15B61124Q00000020 BRQ signed.pdf

15B61124Q00000020 Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B61124Q00000020

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/15/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Elizabeth Kramer ekramer@bop.gov

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

TIME

05/29/2024 14:00 PT

CODE 15B611

Federal Bureau of Prisons

FDC Seatac

2425 S. 200th Street

SeaTac, WA 98198

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

311999

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 7

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

15B611CODE15. DELIVER TO

Federal Bureau of Prisons FDC Seatac 2425 S. 200th Street SeaTac, WA 98198

B. Liebl bliebl@bop.gov

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B611CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FDC Seatac 2425 S. 200th Street SeaTac, WA 98198

Business Office set-accountspayable-s@bop.gov

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

Performance Period: July 01, 2024 to September 30, 2024 Deliveries after September 30, 2024 will be rejected (see Attachment 1- local Contract Requirements for exceptions) Type or Print Neatly

CONTRACTOR UEI#:

CONTRACTOR PHONE #:

CONTRACTOR EMAIL:

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Elizabeth Kramer

31c. DATE SIGNED

05/15/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15B61124Q00000020 Page 2 of 44

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

15B61124Q00000020 Page 3 of 44

Table of Contents

Section Description Page Number

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

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.232-18 Availability of Funds (Apr 1984) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.216-18 Ordering (Aug 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022)

3 List of Attachments 4 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024)

15B61124Q00000020 Page 4 of 44

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, US Grade 1-3

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Black Eyed Peas, US Grade 1-3

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Beans, Dry, Great Northern, Whole, US Grade 1-3

PSC: 8945

700 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beans, Dry, Kidney or Red, Whole, US Grade 1-3

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Beans, Dry, Pinto, Whole, US Grade 1-3

PSC: 8945

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Beans, Kidney, Dark Red, Canned, In Brine, Meatless, Light or Dark Red. (CID A-A-20134D, Type I, Class D, Style 1), Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID AA-20134D, Type I, Class J, Style 1, Nutrient content claim d, Agricultural practice (1)). 6/#10 cans per case

PSC: 8945

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Beans, Baked, Canned, In Brine, Meatless. (7 CFR §52.6462) US Grade A or B, (CID A-A-20134D, Type III, Style 9, 10, or 12, Nutrient content claim d, Agricultural practice (1). 6/#10 cans per case

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light

PSC: 8945

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type I, Style A, B, or C).

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B61124Q00000020 Page 5 of 44

0011 Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type V, Style A, B, C, or D).

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VI, Style A, B, or C).

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8920

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063D, Type I or Type II, Style B, Flour 1-5, Egg products a or b, Packaging size (5)-(8), Agricultural practice (a)). 1 lb to 40 lb sealed bags.

PSC: 8945

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type XIII, Style A, B, or C).

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes with raisins, made from Whole grains or combination of whole and refined grains. (CID A-A-20000E, Type I, Class 5, Grain Composition a or b, Fiber 2), Sodium (a), Packaging type (vii), Agricultural pract

PSC: 8920

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Cereal, Prepared, Ready to Eat, Any type, any style, and any grain composition. (CID A-A-20000E, Any Type, Any Class, Any Grain Composition). Bulk package range 12 to 40 lb case. Specify case weight, type, Class, and Grain Composition of cereal on bid.

PSC: 8920

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Cereal, Rolled Oats, Quick cooking, Unflavored, Any Style, Any container size (CID A-A-20090F, Type II, Flavor A, Style 1 - 3, Container size n)

PSC: 8920

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Chips, Potato, 1 oz sealed individual package, various flavors.

Note case count and flavors in bid.

PSC: 8945

5,400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Peanut Butter, Regular or Reduced Fat, Smooth, Plain, Stabilized, Non-fortified, Salted or Unsalted, Conventional.

(CID A-A-20328C, Style I, Form (a) or (b), Class A or B, Texture 1, Type a, Flavor (1), Fortification i, Seasoning (a) or (b), Packaging 1 - size e or Packaging 2 - size d, Agricultural practices (1)). 2 oz Individual Packets.

Specify total count per case on bid.

PSC: 8945

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume

- Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, 200 LB $________ $_________________

15B61124Q00000020 Page 6 of 44 or III, Style A or L.) Fully cooked, beef flavor. Product to be Vegan alternative for Beef Patty.

