2nd qtr dry good items FY22 RFQ.pdf

15B11122Q00000003 Page 1 of 29

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

15B11122PR000037

PAGE 1 OF

5. SOLICITATION NUMBER

15B11122Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/09/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME yghoston-williams@bop.gov

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

TIME

12/23/2021 12:00 CT

CODE 15B111

Federal Bureau of Prisons FCI Memphis 1101 John A Denie Rd Memphis, TN 38134

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: 15000000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE16. ADMINISTERED BY

V. Johnson 1101 John A. Denie Rd.

Memphis, TN 38134

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B111CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Memphis 1101 John A Denie Rd Memphis, TN 38134 yghoston-williams@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 NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Firm Fixed Price Tuna Fish Cans

PSC: 8905

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

438 CS $________________ $________________

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Erik Ponder

31c. DATE SIGNED

12/09/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B11122Q00000003 Page 2 of 29

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B11122Q00000003 Page 3 of 29

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2021) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.214-4 False Statements in Bids (Apr 1984) 52.214-5 Submission of Bids (Dec 2016)

15B11122Q00000003 Page 4 of 29

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), Packed in Water, Salt/Sodium Level Regular, No Sald Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D, Type A or B, Form I, Color A or B, Packing Media 1, Salt/Sodium Level A, B, C, or D). Sodium content will not exceed 1.5% salt. Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth. Quote must specify size and packing of case and if quoting on cans or pouches.

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Cheddar Cheese 40 Pound Case

Cheese, Cheddar, U.S. Grade AA or A. “Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 19.500). Manufacturer’s letters will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 lb to 40 lb sealed Bags or containers.

PSC: 8910

Line Period of Performance: 01/01/2022 - 03/31/2022

3,840 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Hummus

Hummus, Prepared. Made from cooked mashed chickpeas, blended with tahini (tehena), oil, citrus juice, salt and garlic.

Individual or Bulk. Quote must specify if quoting on individual or bulk and case size. Product will not contain any animal by product or ingredients.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

1,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Margarine, 5gm, Each, 12 LB Case=1080 Each

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: 01/01/2022 - 03/31/2022

75,600 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Tofu Firm, Pounds-1

Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta

4,260 LB $________ $_________________

15B11122Q00000003 Page 5 of 29

Lactone, and Calcium Chloride. Note package size on bid.

Product will not contain any animal by product or ingredients.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 BRAN FLAKES, 20 POUNDS PER CASE

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from Whole grains or combination of whole and refined grains. (CID A- A-20000D, Type I, Class 5, Grain Composition A). Bulk package range 12 to 40 lb case. Specify case weight on bid.

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

9,280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 SUGAR SUBSTITUTE, IND 3000 COUNT PER CASE

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

PSC: 8925

Line Period of Performance: 01/01/2022 - 03/31/2022

615,000 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 TACO SHELLS, EACH, 200 PER CASE

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

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

56,200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 BEANS, BLACK, 6 #10 CASE

Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type I, Class K or Type IV, Class A; Style 1). 6/#10 cans per case

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

75 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 BEANS, BLACK, DRY, 50 POUND BAG

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

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

19,300 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 BEANS, GARBANZO, 6 # 10 CANS PER CASE

Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID AA-20134C, Type I or IV, Class E or J, Style 1). 6/#10 cans per case

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

45 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 BEANS, KIDNEY, 6 #10 CANS PER CASE

Beans, Kidney or Red, Canned, In Brine, Meatless, Light or Dark Red. (CID A-A-20134C, Type I or IV, Class C, D, E, or I, Style 1).

6/#10 cans per case

125 CS $________ $_________________

15B11122Q00000003 Page 6 of 29

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 BEANS, KIDNEY, DRY, 50 POUND BAG

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

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

4,000 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 BEANS, NAVY, DRY, 50 POUND BAG

Beans, Dry, Navy, U.S. Grade 1 - 3

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

850 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 BEANS, PINTO, 6 # 10 CASE

Beans, Pintos, Canned, In Brine, Meatless. (CID A-A-20134C, Type I or IV, Class B, Style 1). 6/#10 cans per case

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

90 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 BEANS, PINTO, DRY, 50 POUND BAG

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

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

11,700 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 CARROTS, 6 # 10 CANS

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum drain weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

640 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 CATSUP, CASE, 6 # 10 CANS

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans or Pouches per case. State can or pouch on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

110 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 GRITS, BULK, POUNDS, 50 POUND BAG

Hominy Grits, Enriched, White or Yellow, Regular (CID A- A-20035D, Type I or II, Style A).

