FY 2020 - 3RD QUARTER DRY GOODS - FROZEN SOLICITATION PACKAGE.pdf

Dear Quoters:

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P. 0 . Box 5666 Yazoo City, Mississippi 39194

February 14, 2020

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi, Contracting Office, for the acquisition of Dry Goods & Frozen Items Subsistence for the 3rd Quarter of FY 2020. This package contains a ll the necessary information for submitting a request for quote for evaluation.

In submitting the request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quote.

All potential quoters are advised that this solic itation includes the clause FAR 52.2 12-4 which this clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the System for Award Management (S.A.M.) database. Quoters should include their Data Universal Number System (DUNS) number into the SAM database.

Quotes sha ll be received on or before the deadline of March 06, 2020, 2:00 pm Central Daylight T ime, via the following methods (mail, hand carry, fax or email).

MAILED quotes shall be submitted to the following address:

HAND CARRIED:

FAXED:

EMAIL:

Kecha Goston, Contract Specialist Federal Bureau of Prisons - Federal Correctional Complex P. 0. Box 5666 Yazoo City, MS 39194

Kecha Goston, Contract Specialist Federal Bureau of Prisons - Federal Correctional Complex 2225 Haley Barbour Parkway Yazoo City, MS 39194

Kecha Goston, Contract Specialist 662-716-1024 kstiff@bop.gov

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE

Quotes received after the deadline will not be considered. Please submit any questions you may have in writing and fax them to 662-7 16-1 024 or to my email at kstiff@bop.gov. We will consider all questions received and provide responses, where appropriate. If you have any other questions, please feel free to call at 662-716- 1020 ext. 5811.

Sincerely, /Isl/

Kecha Goston, Contract Special ist

15831520Q00000012 Page 1 of 42

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE , 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

1583 l 520Q00000012 02/ 14/2020

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

INFORMATION CALL: TIME

Kecha Goston kstiff@bop.gov (0) 662-716-1020 (F) 662-716- 1024 03/06/2020 14:00:00

9. ISSUED BY CODE I 15s 315 10. THE ACQUISITION IS • UNRESTRICTED OR 0 SET ASIDE: 1.00 % FOR

Federal Bureau of Prisons 0 SMALL BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCC Yazoo City • HUBZONE SMALL •

SMALL BUSINESS PROGRAM

NAICS: 31 J 999

2225 HALEY BARBOUR PARKWAY BUSINESS EOWOSB

YAZOO CITY, MS 39194 • SERVICE-DISABLED SIZE STANDARD: 500

VETERAN-OWNED • 8(AI SMALL BUSINESS Employees

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

• 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS • SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

0 RFQ • IFB • RFP

15. DELIVER TO CODE I 158 3 15 16. ADMINISTERED BY CODE I t5B3 15 Federal Bureau of Prisons Federal Bureau of Prisons FCC Yazoo City FCC Yazoo City

2225 HALEY BARBOUR PARKWAY 2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194 YAZOO CITY, MS 39194

17a. CONTRACTOR/ CODE ' I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I 158315

OFFEROR CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEtJADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEMNO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Delivery Date: 04/24/2020

DRY GOODS / FROZEN ITEMS SUBSISTENCE

FY 2020 - 3RD QUARTER

APRIL O I, 2020 thru JUNE 30, 2020

TIN

DUNS

See Continuation Sheet(s) ( Ust R~u rmcVor A1tach Addit,o,tal SMtu a1 Ntuua,y)

25. ACCOUNTING AND APPROPRIATION DATA 1 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA LJ ARE ~ ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA n ARE ARE NOT ATTACHED

• 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ COPIES TO • 29. AWARD OF CONTRACT: REF. OFFER

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. 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 PR/ND

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIND 31c. DATE SIGNED

Kecha Goston 02/ 14/2020

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B31520Q00000012 Page 2 of 42

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______ ____ _

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

O coMPLETE • PARTIAL • FINAL

!PARTIAL I ! FINAL

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)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMM/DD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B31520Q00000012 Page 3 of 42

Table of Contents

Description Page Number

Solicitation/Contract Form ..................................... .. .. .............. ................ ................ ..... .. .......... ... .. ........ .... ... .. I Commodity or Services Schedule Contract Clauses

52.211 - 16 Variation In Quantity (Apr I 984) 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 2014-0 I )(November 2013)

List of Attachments Solicitation Provisions

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

52.27-103-7 1 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.204-16 Commercial and Government Entity Code Maintenance (Jul 2015) ...................................... 3 1

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

15831520Q00000012 Page 4 of 42

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random 35.000000 cs $ $ $ Sliced Whole, Sliced Buttons, or Stems and Pieces. Minimum drain weight 58 oz. U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. 6/#10 cans or pouches per case. State can or pouch on bid.

