15B61125Q00000001.pdf

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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

15B61125Q00000001

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/09/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

E. Kramer ekramer@bop.gov

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

TIME

09/23/2024 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):

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B611CODE15. DELIVER TO

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

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

Contracting Office SET-Contracting-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: October 01, 2024 to December 31, Deliveries after October 21, 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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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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

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Table of Contents

Section Description Page Number

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.216-18 Ordering (Aug 2020) 52.211-17 Delivery of Excess Quantities (Sept 1989) 52.211-16 Variation in Quantity (Apr 1984) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

3 List of Attachments 4 Solicitation Provisions

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, 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

0002 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

0003 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 practice (aa)).

Bulk package range 12 to 40 lb

PSC: 8920

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 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

7,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 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, beef flavor. Product to be Vegan alternative for Beef Patty. Product will not contain any animal by products or ingredients.

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 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: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 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.

500 LB $________ $_________________

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50 pound block.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 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

0009 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.

Must be name brand product.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 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.

PSC: 8950

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 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: 8950

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 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: 8950

35,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 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: 8950

32,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 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 $________ $_________________

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Pizza, Prepared, Frozen, Cheese, Thin Crust, Mozzarella Cheese

(Regular, Lite or Low-moisture part skim as indicated in 21 CFR 133.144, 133.158, and 133.113), Enriched wheat or whole wheat crust, Wedge, Rectangle, Round Individual, or Round Oversized (specify size), Individually Quick Frozen. (CID A-A20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a, Shape 1, cut b; Shape 2, cut b; Shape 3, cut d, e, or f; or Shape 4.)

Ingredients: Pizza will consist of a dough crust, tomato sauce, cheese and spices. The dough crust shall contain enriched flour and yeast and/or other leavening agents. The sauce shall be prepared from peeled and cored tomatoes, tomato puree, and/or tomato paste; water; and spices, including salt;

and/or other ingredients as appropriate. Product shall be manufactured not more than 180 days prior to delivery. Bid Quote MUST indicate actual portion weight, dimensions, & case pack.

PSC: 8945

2,800 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 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

0017 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

0018 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 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 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

0020 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

0021 Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random Sliced Whole, Sliced Buttons, or Stems and Pieces.

10 CS $________ $_________________

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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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 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

0023 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

0024 Vegtable, 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

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Vegetable, Broccoli, Frozen, Spears, Short Spears, Cut or Chopped. U.S. Grade A or B. As defined in Title 7 CFR 52.631 -

644. *MUST be packed in United States, Canada or Mexico).

PSC: 8915

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 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. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada

PSC: 8915

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 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

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 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

1,200 LB $________ $_________________

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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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 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

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 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 salt. (CID A-A-20038C, Pack Type II, Style A, Cross-sectional 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

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Sauce, Barbeque, Plain/Regular, Honey, Or Hickory Smoke, Without fruit purees added.

(CID A-A20335B, Flavor I, II, or III, Type B).

4/1 Gallon Plastic Containers per case.

Must be name brand.

PSC: 8950

35 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Meats, Beef, Ground, 80% Lean, IMPS 136, delivered Frozen.

Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST

BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE

DATE CLEARLY ON THE LABEL, (NO STAMPED OR WRITTEN

DATES ALLOWED). When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent;

(NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 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

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 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

1,500 LB $________ $_________________

15B61125Q00000001 Page 9 of 56 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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 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

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Meats, Chicken Breast, Boneless, Skinless, Raw, White Meat (Breast Meat), Frozen, A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS)

Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and

70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality.

All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection. The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order. Frozen commodity when specified in the Solicitation, shall be processed, packaged and packed, and placed in a freezer within 7 calendar days after the date of harvest. Product must be produced under FSIS pathogen reduction standards, as specified in 9 CFR § 381. Boneless, skinless breasts must be free of cartilage, fat, holes, tendons, bone pieces, blood clots, bruises, cuts, tears, and muscle mutilations. Slight discolorations is permitted, provided it does not detract from the appearance of the product. Unbreaded. – All packaging materials shall comply with FSIS regulations (9 CFR § 381.144 Packaging Materials). All packaging and packing materials must be clean and in new condition, shall not impart objectionable odors or flavors to the commodity, shall be safe for use in contact with food products (cannot adulterate product or be injurious to health). Packed in poly bag boxes. Polyethylene-film Bags – Shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use. Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS. Products produced or labeled with any phrase “under religious exemption” will be refused. No Sodium added. Size of chicken breast, 5 -7 ounce. Note size on the bid.

PSC: 8905

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 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, skinless breasts must be free of cartilage and fat.

3,500 LB $________ $_________________

15B61125Q00000001 Page 10 of 56

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, Unbreaded.

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

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 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. Products produced or labeled with any phrase “under religious exemption” will be refused.

PSC: 8905

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 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

0040 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]), 1,200 LB $________ $_________________

15B61125Q00000001 Page 11 of 56

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 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

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 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. (IMPS 800, Major Ingredient D or D1 OR CID A-A-20341A, Type II, Byproducts or variety meats A - None, Curing agents 2 - Cured, Non-meat binders and extenders (a) or (b), Nutrient content claim (1) or (2), Links per pound of meat ratio (iii) or (iv), Package size (gg), Agricultural practice 1). 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

0043 Bread, Roll, Enriched, Finger (Hot Dog), Wheat, Pan Baked, Sliced, Fresh, Seedless.

(CID A-A-20053C, Type I, Class of Roll D, Style 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

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Bread, Roll, Enriched, Sandwich (Hamburger), Whole Wheat, Part Whole Wheat, or Multigrain, Pan Baked, Sliced, Fresh, Seedless

(CID A-A-20053C, Type I, Class of Roll C, Style of Roll 2, 3, or 4, 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 type and package size on bid.

PSC: 8920

2,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Bread, White, Whole Wheat, White wheat, or Wheat, Unseasoned, Fresh, Any Loaf Size, Pan Baked, Sandwich, Sliced, Enriched, Seedless.

(CID A-A-20052C, Type I, Style B, Type II, Type III, or Type IV, Style

1,900 EA $________ $_________________

15B61125Q00000001 Page 12 of 56

B, Product State 1, Loaf Size a-e f, Bake Type i I, Shape a) or b), Slice Type I (1), 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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Cake mix 50lb, just add water Blue berry

PSC: 8945

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Cake mix 50lb, just add water Coffee cake

PSC: 8945

800 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Cake mix 50lb, just add water Yellow cake

PSC: 8945

800 LB $________ $_________________

Firm Fixed Price

15B61125Q00000001 Page 13 of 56

Section 2 - Contract Clauses

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

15B61125Q00000001 Page 14 of 56

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

15B61125Q00000001 Page 15 of 56

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

15B61125Q00000001 Page 16 of 56 of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, 15B61125Q00000001 Page 17 of 56 fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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 Full Text

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at…