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15B31521Q00000009 Page 1 of 48
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
I 5B31521 Q00000009 02/ 12/2021
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
INFORMATION CALL: TIME
Barbara McMaster bmcmaster@bop.gov (0) 662-716- I 020 (F) 662-716-1024 09/ 04/ 2020 14:00 CT
9. ISSUED BY CODE I 15B315 10. THE ACQUISITION IS • UNRESTRICTED OR ~ SET ASIDE:100.00 % FOR
Federal Bureau of Prisons 0 SMALi. BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
FCC Yazoo City • HUBZONE SMALL SMAU BUSINESS PROGRAM NAICS:
2225 HALEY BARBOUR PARKWAY BUSINESS • EDWOSB
YAZOO CITY, MS 39194 • SERVICE.QI SABLED SIZE STANDARD: 500
VETERAN-OWNED • SMALL BUSINESS S{A) E mployees
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 (15CFR 700) h4. METHOD OF SOLICITATION
SCHEDULE 0 RFQ • IFB • RFP
15. DELIVER TO CODE 15B315
16. ADMINISTERED BY CODE I 15B315
Federal Bureau of Prisons Federal Bureau of Prisons
FCC Yazoo City FCC Yazoo City
2225 HALEY BARBOUR PARKWAY 2225 HALEY BA RBOUR PARKWAY
YAZOO CITY, MS 39194 YAZOO CITY, MS 39194
17a. CONTRACTOR/ coDEl I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I 15B315
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
~8b. SUBMIT INVOICE~ ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS llCHECKED SEE ADDENDUM f 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Delivery Date: 0 4 / 05/2021
DRY GOODS / FROZEN ITEMS SUBSISTENCE
FY 2021 - 3RD QUARTER
APRIL 1, 2021 thur JUNE 20, 2021
TfN
DUNS
See Continuation Sheet (s)
( Uu RrHrs~ und/or Alloch Addilivnol Shu1s '" N«Yssary)
25. ACCOUNTING AND APPROPRIATION DATA 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 • ARE ~ ARE NOT ATTACHED n 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 PRINn
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINn 31c. DATE SIGNED
Kirby Perryman 02/ 12/ 2021
STANDARD FORM 1449 (REV. 212012)
Prescribed by GSA - FAR (48 CFR) 53.212
J
15B31521Q00000009 Page 2 of 48
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 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 (YYIMM/00) 142d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
I
15831521Q00000009 Page 3 of 48
Table of Contents
Description Pai:e Number
Solicitation/Contract Form ................................................. .................. .. ..... ... .... .... ...... ... ... ............ ... .. .. ......... .. I Commodity or Services Schedule Contract Clauses
52.211-16 Variation in Quantity (Apr 1984) .............. .. ... ........................ .. ............................................. . 2 1 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.204-99 System for Award Management Registration (September 2012) (DEVIA TION)
52.2 12-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Aug 2020) 52.232-25 Prompt Payment (Jan 201 7) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-0l)(November 201 3)
List of Attachments Solicitation Provisions
52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2020)
52.21 2-1 Instructions to Offerors-Commercial Items (Jun 2020)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)
15B31521 Q00000009 Page 4 of 48
Section 2 - Commodity or Services Schedule
ITEM NO.
ITEM NO.
ITEM NO.
ITEM NO.
ITEM NO.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), 500 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. Quote must specify size and packing of case and if quoting on cans.
**FSA REQUESTS CANS ONLY
**FSA REQUESTS 6 CANS PER CS ONLY
Firm Fixed Price
PSC: 8905
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Tofu, Regular or Organic, Firm, Medium Firm, Shelf Stable. 2,000 LB $ Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride.
Note package size on bid. Product will not contain any animal by product or ingredients.
**FSA REQUESTS FIRM OR MEDIUM ONLY
Firm Fixed Price
PSC: 8945
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Dressing, Salad, Creamy Italian, 4 -1Gallons Plastic Containers per 8 cs $ case, CID A-A-20030A, Type IV. Each. Note case count on bid.
