15B51426Q00000011.pdf

15B51426Q00000011 Page 1 of 46

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B51426Q00000011

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/20/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

T. Jiles

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

TIME

05/27/2026 10:00 CT

CODE 15B514

Federal Bureau of Prisons

FCI Seagoville

2113 N HWY 175

SEAGOVILLE, TX 75159-2237

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:

13.0

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

CODE15. DELIVER TO CODE 15B51416. ADMINISTERED BY

Federal Bureau of Prisons FCI Seagoville

2113 N HWY 175

SEAGOVILLE, TX 75159-2237

C. Gonzalez

(O) 972-287-6746 c9gonzalez@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

4th Quarter - National Menu FY2026 FCI Seagoville

UEID#:________________________

PHONE#:______________________

EMAIL:_______________

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Federal Bureau of Prisons

FCI Seagoville

2113 N HWY 175

SEAGOVILLE, TX 75159-2237

15B51426Q00000011 Page 2 of 46

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

15B51426Q00000011 Page 3 of 46

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)

52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025) (DEVIATION DEC 2025) 52.232-18 Availability of Funds (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems (OCT 2023)

3 List of Attachments 4 Solicitation Provisions

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

2023) (DEVIATION NOV 2025)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025) 52.219-1 (DEV) Small Business Program Representations (Feb 2024) (DEVIATION DEC 2025) 52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)

(DEVIATION NOV 2025)

15B51426Q00000011 Page 4 of 46

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, Dry, Black Eyed Peas, U.S. Grade 1 - 3.

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

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3.

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

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Beans, Dry, Lentils, Whole, U.S. Grade 1 - 3.

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

PSC: 8945

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beans, Dry, Pea (Navy), Whole, U.S. Grade 1 - 2.

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

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3.

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

PSC: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Beans, Kidney, Dark Red, Canned.

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

PSC: 8945

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Beans, Black, Canned.

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

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light.

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

PSC: 8945

10,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Pasta, Macaroni, Elbow. 750 LB $________ $_________________

15B51426Q00000011 Page 5 of 46

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). 20 lb to 40 lb sealed bags.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Pasta, Lasagna Noodles.

Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VIII, Class 1 of or 2, Style A, B, or C). Enrichment type (A). 20 lb to 40 lb sealed bags.

PSC: 8945

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Pasta, Macaroni, Rotini.

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). 20 lb to 40 lb sealed bags.

PSC: 8945

750 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Pasta, Spaghetti.

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). 20 lb to 40 lb sealed bags.

PSC: 8945

5,460 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Corn Meal, White or Yellow.

Corn Meal, Degermed (lower fat), Enriched, White or Yellow, Course Granulation (CID A-A-20066C, Type IV, Class C, Color 1 or 2, Granulation a, Agricultural practice a).

PSC: 8945

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Flour, All Purpose.

Flour, All Purpose wheat flour, or Bakers Wheat Flour, Unbleached or Bleached. (CID A-A-20126H, Type I (Class 1-3), II (Class 1-2) or III (Class 1-5) VI, Style A or Style B, Protein level a-d, Packaging type 1) Size g-j, Agricultural practice i ). 50 lb bags.

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Cereal, Wheat, Bran Flakes.

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A-A-20000E, Type I, Class 5, Grain Composition a or b, Fiber 2), Sodium (a), Packaging type (vii), Agricultural practice (aa)). Bulk package range 20 to 40 lb case. Specify case weight on bid.

PSC: 8945

4,780 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Hominy Grits, White.

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

PSC: 8945

1,500 LB $________ $_________________

0017 Cereal, Rolled Oats. 2,000 LB $________ $_________________

15B51426Q00000011 Page 6 of 46

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

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Peanut Butter, Smooth, Plain.

Peanut Butter, Regular or Reduced Fat, Smooth, Plain, Stabilized, Non-fortified, Salted or Unsalted, Conventional. (CID A-A-20328C, Style I, Form (a) or (b), Class A or B, Texture 1 or 3, Type a, Flavor (1), Fortification 1 i, Seasoning (a) or (b), Packaging 5 - size g, Agricultural practices (1)). 5 to 50 lb sealed Plastic Pail. Specify weight of container on bid.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Oils, Salad.

