15B51920Q00000004_-_Kosher_RFQ.pdf

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15B51920Q00000004 - Kosher RFQ

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15B51920Q00000004 Page 1 of 24

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B51920Q00000004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/04/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME k4roberts@bop.gov

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

TIME

09/16/2019 12:00:00

CODE 15B519

Federal Bureau of Prisons USP Pollock 1000 Air Base Road

POLLOCK, LA 71467

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 311999

SIZE STANDARD: 100

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B519CODE15. DELIVER TO

Federal Bureau of Prisons USP Pollock 1000 Air Base Road

POLLOCK, LA 71467

CODE 15B51916. ADMINISTERED BY

Federal Bureau of Prisons USP Pollock 1000 Air Base Road

POLLOCK, LA 71467

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Duns#:_______________________________ Email Address:__________________________

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ 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)

Kerry Roberts

31c. DATE SIGNED

09/04/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B51920Q00000004 Page 2 of 24

19.

ITEM NO.

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. 2/2012) BACK

15B51920Q00000004 Page 3 of 24

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

1.1 Other Specificaitons

3 Contract Clauses

52.211-16 Variation In Quantity (Apr 1984) 52.211-17 Delivery of Excess Quantities (Sept 1989)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2009) 52.212-1 Instructions to Offerors--Commercial Items (June 2008)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

15B51920Q00000004 Page 4 of 24

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Kosher Parve - 14 ounce Fish Fillet Meal consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle fillet block pollack, whiting, flounder, cod, tilapia: or other white fish flesh fillet (not Breaded) - 2 ounce-weight Tomato Sauce - 4 ounce-weight White Rice - 4 ounce-weight Mature Lima Beans

540.000000 EA $____________ $___________________

0002 Kosher Meat - 18 Ounce Beans and Franks Meal consisting of:

- 4 ounce Beef Franks or Cocktail Franks no artificial colors, - 8 ounce-weight Vegetarian Beans w/Tomato Sauce - 6 ounce-weight Diced Potatoes - finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

960.000000 EA $____________ $___________________

0003 Kosher Meat - 16 ounce Chicken Patty Meal consisting of:

- 4 ounce-weight Chicken Patty made from chunked and formed white meat (not from mechanically de-boned meat). Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer) - 2 ounce-weight Chicken Gravy - 6 ounce-weight Mashed Potatoes, - 4 ounce-weight Mixed Vegetables.

540.000000 EA $____________ $___________________

0004 Kosher Meat - 20 Ounce Chicken Cacciatore Meal consisting of:

Chicken Cacciatore made from: - 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer) - 4 ounce-weight Tomato Sauce - 4 ounce-weight Diced Tomatoes - 1/2 ounce-weight Mushrooms - 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil - 3 ounce-weight Pasta Macaroni - 4 ounce-weight Sliced or Diced Carrots

360.000000 EA $____________ $___________________

0005 Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entree made from: - 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer) - 6 ounce-weight Gravy thickened w/corn starch - 1 ounce-weight Celery, Bell Pepper and Onion - 2 ounce-weight Green Beans - 3.5 ounce-weight White Rice - 3.5 ounce-weight Sweet Peas and Carrots

456.000000 EA $____________ $___________________

0006 Kosher Meat - 16 Ounce Turkey Cutlet Meal consisting of:

- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer) - 2 ounce-weight Gravy - 6 ounce-weight Mashed Potatoes - 4 ounce-weight Mixed Vegetables.

456.000000 EA $____________ $___________________

0007 Kosher Meat - 16 Ounce Meatloaf Meal consisting of:

- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients) - 2 ounce-weight Brown Gravy - 6 ounce-weight Mashed Potatoes - 4 ounce-weight Mixed Vegetables - finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

360.000000 EA $____________ $___________________

0008 Kosher Meat - 16 Ounce Salisbury Steak Meal consisting of:

- 4 ounce-weight Salisbury Steak (made with ground beef with not more than: 20% fat; 20% added ingredients) - 2 ounce-weight Brown Gravy - 6 ounce-weight Mashed Potatoes - 4 ounce-weight Mature Lima Beans - finished product of the Salisbury Steak may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be

456.000000 EA $____________ $___________________

15B51920Q00000004 Page 5 of 24 shown in the ingredients statement on the product's label by its common name.

