15B31027Q00000002 Combined Synopsis.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Field Acquisition Office

On Behalf Of

Federal Detention Center, Miami

October 28, 2026

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with

FAR Part 12 (DEV). This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 15B31027Q00000002 is issued as a request for quotation (RFQ), for subsistence, religious diets, meat, and dairy requirements.

This acquisition is set-aside for small business concerns. The NAICS for this requirement is 311999 with a small business size of 700 employees and 311511 for Dairy (Fresh Milk) with a small business size of 1,150 employees.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

(ii) A list of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable).

See attached requirements worksheets for a full description of items, quantities and units of measures for all portions of the subsistence requirement. *NOTE: Extended descriptions / specifications may flow onto following page. Vendors are responsible for reading and understanding complete descriptions prior to submitting any quote.

(iii) Description of requirements for the items to be acquired, including documentation supporting any brand name descriptions (see 12.102).

See attached requirements worksheets for a full description of items, quantities and units of measures for all portions of the subsistence requirement.

(iv) Date(s) and place(s) of delivery and acceptance and F.O.B. point (see part 47).

Dates of delivery will be within 21 Calander Days After Receipt of Order (ARO).

Delivery will be Freight on Board - DESTINATION.

Delivery address will be:

FDC Miami

33 NE 4th Street

Miami, FL 33132

(v) A list of solicitation provisions that apply to the acquisition (see 12.205(a)).

Applicable Terms and Conditions can be found following the last itemized line requirement.

The Government anticipates and intends to make MULTIPLE awards based on pricing per line item.

Awards will be made to the responsible Quoter(s) whose quote conforms to the requirements and is determined to provide the best value to the Government, considering the evaluation factors outlined below.

(1) Price - The government will evaluate the Quoter’s proposed price to ensure it is fair and reasonable;

(2) Past Performance – Past Performance shall include prior experience and similar performances undertake by the contractor.

15B31027Q00000002 Page 1 of 29

The assessment will be based on the following criteria:

Timeliness of Deliveries: The Offeror must demonstrate a consistent record of on-time deliveries. Documented instances of late deliveries, including Contractor Performance Assessment Reporting System (CPARS) evaluations and communications with other Contracting Officers, will be reviewed. A history of substantial delivery delays may result in exclusion from consideration of award.

Order Accuracy and Completeness: The Offeror must show a track record of delivering complete and accurate orders. Evidence of recurring issues such as missing or incorrect (not matching specifications) items—supported by customer complaints, returns, or input from other Contracting Officers—will be considered. Incomplete or inaccurate deliveries may result in exclusion from consideration of award.

(vi) The date, time, and place for receipt of offer and point of contact.

The completed solicitation package must be returned no later than 12:30 p.m. Eastern Standard Time on November 3rd, 2026.

Vendors shall submit quotes via a single email to:

Ricky Richards, Contract Specialist, Email: rrichards@bop.gov

Tasha Norteus, Property & Procurement Specialist, Email: tnorteus@bop.gov

No fax, hand delivered, or mail-in quotes will be accepted. Please be sure to read the solicitation, cover letter, quote sheet, clauses and provisions and delivery schedule. If the answer is addressed in those documents you will not receive a response.

Quotes MUST be good for a minimum of 30 calendar days after close of the solicitation.

(vii) Any other additional information required by 5.101(c).

Any and all information will be posted to the General Services Administration, SAM.Gov website: www.sam.gov. All future information about this acquisition, including amendments, awards and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation

All responsible sources may submit a quotation, as appropriate, which will be considered by the Bureau of Prisons.

Awards with total value over the Micro Purchase Threshold of $15,000 will be awarded with a Firm-Fixed Price (FFP)

Purchase Order.

Awards with total value under the Micro Purchase Threshold of $15,000 will be awarded with a Firm-Fixed Price (FFP)

Government Purchase Card transaction from the local food services department.

Any subsequent award will require acceptance in the form of a signature by the contractor 48 hours after the signed purchase order has been delivered to the contractor. Subsistence is a vital part of the orderly running of the operation of a Federal Prison. In accordance with FAR 12.201-1 (b), this contracting officer has determined this acquisition appropriate to require acceptance in writing. If not met, FAR 12.303 will be followed.

