15B50526Q00000002.pdf

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FMC Carswell 1ST Quarter FY26 - National Menu
Solicitation number
15B50526Q00000002
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This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Federal Bureau of Prisons for the FMC Carswell 1st Quarter FY26 National Menu. The solicitation seeks various food products including beef patties, ground beef, roast beef, chicken patties, chicken breast, pork roast, margarine, canned vegetables and fruits, pasta, dairy products, beans, rice, hummus, and other food-related items. The total quantity ranges from 56 to 89,050 units across different product categories.

Key details include a solicitation number of 15B50526Q00000002, with an issue date of 08/20/2025 and offer due date of 09/04/2025 at 12:00 CT. The contract is set aside for small businesses, with a NAICS code of 311999 and size standard of 700. The procurement is for a firm fixed price contract with an anticipated delivery date of on or before September 30, 2025. Products must meet National Menu Specifications, have a legible expiration date at least 6 months past receipt, and comply with specific packaging and labeling requirements. The delivery location is the Federal Bureau of Prisons FMC Carswell in Fort Worth, Texas.

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15B50526Q00000002 Page 1 of 47

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B50526PR000003

PAGE 1 OF

5. SOLICITATION NUMBER

15B50526Q00000002

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/20/2025

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

09/04/2025 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: % 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 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B505CODE15. DELIVER TO

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

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

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

E. Karua, Procurement & Property Specialist at ekarua@bop.gov

FMC CARSWELL 1ST QTR FY26 National Menu Solicitation Products must meet National Menu Specifications; must have a legible expiration date that is at least 6 months past date received or will not be accepted; no dented cans; all boxes/cases must be properly labeled.

Firm Fixed Price

Anticipated Delivery Date: on or before September 30, 2025 (with the exception to Item No. 269 & 270)

UEI ID: _______________________________________________

EMAIL ADDRESS: ______________________________________

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15B50526Q00000002 Page 2 of 47

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

15B50526Q00000002 Page 3 of 47

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) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.211-17 Delivery of Excess Quantities (Sept 1989) 52.223-10 Waste Reduction Program (May 2024) 52.223-23 Sustainable Products and Services (May 2024) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems (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

15B50526Q00000002 Page 4 of 47

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0173 Beef Patty, 5 oz, pounds 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 mate.

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 8,000.000000

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

8,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0177 Beef, Ground, 80/20, Beef, Ground, 80% Lean, IMPS 136, delivered Frozen. Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST BE 6

MONTHS OR

YOUNGER UPON DELIVERY WITH THE DATE CLEARLY ON

THE LABEL, (NO STAMPED OR WRITTEN DATES ALLOWED).

When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 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. Clear 1 mil or thicker sealed bags.

No open bags, opaque or colored bags. Note weight of packaging and case size on bid.

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 5,000.000000

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

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0179 Beef, Roast Beef, Raw

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

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

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

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

9,000 LB $________ $_________________

15B50526Q00000002 Page 5 of 47

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 9,000.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0188 Chicken Patty, 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 6,000.000000

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

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0189 Chicken, Breast Boneless

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

Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. Frozen commodity showing any evidence of defrosting, refreezing, or freezer

5,000 LB $________ $_________________

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15B50526Q00000002 Page 6 of 47 deterioration shall be rejected for use under this FPPS. Products produced or labeled with any phrase “under religious exemption” will be refused. No Sodium added. Size of chicken breast, 5 -7 ounce. Note size on the bid.

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 5,000.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0193 Pork Roast

Pork Roast, Pork Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Paper Wrapping, Weight Range A or B, 4 to 10

lb. Quote MUST indicate average roast weight of quoted item.

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 4,000.000000

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

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0195 Margarine, 5 Gram, Reddies /Case=1080 Ea.

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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 100.000000

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

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0196 Carrots, Canned 6-#10

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

280 CS $________ $_________________

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15B50526Q00000002 Page 7 of 47

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 280.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0197 Cornbread Mix, 50 lb. bag

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 30.000000

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

30 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0199 Dressing, Salad, Pourable, Regular, Lite or Light, Reduced Fat, or Fat Free, Any Flavor, Any Style. (CID A-A-20162B, Type I, II, III, or IV, Any Class, Any Style). 4/1 Gallon plastic containers per case.

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 80.000000

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

80 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0200 Dressing, Ranch, Gallons, 4-1 Gal per Case

Dressing, Salad, Pourable, Ranch; Regular, Lite or Light, Reduced Fat, or Fat Free (CID A-A-20162B, Type I, II, III, or IV, Class D). 1 Gallon or 4/1 Gallon plastic containers per case. Note Type on bid if not specified.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 100.000000

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

100 CS $________ $_________________

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15B50526Q00000002 Page 8 of 47

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0205 Fruit Cocktail, 6-#10 Cans

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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 21.000000

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

21 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0225 Green Beans, 6-#10 Cans

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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 336.000000

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

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0227 Lime Juice, Quarts

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 112.000000

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

112 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0228 224 CS $________ $_________________

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15B50526Q00000002 Page 9 of 47

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 only***

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 224.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0229 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type I, Style A, B, or C).

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,400.000000

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

2,400 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0230 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,000.000000

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

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0231 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 $________ $_________________

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15B50526Q00000002 Page 10 of 47

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 4,000.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0232 Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type XIII, Style A, B, or C).

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

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 1,500.000000

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

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0247 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 only***

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 280.000000

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

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0248 Sugar, White (Refined), Powdered or Confectioners (CID A-A-20135E, Type I, Style C)

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,500.000000

Delivery Address: Federal Bureau of Prisons FMC Carswell J Street

2,500 LB $________ $_________________

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15B50526Q00000002 Page 11 of 47

Building 3000 Fort Worth, TX 76127

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0250 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. (CID A- A-20091E, Type II, Style 1, Saturated fat level a, Agricultural practice (i)). Gallons, Half Gallons, 5 Gallon Containers, or 35 lb Containers. Note size of container and case size on bid.

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 144.000000

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

144 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0254 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 only***

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 448.000000

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

448 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0258 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 112.000000

Delivery Address: Federal Bureau of Prisons FMC Carswell J Street

112 CS $________ $_________________

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15B50526Q00000002 Page 12 of 47

Building 3000 Fort Worth, TX 76127

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0263 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 336.000000

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

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0268 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Enrichment type I). Bulk packaged.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 144.000000

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

144 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0269 Dairy, Milk, Pasteurized, Whole, or 2% Milkfat, No Flavor. (CID A- A-20338A, Group I, Type D, Flavor 5 - No Flavor, Packaging size c or d, Agricultural practice (1)). ½ Pint containers.

**Weekly Delivery of 6850 ea/week for 13 weeks. 10/5/25-1/3/26**

PSC: 8910

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 89,050.000000

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

89,050 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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0270 Dairy, Milk, Pasteurized, Nonfat, Skim, or Fat Free, No Flavor.

(CID A-A-20338A, Group I, Type D, Flavor 5 - No Flavor, Packaging size c or d, Agricultural practice (1)).

½ pint containers.

**Weekly Delivery of 150 ea/week for 13 weeks. 10/5/25-1/3/26**

PSC: 8910

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 1,950.000000

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

1,950 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0271 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,500.000000

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

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0272 Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID AA-20134D, Type I, Class J, Style 1, Nutrient content claim d, Agricultural practice (1)). 6/#10 cans per case

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 56.000000

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

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0273 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light ***50 lb bags only***

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1

10,000 LB $________ $_________________

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15B50526Q00000002 Page 14 of 47

Delivery Required On:

Quantity: 10,000.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0274 Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

***Individual- 3 oz cups/pouces only***. Product will not contain any animal by product or ingredients.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 15,000.000000

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

15,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0275 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) Note package size provided on bid.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 240.000000

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

240 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0276 Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon containers per case.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 40.000000

Delivery Address: Federal Bureau of Prisons FMC Carswell

40 CS $________ $_________________

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J Street Building 3000 Fort Worth, TX 76127

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0277 Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B).

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,500.000000

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

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0278 Syrup, Table, Regular only, 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 60.000000

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

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0279 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 or pouches per case. State can or pouch on bid.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 112.000000

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

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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15B50526Q00000002 Page 16 of 47

0280 Fruit, Apples, Sliced or Diced, Canned, U.S. Grade A, B, C, or U.S. Fancy. 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 14.000000

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

14 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0281 Fruit, Pineapple, Canned, Standards of Identity, Quality, and Fill of Container contained in 21 CFR 145.180 and 145.181, U.S. Grade A, B, or C, Slices, Half Slices, Broken Slices, Spears, Tidbits, Chunks, Cubes, or Crushed. 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 14.000000

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

14 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0282 Sauce, Soy, Fermented or Fermented, Reduced Sodium. (CID A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 60.000000

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

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0283 Juice, Lemon, Reconstituted, must comply with 21 Code of Federal Regulations (CFR) § 146.114. (CID A-A-20144C, Type I, 144 QT $________ $_________________ bop51659 Highlight bop51659 Highlight

15B50526Q00000002 Page 17 of 47

Style A, Package type 1 - Plastic bottle, Agricultural practice a - Conventional). Note package size on bid.

PSC: 8945

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 144.000000

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0284 Spices, Sage, Ground. (CID A-A-20001C, Type I, Spcie CC, 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 50.000000

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

50 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0285 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

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 4,000.000000

Delivery Address: Federal Bureau of Prisons

4,000 LB $________ $_________________

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FMC Carswell J Street Building 3000 Fort Worth, TX 76127

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0286 Meats, Frankfurters (Hot Dogs), Fully Cooked, Frozen, Turkey or Chicken (or combination thereof), 6 inch, 8:1 or 10:1 Ratio (must specify weight ratio on bid), Skinless, Without non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, dried whole milk, and/or calcium-reduced dried skim milk. (IMPS 800, Major Ingredient P or P1 OR CID A- A-20341A, Type IV, Byproducts or variety meats A - None, Curing agents 2 - Cured, Non-meat binders and extenders (a) or (b), Nutrient content claim (1) or (2), Links per pound of meat ratio (iii) or (iv), Package size (gg), Agricultural practice 1). The finished product shall not contain more than 30 percent fat or no more than 10 percent added water, or a combination of 40 percent fat and added water. Non-meat binders and extenders may be used up to 3.5 percent individually or collectively with other binders and extenders in the frankfurters per 9 CFR §

424.21 (c). All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Standards and Labeling Policy.

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

PSC: 8905

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 2,000.000000

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

2,000 LB $________ $_________________

15B50526Q00000002 Page 19 of 47

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;

15B50526Q00000002 Page 20 of 47

(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.

15B50526Q00000002 Page 21 of 47

(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

15B50526Q00000002 Page 22 of 47 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)…

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