0009 Kosher Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients ;) - 5 ounce-weight Spaghetti Pasta - 3 ounce-weight Tomato Sauce - 8 ounce-weight Sweet Peas - finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders 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.

576.000000 EA $____________ $___________________

0010 Kosher Parve - 13 Ounce Vegetable Protein Cutlet Meal consisting of:

- 3.6 ounce-weight (minimum) Vegetable Protein Cutlet. Product not to exceed 260 mg sodium must have a minimum of 12g protein and not less than 5g of dietary fiber. (Must use soy protein concentrate for at least 70% of the Protein requirement) Product must be coated with batter mix or bread crumbs not to exceed 30% of total weight. - 2 ounce-weight Mushroom Gravy - 3.4 ounce-weight White Rice - 4 ounce-weight Lima Beans

214.000000 EA $____________ $___________________

0011 Kosher Parve - 16 Ounce Vegetable Protein Stuffed Cabbage Roll Meal consisting of:

- 6 ounce-weight Vegetable Protein Stuffed Cabbage (not to exceed 270 mg. sodium & not less than 13g of protein. (Must use soy protein concentrate for at least 70% of the protein requirement) - 2 ounce-weight Tomato Gravy - 4 ounce-weight Parsley Potatoes - 4 ounce-weight Mixed Vegetables

0.000000 EA $____________ $___________________

0012 Kosher Parve - 19 Ounce Vegetable Protein Chili Meal consisting of:

Vegetable Protein Chili made from: - 4 ounce-weight Textured Soy Protein concentrate seasoned to resemble ground beef. - 3.5 ounce-weight Kidney Beans - 4 ounce-weight Crushed Tomatoes, Onions spices and stabilizers as required to maintain taste and consistency - 3.5 ounce-weight White Rice -4 ounce-weight Mixed Vegetables

0.000000 EA $____________ $___________________

0013 Kosher Dairy - 7 Ounce Cheese Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet - 1 ounce cheese - 3 ounce Potatoes

360.000000 EA $____________ $___________________

0014 Kosher Dairy - 7 Ounce Spanish Omelet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet - 1 ounce Spanish Sauce - 3 ounce Potatoes

360.000000 EA $____________ $___________________

0015 Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.

2,500.000000 EA $____________ $___________________

0016 Kosher Tuna, Chunk Light in Water, Individual. 4.23 oz or 5 oz foil pack. EACH. Tuna can be a product of the U.S. or other foreign country that meets the requirements of 21CFR123.12. Product may contain soy and/or vegetable broth *Each individual package must be marked with the kosher certification hechsher.

600.000000 EA $____________ $___________________

0017 Kosher Sardines in Soybean Oil, Individual. 3.53 oz foil pack or

3.75 oz to 4.375 oz can. EACH. *Each individual package must be marked with the kosher certification hechsher.

1,200.000000 EA $____________ $___________________

0018 Kosher Cereal, Bran Flakes, 2 Ounce Individual Bowl Pack Only.

EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0019 Kosher Oatmeal, Instant, Plain, Individual 1 ounce Package. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0020 Kosher Farina, Instant, Plain, Individual 1 ounce Package. *Each individual package must be marked with the kosher certification hechsher.

200 count case

0.000000 CS $____________ $___________________

15B51920Q00000004 Page 6 of 24

0021 Kosher Bread, Whole Wheat, 1 pound Loaf. Certified Kosher Parve, First ingredient on label must be Whole Wheat Flour, See Delivery Schedule.

0.000000 LF $____________ $___________________

0022 Kosher Bread, Whole Wheat, 1.5 pound Loaf. Certified Kosher Parve, First ingredient on label must be Whole Wheat Flour, See Delivery Schedule.

0.000000 LF $____________ $___________________

0023 Kosher Bread, Whole Wheat, Individually Wrapped. EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher. First ingredient on label must be Whole Wheat Flour.