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

PSC: 8945

30 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Butter, Bulk.

Butter, Bulk (Made exclusively from milk or cream or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 percent by weight of milkfat). U.S. Grade AA, A, or B. As defined in 7 CFR 58.2621-2627. State case size and pack on bid.

PSC: 8945

720 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Butter, Reddies, 5 gm.

Butter, Reddies. 90 patties per lb on paper chips, 5 grams each.

(Made exclusively from milk or cream or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 percent by weight of milkfat). U.S.

Grade AA, A, or B. As defined in 7 CFR 58.2621-2627. State case size and pack on bid.

PSC: 8945

336,850 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Dressing, Mayonnaise.

Dressing, Mayonnaise (21 Code of Federal Regulations (CFR) § 169.140), Regular, Reduced Fat, Fat Free, or Light (CID A- A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a). 4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable. Note Style on bid if not specified.

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Dressing, Salad, Thousand Island.

Dressing, Salad, Pourable, Regular, Lite or Light, Reduced Fat, or Fat Free, Thousand Island, Creamy. (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

45 CS $________ $_________________

15B51426Q00000011 Page 7 of 46

0024 Sugar, White.

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

PSC: 8945

750 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Taco Shells, Corn.

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

PSC: 8945

18,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Tortilla Chips, Corn.

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

PSC: 8945

15,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Tomato, Catsup.

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

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Tomatoes, Canned, Diced.

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: 8945

224 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Tomato, Paste.

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 per case.

PSC: 8945

65 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Vegetable, Beans, Green, Canned.

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Tye, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

PSC: 8945

593 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Vegetable, Beets, Canned.

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

Grade A, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

PSC: 8945

60 CS $________ $_________________

15B51426Q00000011 Page 8 of 46

0032 Vegetable, Carrots, Canned.

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

PSC: 8945

503 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Vegetable, Corn, Whole Kernel, Canned.

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR

155.130. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case or 6/75 oz vac-pack cans per case.

PSC: 8945

479 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Vegetable, Mixed, Canned.

Vegetable, Mixed (5-7 way blend mix including carrots, potatoes, green beans, peas, corn, lima beans, and celery), Canned, With Salt, With Salt and onion flavoring, No Salt Added, Low Sodium, or Other. (CID A-A-20120F, Type I, Type II, Style A, B, C, D, or E;

Container size 4). Minimum drain weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

PSC: 8945

292 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Vegetable, Peas, Sweet, Canned.

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: 8945

364 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Vegetable, Spinach, Canned.

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

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Sauce, Hot, Canned.

Sauce, Hot, Green, Chipotle, Habanero, Buffalo-style, or Other.

(CID A-A-20097G, Type I, III, IV, V, IX, or XI, Agricultural practices A). 4/1 gallon plastic containers per case, 6/#10 cans per case or Each. Specify size and/or case on bid.

PSC: 8945

64 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Spices, Baking Powder.

Spices, Baking Powder, Single Action, shall be manufactured from clean, white, free-flowing, highly purified, food grade materials and shall be comprised of acid-reacting materials, sodium bicarbonate, and cornstarch. Note price by the pound.

50 LB $________ $_________________

15B51426Q00000011 Page 9 of 46

0039 Spices, Bay Leaves, Whole.

Spices, Bay Leaves, Whole (CID A-A-20001C, Type I, Spice D, Form 2, 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

6 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Spice, Chili Powder.

Spice, Chili Powder Blend, Ground, (CID A-A-20001C, Type II, Blend D, Salt-free Seasoning (6) -Other (as specified by the purchaser), Agricultural practice (i)). Blend shall have a reddish brown color and be free from lumps. The chili powder blend should include, but is not limited to, the following ingredients: ground chili pepper, cumin, oregano, salt, and garlic powder. Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients. 1/2 oz. to 50 lb sealed containers. Note price by the pound.

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Spices, Garlic.

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

Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic. No off notes. Texture - A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1 lb to 6 lb sealed plastic containers or boxes. Note package size on bid. Note price by the pound.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Garlic Salt.

Garlic Salt, Packaging must be Labeled With Ingredients and Actual Delivered Weight of Product, Pure, From Dehydrated Garlic Bulb Ground to a Fine Powder, 100% Air Dried Garlic After the Milling Process, Appearance - Cream Brown Fine Powder With The Characteristic Odor and Flavor of Garlic. No Off Notes, Texture - A Dry Medium Fine Granular Powder, Slightly Fibrous, Moisture - No More That 12%, Grade - Free From Foreign Matter.

Pure Spice - no additives or extenders. Packaging: 1/2 oz to 50 lb sealed containers Note package size on bid. Note price by the pound.

PSC: 8945

6 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Spices, Pepper, Red.

Spices, Pepper, Red, Crushed. (CID A-A-20001C, Type I, Spice Y, Form 1 or 3, Agricultural practice (i)). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1 oz to 6 lb sealed plastic containers or boxes. Note package size on bid. Note price by the pound.

PSC: 8945

48 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Meats, Beef, Ground.

Meats, 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

4,000 LB $________ $_________________

15B51426Q00000011 Page 10 of 46 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: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Meats, Beef, Ground, Patties.

Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen. Ground Beef Patties shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material.

Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST BE 6 MONTHS OR YOUNGER UPON

DELIVERY WITH THE DATE CLEARLY ON THE LABEL, (NO

STAMPED OR WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 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. Size of patty to be determined locally and size noted on bid.

PSC: 8945

8,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Meats, Beef Roast.

Meats, Beef Roast, Raw, Beef Top or Bottom Round (Gooseneck), or Strip Loin, Boneless. IMPS 168 -Round, Top (Inside), Untrimmed, 169 - Round, Tip (Inside), 169A - Round, Tip (Inside), Cap Off, 170 - Round, Bottom (Gooseneck), 170A - Round, Bottom (Gooseneck), Heel Out, 171B - Round, Outside Round (Flat), 180 - Loin, Strip Loin, Boneless. Frozen, weight range approximately 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

PSC: 8945

6,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Meats, Chicken Breast, Boneless, Skinless, Raw.

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-

5,000 LB $________ $_________________

15B51426Q00000011 Page 11 of 46 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: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Meats, Chicken, Boneless, Skinless, Raw.

Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Boneless, skinless breasts must be free of cartilage and fat. Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted. Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process. Unbreaded.

Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8945

12,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Meats, Chicken, Leg Quarter, Raw.

Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, Unbreaded. "Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached. Delivered amounts of Leg Quarter portions can be random sizing, with the portion size not to be smaller than 12 ounces and not to exceed 16 ounces. Packed in poly bag boxes.

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

All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused. Packaging 4/10 pound bag per case.

PSC: 8945

8,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Meats, Chicken, Filet, 4-5 oz.

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

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

Manufacturer’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

PSC: 8945

3,000 LB $________ $_________________

0051 Meats, Fish Fillets, Raw. 5,000 LB $________ $_________________

15B51426Q00000011 Page 12 of 46

Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, or Flounder. (Grade Standards are separate for Cod, Flounder, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing. 100% net weight, No water or glaze weight added. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 4 to 7 oz.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Meats, Pork, Boneless, Raw.

Meats, 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: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Meats, Turkey, Boneless, Roast, Raw.

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

70.200 et seq. Breast meat or breast/thigh meat (8-12 lb each) or whole muscle thigh meat (6 lb each). Skin (Maximum) 12.5%.

Packaging shall be neat and attractive. The consumer pack turkey and turkey roasts must not be processed and packaged more than 90 calendar days prior to the first date of the delivery period.

Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8945

11,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Cheese, Cheddar.

Cheese, Cheddar, U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113), Style D - Shredded, frozen (5 lb) box, K - Other (Shredded, frozen, 10 lb to 40 lb) box, Shred size 1, 2, or 3, Agricultural practice (a) - Conventional. “Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 133.113). Manufacturer’s letters will NOT be accepted in lieu of labeling. Packaging: 20 lb to 40 lb sealed Bags or containers.

PSC: 8945

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 Cheese, Mozzarella.

Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella. (CID-A- A-20248C) The mozzarella cheese must conform to the following list. Type I, II, III, or IV. Style J - Other (Shredded, individually quick frozen (IQF) - (5 lb to 40 lb) box). Shred size 1,2, or 3.

