15B50525Q00000014 - FMC Carswell National Menu.pdf

15B50525Q00000014 Page 1 of 40

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B50525PR000266

PAGE 1 OF

5. SOLICITATION NUMBER

15B50525Q00000014

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/05/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

E. Karua ekarua@bop.gov

b. TELEPHONE NUMBER (No collect calls)

817-782-4257

8. OFFER DUE DATE / LOCAL

TIME

05/16/2025 12:00 CT

CODE 15B505

Federal Bureau of Prisons

FMC Carswell

J Street

Building 3000

Fort Worth, TX 76127

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:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 10

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

Federal Bureau of Prisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

J. Malave jmalave@bop.gov

CODE 15B50516. ADMINISTERED BY

Federal Bureau of Prisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

E. Karua ekarua@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BCRWCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

Fort Worth, TX 76127

Accounting CRW-BusinessOffice-S@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

Delivery Date: 06/30/2025

FMC Carswell 4th Quarter FY25 - National Menu Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Eliud Karua

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

15B50525Q00000014 Page 2 of 40

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

15B50525Q00000014 Page 3 of 40

Table of Contents

Section Description Page Number

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.211-17 Delivery of Excess Quantities (Sept 1989) 52.232-18 Availability of Funds (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

3 List of Attachments 4 Solicitation Provisions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-20 Predecessor of Offeror (Aug 2020)

15B50525Q00000014 Page 4 of 40

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0320 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery On Or Before: 06/30/2025 Quantity: 2,500.000000

Delivery Address: Federal Bureau of Prisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

J. Malave jmalave@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0321 Beans, Garbanzo (Chickpeas), Canned, In Brine, Meatless.

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

*Indicate size of container and case size on bid*

PSC: 8905

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0322 Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

***Individual, 2-3 oz packs only*** Product will not contain any animal by product or ingredients.

Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

***Individual, 2-3 oz packs only*** Product will not contain any animal by product or ingredients.

*Indicate size of packs on bid*

PSC: 8945

10,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0323 Shortening, Liquid (deep-fry cooking) (CID A-A 20100D, Type III)

Shortening, Liquid (deep-fry cooking) (CID A-A 20100D, Type III).

The liquid shortening (deep-fry cooking) 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 liquid shortening (deep-fry cooking) must contain antifoaming agents and may contain antioxidants. Smoke point meets or exceeds 425 degrees F. 5-Gallon Container or 35 lb.

container (4.55 gallon)

*Indicate/notate container size provided on bid*

PSC: 8945

48 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0324 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, 52 CO $________ $_________________

15B50525Q00000014 Page 5 of 40 or any other vegetable oils or combinations of these oils. (CID A- A-20091E, Type II, Style 1, Saturated fat level a, Agricultral

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, Agricultral practice (i)). *** 5 Gallon Containers, or 35 lb Containers only ***.

*Notate size of container and case size on bid*

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0325 Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case.

Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case. Margarine shall comply with all applicable Federal regulations including those contained in the Food And Drug Standard of Identity for Margarine (21 CFR Part 166) and must conform to USDA Specifications for Vegetable Oil Margarine.

Margarine shall be made from one or more of the following vegetable oils: canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

PSC: 8945

140 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0326 Syrup, Table, ***Regular, No 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 Container

Syrup, Table, ***Regular, No 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.

*Indicate container size, case and flavor provided on bid*

PSC: 8945

40 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0327 Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.)

Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.)

*Specify item, size case count and if items contain yeast on bid* Note: Items WILL NOT contain poppy seeds.

PSC: 8945

6,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0328 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 per case only ***

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 per case only ***

PSC: 8945

90 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0329 Tomatoes, Crushed, Peeled, Tomato Soluble Solids (TSS) 12% or Greater; U.S. Grade A and B, Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168, **6/#10 Cans per case

Tomatoes, Crushed, Peeled, Tomato Soluble Solids (TSS) 12% or Greater; U.S. Grade A and B, Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168, ***6/#10 Cans per case only***

48 CS $________ $_________________

15B50525Q00000014 Page 6 of 40

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0330 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.

