15B50527Q00000002. 1st QTR FY27 National Menu Solicitation.pdf

15B50527Q00000002 Page 1 of 39

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B50526PR000426

PAGE 1 OF

5. SOLICITATION NUMBER

15B50527Q00000002

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/24/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Eliud Karua ekarua@bop.gov

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

TIME

09/04/2026 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:

700 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B505CODE15. DELIVER TO

Federal Bureau of Prisons FMC Carswell Food Service Department 1200 Meandering Rd Fort Worth, TX 76114

Food Service Warehouse 817-782-4268

CODE 15B50516. ADMINISTERED BY

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

X

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

FMC Carswell 1ST QTR FY27 National Menu Solicitation

Delivery Period Requested: October 1, 2026 - October 23, Delivery Address: 1200 Meandering Road Fort Worth, Texas 76114

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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

ENTITY NAME: __________________________________

UEI ID: _________________________________________

DUNS ID:_______________________________________

EMAIL ADDRESS: _______________________________

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15B50527Q00000002 Page 2 of 39

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

15B50527Q00000002 Page 3 of 39

Table of Contents

Section Description Page Number

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

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

2023) (DEVIATION NOV 2025)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.225-1 (DEV) Buy American-Supplies (Oct 2022) (DEVIATION DEC 2025) 52.226-6 (DEV) Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(DEVIATION AUG 2025)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020) (DEVIATION DEC 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) DOJ-05 Security of Department Information and Systems (APR 2026)

3 List of Attachments 4 Solicitation Provisions

52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (Sep

2023) (DEVIATION NOV 2025)

52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025) 52.219-1 Alt II (DEV) Small Business Program Representations (Feb 2024) - Alternate II (Mar

2023) (DEVIATION DEC 2025)

52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)

(DEVIATION NOV 2025)

15B50527Q00000002 Page 4 of 39

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0173 Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 5,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0177 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 8,250.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

8,250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0179 Beans, Dry, Great Northern, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,500.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

2,500 LB $________ $_________________

15B50527Q00000002 Page 5 of 39

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0188 Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062F, Type I - Macaroni, Elbow Form. 1 lb to 40 lb sealed bags.

Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062F, Type I - Macaroni, Elbow Form. The unit of elbow macaroni must be elbow-shaped., Style A - Regular, Enrichment type (A) - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0189 Pasta, Lasagna Noodles, Wavy or Flat Form, Regular. (CID A- A-20062F, Type VIII - Lasagna, Wavy or Flat Form., Class 1 Wavy Lasagna.

1 lb to 40 lb sealed bags.

The two long edges must be ridged or rippled throughout the length of the unit. or Class 2 - Flat Lasagna. The edges must be cut straight., Style A - Regular, Enrichment type (A) - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 1,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0193 Pasta, Macaroni, Rotini Form, Regular. (CID A-A-20062F, Type V Macaroni Product, Rotini Form. 1 lb to 40 lb sealed bags.

The unit of rotini must be spiral or twist-shaped., Style A - Regular, Enrichment type (A) - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

1,500 LB $________ $_________________

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Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 1,500.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0195 Pasta, Spaghetti, Long Form, Regular. (CID A-A-20062F, Type VI Spaghetti, Long Form. 1 lb to 40 lb sealed bags.

The unit of spaghetti must be solid and cylindrical shaped., Style A - Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165), Agricultural practice (1) - Conventional. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0196 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,500.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0197 Hominy Grits, Enriched, White, Regular, Unflavored (CID A- A-20035E, Type I White, enriched (21 Code of Federal Regulations (CFR) § 137.260), Style A - Regular, Flavor 1 - Unflavored, Agricultural practice (i) - Conventional).

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,500.000000

2,500 LB $________ $_________________

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Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0205 Cereal, Rolled Oats, Quick cooking, Unflavored, Regular, Any container size. Specify container size on bid.

(CID A-A-20090J, Type II - Quick cooking, Flavor A - Unflavored, Style 1 - Regular, Container size n - Other (as specified by the purchaser) Agricultural practice (i) - Conventional).

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 2,500.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0225 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. Note size of container and case size on bid.

(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.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 140.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

140 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0228 Shortening, General Purpose, (CID A-A 20100D, Type I).

50 pound block.

The general-purpose shortening must be prepared from deodorized vegetable fats and oils, which include, but are not limited to, palm oil, palm kernel oil, canola oil, or a combination of these oils. The general-purpose shortening may be processed by hydrogenation or interesterification. The product may contain antioxidants.

Antifoaming agents must not be incorporated into the shortening.

50-pound block.

PSC: 8945

3,000 LB $________ $_________________

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Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 3,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0229 Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

***Individual 2-3 oz cups only***. Quote must specify case size.

Product will not contain any animal by product or ingredients.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 25,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0247 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. 6/#10 cans per case.

Minimum drain weight 64 oz. U.S. Grade A, U.S. Grade C or U.S.

Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 56.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0248 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

PSC: 8915

63 CS $________ $_________________

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Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 63.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0250 Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can. 6/#10 cans per case.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 280.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0254 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Tye. 6/#10 cans per case.

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Tye, Good to reasonably good character (A or B), Minimum drain weighs 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.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 336.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0263 Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut.

6/#10 cans per case.

280 CS $________ $_________________

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Minimum drain weighs 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.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 280.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0268 Vegetable, Spinach, cut leaf or Sliced, Chopped, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. 6/#10 cans per case.

