15B51525Q00000010 SUBSSTENCE - 3rd Qtr FY2025.pdf

15B51525Q00000010 Page 1 of 57

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

15B51525Q00000010

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/30/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Galo Morlet gmorlet@bop.gov

b. TELEPHONE NUMBER (No collect calls)

903-838-4587 x161

8. OFFER DUE DATE / LOCAL

TIME

02/18/2025 15:00 CT

CODE 15B515

Federal Bureau of Prisons

FCI Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501

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):

311991

SIZE STANDARD:

500 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B515CODE15. DELIVER TO CODE 15B51516. ADMINISTERED BY

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501

Galo Morlet

(O) 903-838-4587 gmorlet@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BTEXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Texarkana

PO BOX 9500

Texarkana, TX 75505-9500

(O) 903-838-4587

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 04/15/2025

SUBSISTENCE - 3rdQtr FY2025 Delivery of items must be no later than April 15, 2025 to avoid cancellation.

ITEMS 1-20, ITEMS 21-29 and ITEMS 30-31 WILL

BE AWARDED AS GROUPS TO ONE OR MORE

VENDORS.

ITEMS MUST MEET SPECIFICATIONS TO BE

CONSIDERED.

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

X ARE 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 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)

Galo Morlet

31c. DATE SIGNED

1/30/2025

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 Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501 tex-procurementprop-s@bop.gov

UEI:

E-MAIL:

X

15B51525Q00000010 Page 2 of 57

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

15B51525Q00000010 Page 3 of 57

Table of Contents

Section Description Page Number

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

52.252-6 Authorized Deviations in Clauses (Nov 2020) 52.232-18 Availability of Funds (Apr 1984) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.252-4 Alterations in Contract (Apr 1984)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS

(APR 2011)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

3 List of Attachments 4 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.204-7 System for Award Management (Nov 2024) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.252-3 Alterations in Solicitation (Apr 1984) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

15B51525Q00000010 Page 4 of 57

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Tomatoes, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Tomato Catsup, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

As defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Tomatoes, Crushed, Peeled, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

Tomato Soluble Solids (TSS) 12% or Greater; U.S. Grade A and B, Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree;

Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7

CFR 52.5168.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Tomato Paste, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Garbanzo Beans (Chick Peas), Canned, In Brine, Meatless, 6/#10 cans per case. 0001 thru 0020 will be awarded as a group to one vendor.

(CID AA-20134D, Type I, Class J, Style 1, Nutrient content claim d, Agricultural practice (1)).

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Green Beans, Canned. 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

(CID AA-20134D, Type I, Class J, 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 CFR155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

282 CS $________ $_________________

15B51525Q00000010 Page 5 of 57

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. 6/#10 cans per case. 0001 thru 0020 will be awarded as a group to one vendor.

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: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Carrots, Canned, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Corn, Whole Kernel (Whole Grain), Canned, 6/#10 cans/case.

0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

336 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Mixed Vegetables, , 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

(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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Sweet Peas, Canned, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Spinach, Cut leaf or Sliced, Chopped, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

112 CS $________ $_________________

15B51525Q00000010 Page 6 of 57

0013 Potatoes, White, Dehydrated, bulk. 40 to 50 # BAGS (state bag size on bid). Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

Mashed, Granules or Flakes without or with peel. (CID A- A-20032G, Type II, Style A, B, or C). Product label must have rehydration instructions and yield amounts.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light.

50 lb/bg. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

7,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Black Beans, Dry, Whole, U.S. Grade 1 - 3. 50 lb/bg. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Black Eyed Peas, Dry. U.S. Grade 1 - 3. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Navy Beans, Whole,, Dry. U.S. Grade 1 - 2. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

550 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Pinto Beans, Whole, Dry. U.S. Grade 1 - 3. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Soy Protein Products (SPP), Meat Flavor, Chunks. 40 to 50 lb/bag.

Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil, carbohydrates) in a manner to achieve a protein content of:

– in the case of soy protein flour (SPF) 50% or more and less than 65%;

– in the case of soy protein concentrate (SPC) 65% or more and less than 90%;

– in the case of soy protein isolate (SPI) 90% or more.

The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging, with chunks averaging from ½” to 1” in size. Product will not contain any animal by products or ingredients.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

50 LB $________ $_________________

15B51525Q00000010 Page 7 of 57

0020 Hominy Grits, Enriched, White or Yellow, Regular, Unflavored (CID A-A-20035E, Type I or II, Style A, Flavor 1). 40 to 50 lb/bag. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Vinegar Distilled, 50 Grain Strength, 4/1 Gallon containers per case. 0021 thru 0029 will be awarded as a groupe to one vendor.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

16 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Margarine, Bulk, All Vegetable. (Packaged in 30lb/case). Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part 166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

3,900 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Chili Powder Blend spice, Ground (packaged in 25 to 50 lb sealed containers). Price per pound. 0021 thru 0029 will be awarded as a groupe to one vendor.

(CID A-A-20001B, Type II, Class A). 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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Basil, Sweet, Ground or Crushed. 5 to 50 lb sealed plastic containers or boxes. Note container size on bid. Price per pound.

0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class C, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

40 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Bay Leaves, Whole. 1 to 5 lb sealed plastic containers or boxes.

0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class D, Form 2). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

5 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Cumin, Ground. 25 to 50 lb sealed plastic containers or boxes.

Note container size on bid. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class L, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

150 LB $________ $_________________

15B51525Q00000010 Page 8 of 57

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Onion Powder. 25 to 50 lb sealed plastic containers or boxes.

Note container size on bid. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

From dehydrated onion 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 onion. 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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Salt, Food Grade or Table, Iodized. Bulk. 40 to 50 lb bag. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

Packaging must indicate actual delivered weight of product. Pure

- no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Garlic Powder. 25 to 50 lb sealed plastic containers or boxes.

Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

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.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

600 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Spaghetti Pasta, 10 lb to 20 lb sealed bags. Price per pound. 0030 thru 0031 will be awarded as a group to one vendor.

Long Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VI, Style A, B, or C). Enrichment type (A). 10 to 20lb sealed bags.

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Macaroni Pasta. 10 to 400 lb sealed bags. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

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

PSC: 8945

Line Period of Performance: 04/01/2025 - 04/15/2025

1,200 LB $________ $_________________

NATIONAL MENU SPECIFICATIONS QUOTE SHEET

Institution: Fiscal Year: Quarter:

2,025 3rd

Unit of Units to Price Per Issue Order Unit Total

Tomatoes, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 280

2 Tomato Catsup, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

As defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C.

CS 112

Tomatoes, Crushed, Peeled, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

Tomato Soluble Solids (TSS) 12% or Greater; U.S. Grade A and B, Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168.

CS 56

Tomato Paste, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 56

Garbanzo Beans (Chick Peas), Canned, In Brine, Meatless, 6/#10 cans per case. 0001 thru 0020 will be awarded as a group to one vendor.

(CID AA-20134D, Type I, Class J, Style 1, Nutrient content claim d, Agricultural practice (1)). CS 56

Green Beans, Canned. 6/#10 cans/case.

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.

CS 282

Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. 6/#10 cans per case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 56

Carrots, Canned, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 280

Corn, Whole Kernel (Whole Grain), Canned, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 336

Mixed Vegetables, , 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

(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.

CS 168

Sweet Peas, Canned, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 112

Spinach, Cut leaf or Sliced, Chopped, 6/#10 cans/case. 0001 thru 0020 will be awarded as a group to one vendor.

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.

CS 112

Potatoes, White, Dehydrated, bulk. 40 to 50 # BAGS (state bag size on bid). Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

Mashed, Granules or Flakes without or with peel. (CID A-A-20032G, Type II, Style A, B, or C). Product label must have rehydration instructions and yield amounts.

LB 500

14 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light. 50 lb/bg. Price per pound. 0001 thru 0020 will be awarded as a groupe to one vendor.

LB 7,500

15 Black Beans, Dry, Whole, U.S. Grade 1 - 3. 50 lb/bg. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor. LB 1,000 16 Beans, Dry, Black Eyed Peas, U.S. Grade 1 - 3. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor. LB 300 17 Beans, Dry, Bean (Navy), Whole, U.S. Grade 1 - 2. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor. LB 550 18 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor. LB 5,000

Soy Protein Products (SPP), Meat Flavor, Chunks. 40 to 50 lb/bag. Price per pound. 0001 thru 0020 will be awarded as a group to one vendor.

Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil, carbohydrates) in a manner to achieve a protein content of:

– in the case of soy protein flour (SPF) 50% or more and less than 65%;

– in the case of soy protein concentrate (SPC) 65% or more and less than 90%;

– in the case of soy protein isolate (SPI) 90% or more.

The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging, with chunks averaging from ½” to 1” in size. Product will not contain any animal by products or ingredients.

LB 50

20 Hominy Grits, Enriched, White or Yellow, Regular, Unflavored (CID A-A-20035E, Type I or II, Style A, Flavor 1). 40 to 50 lb/bag. Price per pound.

0001 thru 0020 will be awarded as a group to one vendor.

LB 2,500

FCI TEXARKANA, 4001 LEOPARD DR, TEXARKANA, TX 75501

Line 1 thru 20 will be awarded to one vendor.

