15B51726Q00000001 1st QTR FY26- Food Service- Subsistence.pdf

15B51726Q00000001 Page 1 of 50

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B51726PR000040

PAGE 1 OF

5. SOLICITATION NUMBER

15B51726Q00000001

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/14/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Daniel Cruz dcruz-ayala@bop.gov

b. TELEPHONE NUMBER (No collect calls)

713-229-4125

8. OFFER DUE DATE / LOCAL

TIME

08/28/2025 09:00 CT

CODE 15B517

Federal Bureau of Prisons

FDC Houston

1200 TEXAS AVENUE

Houston, TX 77002

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:

10. THE ACQUISITION IS

SEE SCHEDULEX

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

15B517CODE15. DELIVER TO

Federal Bureau of Prisons FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas

(O) 713-221-5400 Crojas@bop.gov

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B517CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FDC Houston

1200 TEXAS AVENUE

Houston, TX 77002

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

Please email only pages with bids. Only emailed bids will be accepted at dcruz-ayala@bop.gov

Vendor must provide the following information:

UEI #______________________

TIN#______________________

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Daniel Cruz-Ayala

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

15B51726Q00000001 Page 2 of 50

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

15B51726Q00000001 Page 3 of 50

Table of Contents

Section Description Page Number

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.232-18 Availability of Funds (Apr 1984) DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems (OCT 2023) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 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

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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 Beans, Whole, U.S. Grade 1 – 3 50# bag

PSC: 8945

Line Period of Performance: 10/01/2025 - 12/31/2025

Delivery Schedule:

Quantity: 3,500.000000

Delivery Address: Federal Bureau of Prisons FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Black Eyed Peas, U.S. Grade 1 – 3 50# bag

PSC: 8945

Quantity: 500.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 – 3 50# bag

Quantity: 2,500.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Beans, Dry, Pinto, Whole, U.S. Grade 1 – 3

Quantity: 3,000.000000

3,000 LB $________ $_________________

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FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice

Quantity: 8,750.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

8,750 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type VI, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

Quantity: 2,200.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Flour, General, All Purpose, Unbleached. (CID A-A-20126F, Type II or VI, Style A). H&R Flour 50# bag

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Non-Fat Dry Milk, Fortified with Vitamins A and D. (CID A- A-20085D, Type II).

250 LB $________ $_________________

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Quantity: 250.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Chips, Potato, 1 oz sealed individual package, various flavors.

Note case count and flavors in bid.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

3,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride. Note package size on bid.

Product will not contain any animal by product or ingredients.

Quantity: 300.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

300 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Oils, Salad, Vegetable, Canola, or any other vegetable oils or combinations of these oils. (CID A-A- 20091D, Type II). Gallons, Half Gallons, 5 Gallon Containers, or 35 lb Containers. Note size of container and case size on bid. (5 - Gal) 35 GALLON

CONTAINERS

Quantity: 20.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

20 CS $________ $_________________

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C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Dressing, Salad, Pourable, Regular, Creamy Style. (CID A-A- 20162B, Type I, II, III, or IV, Any Class, Creamy Style). 4/1 Gallon plastic containers per case. Note Class on bid. CREAMY ITALIAN.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Pickles, Sliced crosswise, crosscut or waffle cut style, Bulk, Dill,Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case or 5 gallon containers. Note package size on bid.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0071 Syrup, Table, Regular (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E). Syrup shall be manufactured in accordance with the U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. Each. Individuals are 9 GRAM. State case count and flavor on bid.

Quantity: 20,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0073 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve, or Bake and Serve. (Muffins, Donuts, Cinnamon Rolls, etc.) Specify item, size case count, and if items contain

85,000 EA $________ $_________________

15B51726Q00000001 Page 8 of 50 yeast on bid. Items will not contain poppy seeds. Individually Wrapped.

Quantity: 85,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0077 Tortillas, White with spices or herbs, or Other. 7" - 10" in diameter, Round Shelf stable, refrigerated, or frozen, Table Ready. (CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each.

