15B31521Q00000008.pdf

Dear Quoters:

U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P. 0. Box 5666 Yazoo City, Mississippi 39194

February 21, 2021

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi, Contracting Office, for the acquisition of Kosher Subsistence for the 3rd Quarter of FY 2021. This package contains all 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 solicitation includes the clause FAR 52.212-4 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 shall be received on or before the deadline of March 05, 2021, 2:00 pm Central Daylight Time, via email.

EMAILED quotes shall be submitted to the following email address:

kperryman@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 to my email at kpenyman@bop.gov. We will consider all questions rece ived and provide responses, where appropriate. If you have any other questions, please feel free to call at 662-716-1020 ext. 5813.

Sincerely, /Isl/ Kirby Perryman, Contract Specialist

15831521Q00000008 Page 1 of 34

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

15831521 Q00000008 02/1 2/2021

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

INFORMATION CALL: TIME

Kirby Perryman kperryman@bop.gov (0) 662-716-1020 (F) 662-7 I 6-1024 03/05/202 1 I 4:00 CT

9. ISSUED BY CODE I 158315 10. THE ACQUISITION IS • UNRESTRICTED OR ~ SET ASIDE: 100.00 %FOR

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

FCC Yazoo City

ELIGIBLE UNDER THE WOMEN-OWNED

• HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

2225 HALEY BARBOUR PARKWAY BUSINESS • EOWOSB

YAZOO CITY, MS 39 I 94 • SERVICE-O!SABLED SIZE STANDARD: 500

VETERAN-OWNED • 8{A) SMALL BUSINESS Employees

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

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET30 • RATED ORDER UNDER DPAS • SEE (15 CFR 700) h4. METHOD OF SOLICITATION

SCHEDULE ~ RFQ • IFS • RFP

15. DELIVER TO CODE 15B315 16. ADMINISTERED BY CODE 158 315

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 I

OFFEROR

FACILITY l 18a. PAYMENT WILL BE MADE BY

CODE

CODE I 158 315

Federal Bureau of Prisons

FCC Yazoo C i ty

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

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

OFFER

18b. SUBMIT INVOICEt:J ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

!CHECKED SEE ADDENDUM

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

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

Delivery Date: 04/05/2021

KOSHER SUBSISTENCE

FY 202 1 - 3rd QUARTER APRILi , 2021 thru JUNE 30, 2021

TIN#

DUNS#

See Continuation Sheet(s) { LJ5~ R~rM and/or Artodi Addi11onol Shttll as Neussory)

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 H ARE ~ 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 • 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 PRINT}

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Kirby Perryman 02/ 12/2021

STANDARD FORM 1449 (REV. 2/2012)

Prescnbed by GSA · FAR (48 CFR) 53.212

15B31521Q00000008 Page 2 of 34

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

I PARTIAL I ! FINAL

38. SIR 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/OO) 142d. TOT AL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

15B31521Q00000008 Page 3 of 34

Table of Contents

Description Pai:e Number

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

52.21 1-16 Variation in Quantity (Apr 1984) 52.204-99 System for Award Management Registration (September 20 I 2) (DEVI A TION)

52.2 12-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012)

52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2020)

52.2 12-1 Instructions to Offerors-Commercial Items (Jun 2020)

List of Attachments Solic itation Provisions

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

52.27-1 03-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.204- 16 Commercial and Government Entity Code Reporting (Aug 2020)

Section 2 - Commodity or Services Schedule

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Kosher Cereal, Assorted 2oz Individual Bowl Pack, Total order may 177,000 EA $ be rounded to the next complete case. Certified Kosher, each individual package must be marked with the kosher certification hechsher .

.. FSA REQUESTS 2 OZ INDIVIDIUAL PACK ONLY

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Kosher Mustard, Prepared, Yellow (Salad Style), 4.5 Gram Individual Packet, Certified Kosher Parve, EACH, CID A-A20036C, 19,000 EA $

Type I. *Each individual package must be marked with the kosher certification hechsher. Specify case count on bid.