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

15B31027Q00000002 Page 2 of 29

Quoters MUST Complete and return this page along with pages containing items for which they are providing a quote. Typing of information is recommended. Submission of illegible information may result in erroneously entered data on calculation sheets. The government is not responsible for erroneous entries due to illegible vendor submission.

CONTRACTOR / OFFEROR INFORMATION

UEI:

BUSINESS NAME:

ADDRESS:

PHONE NUMBER:

EMAIL ADDRESS:

POINT OF CONTACT NAME:

SIGNATURE & DATE:

15B31027Q00000002 Page 3 of 29

15B31027Q00000002 Page 4 of 29

This Section Is Intentionally Left Blank

15B31027Q00000002 Page 5 of 29

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Kosher Parve - 12 ounce Filet of Sole consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle filet of sole flesh fillet (not Breaded)

- 2 ounce-weight Lemon Parsley Sauce

- 3 ounce-weight Shell Pasta

- 3 ounce-weight Green Beans

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Kosher Meat - 12 Ounce Beef Goulash Meal consisting of:

-4oz Beef Goulash -2oz-weight Goulash gravy with spices -3oz-weight Mashed Potatoes -3oz-weight Mixed Vegetables

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Kosher Meat - 12 Ounce Beef Pot Roast Meal consisting of:

-3oz Beef Pot Roast (not fully cooked) -2oz-weight Savory Pot Roast Gravy w/ spices -4oz-weight Roasted Potatoes -3oz-weight Mixed Vegetables

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Kosher Meat - 18 Ounce Beans and Franks Meal consisting of

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

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

- 6 ounce-weight Diced Potatoes

- The finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Kosher Meat - 12 Ounce Roasted Chicken Breast (Bone-in) Meal consisting of:

-5oz-weight Bone-In Roasted Chicken Breast -1oz-weight chicken gravy with spices -3oz-weight Potato Kugel -3oz-weight Carrot Tzimmes

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Kosher Meat - 16 ounce Chicken Wing Meal consisting of:

-5 ounce weight – Bone-in Chicken Wings

- 2 ounce weight – BBQ Sauce

- 5 ounce weight – Mashed Potato

- 4 ounce weight – Mixed Vegetable

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B31027Q00000002 Page 6 of 29

0007 Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from:

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

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from:

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

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrot

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Kosher Meat - 16 Ounce Turkey Cutlet Meal consisting of:

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

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Kosher Meat - 16 Ounce Meatloaf Meal consisting of:

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

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- The finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Kosher Meat - 15 Ounce Hawaiian Meatballs with Rice Meal consisting of:

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

- 2 ounce weight – Sweet Hawaiian Sauce

- 5 ounce weight – Cooked White Rice

- 4 ounce weight – Green Bean

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Kosher Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

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

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas

15B31027Q00000002 Page 7 of 29

- The finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Kosher Parve - 16 Ounce Pasta with Vegetarian Meat Sauce Meal consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight – Mushrooms,

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

- 5 ounce-weight Cooked Elbow Pasta

- 4 ounce-weight Green Beans

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Kosher Dairy - 16 Ounce Vegetarian Lasagna Meal consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight – Mushrooms,

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

- 5 ounce-weight Cooked Ricotta Cheese Roll-up

- 4 ounce-weight Green Bean

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Kosher Parve - 12 Ounce Vegetarian Stuffed Peppers Meal consisting of:

Vegetable Protein Meat Sauce filling from:

- 1 ounce weight – Peppers

- 3 ounce weight – Pre-Flavored Textured Soy Protein blended with cooked White Rice. Pre-flavored to mimic Beef and Italian Sausage.

- 2 ounce weight – Tomato Sauce with spices

- 3 ounce-weight Bow Tie Pasta

- 3 ounce-weight Sweet Peas

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Kosher Parve - 12 Ounce Vegetarian Eggplant Creole Meal consisting of:

- 4 ounce weight – Eggplant

- 2 ounce weight – Soy Vegetable Protein enhanced Creole Sauce with diced/crushed Tomatoes, diced Red & Green Peppers, and spices

- 3 ounce-weight Cooked White Rice

- 3 ounce-weight Sweet Peas & Carrot

PSC: 8945

360 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Kosher Dairy - 7 Ounce Cheese Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

- 3 ounce Potatoes

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Kosher Dairy - 7 Ounce Spanish Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce Spanish Sauce

- 3 ounce Potatoes

PSC: 8945

15B31027Q00000002 Page 8 of 29

0019 Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Kosher Tuna, Chunk Light in Water, Individual. 4 - 6 ounce each package. EACH.