Product will not contain any animal by product or ingredients.

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.). Fully cooked, chicken flavor. Product to be alternative for Chicken Patty.

Product will not contain any animal by product or ingredients

PSC: 8905

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Shortening, General Purpose, (CID A-A 20100D, Type I).

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

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case. Margarine shall comply with all applicable Federal regulations including those contained in the Food And Drug Standard of Identity for Margarine (21 CFR Part 166) and must conform to USDA specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils: canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

PSC: 8945

75 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Dressing, Mayonnaise (21 Code of Federal Regulations (CFR) § 169.140), Regular, (CID A-A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a). 4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable.

Note Style on bid if not specified.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Dressing, Mayonnaise (21 Code of Federal Regulations (CFR) § 169.140), Regular, (CID A-A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a). 9 Gram - 12.4 Gram Individual Packet. Each.

Note Style on the bid if not specified. Note package size and case count on bid.

PSC: 8950

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036D, Type I). 4/1 Gallon plastic containers per case.

2 oz each

PSC: 8945

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036D, Type I). EACH 4.5 Gram Individual Packets. Specify case count on bid. Total amount may be adjusted to the next highest case count.

25,000 EA $________ $_________________

15B61124Q00000020 Page 7 of 44

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Tartar Sauce, Individual Packet, Each, Regular, Reduced Fat, Fat Free, or Light (CID A-A-20140E, Type III, Agricultural practice a).

Specify case count on bid. Total amount may be adjusted to the next highest case count. Must be name brand product

PSC: 8945

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry, or Strawberry. Regular , U.S. Grade A or equivalent. (CID A-A-20078D), Type II, kind A, B, F, M, R, S, Y, or AA, Style 1 or 2.

Finished product quality a or b. 10 gram individual portion. EACH.

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

Must be name brand product.

PSC: 8945

35,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Sugar, Brown, Light or Dark (CID A-A-20135E, Type II, Style A or B)

PSC: 8925

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Sugar, White (Refined), Powdered or Confectioners (CID A- A-20135E, Type I, Style C)

PSC: 8925

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B).

PSC: 8925

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets. (CID A-A-20178C, Types I-VI, Style A, Package 1). Each individual is .80 to 1.0 Gram.

State case count on bid.

PSC: 8925

150,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Syrup, Table, Regular maple flavor (CID A-A-20124E, Type V, 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 1 oz.

State case count and flavor on bid. Must be name brand.

PSC: 8945

32,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve, or Bake and Serve. (Muffins, Bagels, Donuts, Cinnamon Rolls, etc.) Specify item, size case count, and if items contain yeast on bid. Items will not contain poppy seeds.

PSC: 8920

40,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.)

Specify item, size case count and if items contain yeast on bid.

Items will not contain poppy seeds.

7,500 EA $________ $_________________

15B61124Q00000020 Page 8 of 44

PSC: 8920

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape b, Enrichment type i). Each. State case count on bid.

PSC: 8945

17,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Tortillas, Wheat, 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.

PSC: 8945

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Enrichment type I). 1 ounce packages.

PSC: 8945

5,400 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 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.

PSC: 8945

8,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 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.

PSC: 8945

8,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 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 or Pouches per case. State can or pouch on bid.

PSC: 8950

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 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. State case count on bid. Must be name brand.

PSC: 8950

35,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can/pouch. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

180 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 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 or pouches per case. State can or pouch on bid.

PSC: 8945

20 CS $________ $_________________

15B61124Q00000020 Page 9 of 44

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, Julienne, French Style or Cut. Minimum drain weight 64 oz. U.S.

Grade A, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random Sliced Whole, Sliced Buttons, or Stems and Pieces.

Minimum drain weight 68 oz. U.S. Grade A, or U.S. Grade B.

As defined in the definitions and standards of identity for canned mushrooms 21 CFR 155.201. 6/#10 cans or pouches per case.

State can or pouch on bid.

PSC: 8915

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 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.

PSC: 8915

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Vegetable, Potatoes, White, Dehydrated, Mashed, Granules or Flakes without or with peel. (CID A-A-20032G, Type II, Style A, B, or C). Product label must have rehydration instructions and yield amounts. 6/#10 cans per case or bulk packed by the pound.