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 per case only***

PSC: 8945

241 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0331 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.

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 per case only.***

PSC: 8945

290 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0332 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.

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 per case only ***

PSC: 8945

210 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0333 Vegetable, Mixed (5–7way 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

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 per case only***

PSC: 8945

157 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0334 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 per case onl

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 per case only***

PSC: 8945

70 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B50525Q00000014 Page 7 of 40

0335 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.

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 per case only ***

PSC: 8945

348 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0336 Vegetable, Potatoes, French Fries, Frozen, FRYABLE (CID A- A-20038C), Type of pack II - Institutional type, Style B - Strip, Size:

Cross-sectional dimension a or b, Length i or Length ii - Other (purchaser specify), Style C, D, E, F, G, or L -*** Spiral C

Vegetable, Potatoes, French Fries, Frozen, FRYABLE (CID A- A-20038C), Type of pack II - Institutional type, Style B - Strip, Size: Cross-sectional dimension a or b, Length i or Length ii - Other (purchaser specify), Style C, D, E, F, G, or L -*** Spiral Cut, Wedges, Slices (Straight cut), Crinkle Cut, or Steak cut,*** Blanching method a, b, c, or d, Seasoning (2, 3, 4, 5, or 6), Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 x 3/4 inch and be Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer).

Cooking/heating method (b) - Deep-fry. (Instructions on how to prepare in the fryer are acceptable). Designation 1, 2, 3, 4, or 5, Cooking oil (i). U.S. Grade A, U.S. Fancy, U.S. Grade B or U.S.

Extra Standard. As defined in 7 CFR 52.1 to 52.83. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8945

7,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0337 Fruit, Fruit Cocktail, Canned, U.S. Grade A, B, or U.S. Fancy, Standard of Identity contained in 21 CFR 27.40 and 27.43.

Proportion of Fruit ingredients shall contain Peaches (30%), Pears (25%), Grapes (6%), Pineapple (6%), and Cherries (2%).

Fruit, Fruit Cocktail, Canned, U.S. Grade A, B, or U.S. Fancy, Standard of Identity contained in 21 CFR 27.40 and 27.43.

Proportion of Fruit ingredients shall contain Peaches (30%), Pears (25%), Grapes (6%), Pineapple (6%), and Cherries (2%).

Packed in light syrup, lightly sweetened fruit juice and water, lightly sweetened fruit juice, slightly sweetened water, extra light syrup, slightly sweetened fruit juice and water, slightly sweetened fruit juice, or in water. 6/#10 cans per case.

PSC: 8945

55 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0338 Spices, Allspice, Ground (CID A-A-20001C, Type I, Spice A, Form 1, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure – no additives, extenders, foreign matter, or flow agents.

Spices, Allspice, Ground (CID A-A-20001C, Type I, Spice A, Form 1, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure – no additives, extenders, foreign matter, or flow agents. ***1 lb sealed plastic containers or boxes only***

PSC: 8945

36 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0339 Spice, Chili Powder Blend, Ground, (CID A-A-20001C, Type II, Blend D, Salt-free Seasoning (6) -Other (as specified by the purchaser), 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 lb sealed containers only ***

300 LB $________ $_________________

15B50525Q00000014 Page 8 of 40

PSC: 8910

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0340 Spices, Cocoa Powder, Natural or Alkalized, Brown to Dark Brown in Color. Pure - no additives, extenders, foreign matter, or flow agents. BULK. Note package size on bid. Note price by the pound.

Spices, Cocoa Powder, Natural or Alkalized, Brown to Dark Brown in Color. Pure - no additives, extenders, foreign matter, or flow agents. BULK.