0.000000 EA $____________ $___________________

0024 Kosher Vegetable Juice, 5.5 or 6 fluid Ounce Sealed Can. EACH.

Can must have easy open top. Juice must be tomato based with at least five additional vegetable products in the juice, Certified Kosher. *Each individual package must be marked with the kosher certification hechsher.

Base Period

4,800.000000 EA $____________ $___________________

0025 Kosher Potato Chips, Individual 1 Ounce Sealed Individual Package. EACH. Certified Kosher Parve, See Delivery Schedule.

*Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0026 Kosher Margarine, ½ Ounce Sealed Individual Package.

Refrigerated or Shelf Stable, Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher.

200 count per case or note otherwise.

0.000000 CS $____________ $___________________

0027 Kosher Dressing, Salad, Mayo Style, 9 Gram Individual Packet.

Certified Kosher Parve, CID A-A-20140C, Type II, Style A. *Each individual package must be marked with the kosher certification hechsher. 200 count per case or state otherwise.

60.000000 CS $____________ $___________________

0028 Kosher Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light. EACH, Certified Kosher Parve. (CID A-A-20140D, Type I, Style A, B, C, or D). *Each individual package must be marked with the kosher certification hechsher. Specify case count on bid.

0.000000 EA $____________ $___________________

0029 Kosher Tartar Sauce, Individual Packet, 9 Gram Individual Packet.

EACH, Certified Kosher Parve, CID A-A 20140, Type III, Style A.

*Each individual package must be marked with the kosher certification hechsher. Specify case count on bid.

0.000000 EA $____________ $___________________

0030 Kosher Tomato Catsup, Individual 7 Gram Packet. EACH, Certified Kosher Parve, U.S. Grade A, U.S. Standards for Grades. *Each individual package must be marked with the kosher certification hechsher. Specify case count on bid.

0.000000 EA $____________ $___________________

0031 Kosher Mustard, Prepared, Yellow (Salad Style), 4.5 Gram Individual Packet. Certified Kosher Parve, CID A-A20036C, Type I.

*Each individual package must be marked with the kosher certification hechsher. 200 count per case or state otherwise.

Base Period

0.000000 CS $____________ $___________________

0032 Kosher Jelly, Sugar Free, Regular, Diet, or Diabetic, Grape Flavor, 10 Gram Individually Sealed Portion. EACH, Certified Kosher Parve, CID A-A-20078B, Type II, Style 1. *Each individual package must be marked with the kosher certification hechsher. Specify case count on bid.

0.000000 EA $____________ $___________________

0033 Kosher Peanut Butter, Regular, Stabilized, Non-fortified, 2 Ounce Individual Packets. EACH. Certified Kosher Parve, CID A- A20328A, Style I, Class A, Texture 1, Type A. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0034 Kosher Coffee, Instant, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH.

Certified Kosher.

*Each individual package must be marked with the kosher certification hechsher. 1,000 count per case or state otherwise.

0.000000 CS $____________ $___________________

15B51920Q00000004 Page 7 of 24

0035 Kosher Fruit Flavored Drink Powder, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted.

EACH. Total amount may be adjusted to the next highest case count.

Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0036 Kosher Instant Milk or Smart Milk, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH.

Total amount may be adjusted to the next highest case count.

Certified Kosher. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0037 Kosher Milk Substitute/Shelf Stable Milk, Skim or Fat Free, Individual 8 Ounce Serving. EACH. Total amount may be adjusted to the next highest case count. Must be processed under Ultra High

Temperatures (UHT). Certified Kosher. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

0038 Kosher Milk, Fresh, Skim or Fat Free, Individual 8 Ounce Serving.

Total amount may be adjusted to the next highest case count.

Must be process under Ultra High Temperatures (UHT). Certified Kosher.

0.000000 EA $____________ $___________________

0039 Kosher Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets EACH. Total amount may be adjusted to the next highest case count. Certified Kosher. *Each individual package must be marked with the kosher certification hechsher.