Indicate case/bag size on bid.

PSC: 8915

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Vegetable, Spinach, Cut leaf or Sliced, Chopped, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Vegetable, Beans, Green, Frozen, Cut, Sliced Lengthwise, or French Style, Round Type, Regular or extended blanch process pack. U.S. Grade A - C.

As defined in Title 7 CFR 52.2321 - 2328. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8915

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 Vegetable, Carrots, Frozen, Sliced, Diced, Double Diced, Strips, Chips or Cut. U.S. Grade A, U.S. Fancy, U.S. Grade B or U.S. Extra Standard. As defined in Title 7 CFR 52.701 - 711.

4,500 LB $________ $_________________

15B61124Q00000020 Page 10 of 44

Originated from crops that have been 100 percent grown, processed, and

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Vegetable, Corn, Whole Kernel (Whole Grain), Frozen, Golden (or yellow), Grade A, U.S. Fancy, U.S. Grade B, U.S. Extra Standard, U.S. Grade C or U.S. Standard. As defined in Title 7 CFR 52.911

- 920.

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

PSC: 8915

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 Vegetable, Mixed, Frozen (including green beans, lima beans, carrots, sweet corn, and/or peas). Three vegetable mix in which any one vegetable is not more than 40% by weight.

Four vegetable mix in which none of the vegetables is less than 8% and no more than 35% by weight, or Five vegetable mix in which none of the vegetables is less than 8% or no more than 30% by weight. U.S. Grade A - C. As defined in Title 7 52.2121-2141. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8915

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 Vegetable, Peas and Carrots, Frozen. Peas not less than 50% by weight and Diced style Carrots not less than 25% by weight, U.S.

Grade A, U.S. Fancy, U.S. Grade B, U.S. Extra Standard, U.S.

Grade C, or U.S. Standard. As defined in Title 7 52.2501-2510.

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

PSC: 8915

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1/4 inch, 47 - 54 units per pound. Un-seasoned, seasoned with spices, or seasoned with spices and sal

(CID A-A-20038C, Pack Type II, Style A, CrossSectional Dimension 1, Length i or Length ii - Other (purchaser specify {COINS}), Count A, Blanching method a or b, Seasoning 2, 3, or 5. Cooking/heating method (a) or (b)). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada.

PSC: 8915

9,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 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. Must be name brand.

PSC: 8945

35 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 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

9,500 LB $________ $_________________

15B61124Q00000020 Page 11 of 44 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled Beef, All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy red appearance. Product that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags. Note weight of packaging and case size on bid.

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 Meats, Beef, Ground, Patties, IMPS 1136, 80% Lean, Frozen, Round in Shape, with Paper Separation or Individually Quick Frozen. Ground Beef Patties shall consist of chopped fresh and/or frozen beef without seasoning.

In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST BE 6 MONTHS OR

YOUNGER UPON DELIVERY WITH THE DATE CLEARLY ON

THE LABEL, (NO STAMPED OR WRITTEN DATES ALLOWED).

When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled Beef, All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy red appearance. Product that is grey, brown or tan in color will be rejected. Product to be packed in 10 to 60 lb cases. 1 mil or thicker bags. Patties will be packed in boxes completely lined with plastic bags. The open end of the bag will overlap at the top to completely cover the product. Size of patty to be determined locally and size noted on bid.

PSC: 8905

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Meats, Beef Sandwich Steaks, Flaked, Chopped, Formed and Wafer Sliced; Beef Steaks, Sliced and Formed, Frozen; or Beef Slices, Frozen, IMPS 1138A, 1138B, or 1139. Steaks shall be prepared from boneless beef that complies with the material requirements of

Item No. 136 or 139. The flaking, chopping, forming, and slicing process shall be in compliance with FSIS Regulations and shall produce steaks which are moderately fine textured. Product shall comply with fat content requirements of Item No. 136 or

139. Each steak shall consist of two or more thin slices weighing approximately one ounce each. No more than a minor amount of green/brown/gray rings shall be present. Steaks shall be packaged with paper separators between each steak. Slices shall be approximately 4.75 x 7.5 inches. Portion-cut products will be placed in fiberboard boxes lined with a plastic bag. The open end of the bag will overlap at the top to completely cover the product.

PSC: 8905

5,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0062 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 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 these specifications. Product must be packaged in plastic bags or casings. Filled bags or casings will have practically all air pockets forced out through the open end and will be closed by metal or plastic clips, tying, or folding to completely cover the product.

PSC: 8905

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, & Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 & 70.200

3,500 LB $________ $_________________

15B61124Q00000020 Page 12 of 44 processing activities shall comply with all applicable FSIS regulations & requirements, including 9 CFR § 381, & 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 & packed, & 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, & 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). 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; & shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use.

Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS.

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

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Meats, Chicken, Boneless, Skinless, Raw, White Meat (Tender ), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq.

Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted. Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process. Unbreaded. Packed in poly bag boxes.

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

All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8905

6,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0065 Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200, Unbreaded.

"Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached. Delivered amounts of Leg Quarter portions can be random sizing, with the portion size not to be smaller than 12 ounces and not to exceed 18 ounces.

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

All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8905

10,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0066 Meats, Chicken, Ground, Raw, (Not Mechanically Separated), Bulk, Frozen, Fat content may not exceed 15%. Delivered cases must be labeled with fat content.

Manufacturer’s letters will NOT be accepted in lieu of labeling.

Product must be in sealed bags. No open bags or packaging.

3,500 LB $________ $_________________

15B61124Q00000020 Page 13 of 44

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

PSC: 8905

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0067 Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B.

Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. (Grade Standards are separate for Cod, Flounder, Sole, and Haddock and must comply with those standards). Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing. 100% net weight, No water or glaze weight added. Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight. Manufacturer’s letters will not be accepted in lieu of labeling. Note type and size on bid. 4 to 7 oz.

PSC: 8905

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0068 Meats, Fish, Breaded, Cod, or Other, Fillet Block, Single Frozen, Portion, Any Shape, Any Oven Ready Weight, Fried Fish Type, Composition

(a) (Meets the requirements of U.S. Grade A [Portions – 65 percent by weight of fish flesh; all other fishery product types – 60 percent by weight of fish flesh]), Crumb Coated Breading, Unflavored. (CID A-A-20325, Fish Species II, or III, Style A, Type 2, Oven Ready Weight (a – d), Shape (1-3), Fried Fish Type (b), Composition (a), Coating (1). 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 Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

PSC: 8905

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0069 Meats, Turkey, Boneless, Skinless, Whole Muscle Breast, Fully Cooked, Frozen. US Grade A, 3 – 6 lb range.

Product shall be produced from non-basted, U.S. Grade A turkey breasts from freshly harvested young turkeys (AMS 70.202(b)).

Individually packaged in moisture proof plastic film bags, packed with a minimum 6 breasts per case. May contain up to 18% solution of water. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8905

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0070 Meats, Frankfurters (Hot Dogs), Fully Cooked, Frozen, Beef, 6 inch, 8:1 or Ratio (must specify weight ratio on bid)

Skinless, Without non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, dried whole milk, and/or calcium-reduced dried skim milk. The finished product shall not contain more than 30 percent fat or no more than 10 percent added water, or a combination of 40 percent fat and added water. Non-meat binders and extenders may be used up to 3.5 percent individually or collectively with other binders and extenders in the frankfurters per 9 CFR § 424.21 (c).

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 Food Safety Inspection Service (FSIS) Standards and Labeling Policy.

Manufacturer’s letters will NOT be accepted in lieu of labeling.

PSC: 8905

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0071 Bread, Roll, Enriched, Finger (Hot Dog), Wheat, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053C, Type I, Class of Roll D, Style

1,800 EA $________ $_________________

15B61124Q00000020 Page 14 of 44 of Roll 3, Bake Type a, Slice Type i, Product State a, Seed type I, Agricultural practice (i)).

Fresh bread shall be delivered within 48 hours after baking. State package size on bid.

PSC: 8920

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0072 Bread, Roll, Enriched, Sandwich (Hamburger), Whole Wheat, Part Whole Wheat, or Multigrain, Pan Baked, Sliced, Fresh, Seedless.

Fresh bread shall be delivered within 48 hours after baking. State type and package size on bid.

PSC: 8920

3,125 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0073 Bread, White, Whole Wheat, White wheat, or Wheat, Unseasoned, Fresh, Any Loaf Size, Pan Baked, Sandwich, Sliced, Enriched, Seedless.