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

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0341 Spices, Cumin, Ground. (CID A-A-20001C, Type I, Spice L, Form 1, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. ***1 lb sealed plastic containers

Spices, Cumin, Ground. (CID A-A-20001C, Type I, Spice L, Form 1, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

***1 lb sealed plastic containers or boxes only***.

PSC: 8945

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0342 Spices, Garlic, Powder. From dehydrated garlic bulb ground to a fine powder after the milling process. 100% air dried garlic.

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

Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic. No off notes. Texture - A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

***1 lb sealed plastic containers or boxes only ***

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0343 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.

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

72 QT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0344 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.

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

123 QT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0345 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 lb sealed plastic con

Spices, Pepper, Black, Ground. (CID A-A-20001C, Type I, Spice X, Form 1, Agricultural practice (i)). Packaging must indicate

300 LB $________ $_________________

15B50525Q00000014 Page 9 of 40 actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

***1 lb sealed plastic containers or boxes only***.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0346 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.

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

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0347 Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape,***5oz patties only,*** with Paper Separation or Individually Quick Frozen. Ground Beef Patties shall consist of chopped fresh and/or frozen beef without seasoning.

Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape,***5oz patties only,*** 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 Beef, 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. Patties will be packed in boxes completely lined with plastic bags. The open end of the bag will overlap at the top to completely cover the product. ***5oz patties only,*** A191

PSC: 8905

6,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0348 Meats, Beef Sandwich Steaks, Flaked, Chopped, Formed and Wafer Sliced; Beef Steaks, Sliced and Formed, Frozen; or Beef Slices, Frozen, IMPS 1138A, 1138B, or 1139. Steaks shall be prepared from boneless beef that complies with the material requirements of

Meats, Beef Sandwich Steaks, Flaked, Chopped, Formed and Wafer Sliced; Beef Steaks, Sliced and Formed, Frozen; or Beef Slices, Frozen, IMPS 1138A, 1138B, or 1139. Steaks shall be prepared from boneless beef that complies with the material requirements of Item No. 136 or 139. The flaking, chopping, forming, and slicing process shall be in compliance with FSIS Regulations and shall produce steaks which are moderately fine textured. Product shall comply with fat content requirements of Item No. 136 or 139. Each steak shall consist of two or more thin slices weighing approximately one ounce each. No more than a minor amount of green/brown/gray rings shall be present.

Steaks shall be packaged with paper separators between each steak. Slices shall be approximately 4.75 x 7.5 inches. Portion-cut products will be placed in fiberboard boxes lined with a plastic bag.

The open end of the bag will overlap at the top to completely cover the product.

PSC: 8905

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0349 Meats, Chicken, Filet, 4-5 oz, Whole Muscle or Chunked and formed, 1/2-inch cube or greater (9 CFR § 381.171(f)), No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product, 100% white meat, 5,000 LB $________ $_________________

15B50525Q00000014 Page 10 of 40

Meats, Chicken, Filet, 4-5 oz, Whole Muscle or Chunked and formed, 1/2-inch cube or greater (9 CFR § 381.171(f)), No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product, 100% white meat, Breaded. (CID A-A-20276A, Type VI, Style A or B, Meat Type (b), Form 1, Shape (b). Individually Quick Frozen.

Vegetable oil shall be used as the frying medium. Combined batter and breading shall not exceed 30% by weight and will be evenly coated. All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

Manufacturer’s letters will NOT be accepted in lieu of labeling.

*Size of patty to be determined locally and size noted on bid*

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0350 Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B.

Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. (Grade Standards are separate for Cod, Flounder, Sole, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing. 100% net weight, No water or glaze weight added. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 5 to 7 oz. *** Tilapia/Cod Fillets Only***

PSC: 8905

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0351 Meats, Italian Sausage, Pork , Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links, 3.8 - 5 ounce range. Italian sausage is a fresh, uncooked, linked product.