~FSA REQUESTS 6- #10 CANS PER CASE0

PSC: 8945

0002 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036C, Type 48.000000 cs $ $ $ I). 4/ 1 Gallon plastic containers per case.

**FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE**

PSC: 8945

0003 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light 25,000.000000 LB $ $ $

{FSA REQUESTS 50 POUND BAGS}

PSC: 8945

0004 Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon containers 48.000000 cs $ $ $ per case.

°FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE0

PSC: 8945

0005 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, 8,000.000000 LB $ $ $ 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 20 POUND CASES ONLY}

400 CASES X 20 LBS = 8,000 LBS

PSC: 8915

0006 Sauce, Worcestershire. (CID A-A-20099C). 4/ 1 gallon plastic 48.000000 cs $ $ $ containers per case .

.. FSA REQUESTS HEINZ, FRENCH'S OR LEA AND PERRIN

BRAND ONL r•

° FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE**

PSC: 8945

0007 Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, 700.000000 LB $ $ $ 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 CASES}

70 CASES X 10 LBS= 700 LBS

PSC: 8945

0008 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, 2,800.000000 LB $ $ $ 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 20 POUND CASES}

140 CASES X 20 LBS= 2,800 LBS

PSC: 8945

15B31520Q00000012 Page 5 of 42

0009 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium. (CID A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case

60.000000 cs $ $ $

"FSA REQUESTS KIKKOMAN BRAND ONL r•

••FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE••

PSC: 8945

0010 Spices, Bay Leaves, Whole (CID A-A-20001 B, Type I, Class D, 12.000000 LB $ $ $ Form 2). 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 CONTAINERS••

PSC: 8945

0011 Dressing, Salad, Regular, Reduced Fat, Fat Free, or Light. (CID 140.000000 cs $ $ $ A-A-20140D, Type 11, Style A, B, C, or D). Salad Dressing shall comply with 21 CFR 159.150. 9 Gram Individual Packet. Each.

Note case count on bid.

''FSA REQUESTS ITALIAN, LOW CALORIE, 9 GRAM

PACKETS"

•'FSA REQUESTS 200 COUNT PER CASE••

(140 cases X 200 count per case= 28,000 each/packets)

PSC: 8945

0012 Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, 1,000.000000 LB $ $ $ Whole Wheat, or Regular. (CID A-A-20062E, Type VIII, Class 1 of 2, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and

21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

••FSA REEQUESTS 20 POUND CASES/BAGS••

PSC: 8945

0013 Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), 60.000000 cs $ $ $ Packed in Water, SalUSodium Level Regular, No Said Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D, Type A or B, Form I, Color A or B, Packing Media 1, SalUSodium Level A, B, C, or D).

Sodium content will not exceed 1.5% salt. Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth. Quote must specify size and packing of case and if quoting on cans or pouches.

••FSA REQUESTS 6 CANS PER CASE"

60 CASES X 6 PER CASE = 360 CANS

PSC: 8945

0014 Spices, Basil Leaves, Sweet, Packaging must indicate actual 30.000000 LB $ $ $ delivered weight of product. Pure Spice - no additives, extenders.

All delivered product must be labeled with ingredients. 1/2 oz. to 50 lb. sealed containers.

{FSA REQUESTS 1 LB CONTAINERS/BAGS}

BASIL, LEAVES

PSC: 8945

0015 Spices, Paprika, Ground. (CID A-A-20001B, Type I, Class V, Form 183.000000 LB $ $ $ 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 CONTAINERS••

PSC: 8945

001 6 Cheese, Parmesan or Parmesan and Romano Mixed, Grated, 35.000000 cs $ $ $ Italian Style, 12-1 lb containers per case

••FSA REQUESTS 12 - 1 LB CONTAINERS PER CASE••

15B31520Q00000012 Page 6 of 42

0017 Dressinf, Salad, Regular, (CID A-A-20140D, Type 11 , Style A, B, 16.000000 cs $ $ $ C, or D . Salad Dressing shall comply with 21 CFR 169.150. 4/ 1 gallon plastic containers per case. Note Style on bid.