The delivered item(s) must comply with all applicable Federal, State, and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sale of the supplies in the commercial marketplace. Delivered item(s) must comply with all applicable provisions of the Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling Act, and regulations promulgated thereunder. When a known allergen is included in the item(s), the item(s) must comply with the allergen labeling requirements of the FD&C Act. Major allergens identified in the FD&C Act include: wheat, fish, milk, soy, tree nuts, eggs, peanuts, shellfish, and sesame or those in effect on the date of the solicitation, contract, or purchase order. Failure to comply with the National Menu Specifications will result in your quoted item not being considered for award. No specification substitutions will be accepted. If a specification does NOT state it must be a product of the United States or Canada, it is acceptable for it to be a "product of" a Foreign Country and distributed in the United States or Puerto Rico. When options are offered on the specifications, it is the FSA's determination as to what options are put out to bid. Not all options need be put out for bid. (i.e., cans and pouches). Items that are fried may be baked at the institutions discretion. The NFSA/Chief Dietitian will make the final determination on product compliance.

Item DescriptionNumber

15B51525Q00000010

SUBSISTENCE

Page 1 of 5 July 2023

BOP24572

Line

BOP24572

Line

NATIONAL MENU SPECIFICATIONS QUOTE SHEET

Institution: Fiscal Year: Quarter:

2,025 3rd

Unit of Units to Price Per Issue Order Unit Total

FCI TEXARKANA, 4001 LEOPARD DR, TEXARKANA, TX 75501

The delivered item(s) must comply with all applicable Federal, State, and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sale of the supplies in the commercial marketplace. Delivered item(s) must comply with all applicable provisions of the Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling Act, and regulations promulgated thereunder. When a known allergen is included in the item(s), the item(s) must comply with the allergen labeling requirements of the FD&C Act. Major allergens identified in the FD&C Act include: wheat, fish, milk, soy, tree nuts, eggs, peanuts, shellfish, and sesame or those in effect on the date of the solicitation, contract, or purchase order. Failure to comply with the National Menu Specifications will result in your quoted item not being considered for award. No specification substitutions will be accepted. If a specification does NOT state it must be a product of the United States or Canada, it is acceptable for it to be a "product of" a Foreign Country and distributed in the United States or Puerto Rico. When options are offered on the specifications, it is the FSA's determination as to what options are put out to bid. Not all options need be put out for bid. (i.e., cans and pouches). Items that are fried may be baked at the institutions discretion. The NFSA/Chief Dietitian will make the final determination on product compliance.

Item DescriptionNumber

15B51525Q00000010

SUBSISTENCE

21 Vinegar Distilled, 50 Grain Strength, 4/1 Gallon containers per case. 0021 thru 0029 will be awarded as a groupe to one vendor. CS 16

22 Margarine, Bulk, All Vegetable. (Packaged in 30lb/case). Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part 166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat .

LB 3,900

23 Chili Powder Blend spice, Ground (packaged in 25 to 50 lb sealed containers). Price per pound. 0021 thru 0029 will be awarded as a groupe to one vendor.

(CID A-A-20001B, Type II, Class A). 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.

LB 300

24 Basil, Sweet, Ground or Crushed. 5 to 50 lb sealed plastic containers or boxes. Note container size on bid. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class C, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

LB 40

25 Bay Leaves, Whole. 1 to 5 lb sealed plastic containers or boxes. 0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class D, Form 2). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

LB 5

26 Cumin, Ground. 25 to 50 lb sealed plastic containers or boxes. Note container size on bid. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

(CID A-A-20001B, Type I, Class L, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

LB 150

27 Onion Powder. 25 to 50 lb sealed plastic containers or boxes. Note container size on bid. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

From dehydrated onion 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 onion. 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.

LB 200

28 Salt, Food Grade or Table, Iodized. Bulk. 40 to 50 lb bag. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent.

LB 1,000

29 Garlic Powder. 25 to 50 lb sealed plastic containers or boxes. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

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.

LB 600

30 Spaghetti Pasta, 10 lb to 20 lb sealed bags. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

Long Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VI, Style A, B, or C). Enrichment type (A). 10 to 20lb sealed bags.

LB 2,500

31 Macaroni Pasta. 10 to 400 lb sealed bags. Price per pound. 0021 thru 0029 will be awarded as a group to one vendor.

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

LB 1,200

Line 21 thru 29 will be awarded to one vendor.

Line 30 thru 31 will be awarded to one vendor.

Page 2 of 5 July 2023

BOP24572

Line

BOP24572

Line

15B51525Q00000010 Page 9 of 57

Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

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

(1) The schedule of supplies/services.

(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

15B51525Q00000010 Page 10 of 57 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

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

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

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

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

15B51525Q00000010 Page 11 of 57

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.

Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except…