Meats, Italian Sausage, Pork , Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links, 3.8 - 5 ounce range. Italian sausage is a fresh, uncooked, linked product. The meat components shall be chopped or ground to a moderately course texture. The sausage itself (or interior cut surface of links) is moderately coarse in texture with a uniform color ranging from medium to dark reddish-brown with evenly distributed fat particles. The links shall be in a natural hog or collagen casing. Links shall be moderately uniform in length and diameter. IMPS 818, Italian Sausage, Formula D, P2, or P3, Flavoring B, Type E. Product will be delivered frozen. Product will not contain SOY.

*Specify portion size on bid*

PSC: 8905

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0352 Meats,Turkey, Boneless, Roast, Raw, Natural, All-Natural, Boned, Rolled and Tied, netted, roasting pack or other appropriate packaging. U.S. Grade A., United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et.

Meats,Turkey, Boneless, Roast, Raw, Natural, All-Natural, Boned, Rolled and Tied, netted, roasting pack or other appropriate packaging. U.S. Grade A., United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Breast meat or breast/thigh meat (8-12 lb each) or whole muscle thigh meat (6 lb each). Skin (Maximum) 12.5%. Packaging shall be neat and attractive. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8905

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0359 Eggs, Pasteurized, Liquid, Frozen. Specify case size on bid.

Eggs, Pasteurized, Liquid, Frozen.

6,000 LB $________ $_________________

15B50525Q00000014 Page 11 of 40

*Specify case size on bid*

PSC: 8910

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0360 American Sanitary Lime Scale Remover. 4 x 1 lb

American Sanitary Lime Scale Remover. 4 x 1 lb

PSC: 6810

55 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0361 Sentinel. Solid Quad Sanitizer. 1/3 lb

Sentinel. Solid Quad Sanitizer. 1/3 lb

PSC: 6810

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0362 Solid Green 14 All Purpose. Solid Pot and Pan Soap. 1 x 2.5 lb

Solid Green 14 All Purpose. Solid Pot and Pan Soap. 1 x 2.5 lb

PSC: 6810

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0363 Trash Bags. 40 x 48 inches. State quantity of case on bid.

Trash Bags. 40 x 48 inches.

*State quantity of case on bid*

PSC: 9330

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0364 Blueberry Cake/ muffin mix, 50lb bags

Blueberry Cake/ muffin mix, 50lb bags

PSC: 8945

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0365 Cake mix, chocolate, 50 lb bags

Cake mix, chocolate, 50 lb bags

PSC: 8945

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0366 Cake mix, coffee, 50 lb bags

Cake mix, coffee, 50 lb bags

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0367 Cake mix, Devil's Food, 50 lb bags

Cake mix, Devil's Food, 50 lb bags

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0368 Cake mix, Spice, 50 lb bags

Cake mix, Spice, 50 lb bags

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0369 Cake mix, Yellow, 50 lb bags

Cake mix, Yellow, 50 lb bags

PSC: 8920

50 BG $________ $_________________

15B50525Q00000014 Page 12 of 40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0370 Cake mix, White, 50 lb bags

Cake mix, White, 50 lb bags

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0371 Cake mix, Strawberry, 50 lb bags

Cake mix, Strawberry, 50 lb bags

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0372 Pies, fruit, 4", 24 per case

Pies, fruit, 4", 24 per case

PSC: 8920

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0373 Cake mix, carrot, 50 lb bags

Cake mix, carrot, 50 lb bags

PSC: 8920

50 BG $________ $_________________

15B50525Q00000014 Page 13 of 40

Section 2 - Contract Clauses

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;

(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;

15B50525Q00000014 Page 14 of 40

(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

(D) Contractor point of contact.

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

(6) Interest.

15B50525Q00000014 Page 15 of 40

(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.

(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

15B50525Q00000014 Page 16 of 40 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, 15B50525Q00000014 Page 17 of 40 fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.211-17 Delivery of Excess Quantities (Sept 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

(End of clause)

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

15B50525Q00000014 Page 18 of 40

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In…