POUCHES ONLY, NO CANS.

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.

POUCHES ONLY, NO CANS.

Specify pack size on bid

PSC: 8945

2,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Kosher Tuna, Chunk Light in Water, Individual. 4 - 6 ounce each package. EACH.

POUCHES ONLY, NO CANS.

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.

POUCHES ONLY, NO CANS.

Specify pack size on bid

PSC: 8945

2,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Kosher Cereal, A 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)).

Maximum 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 package size and brand name on bid.

PSC: 8945

2,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Kosher Oatmeal, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Manufacturer sealed. Total amount may be adjusted to the next highest case count.

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

PSC: 8945

2,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Kosher Farina, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Manufacturer sealed. Total amount may be adjusted to the next highest case count.

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

PSC: 8945

2,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Kosher Bread, Whole Wheat, 1 pound Loaf - 1.5 pound Loaf, SLICED. Certified Kosher Parve, First ingredient on label must be Whole Wheat Flour, See Delivery Schedule. Specify Loaf size on bid.

Each loaf will be individually wrapped.

*Each individual package must be marked with the kosher certification hechsher. Specify pack size on bid.

0 EA $________ $_________________

15B31027Q00000002 Page 9 of 29

ITEMS TO BE DELIVERED COMPLETELY FROZEN. MUST BE

FROZEN WITHIN 48 HOURS OF PRODUCTION. PRODUCTION

DATE MUST BE NO GREATER THAN 15 DAYS PRIOR TO

DELIVERY.

EA = LOAF

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 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

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Kosher Vegetable Juice, 5 to 7 ounce Sealed Pouch or Can.

EACH. Certified Kosher Parve.

Can must have easy open top. Juice must be tomato based with at least five additional vegetable products in the juice.

*Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8945

3,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Kosher Potato Chips, Individual Package. EACH.

1 Ounce Sealed Individual Package, Certified Kosher Parve, See Delivery Schedule.

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

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

MUST STATE FLAVOR(S) OR PLAIN ON BID.

PSC: 8945

4,800 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Kosher Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light. EACH. 9 Gram Packet, Certified Kosher Parve. (CID A- A-20140D, Type I, Style A, B, C, or D). *Each individual package must be marked with the kosher certification hechsher.

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

PSC: 8945

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Kosher Tartar Sauce, Individual Packet. EACH. 9 Gram Individual Packet, Certified Kosher Parve, CID A-A 20140D, Type III, Style A.

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

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

PSC: 8945

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 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

1,200 EA $________ $_________________

15B31027Q00000002 Page 10 of 29

0032 Kosher Mustard, Prepared, Yellow (Salad Style), Individual Packet.

EACH. 4.5 Gram - 9 Gram Packet, Certified Kosher Parve, CID A- A20036C, Type I.

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

Specify packet size on bid.

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

PSC: 8945

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Kosher Jelly, Fruit, Nonstandardized, No artificial sweeteners.

Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry or Strawberry.

Reduced sugar, U.S. Grade A or equivalent. (CID A-A-20078D), Type III - Nonstandardized, single; Kind A, B, F, M, R, S, Y, or AA, Style 2 - Reduced sugar (Must comply with 21 Code of Federal Regulations (CFR) § 101.60, 21 CFR § 130.10), Agricultural practice (A) - Conventional; Finished product quality a - U.S.

Grade A or Finished product quality b - Equivalent to U.S. Grade A. 10 gram individual portion. EACH.

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

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

PSC: 8945

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 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

0035 Kosher Coffee, Instant, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH. Total amount may be adjusted to the next highest case count. Certified Kosher.

PSC: 8945

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Kosher Fruit Flavored Drink Powder, No artificial sweeteners.

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

VENDOR MUST STATE IF POWDER DISSOLVES CLEAR OR

HAS COLOR.