State case count on bid. 10” 144 CT

Quantity: 20,160.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

20,160 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0080 French Toast, Frozen, Regular or Low Fat, Any Flavor, Any Shape.

(CID A-A-20234B, Type II, Style A or B, Class 3, Flavor A, B, C, or D, Shape 1 - 8). Each. State case count on bid.

Quantity: 8,640.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

8,640 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0081 Pancake, Frozen, Regular or Low Fat, Any Flavor, Any Shape.

(CID A-A-20234B, Type II, Style A or B, Class 2, Any Flavor, Shape 1 - 8). Each. State case count on bid.

Quantity: 11,520.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse

11,520 EA $________ $_________________

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C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0082 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.

Quantity: 56.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0083 Heinz Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194).

U.S. Grade A-C. Each. Individual 9 Gram Packets.

Quantity: 40,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

40,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0084 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 can. 6/#10 cans per case.

Quantity: 168.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0085 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.

56 CS $________ $_________________

15B51726Q00000001 Page 10 of 50

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0087 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. 6/ #10 cans per case.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0089 Vegetable, Beets, Canned, Slices, Quarters, 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.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0090 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.

Quantity: 112.000000

112 CS $________ $_________________

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FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0091 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Super sweet, 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.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0093 Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Sald Added, Low Sodium, or Other. (CID A-A-20120E, Type II, Style A, B, C, D, or E). 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. 6/#10 cans per case.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0095 Vegetable, Peas and Carrots, Canned, Sliced, Diced, Double Diced, or Strips. Peas not less than 50% of drained product and Carrots not less than 25% of drained weight. Minimum drain weight 70 oz. U.S. Grade A, U.S. Fancy, U.S. Grade B or U.S.

Extra Standard. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/ #10 cans per case. 6/#10 cans per case.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse

56 CS $________ $_________________

15B51726Q00000001 Page 12 of 50

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0096 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. 6/ #10 cans per case.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0097 Vegetable, Peppers, Jalapenos, Sliced. U.S. Grade, U.S. Fancy, U.S. No. 1, or U.S. No. 2. As defined in Title 7, 51.1282 - 1284. 6/ #10 cans or pouches per case. State can or pouch on bid. 6/#10 cans per case.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0099 Vegetable, Spinach, Cut leaf of Sliced, 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 51.990. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans per case

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0101 Vegetable, Broccoli, Frozen, Spears, Short Spears, Cut or Chopped. U.S. Grade A or B. As defined in

900 LB $________ $_________________

15B51726Q00000001 Page 13 of 50

Title 7 CFR 52.631 – 644. *MUST be packed in United States, Canada or Mexico). 30# case.

Quantity: 900.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0109 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, Frozen, Institutional type, Round, Cross- sectional dimension 3/4 to 1” diameter. Length 1 to 1 1/2 inch, 47 – 54 units per pound. Unseasoned, seasoned with spices, or seasoned with spices and salt. Oven-baked. (CID A- A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2, 3, or 5. Cooking Method A).

Originated from crops that have been 100 percent grown, processed and packed in the United States or Canada.

Quantity: 9,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

9,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0119 Sauce, Barbeque, Plain/Regular, Honey, Or Hickory Smoke, Without fruit purees added. (CID A-A- 20335B, Flavor I, II, or III, Type B). 4/1 Gallon Plastic Containers per case.

Quantity: 30.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

30 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0121 Sauce, Hot, Chipotle, Habanero, or Other. (CID A-A-20097F, Type I, III, IV, V, or IX). 4/1 gallon plastic containers per case, 6/#10 cans per case or Each. Specify size and/or case on bid.

Quantity: 30.000000

30 CS $________ $_________________

15B51726Q00000001 Page 14 of 50

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0134 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. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0138 Spices, Powder Chili. (CID A-A-20001B, Type I, Class Z, Form 1 or 3). 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.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0144 Spices, Salt, Food Grade or Table, Iodized. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti- Caking Agent. Bulk. Specify package size on bid.