Enrichment Type A (a), Seed Type 2 (ii), Agricultural practice (i)).

Fresh bread shall be delivered within 48 hours after baking. State type and loaf size on bid.

PSC: 8920

2,700 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0074 Eggs, Shell, Whole, Fresh, U.S. Grade A, Large, 15 Dozen per case

PSC: 8910

47 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0075 Eggs, Pasteurized, Homogenized Whole, Frozen, 30 pound case.

One case yields 270 large whole eggs.

PSC: 8910

1,600 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0076 Beverage packet 1 oz, mix with 6-8 ounce water, 1 case 1000 count fortified vitamins.

PSC: 8945

200,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0077 Cake mix 50lb, just add water Blue berry

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0078 Cake mix 50lb, just add water Coffee cake

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0079 Cake mix 50lb, just add water Yellow cake

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0080 Marinara 6#10 cans .

PSC: 8945

160 CS $________ $_________________

Firm Fixed Price (See Continuation Sheets)

15B61124Q00000020 Page 15 of 44

Section 2 - Contract Clauses

Clauses By Full Text

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023)

I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, or liability under any other civil and/or criminal law, rule, regulation, or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.

C. Covered Contract is any contract, order or other agreement under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information (as defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.

D. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information under a Covered Contract.

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below). The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

F. DOJ Information, as defined in DOJ Order 0904, means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by the Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired to perform the contract.

15B61124Q00000020 Page 16 of 44

G. Information, as defined in DOJ Order 0904, is any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. This includes any communication or representation of knowledge in an electronic format that allows it to be stored, retrieved, or transmitted.

H. Information System, means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502(8)).

I. Personally Identifiable Information (“PII”), as defined in the FAR 24.101, means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. It includes but is not limited to common data elements such as names, addresses, dates of birth, and places of employment, to identity documents, Social Security numbers or other government-issued identifiers, precise location information, medical history, and biometric records.

This definition covers all PII that is created by or becomes available to the contractor, including its employees, subcontractors, or affiliates, as a result of performing under this contract. PII, as supplementally defined in DOJ Order 0904, also includes information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual’s identity.

J. Private Cloud, as defined in NIST SP 800-145, is the deployment model for cloud infrastructure provisioned for exclusive use by a single organization comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.

K. Security Breach means any security incident (as defined below) that directly relates to the loss of control, compromise, exfiltration, manipulation, unauthorized disclosure, unauthorized acquisition, unauthorized exposure or unauthorized access or any similar occurrence of any Covered Information System or any DOJ Information or any PII accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system. This includes incidents where (1) a person other than an authorized user accesses or potentially accesses PII or DOJ Information or (2) an authorized user accesses or potentially accesses PII or DOJ Information for an unauthorized purpose.

a. Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed security breach (as defined above).

b. Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed security breach (as defined above).

L. Security Incident means any occurrence that (1) may actually or imminently jeopardize, without lawful authority, the availability, integrity, authentication, confidentiality, or nonrepudiation of DOJ Information or a Covered Information System; or (2) may constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

a. Potential Security Incident means any suspected, but unconfirmed security incident (as defined above).

b. Confirmed Security Incident means any confirmed security incident (as defined above).

M. Vulnerability, as defined in DOJ Vulnerability Management Plan, and the OCIO Information Security Management Procedure, means a weakness or flaw discovered in the design of a system that, when exploited, may result in a loss of confidentially, integrity, or availability of DOJ Information or an Information System.

III. Confidentiality and Non-Disclosure of DOJ Information A. Preliminary and final contract deliverables and all associated working papers and material generated by the Contractor developed using DOJ Information, product, source code, and/or methods of operations, are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14 (Rights in Data-General). The Contractor will define a method of monitoring the development activity to include any activity associated with DOJ Information, product, source code, and methods of operations. The data rights and development details shall be defined within the Contract.

15B61124Q00000020 Page 17 of 44

If the Contractor intends to utilize its existing data, for which it has a patent or copyright, to develop a contract deliverable, it is incumbent upon the Contractor to negotiate with the CO the proper FAR Part 27 clauses in the contract to protect its existing data.

B. Pursuant to FAR 52.227-14(d)(2), all documents and data produced in the performance of this contract containing DOJ Information, product code, source code, and/or methods of operations are the property of the U.S.