Agricultural practice a. Milk fat range between 30.0 to 45.0 to

60.0 % on a dry basis depending on type. Moisture content range between 45.0 to 60.0 % depending on type. All ingredients must be declared by their common or usual name in descending order of predominance by weight. Manufacturer’s letters will NOT be accepted in lieu of labeling. Type and Style to be determined locally and size noted on bid. Packaging of Primary Container: 20 lb to 40 lb sealed Bags or containers.

3,600 LB $________ $_________________

15B51426Q00000011 Page 13 of 46

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 Bread, Roll, Hot Dog.

Bread, Roll, Enriched, Finger (Hot Dog), Whole wheat, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053C, Type I - Meet the standard for enrichment in 21 Code of Federal Regulations (CFR) §136.115, Enriched bread, rolls, and buns, Class of Roll D - Finger (hot dog), Style of roll 4 - Other (as specifiec by the purchaser) Whole wheat, Bake Type a - Pan baked, Slice Type 1) - Sliced, Product State a) - Fresh (21 CFR §101.95), Seed type (1) - Seedless, Agricultural practice (i) - Conventional). Fresh bread shall be delivered within 48 hours after baking. State package size on bid. EACH REFERS TO EACH PACKAGE OF 12 BUNS.

PSC: 8945

2,133 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 Bread, Roll, Hamburger.

Bread, Roll, Enriched, Sandwich (Hamburger), Whole Wheat, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053C, Type I - Meet the standard for enrichment in 21 Code of Federal Regulations (CFR) §136.115, Enriched bread, rolls, and buns, Class of Roll C - Sandwich (hamburger), Style of Roll 2 - Whole wheat, Bake Type a - Pan baked, Slice Type 1) - Sliced, Product State a) - Fresh (21 CFR §101.95), Seed type (1) - Seedless, Agricultural practice (i) - Conventional). Fresh bread shall be delivered within 48 hours after baking. State type and package size on bid. EACH REFERS TO

EACH PACKAGE OF 12 BUNS.

PSC: 8945

3,348 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 Bread, Sliced, Loaf.

Bread, Whole Wheat, Unseasoned, Fresh, 24 OZ (22 SLICE), Pan Baked, Sandwich, Sliced, Enriched, Seedless. (CID A-A-20052C, Type II - Whole Wheat (21 CFR §136.180), Product State 1 - Fresh (21 CFR §101.95), Loaf Size a, b, c, d, e, or f- Other (as specified by the purchaser), Bake Type 1) -Pan baked, Shape

a) - Round top or Shape b) - Sandwich, Slice Type (1) - Sliced, Enrichment Type (a)-Meet the standard for enrichment in 21 CFR §136.115, Enriched bread, rolls, and buns, Seed Type (ii) - Seedless, Agricultural practice i) - Conventional). Fresh bread shall be delivered within 48 hours after baking. State type and loaf size on bid. EACH REFERS TO EACH LOAF.

PSC: 8945

12,510 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 Disposable Food Tray.

Disposable Food Tray, with lid, 3 compartment, white.

PSC: 8945

10,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 Spice, Basil, Sweet, Leaf.

Spice, Basil, Sweet, Leaf. Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients. 1 lb to 6 lb sealed containers.

PSC: 8945

6 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Beverage Mix.

Beverage Mix, Assorted Flavors, 5oz Packs, Each 5 oz packs is to make 5 gallons.

PSC: 8945

5,400 EA $________ $_________________

15B51426Q00000011 Page 14 of 46

0062 Dressing, Salad, Caesar.

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

Note Type and Style on bid if not specified.

PSC: 8945

25 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 Dressing, Salad, Ranch.

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).

1Gallon or 4/1 Gallon plastic containers per case. Note Type on bid if not specified.

PSC: 8945

60 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Pimentos, Canned.

Pimentos, Canned, as such product is defined in the Standards of Identity for Canned Pimentos (21 CFR 155.200). Pieces, Slices, Diced or Chopped. US Grade A or Grade C. 6/10 CANS.

PSC: 8945

5 CS $________ $_________________

Failure to comply with the National Menu Specifications will result in your quoted item not being considered for award.

Final day for deliveries 06/26/2026

15B51426Q00000011 Page 15 of 46

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—

15B51426Q00000011 Page 16 of 46

(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.

15B51426Q00000011 Page 17 of 46

(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)…