15B40225Q00000004 - BRQ Packet.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Field Acquisition Office

FAO - OATS West

August 29, 2025

All Interested Parties:

The Bureau of Prisons, Federal Prison Camp, Duluth, Minnesota, is soliciting quotations under Request for Quote # 15B40825Q00000004 for 1st Quarter FY 2026 Subsistence. This cover letter is intended to provide general information regarding the submission of your quote.

Please read the enclosed Request for Quotation carefully and ensure that all information requested is included in your quote. Evaluators will neither make assumptions, nor draw inferences regarding missing or incomplete data. All potential offerors are advised that this solicitation includes the clause at FAR 52.212-4, for Commercial Items, System for Award Management (SAM). This clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the SAM database. Please include your Unique Entity Identifier (UEI) number with your offer. If you have not completed your representations and certifications via the On-line Representations and Certifications Applications (ORCA) you may complete the enclosed Provision 52.212-3.

Faxed quotations will not be accepted. Quotes shall be submitted via writing via email to j3polk@bop.gov. Offerors are responsible for ensuring their quote has been received by the date and time set for receipt in order to be considered for award. Please submit quotations no later than 10:00 a.m. Central Time, September 5, 2025.

Delivery is to be completed within thirty (30) days of placed order. Please see below for delivery instructions. Items not delivered within the required time frame may be subject to cancelation and any/all shipping and restocking fees will be the responsibility of the vendor.

Should you have any questions, please contact me via e-mail at j3polk@bop.gov.

Sincerely, Jacob J. Polk Contracting Officer mailto:j3polk@bop.gov mailto:j3polk@bop.gov

U.S. Department of Justice Federal Bureau of Prisons Federal Prison Camp - FPC Duluth 4464 Ralston Drive Duluth, MN 55811

August 29, 2025

(i) This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 15B40225Q00000004. This solicitation is issued as a Request for Quote (RFQ).

Please read it in its entirety.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2025-04.

(iv) This solicitation is being issued as total small business set-aside. The NAICS for this requirement is 311999 with a size standard of 700 employees.

(v) The following items are required

Various Subsistence items for the Federal Prison Camp, Duluth, MN, as detailed in the solicitation.

Attachment A- BRQ 15B40225Q00000004

(vi) This solicitation is expected to result in the single award, or multiple awards, of a firm-fixed price contract(s) for various subsistence items.

(vii) TERMS OF DELIVERY ARE F.O.B. DESTINATION BEGINNING October 1, 2025 AND ENDING October 15, 2025, BETWEEN THE HOURS OF 8:00AM CENTRAL STANDARD TIME(PST) – 1:00PM PST.

NO DELIVERY ON WEEKENDS OR HOLIDAYS. ANY QUESTIONS REGARD DELIVER CONTACT THE

FOOD SERVICE ADMINISTRATOR AT (218)249-7394.

All perishable foods must be delivered between 34 degrees F to 40 degrees F. All frozen foods must be delivered at

0 degrees F or below. Any products that indicate prior thawing will be refused. Vendors who fail to meet delivery schedules or specification may be removed indefinitely from future solicitations for bids.

Federal Prison Camp - FPC Duluth 4464 Ralston Drive Duluth, MN 55811

(viii) FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023) applies to this acquisition. References to offer and offeror are hereby changed to quote and quoter respectively.

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

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

(2) Past Performance - Past performance information shall include prior experience and similar performances undertaken by the contractor.

(3) Technical Capability – (conformance to specifications and identification of product to be supplied).

(x) FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2024) must be submitted with quote.

(xi) FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023), is applicable to this acquisition.

(xii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2025)(DEVIATION FEB 2025), to include the below, are applicable to this acquisition.

(b) X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712) X (5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

X (12) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note) X (18) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

X (26) (i) 52.219-28, Post Award Small Business Program Re-representation JAN 2025) (15 U.S.C. 632(a)(2)).

X (31) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

X (32) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).

X (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

X (36) 52.222-36 Equal Opportunities for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) X (39) (i) 52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

X (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

X (51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

X (55) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

X (59) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

X (61) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C.3332).

X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(c) X (9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(xiii) The selected Quoter must comply with the additional contract terms and conditions, which are incorporated herein by reference:

Provisions

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation (JAN 2017)

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

Clauses

FAR 52.204-13 System for Award Management (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

DOJ-02 – Contractor Privacy Requirements (JAN 2022)

DOJ-08 – Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (OCT

2007)

The full text of the referenced FAR provisions and clauses may be accessed electronically at www.acquisition.gov/FAR

(xiv) Not applicable to this solicitation.

(xv) The completed solicitation package must be returned no later than 10:00 a.m. Central Standard Time on September 5, 2025. The anticipated award date is on or about September 12, 2025.

(xvi) Vendors shall submit quotes in .pdf format to Jake Polk, Contracting Officer, by email to j3polk@bop.gov ONLY. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for

30 calendar days after close.

Please ensure all information requested is included. Information will be posted to the General Services

Administration, Contract Opportunities: SAM.gov | Contract Opportunities. All future information about this acquisition, including amendments, and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

***Question Submission: Interested quoters must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer (FPC Duluth) to respond. Questions must be submitted by email only, j3polk@bop.gov.

http://www.acquisition.gov/FAR mailto:tlamirand@bop.gov https://sam.gov/content/opportunities mailto:tlamirand@bop.gov

15B40225Q00000004 Page 1 of 42

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B40226PR000002

PAGE 1 OF

5. SOLICITATION NUMBER

15B40225Q00000004

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/29/2025

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

09/05/2025 10:00 CT

CODE 15B402

Federal Bureau of Prisons

FPC Duluth

4464 Ralston Drive

Attn: Business Office

Duluth, MN 55814

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15B40216. ADMINISTERED BY

Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Attn: Business Office Duluth, MN 55814

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B402CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Attn: Business Office Duluth, MN 55814

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FPC DTH FY26 QTR 1 A1 Subsistence **Products must meet National Menu Specifications, have a legible expiration date that is at least 6 months past date received or will not be accepted. No dented cans and all boxes/cases must be properly labeled.** Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Jacob Polk

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Attn:

Business Office Duluth, MN 55814

15B40225Q00000004 Page 2 of 42

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

15B40225Q00000004 Page 3 of 42

Table of Contents

Section Description Page Number

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

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.232-18 Availability of Funds (Apr 1984) 52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

15B40225Q00000004 Page 4 of 42

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef, Roast Beef, Raw, pounds

Meats, Beef Roast, Beef Top or Bottom Round (Gooseneck),or Strip Loin, Boneless. IMPS 168, 169, 169A, 170, 170A, 171B, 180.

Frozen, weight range approximately 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

PSC: 8945

Line Period of Performance: 10/01/2025 - 10/15/2025

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Chicken Leg Quarters, pounds

Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, Unbreaded. "Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached. Delivered amounts of Leg Quarter portions can be random sizing, with the portion size not to be smaller than 12 ounces and not to exceed 18 ounces. Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Chicken Patty, pounds

Meats, Chicken, Filet, 4-5 oz, Whole Muscle or Chunked and formed, 1/2 inch cube or greater (9 CFR § 381.171(f)), No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product, 100% white meat, Breaded.

(CID

A-A-20276A, Type VI, Style A or B, Meat Type (b), Form 1, Shape (b). Individually Quick Frozen. Vegetable oil shall be used as the frying medium. Combined batter and breading shall not exceed 30% by weight and will be evenly coated. All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Chicken, Boneless/Skinless, by the pound

Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Boneless, skinless breasts must be free of cartilage and fat. Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with

3,000 LB $________ $_________________

15B40225Q00000004 Page 5 of 42 tenderloins are permitted. Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process. Unbreaded. Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use.

All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Cheddar Cheese, 40 lb. case

Cheese, Cheddar, U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113), Style A, B, D , K (loaf, shredded coarse), Shred size 1, 2, or 3, Agricultural practice (a). “Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 133.113). 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.

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Margarine Bulk, 30 Pound Case

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.

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Mozzarella Cheese, 40 Pound Case

Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella. (CID-A- A-20248C) The mozzarella cheese must conform to the following list. Type I, II, III, or IV. Style A - Block (loaf), frozen, Style B - Shredded, individually quick frozen (IQF) or Style J - Sliced or Diced forms. Shred size 1,2, or 3. Agricultural practice a. Milk fat range between 30.0 to

45.0 to

60.0 % on a dry basis depending on type. Moisture content range between 45.0 to 60.0 % depending on type. All ingredients must be declared by their common or usual name in descending order of predominance by weight. Manufacturer’s letters will NOT be accepted in lieu of labeling. Type and Style to be determined locally and size noted on bid. Packaging of Primary Container: 5 lb to 40 lb sealed Bags or containers.

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B40225Q00000004 Page 6 of 42

0008 Dressing, Assorted-Gallons-4/1 Gallon Case

Dressing, Salad, Pourable, Regular, Lite or Light, Reduced Fat, or Fat Free, Any Flavor, Any Style. (CID A-A-20162B, Type I, II, III, or

IV,

Any Class, Any Style). 4/1 Gallon plastic containers per case.

Note Type, Class, and Style on bid if not specified

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Beans, Garbanzo, 6#10 Cans per Case

Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID AA-20134D, Type I, Class J, Style 1, Nutrient content claim d, Agricultural practice (1)). 6/#10 cans per case

PSC: 8945

28 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Beans, Pinto, Dry, 50 Pound Bag

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

PSC: 8945

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Black Pepper, Ground, Bulk

Spices, Pepper, Black, Ground. (CID A-A-20001C, Type I, Spice X, Form 1, Agricultural practice (i)). 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. Note price by the pound.

PSC: 8945

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Bran Flakes, 20 Pound Case

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A- A 20000E, Type I, Class 5, Grain Composition a or b, Fiber 2), Sodium (a), Packaging type (vii), Agricultural practice (aa)). Bulk package range 12 to 40 lb case. Specify case weight on bid.

PSC: 8945

40 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Oatmeal, Bulk, Pounds, 50 Pound Bags

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

PSC: 8945

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Corn, 6-#10 Cans

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.130. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case or 6/75 oz vac-pack cans per case. State type of can or pouch on bid.

PSC: 8945

56 CS $________ $_________________

15B40225Q00000004 Page 7 of 42

0015 Cornmeal, 50 Pound Bag

Corn Meal, Degermed (lower fat), Enriched, White or Yellow, Course Granulation (CID A-A-20066C, Type IV, Class C, Color 1 or 2, Granulation a, Agricultural practice a).

PSC: 8945

25 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Garlic Powder, Pounds-1

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

Appearance and Flavor Cream Brown Fine Powder with the Characteristic odor and flavor of garlic. No off notes. Texture – A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product.

Pure – no additives, extenders, foreign matter, or flow agents. ½ oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

PSC: 8945

350 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Hot Sauce, 4-1 Gallon Case

Sauce, Hot, Green, Chipotle, Habanero, Buffalo-style, or Other.

(CID A-A-20097G, Type I, III, IV, V, IX, or XI, Agricultural practices A).

4/1 gallon plastic containers per case, 6/#10 cans per case or Each. Specify size and/or case on bid.

PSC: 8945

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Lime Juice, Quarts

Juice, Lime, Reconstituted, (CID A-A-20144C, Type II, Style A, Package type 1 - Plastic bottle, Agricultural practice a - Conventional).

Note package size on bid.

PSC: 8945

48 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Onion Powder, Pounds-1

Spices, Onion Powder, Ground. Packaging must be Labeled with Ingredients and Actual Delivered Weight of Product. Texture - A Dry Medium Fine Granular Powder, Slightly Fibrous, Moisture - No More That 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 plastic containers or boxes.

Note package size on bid. Note price by the pound.

PSC: 8945

350 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Pickle Relish, Gallons, 4-1 Gal per Case

Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will comply with the United States Standards for Grades of Pickles (84 FR16381). Grade A or B. 4/1 Gallon Plastic Containers per case

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Potato Chips, Ind. 60 Count Case

Chips, Potato, 1 oz sealed individual package, various flavors.

Note case count and flavors in bid.

PSC: 8945

30 CS $________ $_________________

15B40225Q00000004 Page 8 of 42

0022 Shortening, Solid, 50 Pound Block

Shortening, General Purpose, (CID A-A 20100D, Type I). The general purpose shortening must be prepared from deodorized vegetable fats and oils, which include, but are not limited to, palm oil, palm kernel oil, canola oil, or a combination of these oils. The general purpose shortening may be processed by hydrogenation or interesterification. The product may contain antioxidants.

Antifoaming agents must not be incorporated into the shortening. 50 pound block.

PSC: 8945

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Soup Base, Chicken, LS, 25 Pound Tub

Soup Base, Bouillon, Chicken Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type II, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%.

Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one

(1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

PSC: 8945

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Soy Sauce, 4-1 Gallon Case

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

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Taco Seasoning, Pounds-1

Spice, Taco Seasoning, Ground, (CID A-A-20001C, Type II, Blend P - Other (as specified by the purchaser), Agricultural practice (i)).

Blend shall have a reddish orange color and be free from lumps.

The taco seasoning blend should include, but is not limited to, the following ingredients: chili powder, ground cumin, dried oregano, salt, black pepper, ground paprika, garlic powder, and onion powder.

Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients. 1/2 oz. to 50 lb sealed containers. Note package size on bid. Note price by the pound.

PSC: 8945

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Tomato Paste, 6-#10 Cans

Tomato, Paste, as defined in the standard of identity for tomato paste (21 CFR 155.191). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%). U.S. Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8945

56 CS $________ $_________________

0027 Vinegar, Gallons, 4-1 Gal per Case 20 CS $________ $_________________

15B40225Q00000004 Page 9 of 42

Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon Containers per case.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Worcestershire Sauce, 4-1 Gallon Case

Sauce, Worcestershire (CID A-A-20099C), 4/1 Gallon Plastic Containers per case.

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Dessert, Individual Pks. Each

Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Cookies, Cakes, Pies, etc.) Specify Item, size, and case count on bid.

PSC: 8945

10,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 French Fries, Frozen (Fryable), 30 Pound Case

Vegetable, Potatoes, French Fries, Frozen, FRYABLE (CID A- A-20038C), Type of pack II - Institutional type, Style B - Strip, Size:

Cross sectional dimension a or b, Length i or Length ii - Other (purchaser specify), Style C, D, E, F, G, or L - Spiral Cut, Waffle Cut, Wedges, Slices (Straight cut), Crinkle Cut, or Other (purchaser specify), Blanching method a, b, c, or d, Seasoning (2, 3, 4, 5, or 6), 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).

Cooking/heating method (b) - Deep-fry. (Instructions on how to prepare in the fryer are acceptable). Designation 1, 2, 3, 4, or 5, Cooking oil (i). U.S. Grade A, U.S. Fancy, U.S. Grade B or U.S. Extra Standard. As defined in 7 CFR 52.1 to 52.83. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8945

60 CS $________ $_________________

15B40225Q00000004 Page 10 of 42

Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

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

(1) The schedule of supplies/services.

(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

15B40225Q00000004 Page 11 of 42 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 (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar 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 language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(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.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

15B40225Q00000004 Page 12 of 42

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.

Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.

(xiv) Confidential information.

(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.

(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/ or searches performed by the Government or by contractor at the Government's direction under this contract or order, including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors

15B40225Q00000004 Page 13 of 42 on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge, disclose, disseminate, or publicize any such information to any third party except as provided in this provision without the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible for any violations of confidentiality by a subcontractor.

(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an employee's obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.