15B30124Q00000003 USP ATL 2ND QTR FY24 SUBSISTENCE.pdf

15B30124Q00000003 Page 1 of 20

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B30124PR000030

PAGE 1 OF

5. SOLICITATION NUMBER

15B30124Q00000003

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/21/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

K. Heatrice kheatrice@bop.gov

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

TIME

12/05/2023 17:00 ET

CODE 15B301

Federal Bureau of Prisons

USP Atlanta

601 McDONOUGH BLVD., SE

Atlanta, GA 30315

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

311999

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B301CODE15. DELIVER TO

Federal Bureau of Prisons USP Atlanta 601 McDONOUGH BLVD., SE Atlanta, GA 30315

K. Heatrice kheatrice@bop.gov

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B301CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Atlanta 601 McDONOUGH BLVD., SE Atlanta, GA 30315

C. Blair cx1blair@bop.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

USP ATL 2ND QTR FY24 - SUBSISTENCE FOR

INMATE POPULATION

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)

Shelly M Howard

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

15B30124Q00000003 Page 2 of 20

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

15B30124Q00000003 Page 3 of 20

Table of Contents

Section Description Page Number

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

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

52.232-25 Prompt Payment (Jan 2017)

3 List of Attachments 4 Solicitation Provisions

15B30124Q00000003 Page 4 of 20

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3

PSC: 8945

10,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Great Northern, Whole, U.S. Grade 1 - 3

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3

PSC: 8945

15,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134D, Type I, Class K, Style 1), Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

PSC: 8945

169 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 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

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062F, Type I, Style A, B, or C). Enrichment type (A). 20 lb sealed bags.

PSC: 8945

2,400 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Pasta, Macaroni, Rotini Form, Regular. (CID A-A-20062F, Type V, Style A, B, C, or D). Enrichment type (A). 20lb sealed bags.

PSC: 8945

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Pasta, Spaghetti, Long Form, Regular. (CID A-A-20062F, Type VI, Style A, B, or C). Enrichment type (A). 10lb -20 lb sealed bags.

PSC: 8945

2,700 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063D, Type I or Type II, Style B, Flour 1-5, Egg products a or b, Packaging size (5)-(8), Agricultural practice (a)). 10 lb to 20 lb sealed bags.

PSC: 8945

170 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B30124Q00000003 Page 5 of 20

0011 Pasta, Macaroni, Ziti Form, Regular. (CID A-A-20062F, Type XIII, Style A, B, or C). Enrichment type (A). 10-20 lb sealed bags.

PSC: 8945

2,100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Non-Fat Dry Milk, Fortified with Vitamins A and D. (CID A- A-20085D, Type II, Class A, B, or C).

PSC: 8945

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Cereal, Prepared, Ready to Eat, Unsweetened 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 20 to 40 lb case. Specify case weight on bid.

PSC: 8945

15,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Cereal, Prepared, Ready to Eat, Any type, any style, and any grain composition. (CID A-A-20000E, Any Type, Any Class, Any Grain Composition). .81 oz to 1.5 oz individual package. Specify case count, type, Class, and Grain Composition of cereal on bid.

PSC: 8945

59,520 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Hominy Grits, Enriched, White, Regular, Unflavored (CID A- A-20035E, Type I or II, Style A, Flavor 1). 50Lb bags

PSC: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Cereal, Rolled Oats, Quick cooking, Unflavored, Any Style, Any container size (CID A-A-20090F, Type II, Flavor A, Style 1 - 3, Container size n)

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride. Note package size on bid.

Product will not contain any animal by product or ingredients.

PSC: 8945

2,350 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils.

(CID A-A-20091E, Type II, Style 1, Saturated fat level a, Agricultral practice (i)). Gallons, Half Gallons, 5 Gallon Containers, or 35 lb Containers. Note size of container and case size on bid.

PSC: 8945

20 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Margarine, Bulk, All Vegetable. Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part

166) and must conform to USDA Specifications for Vegetable Oil

Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

PSC: 8945

900 LB $________ $_________________

15B30124Q00000003 Page 6 of 20

0020 Beans, Pea (Navy Beans). (CID A-A-20134D, Type I, Class A, Style 1), Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

PSC: 8945

29 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Dressing, Mayonnaise (21 Code of Federal Regulations (CFR) § 169.140), Regular, (CID A-A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a).

4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable. Note Style on bid if not specified.

Product must be to the quality of Hellman's or Kraft

PSC: 8945

110 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Dressing, Salad, Pourable, Regular, 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. Product must be to the quality of Kraft or Wishbone

PSC: 8945

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil, carbohydrates) in a manner to achieve a protein content of:

– in the case of soy protein flour (SPF) 50% or more and less than 65%;

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

– in the case of soy protein isolate (SPI) 90% or more.

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

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume

- Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.) Fully cooked, beef flavor. Product to be Vegan alternative for Beef Patty. Product will not contain any animal by product or ingredients.

