15B61125Q00000011.pdf

15B61125Q00000011 Page 1 of 33

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

15B61125Q00000011

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/06/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Elizabeth Kramer SET-Contracting-S@bop.gov

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

TIME

05/21/2025 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 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

CODE15. DELIVER TO 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

Accounting 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

REFER TO DELIVERY SCHEDULE

Meat/Subsistence FY25 Q4 Performance Period: July 01, 2025 to September 30, 2025 Delivery by July 20, 2025 (see attachment 1 - Local Contract Requirements for exceptions) Type or print legibly:

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

15B61125Q00000011 Page 2 of 33

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

15B61125Q00000011 Page 3 of 33

Table of Contents

Section Description Page Number

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

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025)

3 List of Attachments 4 Solicitation Provisions

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

15B61125Q00000011 Page 4 of 33

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Kidney or Red, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Beans, Dry, Lentils, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 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

Line Period of Performance: 07/01/2025 - 09/30/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 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

Line Period of Performance: 07/01/2025 - 09/30/2025

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B61125Q00000011 Page 5 of 33

0009 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

Line Period of Performance: 07/01/2025 - 09/30/2025

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 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. Type of cereal may be specified locally. Corn Flakes, or Corn flakes with sugar glaze.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Chips, Potato, 1 oz sealed individual package, various flavors.

Note case count and flavors in bid.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 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

Line Period of Performance: 07/01/2025 - 09/30/2025

5,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 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

Line Period of Performance: 07/01/2025 - 09/30/2025

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 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

Line Period of Performance: 07/01/2025 - 09/30/2025

200 LB $________ $_________________

15B61125Q00000011 Page 6 of 33

0016 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

Line Period of Performance: 07/01/2025 - 09/30/2025

75 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 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

Line Period of Performance: 07/01/2025 - 09/30/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 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.

Must be name brand product.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 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

Line Period of Performance: 07/01/2025 - 09/30/2025

25,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 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

Line Period of Performance: 07/01/2025 - 09/30/2025

35,000 EA $________ $_________________

15B61125Q00000011 Page 7 of 33

0022 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

Line Period of Performance: 07/01/2025 - 09/30/2025

32,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

40,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 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

Line Period of Performance: 07/01/2025 - 09/30/2025

2,800 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 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

Line Period of Performance: 07/01/2025 - 09/30/2025

5,400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 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

Line Period of Performance: 07/01/2025 - 09/30/2025

5,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

35,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 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

56 CS $________ $_________________

15B61125Q00000011 Page 8 of 33 pouches per case. State can or pouch on bid.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 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

Line Period of Performance: 07/01/2025 - 09/30/2025

20 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 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

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

10 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Vegetable, Potatoes, White, Dehydrated, Mashed, Granules or Flakes without or with peel. (CID A-A20032G, 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 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: 8945

56 CS $________ $_________________

15B61125Q00000011 Page 9 of 33

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

4,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Vegtable, 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 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

3,500 LB $________ $_________________

15B61125Q00000011 Page 10 of 33

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Fruit, Fruit Cocktail, Canned, U.S. Grade A, B, or U.S. Fancy, Standard of Identity contained in 21 CFR 27.40 and 27.43.

Proportion of Fruit ingredients shall contain Peaches (30%), Pears (25%), Grapes (6%), Pineapple (6%), and Cherries (2%).

Packed in light syrup, lightly sweetened fruit juice and water, lightly sweetened fruit juice, slightly sweetened water, extra light syrup, slightly sweetened fruit juice and water, slightly sweetened fruit juice, or in water.

6/#10 cans per case

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 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

Line Period of Performance: 07/01/2025 - 09/30/2025

35 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Spice, Chili Powder Blend, Ground, (CID A-A-20001B, Type II, Class A).

Blend shall have a reddish brown color and be free from lumps.

The chili powder blend should include, but is not limited to, the following ingredients: ground chili pepper, cumin, oregano, salt, and garlic powder. Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients. 1/2 oz. to 50 lb sealed containers. Note price by the pound.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Spices, Cinnamon, Ground, Not fortified. (CID A-A-20001B, Type I, Class I, Form 1, Fortification A).

Packaging must indicate actual delivered weight of product. Pure

- no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

Note price by the pound.

PSC: 8945

200 LB $________ $_________________

15B61125Q00000011 Page 11 of 33

0046 Spices, Garlic, Powder.

From dehydrated garlic bulb ground to a fine powder after the milling process. 100% air dried garlic. Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic. No off notes. Texture - A dry medium fine granular powder, slightly fibrous.

Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note package size on bid.

Note price by the pound

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 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 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

3,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 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

1,200 LB $________ $_________________

15B61125Q00000011 Page 12 of 33 prepared from boneless beef that complies with the material requirements

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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 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

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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 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.

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: 8945

3,500 LB $________ $_________________

15B61125Q00000011 Page 13 of 33

0052 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

12,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 Meats, Fish Fillets, Raw, Individually Quick Frozen, Unglazed, Skin-on, Skin-on (white side only), or Skinoff (skinless), Practically boneless fillet. U.S. Grade A or B. Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaic 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

15B61125Q00000011 Page 14 of 33

0056 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

1,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 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: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 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 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), 4,500 EA $________ $_________________

15B61125Q00000011 Page 15 of 33

Agricultural practice (i)). Fresh bread shall be delivered within 48 hours after baking.

State type and loaf size on bid.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Cake mix 50lb, just add water Blueberry.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0062 Cake mix 50lb, just add water Coffee cake.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 Cake mix 50lb, just add water Yellow cake.

PSC: 8945

Line Period of Performance: 07/01/2025 - 09/30/2025

2,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Marinara 6#10 cans

PSC: 8945

120 CS $________ $_________________

15B61125Q00000011 Page 16 of 33

Section 2 - Contract Clauses

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) FAR 52.212-5.

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

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

(6) Solicitation provisions if this is a solicitation.

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

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

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

15B61125Q00000011 Page 17 of 33 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

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

Government, the following shall apply:

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

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

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

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

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

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

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

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

(vi) Updating terms.

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

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

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

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

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

(C) Any agreement…