**4/1 GALLON PLASTIC CONTAINERS PER CASE0

°FSA REQUESTS REGULAR CREAMY ITALIAN DRESSING

ONLY0

PSC: 8945

0018 Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type 112.000000 I, Class Kor Type IV, Class A; Style 1 ). 6/#10 cans per case cs $ $ $

{FSA REQUESTS 6/#10 CANS PER CASE}

PSC: 8945

0019 Dressing, Salad, Regular, Reduced Fat, Fat Free, or Light.(CID 96.000000 cs $ $ $ 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.

4/ 1 GALLON PLASTIC CONTAINERS PER CASE

.. FSA REQUESTS LOW CALORIE ITALIAN DRESSING ONLY ..

(LOW CALORIE ITALIAN DERSSING)

PSC: 8945

0020 Spices, Garlic, Powder. From dehydrated garlic bulb ground to 500.000000 LB $ $ $ 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 LB CONTAINERS ..

PSC: 8945

0021 Spices, Ginger, Ground. (CID A-A-20001 B, Type I, Class P, Form 18.000000 LB $ $ $ 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 LB CONTAINERS ..

PSC: 8945

0022 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, 72,000.000000 EA $ $ $ Thaw and Serve or Bake and Serve (Muffins, Bagels, Donuts, Cinnamon Rolls, Honey Buns, etc.) Specify item, size and case count on bid. Also, Specify if items contain yeast on the bid . Items should not and will not contain poppy seeds.

{FSA REQUESTS A MINIMUM OF 4 OUNCE INDIVIDUALLY,

WRAPPED, DONUTS, CINNAMON ROLLS, HONEY BUNS,

BAGELS, MUFFINS, AND DANISHES}

.. FSA REQUESTS MINIMUM 4 OZ PASTRIES, BREAKFAST

CAKES ..

.. VENDORS, PLEASE SPECIFY THE PRODUCT($ ) THAT

YOU WILL BE SUPPL YING, INCLUDING THE UNIT SIZE AND

COUNT, AND ETC.

PSC: 8945

0023 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined 385.000000 cs $ $ $ 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 or pouches per case. State can or pouch on bid .

.. FSA REQUESTS 6-#10 CANS PER CASE ..

PSC: 8945

0024 Spices, Oregano, Ground or Crushed. (CID A-A-20001 B, Type I, 10.000000 LB $ $ $ Class U, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, o flow agents. 1/2 oz to 50 lb sealed plastic containers or

15831520Q00000012 Page 7 of 42 boxes. Note package size on bid .

.. FSA REQUESTS GROUND; 1 POUND CONTAINERS ..

PSC: 8945

0025 Spices, Parsley, Flakes. (CID A-A-20001 B, Type I, Class W, Form 9.000000 LB $ $ $ 6). 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 the package size on bid.

{FSA REQUESTS 1 POUND CONTAINERS/BAGS}

PSC: 8945

0026 Hominy Grits, Enriched, White or Yellow, Regular (CID A- 5,000.000000 LB $ $ $ A-20035D, Type I or II, Style A).

••FSA REQUESTS 50 LB BAGS0

PSC: 8945

0027 Beans, Dry, Lentils, Whole, U.S. Grade 1 - 3 1,250.000000 LB $ $ $

{FSA REQUESTS 25 LB BAG}

PSC: 8945

0028 Spices, Chili Powder, Ground. Packaging must indicate actual 240.000000 LB $ $ $ delivered weight of product. Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients.

1/2 oz to 50 lb sealed plastic containers or boxes .

.. FSA REQUESTS 1 LB CONTAINERS ..

PSC: 8945

0029 Tortillas, Wheat, White with spices or herbs, or Other, 7" -10" 37 ,800.000000 EA $ $ $ 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 10" FLOUR TORTILLA ..

PSC: 8945

0030 Spices, Pepper, Black, Ground. (CID A-A-20001 B, 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

335.000000 LB $ $ $

package size on bid .

.. FSA REQUESTS 1 LB CONTAINERS ..