PSC: 8910

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Kosher Instant Milk or Smart Milk, Whole, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH. Total amount may be adjusted to the next highest case count.

Certified Kosher.

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

PSC: 8945

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Dairy, Milk, Pasteurized, Nonfat, Skim, or Fat Free, No Flavor (CID A-A-20338, Group I, Type D, No Flavor). ½ pint containers.

Certified Kosher - Individually marked

FRESH REFRIGERATED, NOT POWDERED OR RE-

CONSTITUTED

241,920 EA $________ $_________________

15B31027Q00000002 Page 11 of 29

TOTAL QUANTITY TO BE DELIVERED IN 12 EQUAL

INCREMENTS OF 20,160 PINTS PER WEEK (OR OTHER DAY

UPON MUTUAL AGREEMENT). BEST BY DATE TO BE NO

EARLIER THAN 9 DAYS FROM DELIVERY DATE.

SHOULD NORMAL DELIVERY DATE FALL ON A FEDERAL

HOLIDAY, VENDOR WILL COORDINATE WITH FOOD SERVICE

TO DELIVER ON TUESDAY OR THURSDAY NLT 1300 CST (OR

OTHER DAY UPON MUTUAL AGREEMENT).

QUANTITY MAY BE MODIFIED DEPENDING ON POPULATION.

MODIFICATION WILL BE REQUESTED AT LEAST 1 WEEK

PRIOR TO EXPECTED ADJUSTMENT.

*PRODUCT MUST BE DELIVERED IN PROPERLY STACKED

AND PALLETIZED MILK CRATES. INDUSTRY STANDARD

RECTANGULAR SQUARE INTERLOCKING POLY (HDPE

PLASTIC) MESH (NOT SOLID) BOTTOM AND SIDE CRATES

THAT ALLOW COLD AIR TO CIRCULATE FREELY AROUND

THE PRODUCT (HALF PINTS) MUST BE USED.

**VENDOR IS RESPONSIBLE FOR PICKING UP AVAILABLE

MILK CRATES AT THE FOLLOWING DELIVERY. SHOULD

CRATES NOT BE PICKED UP WITHIN TWO SUBSEQUENT

DELIVERIES (THREE WEEKS FROM DATE ORIGINAL

PRODUCT WAS DELIVERED), CRATES WILL BE CONSIDERED

ABANDONED AND BECOME THE PROPERTY OF

THE GOVERNMENT; THERE SHALL BE NO VENDOR

RECOVERABLE FEE FOR ABANDONED PROPERTY.

***NO AUTOMATIC REPLACEMENT OF REJECTED,

SPOILED, OR OTHERWISE UNSATISFACTORY PRODUCT IS

AUTHORIZED. REPLACEMENT MUST BE APPROVED ON AN

INDIVIDUAL BASIS BY BOP INSTITUTION FOOD SERVICE.

PSC: 8910

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Kosher Dressing, Fat Free, Individual Packet. EACH. 9 Gram -

28.35 Gram Packet, Certified Kosher Parve, CID A-A-20162B.

*Each individual package must be marked with the kosher certification hechsher. Specify Type, Class, Style, and size on bid.

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

MUST BE A FLAVORED DRESSING. SPECIFY FLAVOR ON BID.

PSC: 8945

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Kosher Preserves (Or Jams), Fruit, No artificial sweeteners.

Variety, Apple, Apricot, Cherry, Grape, Peach, Raspberry or Strawberry. Reduced sugar, U.S. Grade A or equivalent. (CID A- A-20079D), Type II - Fruit preserves (or jams) that are prepared from more than a single fruit listed in Group I or Group II; Kind Group I: E, I, M, Q or Group II: A, B, J, Style 2 - Reduced sugar (Must comply with 21 CFR § 101.60, 21 CFR § 130.10), Agricultural practice

(A) - Conventional; Finished product quality a - U.S. Grade A or Finished product quality b - Equivalent to U.S. Grade A. 10 gram individual portion. EACH.