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.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 313.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

313 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0269 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. 6/#10 cans per case

(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.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 224.000000

Delivery Address:

Federal Bureau of Prisons FMC Carswell J Street Building 3000

224 CS $________ $_________________

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Fort Worth, TX 76127

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0270 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.

PSC: 8915

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 224.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0274 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

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 96.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

96 QT $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0275 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

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 96.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

96 QT $________ $_________________

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0279 Soup Base, Bouillon, Chicken Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. Specify case weight on bid.

(CID A-A-20202B, Type II, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 600.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

600 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0282 Spices, Pepper, Black, Ground. (CID A-A-20001C, Type I, Spice X, Form 1, Agricultural practice (i)). ***1 lb sealed plastic containers or boxes only ***. Note package size on bid. Note price by the pound.

Packaging must indicate actual delivered weight of product. Pure -no additives, extenders, foreign matter, or flow agents.

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 420.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

420 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0284 Pudding, individual cups, 3 oz, vanilla flavor

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 15,360.000000

15,360 EA $________ $_________________

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Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0296 Meats, Beef, Ground, 80% Lean, IMPS 136, delivered Frozen.

Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning. Note weight of packaging and case size on bid.

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

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 5,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0298 Meats, Beef, Ground, Patties, *** 5 oz only*** IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen.

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

MUST BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH

THE DATE CLEARLY ON THE LABEL, (NO STAMPED OR

WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 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. ***5 oz only***

PSC: 8905

Line Period of Performance: 10/01/2026 - 10/23/2026

5,000 LB $________ $_________________

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Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 5,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0299 Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen. Size of chicken breast, 5 -7 ounce. Note size on the bid.

Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and 70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality. All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection. The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order.

Frozen commodity when specified in the Solicitation, shall be processed, packaged and packed, and placed in a freezer within 7 calendar days after the date of harvest. Product must be produced under FSIS pathogen reduction standards, as specified in 9 CFR § 381. Boneless, skinless breasts must be free of cartilage, fat, holes, tendons, bone pieces, blood clots, bruises, cuts, tears, and muscle mutilations. Slight discolorations is permitted, provided it does not detract from the appearance of the product. Unbreaded.

– All packaging materials shall comply with FSIS regulations (9 CFR § 381.144 Packaging Materials). All packaging and packing materials must be clean and in new condition, shall not impart objectionable odors or flavors to the commodity, shall be safe for use in contact with food products (cannot adulterate product or be injurious to health). Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil;

and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS.

Products produced or labeled with any phrase “under religious exemption” will be refused. No Sodium added. Size of chicken breast, 5 -7 ounce. Note size on the bid.

PSC: 8905

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 5,000.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0300 Gelatin, Orange, state case count and pack size

PSC: 8905

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

40 CS $________ $_________________

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Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 40.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0302 Gelatin, Lemon, state case count and pack size

PSC: 8945

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 40.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

40 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0303 Cereal, Corn Flakes, bulk, 10-40 lb boxes

PSC: 8920

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 800.000000

Delivery Address:

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

8177824268 jmalave@bop.gov

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0304 Eggs, Pasteurized, Liquid, Frozen. Specify case size on bid.

PSC: 8910

Line Period of Performance: 10/01/2026 - 10/23/2026

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Period: 10/01/2026 - 10/23/2026 Quantity: 7,200.000000

Delivery Address:

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

7,200 LB $________ $_________________

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1.1 Solicitation Terms

• SAM.gov Registration: The Offeror/Contractor MUST have an active registration in the System for Award Management (SAM.gov) at the time of bid/offer submission and must maintain an active status throughout the entire performance period of any resulting contract.

• Small Business Set-Aside: This solicitation is a 100% Total Small Business Set-Aside. Offerors are solely responsible for ensuring that their small business representations and certifications are current and accurately reflected within their SAM.gov entity profile.

• RFQ Compliance: Offerors must thoroughly review the entire Request for Quotes (RFQ) and respond in strict accordance with all stated specifications. Failure to confirm compliance or provide the requested technical data may result in the immediate rejection of the proposal.

• Pricing Precision: Offer and extended bids may be submitted up to a maximum of four (4) decimal places.

• Shipping Terms: All offeror/bids must be submitted on an F.o.b. Destination basis.

• Product Quality and Packaging Requirements: All items supplied must strictly adhere to the National Menu specifications.

• Products must bear a legible expiration date extending at least six (6) months beyond the date of delivery; items failing to meet this threshold will be rejected.

• Cases, boxes, and outer packaging must be professionally and properly labeled. Hand-written, modified, or scratched-off product identifiers are strictly prohibited.

• Dented cans or structurally compromised packaging will not be accepted.

• Evaluation Criteria: Award will be made to the responsible offeror whose quote represents the Best Value to the Government, price and other factors considered. The Government will evaluate quotes based on three equally important factors:

1. Lowest Price

2. Past Performance

3. Technical Conformance to the Requested Items Specifications

• Availability of Funds (RFO 52.232-18): Funds are not presently available for this acquisition. The Government's obligation under this solicitation 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.

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Section 2 - Contract Clauses

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

2023) (DEVIATION NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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—

15B50527Q00000002 Page 18 of 39

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 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 FAR part 32).

(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 termination for cause.

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(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 for interest credits prescribed in FAR part 32 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 and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

and 41 U.S.C. chapter 21 relating to procurement integrity.

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

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(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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, 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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.