Quantity: 1,500.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400

1,500 LB $________ $_________________

15B51726Q00000001 Page 15 of 50

Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0146 Spices, Thyme, Ground. (CID A-A-20001B, Type I, Class GG, Form 1). 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.

Quantity: 200.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0150 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 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 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.

Quantity: 12,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

12,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0151 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 All Beef, Pure Beef, or 100% Beef and with fat percentage.

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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. No open bags.

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

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0153 Meats, Beef Roast Raw, Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B,

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

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0154 Meats, Beef for Stewing, Raw, IMPS 135A, diced pieces must be sized - not less than a 3/4" cube or not more than a 1 1/2" cube and no individual surface must be more than 2.5 inches in length, the fat thickness of the surface and or seam fat must not exceed 1/4 inch at any point. Product to be packed in 10 to 40 lb cases.

Delivered Frozen. VEAL is not a substitute for this specifications.

Quantity: 2,000.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0155 Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), Frozen, A or B 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, 11,500 LB $________ $_________________

15B51726Q00000001 Page 17 of 50 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. Packed in poly bag boxes. 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.

Quantity: 11,500.000000

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0156 Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and 70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality. All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection. The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order.

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

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

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

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

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0159 Meats, Chicken, Patty, Any Cooked Weight, Whole Muscle, Chunked and Formed, or Ground/Chopped and Formed, No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product, 100% white meat, Breaded, Uniform in Shape and 4 to 5 ounces. (CID A- A-20276A, Type V, Style A - C, 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

15B51726Q00000001 Page 18 of 50 exceed 30% by weight and will be evenly coated. Finished meat product may not contain more than 3.5% non- meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. 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

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0162 Meats, Fish Fillets, Raw, Breaded, Individually Quick Frozen, Unglazed, Skin-off (skinless), Practically boneless fillet. U.S.

Grade A or B (per Grades of Frozen Raw Breaded Fish Portions).

Acceptable types include Tilapia, Cod, Whiting, Haddock, Hake, Pollock, Flounder, Sole, Turbot, Plaice, or Halibut. OVENABLE!!!

Frozen raw breaded portions are clean, wholesome, uniformly shaped, unglazed masses of cohering pieces (not ground) of fish flesh coated with breading and contain not less than 75 percent, by weight, of fish flesh. Fish portion must meet weight requirements when thawed and drained, Must specify if block cut or not block cut on bid. Note type and size on bid. 4 to 7 oz.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0168 Meats, Turkey, Boneless, Skinless, Three Muscle Breast, Fully Cooked, Frozen. 8 – 9 lb range. May contain up to 25% solution of water. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B51726Q00000001 Page 19 of 50

0170 Meats, Bologna, Beef, Turkey, Chicken, or combination thereof.

IMPS 801. Artificial Casing, Frozen, 4” to 5” in Diameter. Finished products may not contain more than 30% fat or no more than 10% water, or a combination of 40% fat and added water, The finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the label by its common name.

All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA FSIS Food Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling.

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0175 Meats, Salami, Beef, Turkey, Chicken, or combination thereof.

IMPS 804. Artificial Casing, Frozen, 4” to 5” in Diameter. Finished products may not contain more than 30% fat or no more than 10% water, or a combination of 40% fat and added water, The finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the label by its common name.

All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA FSIS Food Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling. SALAMI

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0179 Cheese, Cheddar, U.S. Grade AA or A. “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 19.500). Manufacturer’s letters will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 lb to 40 lb sealed Bags or containers. SHREDDED ONLY!!!

Quantity: 2,000.000000

2,000 LB $________ $_________________

15B51726Q00000001 Page 20 of 50

FDC Houston 15431 W. Vantage Parkway Food Service Warehouse Houston, TX 77032

C. Rojas 713-221-5400 Crojas@bop.gov

15B51726Q00000001 Page 21 of 50

Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

15B51726Q00000001 Page 22 of 50

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction

15B51726Q00000001 Page 24 of 50 of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C.