No Winston or IPS Brands
Firm Fixed Price
PSC: 8950
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3 400 LB $
**FSA REQUESTS 50 LB BAG
Firm Fixed Price
PSC: 8915
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type 230 cs $ I, Class Kor Type IV, Class A; Style 1). 6/#10 cans per case
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Beans, Pintos, Canned, In Brine, Meatless. (CID A-A-20134C, Type I or IV, Class B, Style 1 ). 6/#10 cans per case
400 cs $
**FSA REQUESTS 6/#10 CANS ONLY
**PAR ITEM
AMOUNT
AMOUNT
AMOUNT
AMOUNT
AMOUNT
AMOUNT
15B31521Q00000009 Page 5 of 48
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3 150 LB $ $
*•FSA REQUESTS 50 LB BAG
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Vegetable, Beets, Canned, Whole Slices, Quarters, Diced, 110 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 Identify
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 or pouches per case. State can on bid.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Spices, Pepper, Black, Bulk, Ground. (CID A-A-200018, Type I, 285 LB $ $ Class X, Form 1 ). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.
Note package size on bid.
**FSA REQUESTS 1 LB CO
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, 1,176 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 or pouches per case. State can or pouch on bid.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, 1,008 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
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Spices, Garlic, Powder. From dehydrated garlic bulb ground to 100 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.
15B31521 Q00000009 Page 6 of 48
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 CONTAINER
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or 1,008 cs $ $ French Style, Round Tye, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120.
Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Spices, Oregano, Ground or Crushed. (CID A-A-20001B, Type I, 40 LB $ $ Class U, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.
1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid .
.. FSA REQUESTS 1 LB CONTAINERS
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large 430 LB $ $ Bow Shaped Noodles. (CID A-A-20063C, Type I or Type 11, Style B). 1 lb to 40 lb sealed bags .
.. FSA REQUESTS 10 LB CS
.. PAR ITEM
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, 600 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 139.115and 21 CFR 139.135.
1 lb to 40 lb sealed bags .
.. FSA REQUESTS 20 LB CS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001B, Type 60 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 1 LB CO
15B31521 Q00000009 Page 7 of 48
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light 500 LB $ $
.. FSA REQUESTS 50 LB BAG
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Vegetable, Spinach, Cut leaf of Sliced, U.S. Grade A, U.S. Fancy, 450 cs $ $ 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 CS
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Spices, Thyme, Ground. (CID A-A-20001 B, Type I, Class GG, 24 LB $ $ 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 CONTAINERS
**PAR ITEM
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Tomatoes, Canned, Diced, as defined in the standard of identity 900 cs $ $ for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can. 6/#10 cans per case.
State can on bid.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Tortillas, Wheat, White with spices or herbs, or Other. 7" - 10" in 540 cs $ $ diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.
(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8 , or 9, Shape a, Enrichment type I, Product state a , c, or d, Cook state I). Each. State case count on bid.
**FSA REQUESTS 360 CT CS
**7 INCH DIAMETER ONLY
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, 540 LB $ $ Frozen, Institutional type, Round, ~ross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1/2 inch, 47 - 54 units per pound.
Unseasoned, seasoned with spices, 15B31521Q00000009 Page 8 of 48 or seasoned with spices and sa lt. (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 LB CS
.. MUST STATE OVENABLE OR BAKING INSTRUCTIONS ON
THE PACKAGE
.. MUST INCLUDE INSTRUCTIONS FOR OVEN BAKING
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 Beans, Kidney or Red, Canned, In Brine, Meatless, Light or Dark 168 cs $ $ Red. (CID A-A-20134C, Type I or IV, Class C, D, E, or I, Style 1).
6/#10 cans per case
.. FSA REQUESTS 6/#10 CANS PER CS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 Spices, Basil, Sweet, Ground or Crushed (CID A-A-20001 B, Type 36 LB $ $ I, Class C, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.
1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid .
.. FSA REQUESTS 1 LB CONTAINERS
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 Pasta, Macaroni, Macaroni, Elbow Form, Whole Wheat Blend, 100 LB $ $ Whole Wheat or Regular, (CID A-A 20062E, Type V, 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 LB BAGS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Spice, Allspice, Ground (CID A-A-2001 B, Type I, Class A, Form1 ). 4 LB $ $ 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 REQUcSTS 1 LB CONTAINERS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 Spices, Bay Leaves, Whole (CID A-A-20001 B, Type I, Class D, 16 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 LB CONTAINERS
PSC: 8945
15B31521 Q00000009 Page 9 of 48
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 Spices, Cumin, Ground. (CID A-A-20001B, Type I, Class L, Form 276 LB $ $ 1 ). Packaging must indicate actual delivered weight of product.
Pure - no additives, extenders, foreign matter, or flow agents.
All delivered product must be labeled with ingredients, 1/2 oz. to 50 lb sealed containers. Note package size on bid .
... FSA REQUESTS 1 LB CONTAINERS ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 Garlic Salt, Packaging 1/2 oz. to 50 lb sealed containers, 50 LB $ $ Packaging must be labeled with ingredients and actual delivered weight of product, pure, from dehydrated garlic bulb ground to a fine powder, 100% air dried garlic after milling process, appearance-cream brown fine powder with fine the characteristic odor and flavor of garlic. No off notes, texture-a dry medium fine granular powder, slightly fibrous, moisture-no more than 12% grade-free from foreign matter. Pure spice-no additives or extenders All delivered product must be labeled with ingredients, 1/2 oz. to 50 lb sealed containers. Note package size on bid .
... FSA REQUESTS 1 LB CONTAINERS ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 Spices, Ginger, Ground. (CID A-A-20001B, Type I, Class P, Form 25 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.
size on bid .
Note package
... FSA REQUESTS 1 LB CONTAINERS ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 Lime Juice, Quarts 196 EA $ $
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0033 Vegetable, Mixed (5 way blend mix including carrots, green beans, 560 cs $ $ peas, corn, and lima beans), Canned, With Salt, Without Salt, No Salt 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 percenl 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 ONLY
NO POUCHES
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0034 Spices, Paprika, Ground. (CID A-A-20001B, Type I, Class V, Form 190 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.
15B31521 Q00000009 Page 10 of 48
***FSA REQUESTS 1 LB CONTAINERS
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0035 Cheese, Parmesan, or Parmesan and Romano Mixed, Grated Italian Style, 12-1 lb containers per case.
31 LB $ $
***FSA REQUESTS 12-1 LB CONTAINERS PER CS
Firm Fixed Price
PSC: 8910
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0036 Spices, Parsley, Flakes. (CID A-A-20001B, Type I, Class W, Form 7 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 package size on bid.
***FSA REQUESTS 1 LB CO
Firm Fixed Price
PSC: 8910
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0037 Vegetable, Peas, Sweet, Canned, U.S. Grade A-C. As defined in 392 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 per case.
***FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0038 Soup Base, Bouillon, Beef Flavor, Low or Reduced Sodium, 140 LB $ $ Powdered, No added monosodium glutamate. (CID A-A-20202B, Type I, Class 2 or 3, Style A , Flavor Enhancer A). Maximum moisture percent by weight is 3.5.
Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five
(5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb= 10> gal) (triple yield -1 lb= 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.
***FSA REQUESTS 1 LB CO ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0039 Soup Base, Bouillon, Chicken Flavor, Low or Reduced Sodium, 31 LB $ $ Powdered, No added monosodium glutamate. (CID A-A-20202B, Type 11 , Class 2 or 3, Style A, Flavor Enhancer A).
Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1 ) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with
15B31 521Q00000009 Page 11 of 48 ingredients. Quote must include cost for finished 1 0 gallons of broth. Specify case weight on bid.
***FSA REQUESTS 1 LB CONTAINER ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0040 Soup Base, Bouillon, Vegetable Flavor, Low or Reduced Sodium, 231 LB $ $ Powdered, No added monosodium glutamate. (CID A-A-20202B, Type IV, Class 2 or 3, Style A, Flavor Enhancer A).
Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 1 0> gal) (triple yield -1 lb= 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 1 0 gallons of broth. Specify case weight on bid.
**FSA REQUESTS 1 LB CO ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0041 Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy 50 LB $ $ Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil, carbohydrates) in a manner to achieve a protein content of:
- in the case of soy protein flour (SPF) 50% or more and less than 65%;
- in the case of soy protein concentrate (SPC) 65% or more and less than 90%;
- in the case of soy protein isolate (SPI) 90% or more.
The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging. Product will not contain any animal by products or ingredients.
**FSA REQUESTS 1 TO 5 LBS CONTAINERS ONLY
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0042 Tomato, Paste, as defined in the standard of identity for tomato 224 cs $ $ paste (21 CFR 155.191 ). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration
(28 to 39.3%). U.S. Grade A, U.S. Fancy, U.S. Grade C, or U.S.
Standard. 6/#10 cans per case. State can on bid.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0043 Tomato, Crushed, Peeled, Tomato Soluble Solid (TSS) 12% or 112 cs $ $ Greater; Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168
6/#10 Cans per case.
**FSA REQUESTS 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
15B31521 Q00000009 Page 12 of 48
0044 Vegetable, Potatoes, French Fries, Frozen, Institutional type, 600 LB $ $ Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 x 3/4 inch and be Extra Long, Long, or Medium
(at least 50% or more are 2 inches or longer. OVENABLE.
(Instructions on how to prepare in the oven/fryer are acceptable) U.S. Grade A, U.S. Fancy or U.S. Grade B. As defined in Title 7 62.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.
Examples of acceptable types also includes wedges, waffle cut, and steak cut.
**FSA REQUESTS OVENABLE ONLY
**INDICATE COOKING DIRECTIONS ON LABEL
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0045 Oregano, Leaf Packaging: sealed containers, Packaging must 28 LB $ $ indicate actual delivered weight of product, Pure Spice-no additives or extenders
Note package size on bid.
**FSA REQUESTS 1 LB CO
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0046 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined 224 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 only.
**FSA REQUEST 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8915
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0047 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, 113 LB $ $ Table Ready (CID A-A-20143B, Type 11 , Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.
**FSA REQUEST 15 LB BAG/CASE ONLY
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0048 Cheese Shredded, Pounds Cheddar, Colby or Blended; Pizza Blend
7,800 LB $ $
Firm Fixed Price
PSC: 8945 ----
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0049 Hummus, Ind. 4oz. Each-1 400 EA $ $ Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.
Individual or Bulk. Quote must specify if quoting on individual case size.
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0050 Margarine, Bulk 30 Pound Case 90 LB $ $ Margarine, Bulk, All Vegetable. Margarine shall comply with all applicable Federal regulations including those contained in the
15831521 Q00000009 Page 13 of 48
Food and Drug Standard of Identity for Margarine (21 CFR Part
166) and must conform to USDA Spec
Margarine, Bulk, All Vegetable. Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part
166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80%
**FSA REQUEST 1 LB BLOCKS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0051 Mozzarella Cheese, Pounds 240 LB $ $ Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella, and Lite Mozzarella. As specified in the USDA Quality
Specifications for Mozzarella Cheeses. The Cheeses may be in Loaf, Sliced, Shredded, or Diced forms. Milk fat ranging from not less than 45% on dry basis to 10.8% depending on type.
Moisture content ranging from more than 45% to not more than 60% depending on type. Each of the ingredients used in the food shall be declared on the label. Manufacturer's letters will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 lb to 40 lb sealed Bags or containers.
**FSA REQUEST SHREDDED ONLY
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0052 Tofu, Firm, Pounds 2,000 LB $ $ Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride.
Note package size on bid. Product will not contain any animal by products or ingredients.
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0053 Taco Shells , Corn, U Shaped, Enriched. (CID A-A-20143B, Type 30,000 EA $ $ 111 , Style A, Shape b, Enrichment type i). Each. State case count on bid.
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0054 Beans, Dry, Black Eyed Peas, U.S. Grade 1 - 3.
**FSA REQUEST 50 LB BAGS
30,000 LB $ $
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0055 Beans, Navy, Dry, Beans, Dry, Navy, Whole, CID A-A-20337, Type II, Class 7
500 LB $ $
**FSA REQUEST 50 LB BAGS
15B31521Q00000009 Page 14 of 48
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0056 Cornstarch, Powered, Pounds 15 LB $ $ Corn Starch, Unmodified, regular, native or common, fine or coarse powder.
' "FSA REQUEST 1LB CONTAINERS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0057 Flour, General, All Purpose, or Unbleached (CID A-A-20126F, Type II or VI, Style A)
50 LB $ $
"FSA REQUEST 1 or 5 LB bags
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0058 Imitation Maple Syrup, Ind. 660 cs $ $ Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D or E. Syrup shall be manufactured in accordance with the U.S. Standard of identify for Table Syrup, 21 CFR 168.180.
Each individuals are 1 oz. State case count and flavor on bid.
"FSA Request 100 count case.
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0059 Vegetable, Beans, Wax, Canned, Cut, Sliced Lengthwise, or 112 cs $ $ French Style, Good to Reasonably Good Character (A or B), Minimum Drain Weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identify 21 CFR 155.120.
Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.
' FSA REQUEST 6/#10 CANS ONLY
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0060 Biscuits, Fzn. 2 oz, 500 cs $ $ Biscuits, Flour, 2 oz, Fully Cooked, Frozen
"FSA REQUEST 216 COUNT CASE
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0061 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, 404,000 EA $ $ Thaw and Serve, (Muffins, Bagels, Donuts, Cinnamon Rolls, etc.)
Specify Item, size, and case count on bid. Items will not contain poppy seeds.
"FSA REQUEST INDIVIDUALLY WRAPPED HONEYBUNS
15B31521Q00000009 Page 15 of48
0062 Eggs, Liquid, Frozen, Pounds 1,250 LB $ $ Eggs, Pasteurized, Liquid, Frozen. Specify case size on bid.
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0063 Mac & Cheese, Fzn, Pound 8,250 LB $ $ Mac & Cheese, Prepared
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0064 Sauce, Worcestershire (CID A-A-20099C). 4/1 Gallon Plastic 20 cs $ $ Containers per case .
.. FSA REQUEST NO I.P.S OR WINSTON BRANDS
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0065 Pizza, Prepared, Frozen, Cheese, Thin Crust, Mozzarella Cheese 20 cs $ $ (Regular, Lite or Low-moisture part skim as indicated in 21 CFR 133.144, 133.158, and 133.113), Enriched wheat or whole wheat crust, Wedge, Rectangle, Round Individual, or Round Oversized
(specify size), Individually Quick Frozen. (CID A-A-20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a or b, Shape 1, cut b; Shape 2, cut b; Shape 3, cut d, e, or f; or Shape 4.)
.. FSA REQUEST 4-6 oz, Each, 125 case count
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0066 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium (CID 100 cs $ $ A-A-20087D, Type I or IV), 4/1 Gallon Plastic Containers per case
**FSA REQUEST KIKKOMAN OR LA CHOY
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0067 Kosher Chips, Potato, 1 oz sealed individual package, Certified 100 cs $ $ Kosher Parve, Each individual package must be with the kosher certification hechsher. Note case count and flavors in bid.
**FSA REQUEST 60 count case
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0068 Salsa, Ind, 9 gm. Each 1,010 cs $ $
Salsa, Prepared, 9 gm Ind. Pack
**FSA REQUEST 200 COUNT CASE
15831521Q00000009 Page 16 of 48
0069 Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon Containers per case.
12 cs $ $
Firm Fixed Price
PSC: 8945
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0070 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II , or Ill , Style A or L.). No meat in product, fully cooked, beef flavor.
Product to be alternative for beef patty .
6 ,000 EA $ $
.. FSA REQUESTS
Firm Fixed Price
PSC: 8950
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0071 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume 6,000 EA $ $ Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, 11, or Ill, Style A or l .). Fully cooked, chicken flavor. Product to be Vegan alternative for chicken patty. Product will not contain any animal by products or ingredients.
Firm Fixed Price
PSC: 8950
SMALL BUSINESS
Delivery Schedule: Deliveries may be made M-F, 7:30am - 3:00pm., excluding federal holidays. Food Service Warehouse may be contacted at 662-751-4800 ext. 4115 or 4117.
15B31521Q00000009 Page 17 of 48
Section 3 - Contract Clauses
52.212-4 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--
(!) 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 perfonnance 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.
( 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, 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 oflading 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;
15B31521Q00000009 Page 18 of 48
(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--Olher 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.--
( 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 wi ll 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 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
( 6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)
(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
15B31521 Q00000009 Page 19 of 48
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the 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;
(B) The date of issuance ofa 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 appli~d 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.
U) Risk of loss. Unless the contract specifically provides otherwise, risk ofloss 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 termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fai ls to comply with any contract terms and conditions, or fa ils 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, an<l 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.
15B31521 Q00000009 Page 20 of 48
(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 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 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 52.212-5.
( 4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations
(I) Except as stated in paragraph (u)(2) of this c lause, 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 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)(I) 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.
15B31521Q00000009 Page 21 of 48
(End of clause)
A.1 ADDENDUM TO FAR 52.212-4, Commercial and Government Entity Code Reporting (Aug 2020)
The terms and conditions for the following clauses are…
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