PSC: 8945

0031 Tomato, Crushed, as defined in the standard of identity for crushed 112.000000 cs $ $ $ 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}

PSC: 8945

0032 Tomato Catsup, as defined in the standard of identity for catsup, 56.000000 cs $ $ $ 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}

PSC: 8945

0033 Sauce, Barbeque, Plain/Regular, Honey, Or Hickory Smoke, 48.000000 cs $ $ $ Without fruit purees added. (CID A-A-20335B, Flavor I, 11, or 111, Type B). 4/ 1 Gallon Plastic Containers per case .

.. FSA REQUESTS KRAFT OR HEINZ BRAND ONL yu

.. FSA REQUESTS 4-1 GALLON CONTAINERS PER CASE 0

15B31520Q00000012 Page 8 of 42

0034 Beans, Pintos, Canned, In Brine, Meatless. (CID A-A-20134C, Type I or IV, Class B, Style 1). 6/#10 cans per case

112.000000 cs $ $ $

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

PSC: 8945

0035 Tomatoes, Canned, Diced, as defined in the standard of identity for 336.000000 cs $ $ $ 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}

PSC: 8915

0036 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, 112.000000 cs $ $ $ 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}

PSC: 8915

0037 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or 1,008.000000 cs $ $ $ 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}

PSC: 8915

0038 Vegetable, Peas, Sweet, Canned. U.S. Grade A- C. As defined in 672.000000 cs $ $ $ Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid .

••FSA REQUESTS 6-#10 CANS PER CASE ..

PSC: 8945

0039 Vegetable, Carrots, Canned , Sliced, Diced, Julienne, French Style, 840.000000 cs $ $ $ 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}

PSC: 8915

0040 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, 1, 176.000000 cs $ $ $ 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}

PSC: 8915

0041 Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID 49.000000 cs $ $ $ AA-20134C, Type I or IV, Class E or J, Style 1). 6/#10 cans per case

{FSA REQUESTS 6/#10 CANS PER CASE}

PSC: 8915

0042 Firm Fixed Price 168.000000 cs $ $ $

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}

PSC: 8915

0043 Firm Fixed Price

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}

1000 CASES X 30 POUNDS PER CASE= 30,000 LBS

PSC: 8915

0044 Firm Fixed Price

Pimintos, Canned, as such product is defined in the Standards of ldenlity for Canned Pimintos (21 CFR 155.200). Pieces, Slices, Diced or Chopped. US Grade A (US Fancy) or Grade C (US Standard). State can and case size on bid.

{FSA REQUESTS 6/#10 CANS ONLY}

PSC: 8945

0045 Firm Fixed Price

Beverage Mix, Each, 7215oz per Case {Fruit flavored drink powder, Individual Serving Packet} 140 cases x 72 each= 10,080 packets

PSC: 8950

0046 Firm Fixed Price

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

BULK

PSC: 8950

0047 Firm Fixed Price

Spices, Cumin, Ground. (CID A-A-20001 B, Type I, Class L, 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 LB SEALED PLASTIC BAGS/CONTAINERS}

PSC: 8950

0048 Lime Juice, Quarts

{FSA REQUESTS QUART SIZE}

PSC: 8945

0049 Firm Fixed Price

Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Said Added, Low Sodium, or Other. (CID A-A-20120E, Type 11, 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 or pouches per case. State can or pouch on bid.

{FSA REQUESTS 6/#10 CANS PER CASE}

15B31520Q0000001 2 Page 9 of 42

30,000.000000 LB $ $ $

32.000000 cs $ $ $

140.000000 cs $ $ $

3,000.000000 LB $ $ $

240.000000 LB $ $ $

253.000000 EA $ $ $

504.000000 cs $ _ _ _ _ $ _ _ _ _ $. ___ _ _

15B31520Q00000012 Page 10 of 42

PSC: 8950

0050 Spices, Oregano, Leaf. Packaging: Sealed containers, Packaging 26.000000 LB $ $ $ must indicate actual delivered weight of product. Pure Spice - no additives or extenders.

{FSA REQUESTS 1 POUND CONTAINERS}

OREGANO LEAF

PSC: 8945

0051 Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001B, Type 12.000000 LB $ $ $ I, Class z. Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, o flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid .

{FSA REQUESTS GROUND; 1 POUND CONTAINERS}

PSC: 8945

0052 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, 21 ,000.000000 LB $ $ $ 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 11, 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}

700 CASES X 30 LB = 21 ,000 POUNDS

PSC: 8945

0053 French Toast, Frozen, Regular or Low Fat, Any Flavor, Any Shape. 840.000000 cs $ $ $ (CID A-A-20234B, Type 11, 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*'

(840 cases x 144 count per case = 120,960 slices/each)

PSC: 8945

0054 Pancake, Frozen, Regular or Low Fat, Any Flavor, Any Shape. 700.000000 cs $ $ $ (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)

(700 cases x 144 count per case = 100,800 each)

PSC: 8945

0055 Firm Fixed Price 25,000.000000 EA $ $ $

Peanut Butter, Regular or Reduced Fat. Smooth, Stabilized, Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1, Type a, Fortification 1, Seasoning (a) or (b). 2 oz Individual Packets. Specify total count per case on bid.

{FSA REQUESTS HEART-HEAL THY, INDIVIDUAL 2oz ONLY}

*'HEART-HEALTHY SYMBOL IS PREFERRED ON PACKAGE

PSC: 8950

0056 Firm Fixed Price 610.000000 cs $ $ $

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

**FSA REQUESTS EACH INDIVIDUAL BAG MUST BE MARKED

CERTIFIED KOSHER PARVE"

.. FSA REQUESTS 60 COUNT PER CASE"

PSC: 8950

0057 Firm Fixed Price 3,545.000000 EA $ $ $

Meat Alternative , Individually Frozen, Soy, Vegetable, or Legume Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, 11 , or 111, 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 COUNT PER CASE

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

NEEDED ITEM

··soY BURGERS

PSC: 8945

0058 Firm Fixed Price

Vegetable, Spinach, Cul leaf of 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 or pouches per case. State can or pouch on bid .

••FSA REQUESTS 6/#10 CANS PER CASE••

PSC: 8915

SMALL BUSINESS

15B31520Q00000012 Page 11 of 42

280.000000 cs $ _ _ _ _ $ ___ _ $ ___ _ _

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.

15B31520Q00000012 Page 12 of 42

Section 3 - Contract Clauses

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

(a) Inspection/Acceptance. T he 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--

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

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

(b) Assignment. The Contractor or its assignee may ass ign 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. 3 727). However, when a third party makes payment (e.g., use of the Govemmentwide 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 7 1, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 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 l iable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fi res, 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, un it 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 b ill 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

15B31520Q00000012 Page 13 of 42

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

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

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

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

(C) EFT banking information is nul 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 (0MB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.--

( I) 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 (EF7). If the Government makes payment by EFT, see 52.2 l 2-5(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 sub line 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 4 1 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.

15B31520Q00000012 Page 14 of 42

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.2 11 if--

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the orig inal 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 tern1ination.

(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 lo 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 Acquisition Regulation in effect on the date of this contract.

U) 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:

(I) Delivery of the supplies lo 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.

(I) Termination/or the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event o f 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) Te1-mination 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 fa ils to comply with any contract terms and conditions, or fai ls 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 supp lies 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, tit le to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

15B31520Q0000001 2 Page 15 of 42

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U .S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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 contnict shall be resolved by giving precedence in the following order:

( I) 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 52.2 12-5.

(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/or Award Management (SAM). (I) 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 divis ion 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; (8 ) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fa ils to comply with the requirements of paragraph (t)(2)(i) of this clause, or fa ils 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 information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information 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.

15B31520Q00000012 Page 16 of 42

(4) Offerors and Contractors may obtain infonnation on registration and annual confinnation requirements via SAM accessed through https:llwww.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), Tenns of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U .S.C. 1341 ), the following shall govern:

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

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

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

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

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

(End of clause)

A.I ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.211 - 16 Variation In Quantity (Apr 1984)

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

(b) The pennissible variation shall be limited to:

Percent increase

Percent decrease

This increase or decrease shall apply to _ _ _ _ *

(End of clause)

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

( I) The total contract quantity;

(2) Item I 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.

15B31520Q00000012 Page 17 of 42

(End of clause)

52.204-99 System for Award Management Registration (September 2012) (DEVIATION)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means- ( 1) A code assigned by the Defense Logistics Agency {DLA} Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGF. master file.

This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart

32.1 1) for the same concern.

"Registered in the SAM database" means that- (!) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor wi ll be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- { l} Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountabi lity Office.

(b) ( 1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

( c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(I) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office.