0.000000 EA $____________ $___________________

1.1 Other Specificaitons

Religious Certification Requirements for Meals All items offered on this bid must be certified by an accepted Orthodox Kosher certification agency from the United States or Canada, such as: OU - Union of Orthodox Jewish Congregations; OK - Organized Kashrus Laboratories; Star K, KOF#K; KAJ # K'hal Adas Jeshurun; OKS # Organization of Orthodox Kashrus Supervision; OV # Vaad Hoeir of Saint Louis; CRC - Central Rabbinical Congress of the USA and Canada; CRC - Chicago Rabbinical Counsel; or Kosher Overseers of America. Quoters will include a letter of certification from the religious certification agency dated no more than 11 months from the date of the quote provided.

General Meal Specifications - Items 1 through 15

1. The tray for all meals will be:

a. Made with non-metallic packaging that allows microwave and conventional oven heating and be heat sealed directly to the tray with clear plastic and wrapped with a separate sealed clear plastic wrapper which encloses the entire tray.

b. A three compartment tray with a large compartment of 21 fluid ounces and two compartments of 6 fluid ounces each.

2. All Meals will contain the food products per the individual product specification including the stated volume and/or weight of item as listed.

3. No substitutions may be made to the meats, vegetables, starches, sauces or preparation methods.

4. Meals (items 1 through 16) may be quoted as frozen and/or shelf stable products. Pricing must be identifiable as either frozen or self stable.

15B51920Q00000004 Page 8 of 24

5. Each individual meal must be marked with the certification symbol from the religious certification agency.

6. Heating directions must be provided for various wattage microwaves or oven heating including recommended method.

7. Mixed Vegetables will contain carrots, corn, peas, green beans, and lima beans with:

a. Not more than 40 percent by weight carrots.

b. Not more than 40 percent by weight corn (sweet, golden or yellow, whole kernel com).

c. Not more than 40 percent by weight green peas.

8. Peas and Carrots will contain:

a. Not more than 40 percent by weight carrots.

b. Not more than 40 percent by weight green peas.

9. Mashed Potatoes will be made with commercially prepared potato flakes without peel, adding only water according to the manufacturers’ preparation instructions; or fresh potatoes prepared using only water and spices with only the amount of binder which will ensure the product does separate in processing. No extenders of any type are allowed.

10.Tomato Sauce will be commercially prepared or crushed and/or pureed tomatoes, tomato paste and spices using only the amount of binder required to ensure the product does not separate during processing.

15B51920Q00000004 Page 9 of 24

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar 2009)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders--Commercial Items (June 2009)

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

5 Percent increase

5 Percent decrease

This increase or decrease shall apply to 3.*

(End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.211-17 Delivery of Excess Quantities (Sept 1989)

15B51920Q00000004 Page 10 of 24

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

15B51920Q00000004 Page 11 of 24

Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B51920Q00000004 Page 12 of 24

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors--Commercial Items (June 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-??

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7)??"Remit to"??address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

15B51920Q00000004 Page 13 of 24

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L' Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

15B51920Q00000004 Page 14 of 24

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

15B51920Q00000004 Page 15 of 24

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Full Text

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.#If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C.

395(b), i.e., a corporation that used to be#incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

15B51920Q00000004 Page 16 of 24

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http:// orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, 15B51920Q00000004 Page 17 of 24 have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (See FAR 4.1201), except for paragraphs ##.

[Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ##is, ##is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ##is, ##is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it ##is, ##is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ##is, ##is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ##is, ##is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ##is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ##

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small business in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it ##is, ##is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

15B51920Q00000004 Page 18 of 24

Number of Employees Average Annual Gross Revenue

## 50 or fewer ## $1 million or less

## 51 - 100 ## $1,000,001 - $2 million

## 101 - 250 ## $2,000,001 - $3.5 million

## 251 - 500 ## $3,500,001 - $5 million

## 501 - 750 ## $5,000,001 - $10 million

## 751 - 1,000 ## $10,000,001 - $17 million

## Over 1,000 ## Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

(A) It ##is, ##is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ##has, ## has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture.

[The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ##.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)

(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ##is, ##is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ##is, ##is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)

(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:

##.] Each HUBZone small business concern participating in the joint venture shall…

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