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

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

PSC: 8945

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Certified Halal Meat - 12 ounce Filet of Sole consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle filet of sole flesh fillet (not Breaded)

- 2 ounce-weight Lemon Parsley Sauce

- 3 ounce-weight Shell Pasta

- 3 ounce-weight Green Beans

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Certified Halal Meat- 12 Ounce Beef Goulash Meal consisting of:

- 4 ounce-weight Beef Goulash

- 2 ounce-weight Goulash gravy with spices

- 3 ounce-weight Mashed Potatoes

15B31027Q00000002 Page 12 of 29

- 3 ounce-weight Mixed Vegetables

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Certified Halal Meat - 12 Ounce Beef Pot Roast Meal consisting of:

- 3 ounce Beef Pot Roast (not fully cooked)

- 2 ounce-weight Savory Pot Roast Gravy with spices

- 4 ounce-weight Roasted Potatoes

- 3 ounce-weight Mixed Vegetables

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Certified Halal Meat- 18 Ounce Beans and Franks Meal consisting of:

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

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

- 6 ounce-weight Diced Potatoes

- finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Certified Halal Meat - 12 ounce Roasted Chicken Breast Meal (Bone-in) consisting of:

- 5 ounce weight – Bone-in Roasted Chicken Breast

- 1 ounce weight – chicken gravy with spices

- 3 ounce weight – Potato Kugel

- 3 ounce weight – Carrot Tzimmes

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Certified Halal Meat - 16 ounce Chicken Wing Meal consisting of:

- 5 ounce-weight Bone-in Chicken Wings

- 2 ounce-weight BBQ Sauce

- 5 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Certified Halal Meat - 20 Ounce Chicken Cacciatore Meal consisting of:

Chicken Cacciatore made from:

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

- 4 ounce-weight Tomato Sauce

- 4 ounce-weight Diced Tomatoes

- 1/2 ounce-weight Mushrooms

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

- 3 ounce-weight Pasta Macaroni

- 4 ounce-weight Sliced or Diced Carrots

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Certified Halal Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from:

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

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

15B31027Q00000002 Page 13 of 29

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Certified Halal Meat - 16 Ounce Turkey Cutlet Meal consisting of:

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

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Certified Halal Meat - 16 Ounce Meatloaf Meal consisting of:

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

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Certified Halal Meat - 16 Ounce Meatloaf Meal consisting of:

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

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Certified Halal Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

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

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas

- finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Certified Halal - 7 Ounce Cheese Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

- 3 ounce Potatoes

PSC: 8945

576 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Certified Halal - 7 Ounce Spanish Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce Spanish Sauce

- 3 ounce Potatoes

15B31027Q00000002 Page 14 of 29

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 Certified Halal Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic.

*Each individual package must be marked with the halal certification symbol.

PSC: 8945

2,160 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 Certified Halal Meal - 12 Ounce Roasted Chicken Breast (Bone-in) Meal consisting of:

-5oz-weight Bone-In Roasted Chicken Breast -1oz-weight chicken gravy with spices -3oz-weight Potato Kugel -3oz-weight Carrot Tzimmes

PSC: 8945

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 DELIVERY WILL BE AS NEEDED. QUANTITY LISTED IS

ESTIMATED MAXIMUM. INDIVIDUAL ORDERS TO BE PLACED,

UP TO 13 WEEKLY ORDERS. Kosher Wheat Bread, 28 Slice, 24 Ounce Loaf

Kosher Bread, Whole Wheat, 1.5 pound Loaf, Certified Kosher Parve. First ingredient on label must be Whole Wheat Flour. -

DELIVERY WILL BE AS NEEDED-INDIVIDUALLY WRAPPED

LOAVES MUST BE LABELED WITH KOSHER HECHSHER

PG = 1 LOAF

PSC: 8945

0 PG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 DELIVERY WILL BE AS NEEDED. QUANTITY LISTED IS

ESTIMATED MAXIMUM. INDIVIDUAL ORDERS TO BE PLACED,

UP TO 13 WEEKLY ORDERS. Whole Wheat Hamburger Buns, Fresh, 12/Pkg

Bread, Roll, Enriched, Sandwich (Hamburger), Whole Wheat, Part Whole Wheat, or Multigrain, Pan Baked, Sliced, Fresh, Seedless.

(CID A-A-20053C, Type I, Class of Roll C, Style of Roll 2, 3, or 4, Bake Type a, Slice Type i, Product State a, Seed type I, Agricultural practice (i)). -Fresh bread shall be delivered within 48 hours after baking. -DELIVERY WILL BE AS NEEDED

PSC: 8945

0 PG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 DELIVERY WILL BE AS NEEDED. QUANTITY LISTED IS

ESTIMATED MAXIMUM. INDIVIDUAL ORDERS TO BE PLACED,

UP TO 13 WEEKLY ORDERS. Whole Wheat Hot Dog Buns, Fresh Each 12/Pkg

Bread, Roll, Enriched, Finger (Hot Dog), Wheat, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053B, Type I, Class of Roll D, Style of Roll 3, Bake Type a, Slice Type i, Product State a, Seed type I). -Fresh bread shall be delivered within 48 hours after baking. -

DELIVERY WILL BE AS NEEDED

PSC: 8945

0 PG $________ $_________________

PLEASE DO NOT RETURN PAGES WITH ONLY ITEMS THAT YOU DO NOT INTEND TO BID

VENDOR SIGNED BID SHEET CONFIRMS RECEIPT OF & INTENT TO ADHERE TO ALL TERMS & CONDITIONS CONTAINED

WITHIN THE COMPLETE SOLICITATION DOCUMENT WHETHER OR NOT T&C PAGES ARE RETURNED

1.1 BOP / NATIONAL MENU SPECIFICATION REQUIREMENTS FOR ALL ITEMS

PER NATIONAL MENU SPECIFICATIONS QUOTE SHEET:

15B31027Q00000002 Page 15 of 29

The delivered item(s) must comply with all applicable Federal, State, and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sale of the supplies in the commercial marketplace. Delivered item(s) must comply with all applicable provisions of the Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling Act, and regulations promulgated thereunder. When a known allergen is included in the item(s), the item(s) must comply with the allergen labeling requirements of the FD&C Act. Major allergens identified in the FD&C Act include: wheat, fish, milk, soy, tree nuts, eggs, peanuts, shellfish, and sesame or those in effect on the date of the solicitation, contract, or purchase order. Failure to comply with the National Menu Specifications will result in your quoted item not being considered for award. No specification substitutions will be accepted. If a specification does NOT state it must be a product of the United States or Canada, it is acceptable for it to be a "product of" a Foreign Country and distributed in the United States or Puerto Rico.

LOCAL REQUIREMENT(S):

- No item may contain MSG.

- If not specified elsewhere, no item may be produced / processed / packaged more than six (6) months prior to date of delivery.

The government requires all quoted items to meet all specifications for the respective item; it is the vendor's responsibility to ensure that the quoted (supplied - if awarded) item meets all specifications. The attachment of images, labels, or other documents to supplied quotes do not excuse / exempt vendors from their responsibility to supply items within government specifications, nor does the award of any item that may have had an attachment indicating the item(s) failure to meet specifications constitute the governments acknowledgement or intent to accept any out of specification item.

1.2 DELIVERY INFORMATION

A complete delivery of all awarded items will be in accordance with 52.211-8 OR 1.3 TIME OF DELIVERY. Should the government not provide applicable 52.211-8 / 1.3 fill-ins, delivery will be no greater than 30 calendar days upon receipt of a government signed, funded award (52.211-8 fill ins SHALL SUPERCEDE); the deadline for excusable delays is in accordance with applicable clause(s). Deliveries will be made Monday through Friday from 08:00 to 12:30 Federal holiday deliveries will not be accepted.Although delivery appointments are not required, vendors are encouraged to call before delivery to confirm hours of operation for that specific date; hours may change with little notice due to institution requirements.

Contractor failure to meet delivery schedules without an excusable delay and/or failure to conform to contractspecifications will negatively affect the contractor's history of past performance. Past performance information may beused by the Government to make future award decisions and/or may result in a finding that the quoter is not responsiblefor the award of future requirements.

NOTE: Delivery schedules must be pre-arranged with the receiving warehouse if delivery is planned withing 30 minutes ofclose of business.

DELIVERY REQUIREMENTS – Updated AUG 2025-All deliveries must be palletized unless prior arrangements were agreed to by warehouse staff. Pallets must beserviceable / able to hold the weight of palletized product without breaking and/or damaging product when loading with electronic pallet jacks. Should palletized product be damaged during unloading / initial inspection due to inadequatepalletization, damage will remain the vendor'sresponsibility - this includes damage to items not being delivered to our location, should they need to be moved from/within the trailer to access our delivery. Blue CHEP/ Red painted pallets are recommended but not required for heavypallets and pallets holding bagged goods.

Not all institutions have loading docks. Vendors must ensure that products being delivered can be moved to the end of the trailer by the transportation company for unloading by forklift, or pallet jack should a delivery dock be available.

*ALL Product(s) delivered MUST comply with 21 CFR and the FDA's FoodSafety Rule.

-All non-frozen, perishable foods must be delivered between 34 degrees F and 40 degrees F.

-All canned goods must be delivered above 34 degrees F and not frozen.

-All frozen foods must be delivered at 0 degrees F or below.

-Any product that indicates prior thawing will be refused.

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

-All items must strictly be in compliance with the BOP National Menu Specifications (INCLUDING referenced CID(s),CFR(s), etc.). Food Service contractors have the responsibility of understanding these specifications. Contractors

15B31027Q00000002 Page 16 of 29 must obtain a copy of the National Menu Specifications prior to quoting; some items on this solicitation have more stringent specifications.

-All items will be closely inspected.

-Catch weight items including, but not limited to, Pork Roast/Loin, Roast Beef Raw, Turkey Roast, etcetera will beaccompanied by an itemized BOL/Manifest that includes individual Case Weights. If no detailed BOL/Manifest ispresented at the time of delivery, items may be refused or conditionally accepted for a period of NO LESS THAN five

(5) business days (in addition to all other conditional acceptance) as determined by the receiving institution. For billing purposes, items thathave been conditionally accepted are NOT considered delivered.

-Some items may require thawing and cooking to determine specifications compliance.

-Receipt of delivery may be conditional for a minimum period of five (5) business days (or longer for meat items and/or ifsolicitation line item specifies) to allow for adequate examination and testing. Items that fail to meet specifications will be refused. If an item /items are found to be outside of specifications after the conditional acceptance, the supplying vendor will be contactedfor replacement options at no expense to the government. Additional inspection time is required for any product thatrequires thawing. Items which are conditionally received, and found to be unacceptable, must be picked up at the vendors'expense within two (2) weeks of noncompliance notification. If the product is not picked up within two (2) weeks it will beconsidered abandoned & will be disposed of by institution staff.*Goods being delivered must be at or near the end of the truck/trailer so items not being delivered do not have to be unloaded.

1.3 TIME OF DELIVERY

Previously 52.211-8 Time of Delivery

(a) The Government requires delivery to be made according to the following schedule:

ITEM: "ALL CONTRACT LINE ITEMS"

QUANTITY: "ALL / ANY QUANTITIES"

WITHIN DAYS AFTER DATE OF CONTRACT: "21 CALENDAR DAYS OF RECEIPT OF A GOVERNMENT

SIGNED,FUNDED AWARD"

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptanceof offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government willmail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore,the offeror should compute the time available for performance beginning with the actual date of award, rather thanthe date the written notice of award is received from the Contracting Officer through the ordinary mails. However, theGovernment will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contractor notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) oneworking day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term"working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later thanthe required delivery date, the offer will be considered nonresponsive and rejected.

1.4 VARIATION IN QUANTITY

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation hasbeen caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only tothe extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

1 Percent increase 1 Percent decrease This increase or decrease shall apply to all items unless otherwise specified on the specific line item description.*

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.(End of clause)

1.5 DELIVERY OF EXCESS QUANTITIES

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If theContractor delivers and the Government receives quantities of any item in excess of the quantity called for (afterconsidering any allowable variation in quantity), such excess quantities will be treated as being delivered for theconvenience of the Contractor. The Government may retain such excess quantities up to $250 in value withoutcompensating the Contractor

15B31027Q00000002 Page 17 of 29 therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of$250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by theGovernment at the contract unit price.

15B31027Q00000002 Page 18 of 29

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—

15B31027Q00000002 Page 19 of 29

(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…