**FSA REQUESTS 200 COUNT PER CASE ONL r• 200/case X 95 case= 19,000 Ind. packets

Firm Fixed Price

PSC: 8950

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:Chicken Chow Mein entree made from:- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white

132 EA $

meat

Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)- 6 ounce-weight Gravy thickened w/corn starch- 1 ounce-weight Celery, Bell Pepper and Onion- 2 ounce-weight Green Beans-

3.5 ounce-weight White Rice- 3.5 ounce-weight Sweet Peas and Carrots

**FSA REQUESTS 12 CT CS

11 cases X 12ct case = 132

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Kosher Parve - 14 ounce Fish Fillet Meal consisting of:- 4 ounce- 120 EA $ weight Fish Fillet cut from solid muscle fillet block flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)

- 2 ounce-weight Tomato Sauce- 4 ounce-weight White Rice- 4 ounce-weight Mature Lima Beans

**FSA REQUESTS 12 CT CS ONLY

10 cases X 12ct case= 120

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Kosher Dressing, Low Cal, Individual Packet. EACH. 9 Gram-28.35 Gram Packet. Certified Kosher Parve, CID A-A-20162B, Type IV, 195,000 EA $

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

Specify case count on bid.

**FSA REQUESTS 200 CT CS ITALIAN ONLY

975 cases X 200ct case = 195,000

15B31521Q00000008 Page 4 of 34

AMOUNT

AMOUNT

AMOUNT

AMOUNT

AMOUNT

15B31521Q00000008 Page 5 of 34

Firm Fixed Price

PSC: 8950

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Kosher Meat • 20 Ounce Chicken Cacciatore Meal consisting of: 300 EA $ $ Chicken Cacciatore made from:

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

• 4 ounce-weight Tomato Sauce

• 4 ounce-weight Diced Tomatoes

• 1/2 ounce-weight Mushrooms

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

• 3 ounce-weight Pasta Macaroni

- 4 ounce-weight Sliced or Diced Carrots

.. FSA REQUESTS 12 CT CS ONLY

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Kosher Dairy • 7 Ounce Cheese Omelet Meal consisting of: 168 EA $ $

• 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

• 3 ounce Potatoes

**FSA REQUESTS 12 CT CS ONLY

14 cases X 12ct case= 168

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Kosher Dairy - 7 Ounce Spanish Omelet Meal consisting of: 792 EA $ $

• 3 ounce-weight Plain Egg Omelet

• 1 ounce Spanish Sauce

- 3 ounce Potatoes

**FSA REQUESTS 12 CT CS ONLY

66 cases X 12ct case = 792

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Kosher Meat• 16 Ounce Turkey Cutlet Meal consisting of: 444 EA $ $

- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded

(Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

• 4 ounce-weight Mixed Vegetables.

**FSA REQUESTS 12 CT CS ONLY

37 cases X 12ct case = 444

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Kosher Margarine, ½ Ounce Sealed Individual Package. EACH, 18,000 EA $ $ Refrigerated or Shelf Stable, Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher.

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

**FSA REQUESTS 200 CT CS ONLY

90 cases X 200ct case = 18,000

15B31521Q00000008 Page 6 of 34

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Kosher Fruit Flavored Drink Powder, Individual Serving Packet, 500,000 EA $ $ Each Packets Makes 1 - 8 Ounce Serving When Reconstituted.

EACH. Total amount may be adjusted to the next highest case count. Certified Kosher Parve.

**FSA REQUESTS 1000 CT CS ONLY/ NO FOIL OR METALLIC

WRAPPER

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Kosher Meat - 18 Ounce Beans and Franks Meal consisting of:

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

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

372 EA $ $

- 6 ounce-weight Diced Potatoes

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

**FSA REQUESTS 12 CT CS ONLY

31cases X 12ct case = 372

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Kosher Meat - 16 ounce Chicken Wing Meal consisting of: 200 EA $ $ -5 ounce weight - Bone-in Chicken Wings

- 2 ounce weight - BBQ Sauce

- 5 ounce weight - Mashed Potato

- 4 ounce weight - Mixed Vegetables

**FSA REQUESTS 12 CT CS ONLY

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Kosher Meatball - 15 Ounce Hawaiian Meatballs Meal consisting 264 EA $ $ of:

-4 ounce-weights Cooked Beef Meatball -2 ounce-weight Sweet Hawaiin Sauce

-5 ounce-weight Cooked White Rice -4 ounce-weight Green Beans

***FSA REQUESTS 12 CT CS

22 cases X 12ct case = 264

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Kosher Parve - 16 Ounce Pasta with Vegetable Protein Meat 432 EA $ $ Sauce Meal consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight - Mushrooms,

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

- 5 ounce-weight Cooked Elbow Pasta

- 4 ounce-weight Green Beans

***FSA REQUESTS 12 CT CS

36cases X 12ct case = 432

PSC: 8945

15B31521Q00000008 Page 7 of 34

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Kosher Dairy - 16 Ounce Vegetable Protein Lasagna Meal 432 EA $ $ consisting of:

Vegetable Protein Meat Sauce made from:

- 0.5 ounce weight - Mushrooms

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

- 5 ounce-weight Cooked Ricotta Cheese Roll-up

- 4 ounce-weight Green Beans

***FSA REQUESTS 12 CT CS

36cases X 12ct case = 432

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Kosher Mustard, Prepared, Yellow (Salad Style), Individual Packet. 55,000 EA $ $ Each. 4.5 Gram - 9 Gram Packet, Certified Kosher Parve, CID A-

A20036C, Type I.