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.). Fully cooked, chicken flavor. Product to be alternative for Chicken Patty.

Product will not contain any animal by product or ingredients.

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B).

PSC: 8945

500 LB $________ $_________________

15B30124Q00000003 Page 7 of 20

0027 Syrup, Table, Regular Any flavor (CID A-A-20124E, Type V, Style 1 or 2, Flavor A, B, C, D, or E). Syrup shall be manufactured in accordance with the U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. Each. Individuals are 1 oz

State case count and flavor on bid.

PSC: 8945

37,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve, or Bake and Serve. (Muffins, Donuts, Cinnamon Rolls, etc) Specify item, size case count, and if items contain yeast on bid. Items will not contain poppy seeds.

Must be a minimum of 3 different types and flavors. State type and flavors on bid.

Must be 2oz or greater

PSC: 8945

211,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, etc.) Specify item, size case count and if items contain yeast on bid. Items will not contain poppy seeds.

Must be 3 different types of desserts Must be 2oz or greater

PSC: 8945

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape b, Enrichment type i). Each. State case count on bid.

PSC: 8945

50,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Tortillas, Wheat, White with spices or herbs, or Other. 10" in diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. State case count on bid.

PSC: 8945

28,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Enrichment type I). Bulk packaged.

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can/pouch. 6/#10 cans per case.

PSC: 8945

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Tomato, Paste, as defined in the standard of identity for tomato paste (21 CFR 155.191). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%). U.S.

Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard. 6/#10 cans per case

PSC: 8945

112 CS $________ $_________________

15B30124Q00000003 Page 8 of 20

0035 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Tye, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

PSC: 8945

726 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. Minimum drain weight 64 oz. U.S.

Grade A, 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.

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 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

PSC: 8945

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 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.

PSC: 8945

560 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 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

PSC: 8945

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Vegetable, Peas and Carrots, Canned, Sliced, Diced, Double Diced, or Strips. Peas not less than 50% of drained product and Carrots not less than 25% of drained weight. Minimum drain weight 70 oz. U.S. Grade A, or U.S. Grade B. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans

56 CS $________ $_________________

15B30124Q00000003 Page 9 of 20

0042 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

PSC: 8945

392 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 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

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 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 pack in the United States or Canada, 6/#10 cans

PSC: 8945

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Meats, Beef, Ground, 80% Lean, IMPS 136, delivered Frozen.

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

BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE

DATE CLEARLY ON THE LABEL, (NO STAMPED OR WRITTEN

DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 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. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags. Note weight of packaging and case size on bid.

PSC: 8945

20,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Meats, Beef, Ground, Patties, minimum 5oz 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. Size of patty to be determined locally and size noted on bid.

12,000 LB $________ $_________________

15B30124Q00000003 Page 10 of 20

0047 Meats, Beef Roast, Beef Top Boneless. IMPS 169, 169A, Frozen, weight range approximately 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

PSC: 8945

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Meats, Beef for Stewing, Raw, IMPS 135A, diced pieces must be sized - not less than a 3/4" cube or not more than a 1 1/2" cube and no individual surface must be more than 2.5 inches in length, the fat thickness of the surface and/or seam fat must not exceed 1/4 inch at any point. Product to be packed in 10 to 40 lb cases. Delivered Frozen. VEAL is not a substitute for this specifications. Product must be packaged in plastic bags or casings. Filled bags or casings will have practically all air pockets forced out through the open end and will be closed by metal or plastic clips, tying, or folding to completely cover the product.

PSC: 8945

6,800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen

See Spec Attached on Line Attachements

PSC: 8945

7,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Meats, Chicken, 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) 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. 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. Product must be packed in 4/10# bags

PSC: 8945

15,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 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. Must be packed in 4/10# Bags

PSC: 8945

15,000 LB $________ $_________________

15B30124Q00000003 Page 11 of 20

0052 Meats, Chicken, Filet, 4-5 oz, Whole Muscle (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.

OVENABLE ITEM ONLY

PSC: 8945

10,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. (Grade Standards are separate for Cod, Flounder, Sole, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing. 100% net weight, No water or glaze weight added. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 4 to 7 oz.

PSC: 8945

8,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Meats, Fish, Breaded, Cod, or Other, Fillet Block, Single Frozen, Portion, Any Shape, Any Oven Ready Weight, Fried Fish Type, Composition (a) (Meets the requirements of U.S. Grade A [Portions – 65 percent by weight of fish flesh;

all other fishery product types – 60 percent by weight of fish flesh]), Crumb Coated Breading, Unflavored. (CID A-A-20325, Fish Species II, or III, Style A, Type 2, Oven Ready Weight (a – d), Shape (1-3), Fried Fish Type (b), Composition (a), Coating (1).

