01 - RFQ.pdf

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Attached to
FY25 A1 Budget QTR 4 Food Service Requirements
Solicitation number
15B41625Q00000001
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About this file

This is a Request for Quotation (RFQ) issued by the Federal Bureau of Prisons, Federal Prison Camp (FPC) Yankton, for Fiscal Year 2025 Quarter 4 Food Service Requirements. The solicitation is exclusively set aside for small businesses and seeks quotes for various food items including kosher jelly, meat products (beef patties, ground beef, roast beef, chicken, pork, and turkey), dairy products (cheddar, sliced, and mozzarella cheese), dry goods (beans, rice, grits, oatmeal), canned vegetables, and other food service items.

The RFQ requires vendors to be registered in SAM.gov and to submit quotes electronically by June 20, 2025, at 7:30 AM Central Time. The expected delivery period is July 1-15, 2025, with deliveries to be made to FPC Yankton in Yankton, South Dakota. The solicitation is a firm fixed-price contract, with quantities ranging from 200 to 10,000 pounds/units for different items. Vendors must submit quotes using the provided solicitation document, include a signature, and self-certify in SAM. The anticipated award date is around June 23, 2025, with contract performance starting in early July 2025.

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07 - Final RFQ.pdf PDF
01 - Combined Synopsis-Solicitation.pdf PDF

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15B41625Q00000001 Page 1 of 36

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

PAGE OF PAGES

1 36

1. REQUEST NO.

15B41625Q00000001

2. DATE ISSUED

06/05/2025

3. REQUISITION/PURCHASE REQUEST NO.

15B41625PR000107

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

Federal Bureau of Prisons FPC Yankton 1016 Douglas Avenue Yankton, SD 57078

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY

OTHER

(See Schedule)

FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

SEE SCHEDULE

NAME

Dominick Warmbein dwarmbein@bop.gov

TELEPHONE NUMBER

AREA CODE

NUMBER

6653262 Ext.:

8. TO:

b. STREET ADDRESS

c. CITY

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/20/2025 07:30 CT

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FPC Yankton FY25 Q4 A1 FS Requirement

DELIVERY TO BE MADE within two weeks from date of award

Offers accepted only if submitted using this solicitation document and must include signature

VENDERS MUST SELF CERTIFY IN SAM.

Firm Fixed Price

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

0.00 %

b. 20 CALENDAR DAYS (%)

0.00 %

c. 30 CALENDAR DAYS (%)

0.00 %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00 NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

15B41625Q00000001 Page 2 of 36

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Kosher Jelly Assorted, each

Kosher Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry or Strawberry. Regular or reduced sugar, U.S. Grade A or equivalent. (CID A-A-20078D), Type II, kind A ,B, F, M, R, S, Y, or AA, Style 1 or 2. Finished

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 5,000.000000

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beef Patty, 5 oz, by the pound

Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen. Ground Beef Patties shall consist of chopped fresh and/ or frozen beef without seasoning. In addition, product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders.

No partially defatted tissue or advanced meat recovery product.

PRODUCT MUST BE 6 MONTHS OR YOUNGER UPON

DELIVERY WITH THE DATE CLEARLY ON THE LABEL, (NO

STAMPED OR WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy, red appearance. Product that is grey, brown or tan in color will be rejected. Product to be packed in 10 to 60 lb. cases. 1 mil or thicker bags. No open bags. Size of patty to be 5 oz.

DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 3,000.000000

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Ground Beef, 80/20 by the pound

Meats, Beef, Ground, 80% Lean, IMPS 1136, delivered Frozen.

Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST

BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE

DATE CLEARLY ON THE LABEL, (NO STAMPED OR WRITTEN

DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy red appearance. Product that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, 4,000 LB $________ $_________________

15B41625Q00000001 Page 3 of 36 opaque or colored bags. Note weight of packaging and case size on bid. DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,000.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Roast Beef, Raw, by the pound

Meats, Beef Roast, Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B, 180. Frozen, weight range 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item. MAY REQUIRE SAMPLE. DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,000.000000

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Chicken Leg Quarter, by the pound

Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, IMPS P1031 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 ounce 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. Packaging/Production date cannot be more than 6 months old from delivery date. MUST NOTE LEG QUARTER

PORTIONS SIZE, NO SMALLER THAN 12 OUNCES AND NOT

TO EXCEED 18 OUNCES. MUST PROVIDE A SAMPLE. DEL

SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 10,000.000000

10,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Chicken B/S, 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 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 4-10 lb poly bags per 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

4,000 LB $________ $_________________

15B41625Q00000001 Page 4 of 36 exemption” will be refused. No more than 8% water or broth weight. Packaging/Production date cannot be more than 6 months old from delivery date. MAY REQUIRE SAMPLE. DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,000.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Chicken, Breast Boneless, pound

Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and 70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality. All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection. The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order. Frozen commodity when specified in the Solicitation, shall be processed, packaged and packed, and placed in a freezer within 7 calendar days after the date of harvest. Product must be produced under FSIS pathogen reduction standards, as specified in 9 CFR § 381. Boneless, skinless breasts must be free of cartilage, fat, holes, tendons, bone pieces, blood clots, bruises, cuts, tears, and muscle mutilations. Slight discolorations is permitted, provided it does not detract from the appearance of the product. Unbreaded. – All packaging materials shall comply with FSIS regulations (9 CFR § 381.144 Packaging Materials).

All packaging and packing materials must be clean and in new condition, shall not impart objectionable odors or flavors to the commodity, shall be safe for use in contact with food products (cannot adulterate product or be injurious to health). 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. Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS. Products produced or labeled with any phrase “under religious exemption” will be refused. No Sodium added. Size of chicken breast, 5 -7 ounce. Note size on the bid.

MAY REQUIRE SAMPLE. DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 3,000.000000

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Pork Roast, by the pound

Meats, Pork Roast, Pork Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Paper Wrapping, Weight Range A or B, 4 to 8 lb. Quote MUST indicate average roast weight of quoted item.

DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,000.000000

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Turkey Roast Raw, by the pound

Meats, Turkey, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, netted or in roasting pack. Breast meat only meat (8-12 lb each). Skin (Maximum) 12.5%. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

DEL SCH 1

PSC: 8945

4,500 LB $________ $_________________

15B41625Q00000001 Page 5 of 36

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,500.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Cheddar Cheese, by the pound

Cheddar cheese shall be U.S. Grade AA or A, conforming to CID A-A-20208C, Type I, and must comply with the FDA standard of identity in 21 CFR §133.113. The cheese must be made from 100% cow’s milk using the traditional cheddaring process or an equivalent method that yields the same physical and chemical characteristics. It shall contain no more than 39 percent moisture and not less than 50 percent milk fat in the water-free substance.

Acceptable styles coarse shredded, with shred sizes 1, 2, or 3.

Only natural or annatto-colored cheese is allowed; no artificial preservatives, non-dairy ingredients, fillers, or extenders will be accepted. The product must be packaged in sealed bags or rigid containers ranging from 5 to 40 pounds and must be vacuum-sealed or gas-flushed for freshness. Each package must be clearly labeled with the product type (e.g., loaf or shredded), U.S.

Grade, date of manufacture, use-by date, establishment number, complete ingredient statement, and nutritional information.

Manufacturer’s letters or declarations will not be accepted in lieu of required labeling. Cheese must be free from off-flavors, mold, and foreign material, with consistent color, texture, and melting characteristics. Supplier must provide certification that the cheese meets U.S. Grade AA or A standards, and random testing may be performed to verify compliance with fat and moisture requirements.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 2,000.000000

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Cheese, Sliced by the pound

Sliced cheese shall be real, not imitation, and must conform to the applicable standard of identity as specified in the Code of Federal Regulations, Title 21, Chapter I, Subchapter B, Part 133

– Cheeses and Related Cheese Products, Subpart B, §133.173.

The product must be one of the following high-quality cheeses as determined by the Food Service Administrator (FSA): Pasteurized Process Cheese American, Cheddar, Provolone, Swiss, Colby, or Monterey Jack. The cheese shall be made from high-grade dairy ingredients and must exhibit a uniform texture, clean flavor, and consistent color. It must be free from off-flavors, mold, foreign substances, and any signs of spoilage or improper storage. The use of imitation, analog, or cheese products containing non-dairy ingredients is strictly prohibited. Each package must be clearly labeled with the exact type of cheese, a complete ingredient list, nutrition facts, date of manufacture, use-by date, and the plant/establishment number. Manufacturer’s letters will not be accepted in lieu of required labeling. All cheese must be produced in accordance with Good Manufacturing Practices (GMP) and applicable USDA and FDA sanitary standards. Only product that meets or exceeds these quality and labeling standards will be accepted.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,000.000000

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Mozzarella Cheese, by the pound

Shredded Mozzarella cheese shall be real, high-quality cheese conforming to Commercial Item Description (CID) A-A-20248C and the FDA standard of identity under 21 CFR §133. The cheese must be Type I (Mozzarella), Type II (Low-moisture Mozzarella), Type III (Part-skim Mozzarella), or Type IV (Low-moisture Part-

1,000 LB $________ $_________________

15B41625Q00000001 Page 6 of 36 skim Mozzarella), with the specific type to be determined locally.

Only Style B – Shredded, Individually Quick Frozen (IQF) is acceptable. Shred size must be 1, 2, or 3. The product shall be made from high-quality cow’s milk and processed under sanitary conditions in accordance with Good Manufacturing Practices (GMP). Milk fat content must range from 30.0% to 60.0% on a dry basis, and moisture content must range from 45.0% to 60.0%, depending on the cheese type. Cheese must be free from off-flavors, mold, excessive clumping, freezer burn, or any foreign materials. It must have proper melt and stretch characteristics typical of high-quality mozzarella. All ingredients shall be declared by their common or usual name in descending order of predominance by weight. Each package must be clearly labeled with the cheese type, shred size, complete ingredient statement, nutritional information, plant/establishment number, date of manufacture, and use-by date. Manufacturer’s letters or certifications will not be accepted in lieu of proper labeling.

Packaging must consist of sealed bags or containers ranging from 5 lb to 40 lb, designed to prevent contamination and preserve product integrity. Only product that meets or exceeds these specifications will be accepted.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,000.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Beans, Black Eyed Peas, Dry, by the pound

Beans, Dry, Black Eyed Peas, U.S. Grade 1 - 3.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 200.000000

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Beans, Black, Dry, by the pound

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,500.000000

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Beans, Kidney, Dry, by the pound

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Beets, Sliced, 6-#10 Case

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

Grade A, 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

10 CS $________ $_________________

15B41625Q00000001 Page 7 of 36

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 10.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Coffee, Ground, 20 Pound Case

Coffee Ground, Medium Ground.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 10.000000

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Brown Sugar by the pound

Sugar, Brown, Light or Dark (CID A-A-20135E, Type II, Style A or B)

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 800.000000

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Carrots, 6-#10 Case

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum drain weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 56.000000

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Catsup, Case, 6-#10 Case

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 56.000000

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 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 range12 to 40 lb. case.

20 CS $________ $_________________

15B41625Q00000001 Page 8 of 36

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 20.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Cereal: Grits, Bulk, Pounds

Hominy Grits, Enriched, White or Yellow, Regular, Unflavored (CID A-A-20035E, Type I or II, Style A, Flavor 1).

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 300.000000

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Cereal: Oatmeal, Bulk, Pounds

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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,500.000000

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Corn, 6-#10 Case

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.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 80.000000

80 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Dressing, Italian, 1-Gallon

Dressing, Salad, Pourable, Italian; Regular (CID A-A-20162B, Type I, II, III, or IV, Class C, Style 1 or 2). 4/1 Gallon plastic containers per case.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 48.000000

48 GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Dressing, Ranch, Gallons, 4-1 Gal per Case

Dressing, Salad, Pourable, Ranch; Regular (CID A-A-20162B, Type I, II, III, or IV, Class D). 4/1 Gallon plastic containers per case

PSC: 8945

35 CS $________ $_________________

15B41625Q00000001 Page 9 of 36

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 35.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Green Beans, 6-#10 Case

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or 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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 80.000000

80 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Imitation Syrup, 4-1 Gallon case

Syrup, Table, Regular (CID A-A-20124E, Type V, Style 1 or 2, Flavor A, B, C, D, or E.) Syrup shall be manufacture in accordance with the U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. 4/1 Gallon Plastic Containers per case.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 30.000000

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Kosher Potato Chips, each

Kosher Potato Chips, Individual Package. EACH. 1 Ounce Sealed Individual Package, Certified Kosher Parve, See Delivery Schedule, each individual package must be marked with the kosher certification hechsher.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,968.000000

4,968 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Mixed Vegetable, 6#10 Case

Vegetable, Mixed (5-7 way blend mix including carrots, potatoes, green beans, peas, corn, lima beans, and celery), Canned, With Salt, With Salt and onion flavoring, No Salt Added, Low Sodium, or Other. (CID A-A-20120F, Type I, Type II, Style A, B, C, D, or E; Container size 4). Minimum drain weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 56.000000

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Mustard, Gallons, 4-1 Gal per Case 10 CS $________ $_________________

15B41625Q00000001 Page 10 of 36

Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036D, Type I). 4/1 Gallon plastic containers per case.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 10.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Pancake Mix, 50 Pound Bag

Powdered Pancake Mix, , 50 LB bags, CID A-A-20181B, Type 2, Class 1, Style C

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 15.000000

15 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Parmesan Cheese, Pounds-1

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,000.000000

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Pasta, Elbow Macaroni, Pounds

Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type I, Style A, B, or C).

Enrichment type (A). 1 lb. to 40 lb. sealed bags.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 800.000000

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Pasta, Lasagna, Pounds

Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VIII, Class 1 of or 2, Style A, B, or C). Enrichment type (A). 1 lb. to 40 lb. sealed bags.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Pasta, Rotini, Pounds

Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type V, Style A, B, C, or D).

Enrichment type (A). 1 lb to 40 lb sealed bags.

500 LB $________ $_________________

15B41625Q00000001 Page 11 of 36

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Pasta, Spaghetti, Pounds

Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VI, Style A, B, or C).

Enrichment type (A). Packaging: 1 lb. to 40 lb. sealed bags.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 1,000.000000

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Peas, Green, 6-#10 Case

Vegetable, Peas, Sweet, Canned. U.S. Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 30.000000

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Pickle Relish, Gallons, 4-1 Gal per Case

Pickle, Relish 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 7.000000

7 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Pickles, Sliced, Gallons-Each

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 0.000000

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Powdered Sugar by the pound

Sugar, White (Refined), Powdered or Confectioners (CID A- A-20135E, Type I, Style C)

800 LB $________ $_________________

15B41625Q00000001 Page 12 of 36

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 800.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Rice, Bulk, Pounds

Rice, U.S. Grade No. 1 or 2, Long Grain MILLED Rice, Parboiled Light

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 3,000.000000

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Salad Oil, 35 lb. Container

Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. (CID A-A-20091E, Type II, Style 1, Saturated fat level a, Agricultural practice (i)). 35 lb. Containers

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 115.000000

115 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Salsa Canned, 6-#10, Case

Salsa, Readymade, Mild Salsa, 6/#10 cans per case, CID A- A-20210D

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 30.000000

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Salt, Bulk, Pounds-1

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Shortening, by the pound

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

15B41625Q00000001 Page 13 of 36 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Sugar by the pound

Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B).

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 3,000.000000

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Tomatoes, Diced, 6-#10 Case

Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A – C, Average Drained weight of 54.7 to 63.5 ounces per #10 can. 6/#10 cans.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 56.000000

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Tortilla Chips, Bulk, Pounds

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 396.000000

396 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Vinegar, Gallons-Each

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 32.000000

32 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Broccoli, Frozen, by the pound

Vegetable, Broccoli, Frozen, Spears, Short Spears, Cut or Chopped. U.S. Grade A or B. As defined in Title 7 CFR 52.631 -

644. MUST be packed in United States, Canada or Mexico)

15B41625Q00000001 Page 14 of 36

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 500.000000

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Flour, Tortilla, 10", Each

Tortillas, Wheat, White with spices or herbs, or Other, 10” in diameter, Round, Shelf stable, refrigerated, or frozen, Table Ready (CID A A-20143B, Type 1, Style B, C, or E, Size 9, Shape a, Enrichment type i, Product state a, c, or d, Cook state I). Each.

State case count on bid

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 6,000.000000

6,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 French Fries, Frozen (Fryable), Pounds-1

Vegtable, Potatoes, French Fries, Frozen, Institutional type, Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 by 3/4 inch and be Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer. FRYABLE. Fry color to be Extra light, Light or Medium light. U.S. Grade A, U.S. Fancy, or U.S. Grade B. As defined in Title 7 52.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. Examples of acceptable types also includes waffle cut. No shoe-string or steak fries. State case weight on bid. DEL SCH 1

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 4,000.000000

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Tortilla, Corn, Each, 360 Count, Case

Tortillas, Corn, 5” t0 7” in diameter, Round, Shelf stable, refrigerated, or frozen, Table Ready. (CID A-A-20143B, Type I, Style A, Size 4, 5, or 6, Shape a, Enrichment type i, Product state a, c, or d, Cook state I). Each. State case count on bid.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 07/01/2025 - 07/15/2025 Quantity: 10.000000

10 EA $________ $_________________

15B41625Q00000001 Page 15 of 36

Section 2 - Contract Clauses

Clauses By Full Text

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(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--

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach 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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the 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;

15B41625Q00000001 Page 16 of 36

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

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

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

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

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

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

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

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

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

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, 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.--

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

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

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

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

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

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

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

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

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

15B41625Q00000001 Page 17 of 36

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the 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 of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

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

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

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

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

destination.

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

15B41625Q00000001 Page 18 of 36

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

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

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

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and 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; 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:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances,…

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