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

**FSA REQUESTS 200 COUNT PER CASE ONLY**

(275 cases X 200 count per case = 55,000 each)

Firm Fixed Price

PSC: 8950

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Kosher Farina, Instant, Plain, Individual Packet. 1 ounce package. 1,400 EA $ $ Each. Total amount may be adjusted to the next highest case count.

**'FSA REQUESTS 200 CT CS

7 cases X 200ct case = 1400

Firm Fixed Price

PSC: 8920

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Kosher Meat - Kosher Bologna Luncheon Meat (chicken or turkey) 1,150 EA $ $ 4 ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.

Must be shelf stable.

**FSA REQUESTS Ind Pkg. 50 Per Case** 50per case X 23 cases = 1150

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Kosher Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside

325,000 EA $ $

A, Granular, Packaged in Envelopes/Packets Each. Total amount may be adjusted to the next highest case count. Certified Kosher

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

Firm Fixed Price

PSC: 8945

Small Business

Deliveries shall be made Monday - Friday, excluding Federal holidays, from 7:30 am to 3:00 pm. Food Services can be contacted at

(662) 751-4800 ext. 4115 or 4117

15831521Q00000008 Page 8 of 34

15B31521Q00000008 Page 9 of 34

Section 3 - Contract Clauses

52.2 I 2-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

( I) 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 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.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence 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.

(I) 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, 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;

15831521Q00000008 Page 10 of 34

(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 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.

(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 Transfer--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 (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.--

( l) 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 13 15.

(3) Electronic Funds Transfer (EFT). 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 sha ll 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) ofoverpayment);

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

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

(D) Contractor point of contact.

(i i) 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 unti l the amount is paid.

15B31521 Q00000008 Page 11 of 34

(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;

(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 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;

(8) 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 Acquisition 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:

(I) 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.

(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 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 tem1ination. 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 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 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 acceptance, regardless of when or where the Government takes physical possession.

15B31521Q00000008 Page 12 of 34

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular 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 regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 3 1 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 contract 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) [Reserved]

(u) Unauthorized Obligations

(I) 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 appearing in the EULA, TOS, or simi lar 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)( 1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

15B31521Q00000008 Page 13 of 34

(End of clause)

A.l ADDENDUM TO FAR 52.212-4, Commercial and Government Entity Code Reporting (Aug 2020)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.2 12-4.

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 permissible variation shall be limited to:

2 Percent increase 2 Percent decrease This increase or decrease shall apply to the total contract quantity.* (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.

(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- (!) 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 CAGE master fi le.

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 32.11) for the same concern.

"Registered in the SAM database" means that- ( I) The Contractor has entered all mandatory infonnation, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountabi lity and Transparency Act of2006 (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- ( I) 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

15B31521Q00000008 Page 14 of 34

(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 Accountability Office.

(b) (I) 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 orDUNS+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://fodgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-571 1 if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible 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 SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (I) (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 Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fai ls to comply with the requirements of paragraph (g) (I) (i) of this clause, or fai ls to perform the agreement at paragraph (g) (I) (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.

(2) 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 FAR 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.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https:/ lwww.acguisition.gov or by call ing 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIA TION) (AUG 2012)

15B31521Q00000008 Page 15 of 34

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

( c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

15B31521Q00000008 Page 16 of 34

Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B31521Q00000008 Page 17 of 34

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020)

(a) North American Industry Classification System (NA /CS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solic itation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(I) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.2 l 2-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

( I 0) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fa il to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period/or acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Otferors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(t) late submissions, modifications, revisions, and withdrawals of offers.

( I) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

15831521Q00000008 Page 18 of34

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(i i) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

( 4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimi le offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimi le offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(l)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 4 70 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 6 I 9-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(l )(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/onlinelstart/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

15B31521Q00000008 Page 19 of 34

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https:l/assist.dla.millwizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (2 15) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA I 9 111-5094, Telephone (215)

697-2667/2179, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(i) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and…