All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

Manufacturer’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

PSC: 8945

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 Meats, Turkey, Boneless, Skinless, Whole Muscle Breast, Fully Cooked, Frozen. US Grade A, 3 – 6 lb range. Product shall be produced from non-basted, U.S. Grade A turkey breasts from freshly harvested young turkeys

(AMS 70.202(b)). Individually packaged in moisture proof plastic film bags, packed with a minimum 6 breasts per case. May contain up to 18% solution of water. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8945

7,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 Meats, Frankfurters (Hot Dogs), Fully Cooked, Frozen, Beef, 6 inch, 8:1 Ratio (must specify weight ratio on bid), Skinless, Without non-meat binders and extenders or With non-meat binders and extenders

(such as nonfat dry milk, dried whole milk, and/or calcium-reduced dried skim milk. (IMPS 800, Major Ingredient D or D1 OR CID A-A-20341A, Type II, Byproducts or variety meats A - None, Curing agents 2 - Cured, Non-meat binders and extenders (a)

2,000 LB $________ $_________________

15B30124Q00000003 Page 12 of 20 or (b), Nutrient content claim (1) or (2), Links per pound of meat ratio (iii) or (iv), Package size (gg), Agricultural practice 1). The finished product shall not contain more than 30 percent fat or no more than 10 percent added water, or a combination of 40 percent fat and added water. Non-meat binders and extenders may be used up to 3.5 percent individually or collectively with other binders and extenders in the frankfurters per 9 CFR §

424.21 (c). All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Standards and Labeling Policy.

Manufacturer’s letters will NOT be accepted in lieu of labeling.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 Cheese, Sliced, (Real Cheese, Not Imitation), As specified in the Code of Federal Regulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 133 -- CHEESES AND RELATED

CHEESE PRODUCTS , Subpart B, 133.173 ,One of the following cheeses

, (To be determined by the FSA), Pasteurized Process Cheese American, Cheddar, Provolone, Swiss, Colby, or Monterey Jack .

Each of the ingredients used in the food shall be declared on the label. Manufacturer’s letters will NOT be accepted in lieu of labeling.

PSC: 8945

600 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 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 A, B, D , K (loaf, shredded coarse), Shred size 1, 2, or 3, Agricultural practice (a).

. “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 (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 lb to 10 lb sealed Bags or containers.

PSC: 8945

6,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 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 A - Block (loaf), frozen, Style B

- Shredded, individually quick frozen (IQF) or Style J - Sliced or Diced forms. Shred size 1,2, or 3. Agricultrual 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 10 lb sealed Bags or containers.

PSC: 8945

5,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 Eggs, Pasteurized, Liquid, Frozen. Specify case size on bid.

30LB Container

PSC: 8945

50 CO $________ $_________________

0061 Biscuits, 2oz, Frozen, Heat and serve, pre-baked 50,000 EA $________ $_________________

15B30124Q00000003 Page 13 of 20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0062 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter.

Length 1 to 1 1/4 inch, 47 - 54 units per pound. Un-seasoned, seasoned with spices, or seasoned with spices and salt. (CID A-A-20038C, Pack Type II, Style A, Cross-Sectional Dimension 1, Length i or Length ii - Other (purchaser specify {COINS}), Count A, Blanching method a or b, Seasoning 2, 3, or 5. Cooking/ heating method (a) or (b)). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada.

No tater coins, product must be OVENABLE

PSC: 8945

12,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 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

Must send Sample

PSC: 8945

2,160 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Kosher Sardines in Soybean Oil, Individual. 3 to 6 ounce each package. EACH. *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.

PSC: 8945

856 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0065 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: 8945

7,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0066 Kosher Oatmeal, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count.

PSC: 8945

1,600 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0067 Kosher Bread, Whole Wheat, Individually Wrapped. EACH.

Certified Kosher Parve. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher. First ingredient on label must be Whole Wheat Flour

PSC: 8945

33,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0068 Kosher Vegetable Juice, 5 to 7 ounce Sealed Pouch or Can.

EACH. Certified Kosher Parve. Can must

1,440 EA $________ $_________________

15B30124Q00000003 Page 14 of 20 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: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0069 Kosher Dressing, Salad, Mayo Style, Individual Packet. EACH.

9 Gram, Certified Kosher Parve, CID A-A20140D, Type II, Style A. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

State type and case count on bid

PSC: 8945

78,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0070 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: 8945

104,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0071 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: 8945

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0072 Kosher Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/ Packets EACH. Total amount may be adjusted to the next highest case count. Certified Kosher. *Each individual package must be marked with the kosher certification hechsher

400,000 EA $________ $_________________

15B30124Q00000003 Page 15 of 20

Section 2 - Contract Clauses

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

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

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

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

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance.

The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

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

(1) The schedule of supplies/services.

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

(3) FAR 52.212-5.

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

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

(6) Solicitation provisions if this is a solicitation.

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

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

15B30124Q00000003 Page 16 of 20

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

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

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

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

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

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

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

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

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

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

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

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

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

(vi) Updating terms.

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

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

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

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

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

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

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

2812.302 and 2852.212-4(s).

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

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

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

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government.