Shells, 1 Each________ _______________ _______________

Taco Shells, Corn, U Shaped. (CID A-A-20143B, Type III, Style A, Shape b. Each. State case count on bid.

Storage Area - Frozen

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

11/10/2026 07:48 AM Page 5 of 6

Flour, Tortilla, 10", Each (Wheat Flour)

18000Flour, Tortilla, 10", Each________ _______________ _______________

Tortillas, Wheat. 10" in diameter, Round, Shelf stable, refrigerated, or frozen, Table Ready. (CID A-A20143B, Type I -Tortillas , Style B - Wheat, Size 9 - (10 in) diameter, Shape a - Round, Enrichment type (i) - Enriched, Product state (a) - Shelf stable, (c) - Refrigerate, or

(d) - Frozen, Cook state (I) - Table-ready. Each. State case count on bid.

RFQ#

Budget: 2nd Qtr.Budget FY 2027 AnyFood Cost Category:

Report Criteria

11/10/2026 07:48 AM Page 6 of 6

15B21227Q00000002 Page 8 of 38

Section 2 - Contract Clauses

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

2023) (DEVIATION NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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—

15B21227Q00000002 Page 9 of 38

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) Interest.

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

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 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 FAR part 32).

(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 termination for cause.

15B21227Q00000002 Page 10 of 38

(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 for interest credits prescribed in FAR part 32 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 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…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .