15B31518Q00000010.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B31518Q00000010

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/20/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Barbara McMaster bmcmaster@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 662-716-1020 (F) 662-716-1024

8. OFFER DUE DATE / LOCAL

TIME

03/09/2018 14:00:00

CODE 15B315

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 1.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 311999

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B315CODE15. DELIVER TO

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE 15B31516. ADMINISTERED BY

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B315CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 04/20/2018

DRY GOODS / FROZEN ITEMS SUBSISTENCE

FY 2018 - 3rd QUARTER

APRIL 01, 2018 - JUNE 30, 2018

TIN_____________________________________

DUNS___________________________________

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Barbara McMaster

31c. DATE SIGNED

02/20/2018

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B31518Q00000010 Page 1 of 40

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B31518Q00000010 Page 2 of 40

Table of Contents

Section Description Page Number

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

52.211-16 Variation In Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.204-99 System for Award Management Registration (September 2012) (DEVIATION) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015) 52.232-25 Prompt Payment (Jul 2013) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.204-16 Commercial and Government Entity Code Maintenance (Jul 2015)

15B31518Q00000010 Page 3 of 40

Section 2 - 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.

{FSA REQUESTS 50 POUND BAGS}

2,500.000000 LB $____________ $___________________

0002 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 – 3.

{FSA REQUESTS 50 POUND BAGS}

5,000.000000 LB $____________ $___________________

0003 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light

{FSA REQUESTS 50 POUND BAGS}

17,500.000000 EA $____________ $___________________

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

{FSA REQUESTS 50 POUND BAGS}

17,500.000000 LB $____________ $___________________

0005 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular, (CID A-A-20062E, Type I, Style A, B, or C), Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

{FSA REQUESTS 10 POUND - 20 POUND CASES ONLY}

8,000.000000 LB $____________ $___________________

0006 Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A-A-20000D, Type I, Class 5, Grain Composition A). Bulk package range 12 to 40 lb case. Specify case weight on bid.

{FSA REQUESTS 30 -40 POUND CASES}

21,455.000000 LB $____________ $___________________

0007 Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, or Regular, (CID A-A 20062E, Type V, Style A, B, C, or D), Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

1 lb to 40 lb sealed bags.

{FSA REQUESTS 10 POUND - 20 POUND CASES ONLY}

2,400.000000 LB $____________ $___________________

0008 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, or Regular, (CID A-A-20062E, Type VI, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR

139.115 and 21 CFR 139.135.

1 lb to 40 lb sealed bags.

{FSA REQUESTS 10 POUND - 20 POUND CASES ONLY}

4,480.000000 LB $____________ $___________________

0009 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles, (CID A-A-20063C, Type I or Type II Style B).

1 lb to 40 lb sealed bags.

{FSA REQUESTS 10 POUND - 20 POUND CASES ONLY}

3,200.000000 LB $____________ $___________________

0010 Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type XIII, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR

139.115 and 21 CFR 139.135.

1 lb to 40 lb sealed bags.

{FSA REQUESTS 10 POUND - 20 POUND CASES ONLY}

4,800.000000 LB $____________ $___________________

0011 Flour, General, All Purpose, or Whole Wheat Flour, Unbleached (CID A-A-20126F, Type II or VI, Style A)

{FSA REQUESTS 50 POUND BAG}

5,000.000000 LB $____________ $___________________

0012 Cereal, Rolled Oats, Quick cooking, Unflavored, Any Style, Any container size (CID A-A-20090F, Type II, Flavor A, Style 1 – 3)

{FSA REQUESTS 50 POUND BAG}

12,000.000000 LB $____________ $___________________

0013 Hominy Grits, Enriched, White or Yellow, Regular (CID A-A-20035D, Type I or II, Style A).

{FSA REQUESTS 50 LB BAGS}

5,000.000000 LB $____________ $___________________

15B31518Q00000010 Page 4 of 40

0014 Spices, Garlic, Powder. From dehydrated garlic bulb ground to a fine powder after the milling process. 100% air dried garlic.

Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic.

No off notes. Texture - A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

{FSA REQUESTS 1 POUND - 2 POUND CONTAINERS ONLY}

500.000000 LB $____________ $___________________

0015 Dressing, Mayonnaise, Regular (CID A-A-20140D, Type I, Style A, B, C, or D). 4/1 Gallon plastic containers per case.

4/1 GALLON PLASTIC CONTAINERS PER CASE

{FSA REQUESTS REGULAR MAYONNAISE ONLY}

48.000000 CS $____________ $___________________

0016 Dressing, Salad, Regular, (CID A-A-20140D, Type II, Style A, B, C, or D). Salad Dressing shall comply with 21 CFR 169.150. 4/1 gallon plastic containers per case. Note Style on bid.

{FSA REQUESTS REGULAR CREAMY ITALIAN DRESSING

ONLY}

96.000000 CS $____________ $___________________

0017 Juice, Lime, Reconstituted (CID A-A-20144B). Quarts.

{FSA REQUESTS QUART SIZE}

**THIS PRODUCT IS A PURCHASE AS REQUIRED (PAR) OR

NEEDED ITEM**

150.000000 QT $____________ $___________________

0018 Dressing, Salad, Reduced Fat, or Light.(CID A-A-20140D, Type II, Style A, B, C, or D). Salad Dressing shall comply with 21 CFR

169.150. 4/1 gallon plastic containers per case. Note Style on bid.

{FSA REQUESTS LOW CALORIE ITALIAN DRESSING ONLY}

288.000000 CS $____________ $___________________

0019 Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case

{FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE}

144.000000 CS $____________ $___________________

0020 Pickles, Sliced crosswise, crosscut or waffle cut style, Bulk, Dill, Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case or 5 Gallon Containers.

Note package size on bid.

{FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE}

48.000000 CS $____________ $___________________

0021 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve (Muffins, Donuts, Cinnamon Rolls, Honey Buns, etc.) Specify item, size and case count on bid. Items will not contain poppy seeds.

{FSA REQUESTS 2-4 OUNCE INDIVIDUALLY, WRAPPED,

DONUTS, CINNAMON ROLLS, AND DANISHES ONLY}

VENDORS, PLEASE SPECIFY THE PRODUCT(S) THAT YOU

WILL BE SUPPLYING, INCLUDING THE UNIT SIZE AND COUNT

150,000.000000 EA $____________ $___________________

0022 Spices, Oregano, Ground or Crushed. (CID A-A-20001B, Type I, Class U, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

{FSA REQUESTS 1 POUND - 2 POUND CONTAINERS/BAGS

ONLY}

100.000000 LB $____________ $___________________

0023 Spices, Paprika, Ground. (CID A-A-20001B, Type I, Class V, Form 1). Packaging must indicate actual delivered weight of product.

Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

{FSA REQUESTS 1 POUND - 2 POUND CONTAINERS/BAGS

ONLY}

100.000000 LB $____________ $___________________

0024 Pizza, Prepared, Frozen, Cheese, Thin Crust, Mozzarella Cheese (Regular, Lite or Low-moisture part skim as indicated in 21 CFR 133.144, 133.158, and 133.113), Enriched wheat or whole wheat crust, Wedge, Rectangle, Round Individual, or Round Oversized (specify size), Individually Quick Frozen. (CID A-A-20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a or b, Shape 1, cut b;

Shape 2, cut b; Shape 3, cut d, e, or f; or Shape 4.)

Ingredients: Pizza will consist of a dough crust, tomato sauce, 48,000.000000 EA $____________ $___________________

15B31518Q00000010 Page 5 of 40 cheese and spices. The dough crust will contain enriched flour and yeast and/or other leavening agents. The sauce shall be prepared from peeled and cored tomatoes, tomato puree, and/or tomato paste; water; and spices, including salt; and/or other ingredients as appropriate. Product shall be manufactured not more than 180 days prior to delivery. Bid Quote MUST indicate actual portion weight, dimensions, & case pack.

STATE CASE COUNT ON BID

{FSA REQUESTS 4 - 6 OUNCE SLICES WITH 64 COUNT PER

CASE}

96 COUNT X 500 CASES = 48,000 EACH

0025 Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets. (CID A-A-20178C, Types I-VI, Style A, Package 1). Each individual is .80 to 1.0 Gram.

State case count on bid.

{FSA REQUESTS 3,000 COUNT PER CASE}

450.000000 CS $____________ $___________________

0026 Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E. Syrup shall be manufactured in accordance with the U.S. Standard of Identify for Table Syrup, 21 CFR 168.180.

4/1 Gallon Plastic containers per case. State case count on bid.

{FSA REQUESTS MAPLE FLAVOR SYRUP, 4/1 GALLON

CONTAINERS PER CASE}

144.000000 CS $____________ $___________________

0027 Tortillas, Wheat, White with spices or herbs, or Other, 7” – 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.

{FSA REQUESTS 360 COUNT PER CASE ONLY}

250.000000 CS $____________ $___________________

0028 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.

PLEASE NOTE CASE WEIGHT ON BID

{FSA REQUESTS 15 POUND BAGS PER CASE}

140 CASES X 15 LB BAGS PER CASE = 2,100 POUNDS

140.000000 CS $____________ $___________________

0029 Tomato, Crushed, as defined in the standard of identity for crushed tomato (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.

{FSA REQUESTS 6 #10 CANS PER CASE ONLY}

{CANS ONLY}

224.000000 CS $____________ $___________________

0030 Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans or Pouches per case. State can or pouch on bid.

{FSA REQUESTS 6/#10 CANS PER CASE ONLY}

{CANS ONLY}

112.000000 CS $____________ $___________________

0031 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.

{FSA REQUESTS 200 COUNT PER CASE ONLY}

240 CASES X 200 COUNT PER CASE = 48,000 EACH

240.000000 CS $____________ $___________________

0032 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

{FSA REQUESTS 6/#10 COUNT PER CASE ONLY}

{CANS ONLY}

224.000000 CS $____________ $___________________

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. 6/#10 cans per case.

{FSA REQUESTS 6/#10 CANS PER CASE ONLY}

{CANS ONLY}

336.000000 CS $____________ $___________________

15B31518Q00000010 Page 6 of 40

0034 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. Minimum drain weight 64 oz. U.S.

Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

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

{FSA REQUESTS 6/#10 CANS PER CASE}

56.000000 CS $____________ $___________________

0035 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, Good to Reasonably Good Character (A or B), Minimum Drain Weight 59 oz. U.S. Grade A – C. As defined in Food and Drug Standard of Identity 21 CFR 155.120.

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

{FSA REQUESTS 6/#10 CANS PER CASE}

196.000000 CS $____________ $___________________

0036 Vegetable, Greens, Collard, 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 per case.

{FSA REQUEST 6/#10 CANS}

196.000000 CS $____________ $___________________

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 per case.

{FSA REQUESTS 6/#10 CANS PER CASE}

147.000000 CS $____________ $___________________

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.

{FSA REQUESTS 6/#10 CANS PER CASE}

245.000000 CS $____________ $___________________

0039 Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Salt Added, Low Sodium, or Other, (CID A-A-20120E, Type II, Style A, B, C, D, or E).

Minimum Drain Weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans.

{FSA REQUESTS 6/#10 CANS PER CASE}

196.000000 CS $____________ $___________________

0040 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

{FSA REQUESTS 6/#10 CANS PER CASE}

196.000000 CS $____________ $___________________

0041 Vegetable, Spinach, Cut leaf or Sliced, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 51.990. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans.

{FSA REQUESTS 6/#10 CANS PER CASE}

196.000000 CS $____________ $___________________

0042 Vegetable, Beans, Wax, Canned, Cut, Sliced Lengthwise, or French Style, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.120.

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

{FSA REQUESTS 6/#10 CANS PER CASE}

112.000000 CS $____________ $___________________

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

{FSA REQUESTS 6/#10 CANS PER CASE}

56.000000 CS $____________ $___________________

15B31518Q00000010 Page 7 of 40

0044 Beans, Kidney or Red, Canned, In Brine, Meatless, Light or Dark Red. (CID A-A-20134C, Type I or IV, Class C, D, E, or I, Style 1).

6/#10 cans per case

{FSA REQUEST 6/#10 CANS PER CASE}

168.000000 CS $____________ $___________________

0045 Vegetable, Potatoes, French Fries, Frozen, Institutional type, Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, ½ x ¼, or 3/8 x ¾ inch and be Extra Long, Long, or Medium

(at least 50 percent or more are 2 inches or longer. OVENABLE.

U.S. Grade A, U.S. Fancy, or U.S. Grade B. As defined in Title 7 52.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

{FSA REQUESTS 30 POUND CASES OF STRAIGHT CUT OR

CRINKLE CUT ONLY}

800 CASES X 30 POUNDS PER CASE = 24,000 LBS

24,000.000000 LB $____________ $___________________

0046 Peanut Butter, Regular or Reduced Fat, Smooth or Chunky/crunchy, Stabilized, Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1 or 3, Type a, Fortification 1, Seasoning (a) or (b). 1 to 50 lb sealed containers.

Specify weight of container on bid.

{FSA REQUESTS 30 POUND CASES ONLY}

50 cases X 30 lb case = 1,500 pounds

50.000000 EA $____________ $___________________

0047 Cheese, Parmesan or Parmesan and Romano Mixed, Grated, Italian Style, 12-1 lb containers per case

50.000000 CS $____________ $___________________

0048 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-20091D, Type II).

Gallons, Half Gallons, 5 Gallon Containers, or 35 lb Containers.

Note size of container and case size on bid.

{FSA REQUESTS 35 POUND CONTAINER ONLY}

180.000000 CS $____________ $___________________

0049 Soup Base, Bouillon, Chicken Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type II, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

{FSA REQUESTS 25 LB CONTAINERS/BAGS}

1,000.000000 LB $____________ $___________________

0050 Soup Base, Bouillon, Vegetable Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type IV, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

{FSA REQUESTS 25 LB CONTAINERS/BAGS}

500.000000 LB $____________ $___________________

0051 Spices, Cumin, Ground. (CID A-A-20001B, Type I, Class L, Form 1). Packaging must indicate actual delivered weight of product.

Pure – no additives, extenders, foreign matter, or flow agents.

½ oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

{FSA REQUESTS 1 POUND - 2 POUND CONTAINERS ONLY}

120.000000 LB $____________ $___________________

0052 Tuna, Can, Chunk, Light or White (Albacore), Packed in Water, Salt/Sodium Level Regular, No Salt Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D, Type A or B, Form I, Color A or B, Packing Media 1, Salt/Sodium Level A, B, C, or D)

Tuna can be a product of the U.S. or other Foreign Country that

200.000000 CS $____________ $___________________

15B31518Q00000010 Page 8 of 40 meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth.

{FSA REQUESTS 6 CANS PER CASE ONLY}

0053 Bread, Biscuits, 2 oz frozen each 144 Count Case

{FSA REQUESTS 144 COUNT PER CASE}

1,200 CS X 144 CS CT = 172,800 EA

1,200.000000 CS $____________ $___________________

0054 Meats, Burritos, Prepared, Frozen, Lunch/Dinner, Beef and Bean with Red or Green Chilies, Non-Fried Oven Ready, Any Size, Any Fat Range. (CID A-A-20292, Type II, Flavor B & E, Size 9, Any Fat Range). The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends. Size of burrito to be local specification and size noted on bid.

{FSA REQUESTS 72 COUNT PER CASE ONLY}

210.000000 CS $____________ $___________________

0055 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1/2 inch, 47 - 54 units per pound.

Unseasoned, seasoned with spices, or seasoned with spices and salt.

Oven-baked. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2, 3, or 5.

Cooking Method A). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada.

{FSA REQUESTS 30 POUND CASES ONLY}

650 CASES X 30 LB = 19,500 POUNDS

19,500.000000 LB $____________ $___________________

0056 Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.) Specify item, size case count and if items contain yeast on bid. Items will not contain poppy seeds.

{FSA REQUESTS 2 OUNCE INDIVIDUALLY, WRAPPED, PIES

AND CAKES ONLY}

VENDORS, PLEASE SPECIFY THE PRODUCT(S) THAT YOU

WILL BE SUPPLYING, INCLUDING THE UNIT SIZE AND COUNT

150,000.000000 EA $____________ $___________________

0057 French Toast, Frozen, Regular or Low Fat, Any Flavor, Any Shape.

(CID A-A-20234B, Type II, Style A or B, Class 3, Flavor A, B, C, or D, Shape 1 - 8). Each. State case count on bid.

{FSA REQUESTS WHOLE SLICES ONLY. NO STICKS}

**144 COUNT PER CASE, FROZEN**

1200 CS X 144 CS CT = 172,8000 WHOLE SLICES

1,200.000000 CS $____________ $___________________

0058 Pancake, Frozen, Regular or Low Fat, Any Flavor, Any Shape.

(CID A-A-20234B, Type II, Style A or B, Class 2, Any Flavor, Shape 1 - 8). Each. State case count on bid.

{FSA REQUESTS ROUND OR CIRCULAR PANCAKES}

**144 COUNT PER CASE, FROZEN**

1000 CS X 144 CS CT = 144,000 EA

1,000.000000 CS $____________ $___________________

0059 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.

{FSA REQUESTS 1 POUND CONTAINERS ONLY}

1,200.000000 LB $____________ $___________________

0060 Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

Individual or Bulk. Quote must specify if quoting on individual or bulk and case size. Product will not contain any animal by product or or ingredients.

{FSA REQUESTS 1 POUND CONTAINERS ONLY}

900.000000 LB $____________ $___________________

0061 Corn Meal, Degermed (lower far), Enriched, White or Yellow, Course Granulation (CID A-A-20066B, Type lll, Class B, Color 1 or 2 Granulation a).

2,500.000000 LB $____________ $___________________

15B31518Q00000010 Page 9 of 40

0062 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.

FSA REQUESTS BEEF FLAVOR IN 50 LB BAGS ONLY

4,250.000000 EA $____________ $___________________

0063 Spices, Pepper, Black, Ground. (CID A-A-20001B, Type I, Class X, Form 1). Each. Minimum 0.15 grams per package. Pure - no additives, extenders, foreign matter, or flow agents. Note package count on bid.

FSA REQUESTS 3,000 COUNT CONTAINERS ONLY

100.000000 CS $____________ $___________________

0064 Spices, Pepper, Black, Ground. (CID A-A-20001B, Type I, Class X, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note package size on bid.

1,000.000000 LB $____________ $___________________

0065 Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001B, Type I, Class Z, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

FSA REQUESTS 1 POUND - 2 POUND CONTAINERS ONLY

100.000000 LB $____________ $___________________

0066 Soup Base, Bouillon, Beef Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type I, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5.

Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients.

Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

500.000000 LB $____________ $___________________

0067 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 products or ingredients.

FSA REQUESTS 40 CT CS

329 CS X 40 CT CS = 13,160 EA

329.000000 CS $____________ $___________________

0068 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.

32,457.000000 EA $____________ $___________________

0069 Sauce, Barbeque, Plain/Regular, Honey, Or Hickory Smoke, Without fruit purees added. (CID A-A-20335B, Flavor I, II, or III, Type B). 4/1 Gallon Plastic Containers per case.

FSA REQUESTS 4/1 GALLON PLASTIC CONTAINERS

48.000000 CS $____________ $___________________

0070 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium. (CID A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case

FSA REQUESTS 4/1 GALLON PLASTIC CONTAINERS

96.000000 CS $____________ $___________________

0071 Sauce, Hot, Green, Chipotle, Habanero, or Other. (CID A-A-20097F, Type I, III, IV, V, or IX). 4/1 gallon plastic containers per case, 6/#10 cans per case or Each. Specify size and/or case on bid.

FSA REQUESTS 4/1 GALLON PLASTIC CONTAINERS

48.000000 CS $____________ $___________________

0072 Coffee, Ground, 20 Pound Case 50.000000 CS $____________ $___________________

15B31518Q00000010 Page 10 of 40

0073 Chili Powder, 1 Pound Container 100.000000 LB $____________ $___________________

0074 Flour, Tortilla, 10" EA 46,080.000000 EA $____________ $___________________

SMALL BUSINESS

Delivery Schedule: Deliveries may be made M-F, 7:30am - 3:00pm., excluding federal holidays. Food Service Warehouse may be contacted at 662-751-4800 ext. 4115 or 4117.

15B31518Q00000010 Page 11 of 40

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment 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 exer-cise its post-acceptance rights--

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

15B31518Q00000010 Page 12 of 40

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify

15B31518Q00000010 Page 13 of 40 the same due date as the original demand for payment.

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

15B31518Q00000010 Page 14 of 40

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

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

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement.