15B41826Q00000010.pdf

15B41826Q00000010 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B41826PR000258

PAGE 1 OF

5. SOLICITATION NUMBER

15B41826Q00000010

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/27/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

R. Moothery rmoothery@bop.gov

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

TIME

03/16/2026 11:00 ET

CODE 15B418

Federal Bureau of Prisons

FCC Terre Haute

4700 Bureau Road South

Contracting Office

Terre Haute, IN 47802

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X 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):

311999

SIZE STANDARD:

700 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

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

15B418CODE15. DELIVER TO

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

CODE 15B41816. ADMINISTERED BY

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

R. Moothery rmoothery@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B418CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

R. Moothery rmoothery@bop.gov

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

FY26 DRY GOODS QTR 3

BPQ 15B41826Q00000010

SEE LINE ITEMS FOR DETAILS

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

X 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)

Charles Dailey

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

15B41826Q00000010 Page 2 of 41

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

15B41826Q00000010 Page 3 of 41

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) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.232-18 Availability of Funds (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems (OCT 2023)

3 List of Attachments 4 Solicitation Provisions

15B41826Q00000010 Page 4 of 41

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0272 Beans, Black, Dry, Pounds

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

PSC: 8945

Line Period of Performance: 04/01/2026 - 04/30/2026

Delivery Schedule:

Quantity: 12,500.000000

Delivery Address: Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

12,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0273 Beans, Pinto, Dry, Pounds

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

PSC: 8945

Quantity: 12,500.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

12,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0274 Rice, Bulk, Pounds

Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light

PSC: 8945

Quantity: 20,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

20,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0275 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). 1 lb to 40 lb sealed bags.

PSC: 8945

4,000 LB $________ $_________________

15B41826Q00000010 Page 5 of 41

Quantity: 4,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0277 Beard Covers, Case, 1000 Ct

Beard Covers, Case, 1000 Ct

PSC: 7310

Quantity: 25.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0281 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

Quantity: 7,500.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

7,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0286 Imitation Maple Syrup, 4-1 Gallon

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

PSC: 8945

Quantity: 30.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0292 Tomato Paste, Canned, 6-#10 112 CS $________ $_________________

15B41826Q00000010 Page 6 of 41

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

Quantity: 112.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0293 Green Bean, Canned, 6-#10

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 or pouches per case. State can or pouch on bid.

PSC: 8945

Quantity: 672.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

672 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0294 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 or pouches per case. State can or pouch on bid.

PSC: 8945

Quantity: 168.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0296 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/

448 CS $________ $_________________

15B41826Q00000010 Page 7 of 41

#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

Quantity: 448.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0297 Mixed Vegetables, Canned 6/#10 cans

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 or pouches per case. State can or pouch on bid.

PSC: 8945

Quantity: 224.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0298 Peas, Canned, 6-#10

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 or pouches per case. State can or pouch on bid.

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0299 Spinach, Canned, 6-#10

Vegetable, Spinach, Cut leaf or Sliced, Chopped, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8945

Line Period of Performance: 04/01/2026 - 04/30/2026

168 CS $________ $_________________

15B41826Q00000010 Page 8 of 41

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0307 Banana Cake Mix, Pounds

Powdered Cake Mix, Banana, CID A-A-20181B, Type 1, Style A

PSC: 8945

Quantity: 5,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0308 Disp. Cups, 8oz., Case-1000ct

Disp. Cups, 8oz., Case-1000ct

PSC: 7310

Quantity: 200.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0309 Disp. Spork, Each

Disposable Spork

PSC: 7310

Quantity: 700,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

700,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0310 Bouffant Head Covers, Case, 1000 Ct

Bouffant Head Covers, Case, 1000 Ct

PSC: 8945

Line Period of Performance: 04/01/2026 - 04/30/2026

25 CS $________ $_________________

15B41826Q00000010 Page 9 of 41

Quantity: 25.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0313 Beans, Black, 6-#10 Case

Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134D, Type I, Class K, Style 1), Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

PSC: 8945

Quantity: 56.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0319 Yellow Cake Mix, Pounds

Powdered Cake Mix, Yellow Cake, CID A-A-20181B, Type 1, Style B

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0321 Lemon Juice, Quarts

Juice, Lemon, Reconstituted, must comply with 21 Code of Federal Regulations (CFR) § 146.114. (CID A-A-20144C, Type I, Style A, Package type 1 - Plastic bottle, Agricultural practice a - Conventional). Note package size on bid.

PSC: 8945

Quantity: 50.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

50 QT $________ $_________________

0324 Pasta, Elbow Macaroni, Pounds 4,000 LB $________ $_________________

15B41826Q00000010 Page 10 of 41

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

Quantity: 4,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0325 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

PSC: 8945

Quantity: 1,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0335 Beans, Kidney, Dry, Pounds

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

PSC: 8945

Quantity: 2,500.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0340 Onion Powder, Pounds

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

Quantity: 100.000000

100 LB $________ $_________________

15B41826Q00000010 Page 11 of 41

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0344 Red Pepper, Ground, Pounds

Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001C, Type I, Spice Y, Form 1 or 3, 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0361 Carrots, 6-#10 Cans

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 or pouches per case. State can or pouch on bid.

PSC: 8945

Quantity: 280.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0363 Flour, All Purpose, Pounds

Flour, All Purpose wheat flour, or Bakers Wheat Flour, Unbleached or Bleached. (CID A-A-20126H, Type I (Class 1-3), II (Class 1-2) or III (Class 1-5) VI, Style A or Style B, Protein level a-d, Packaging type 1) Size g-j, Agricultural practice i ).

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

2,500 LB $________ $_________________

15B41826Q00000010 Page 12 of 41

0364 Garlic Powder, Pounds

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

Quantity: 250.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0366 Soup Base, Chicken, LS, Pounds

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

Quantity: 500.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0367 Brown Sugar, Bulk

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

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

15B41826Q00000010 Page 13 of 41

0368 Taco Shells, Each, Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape b, Enrichment type i). Each. State case count on bid.

PSC: 8945

Quantity: 25,800.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

25,800 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0369 Tomatoes, Diced, 6-#10 Cans

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/pouch. 6/#10 cans or pouches per case. State can or pouch on bid

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0372 Beans, Lentil, Dry, Pounds

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

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0373 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

Quantity: 200.000000

200 LB $________ $_________________

15B41826Q00000010 Page 14 of 41

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0374 Cajun Seasoning, Pounds

Spices, Cajun Seasoning, Spice Blends, (CID A-A-20001C, Type II, Blend B -Cajun Seasoning, Agricultral 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0375 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0376 Chocolate Cake Mix, Pounds

Powdered Cake Mix, Chocolate Cake, CID A-A-20181B, Type 1, Style L

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0377 Cornbread Mix, Pounds

Powdered Cornbread Mix, CID A-A-20181B, Type 5, Class 3

PSC: 8945

15B41826Q00000010 Page 15 of 41

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0378 Donut Cake Mix, Pounds

Donut Cake Mix, PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0379 Dressing, Mayonnaise, Gallons

Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light (CID A-A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a). 4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable.

PSC: 8945

Quantity: 300.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

300 GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0381 Pancake Mix, Pounds

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

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

2,500 LB $________ $_________________

0384 Tortilla Chips, Bulk, Pounds 150 LB $________ $_________________

15B41826Q00000010 Page 16 of 41

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

Quantity: 150.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0385 Vinegar, Gallons, 4-1 Gal per Case

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

PSC: 8945

Quantity: 4.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

4 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0388 Tortilla, Corn, Each

Tortillas, Corn, 5” to 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

Quantity: 18,000.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

18,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0389 Beans, Navy, Dry, Pounds

Beans, Dry, Pea (Navy), Whole, U.S. Grade 1 - 2

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

5,000 LB $________ $_________________

15B41826Q00000010 Page 17 of 41

0390 Catsup, Case, 6-#10 cans

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans or Pouches per case. State can or pouch on bid.

PSC: 8945

Quantity: 112.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0391 Cereal: Corn Flakes, Pounds

Cereal, Corn Flakes, Ready to Eat, Prepared, Ready to Eat, Bulk.

(CID A-A-20000E, Type II, Class 1, Any Grain Composition, Fat (1), Sodium (a), Packaging type (vii), Agricultural practice (aa)).

Bulk package range 12 to 40 lb case. Specify case count on bid.

Specify case weight on bid.

PSC: 8945

Quantity: 1,700.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

1,700 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0392 Chili Powder, Pounds

Spice, Chili Powder Blend, Ground, (CID A-A-20001C, Type II, Blend D, Salt-free Seasoning (6) -Other (as specified by the purchaser), Agricultural practice (i)). Blend shall have a reddish brown color and be free from lumps. The chili powder blend should include, but is not limited to, the following ingredients: ground chili pepper, cumin, oregano, salt, and garlic 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 price by the pound.

PSC: 8945

Quantity: 150.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

150 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0393 Cornstarch, Powdered, Pounds

Corn Starch, Unmodified, regular, native or common, fine or coarse powder.

15B41826Q00000010 Page 18 of 41

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0394 Hot Sauce, Gallons

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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

100 GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0395 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

100 QT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0396 Paprika, Ground, Pounds

Spices, Paprika, Ground. (CID A-A-20001C, Type I, Spice V, 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

FCC Terre Haute 4700 Bureau Road South

100 LB $________ $_________________

15B41826Q00000010 Page 19 of 41

Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0397 Parsley Flakes, Pounds

Spices, Parsley, Flakes. (CID A-A-20001C, Type I, Spice W, Form 6, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign mannter, 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0398 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

Quantity: 400.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

400 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0399 Peanut Butter, Bulk, Pounds

Peanut Butter, Regular or Reduced Fat, Smooth or Chunky/ crunchy, Plain, Stabilized, Non-fortified, Salted or Unsalted, Conventional. (CID A-A-20328C, Style I, Form (a) or (b), Class A or B, Texture 1 or 3, Type a, Flavor (1), Fortification 1 i, Seasoning

(a) or (b) Packaging 5 - size g, Agricultural practices (1)). 1 to 50 lb sealed Plastic Pail. Specify weight of container on bid.

PSC: 8945

Quantity: 1,500.000000

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0400 Salt, Bulk, Pounds

Spices, Salt, Food Grade or Table, Iodized. Packaging must indicate actual delivered weight of product. Pure - no additives, 15B41826Q00000010 Page 20 of 41 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

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0401 Soup Base, Beef, LS, Pounds

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

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

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

PSC: 8945

FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0402 Taco Seasoning, Pounds

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

FCC Terre Haute 4700 Bureau Road South Contracting Office

500 LB $________ $_________________

15B41826Q00000010 Page 21 of 41

0403 Vegetable Soup Base, LS, by the pound

Soup Base, Bouillon, Vegetable Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type IV, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 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

FCC Terre Haute 4700 Bureau Road South Contracting Office

500 LB $________ $_________________

15B41826Q00000010 Page 22 of 41

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

15B41826Q00000010 Page 23 of 41 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.

15B41826Q00000010 Page 24 of 41

(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.