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

2,850 BG $________ $_________________

15B11122Q00000003 Page 7 of 29

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 OATMEAL, BULK, POUNDS, 50 POUND BAG

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

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

8,300 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 CINNAMON, GROUND, POUNDS

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.

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

40 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 COFFE CAKE MIX, 50 POUND BAG

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

3,450 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 CORN, 6#10 CANS

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR

155.130. Originated from crops that have been 100 percent

grown, processed, and packed in the United States or Canada. 6/ #10 cans or pouches per case or 6/75 oz vac-pack cans per case.

State type of can or pouch on bid.

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

620 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Cornmeal, 50 Pound Bag

Corn Meal, Degermed (lower fat), Enriched, White or Yellow, Course Granulation (CID A-A-20066B, Type III, Class B, Color 1 or 2, Granulation a).

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

900 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 DRESSING, CREAMY ITAL, GALLONS, 4-1 GAL PER CASE

Dressing, Salad, Pourable, Regular, Lit, Reduced Fat, or Fat Free, Any Flavor, Creamy Style. (CID A-A-20162B, Type I, II, III, or IV, Any Class, Creamy Style). 4/1 Gallon plastic containers per case.

Note Class on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

120 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 DRESSING, ITAL LOW CAL, GALLONS 4-1 GALLONS PER

CASE

Dressing, Salad, Pourable, Regular, Lit, Reduced Fat, or Fat Free, Any Flavor, Creamy Style. (CID A-A-20162B, Type I, II, III, or IV, Any Class, Creamy Style). 4/1 Gallon plastic containers per case.

Note Class on bid.

315 CS $________ $_________________

15B11122Q00000003 Page 8 of 29

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 DRESSING, SALAD MAYO, GALLONS, 4-1 GALLONS PER CASE

Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light (CID A-A-20140D, Type I, Style A, B, C, or D). 4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

930 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 FLOUR, ALL PURPOSE, BY THE POUND

Flour, General, All Purpose, or Whole Wheat Flour, Unbleached.

(CID A-A-20126F, Type II or VI, Style A).

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

15,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 GREEN BEANS, 6 #10 CANS PER CASE

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

Line Period of Performance: 01/01/2022 - 03/31/2022

1,005 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 IMITATION SYRUP, 4-1 GALLONS PER CASE

Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E.) Syrup shall be manufactured in accordance with the U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. 4/1 Gallon Plastic Containers per case. State flavor on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

316 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 JELLY, ASSORTED, 10 GRAM. EACH, 200 COUNT CASE

Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry, or Strawberry. Regular Sugar, U.S.

Grade A or Equivalent. (CID A-A-20078C, 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. Specify case count and kind on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

83,448 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 JELLY, DIET, 10 GRAM, EA. 200 COUNT CASE

Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry, or Strawberry. Reduced Sugar, U.S.

Grade A or Equivalent. (CID A-A-20078C, 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. Specify case count and kind on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

8,455 CS $________ $_________________

15B11122Q00000003 Page 9 of 29

0033 KOSHER POTATO CHIPS, 60 CT

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

Note case count and flavors in bid.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

6,000 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 MUSTARD, GALLONS, 4-1 GALLON PER CASE

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

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

164 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 NUTMEG , GROUND 1- POUND

Spices, NUTMEG , Ground. (CID A-A-20001B, Type I, Class L, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

PSC: 8920

Line Period of Performance: 01/01/2022 - 03/31/2022

25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 PASTE, EGG NOODLE 10 POUND CASE

Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063C, Type I or Type II, Style B). 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

2,340 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 PASTA, ELBOW MACARONI, 20 POUND PER CASE

Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type I, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR

139.113 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

6,240 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 PASTA, LASAGNA POUNDS, 20 POUND PER CASE

Pasta, Lasasgna Noodles, Curl or Flat Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type VIII, Class 1 of 2, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

400 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 PASTA, ROTINI, POUNDS, 10 POUNDS PER CASE

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

Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

PSC: 8945

1,490 CS $________ $_________________

15B11122Q00000003 Page 10 of 29

0040 PASTA, SPAGHETTI, POUNDS, 20 POUNDS PER CASE

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

Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

7,160 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 PEANUT BUTTER IND 2OZ EACH

Peanut Butter, Regular or Reduced Fat, Smooth, Stabilized, Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1, Type a, Fortification 1, Seasoning (a) or (b). 2 oz Individual Packets. Specify total count per case on bid.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

4,240 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 PEAS,GREEN, 6#10 CANS

Vegetable, Peas, Sweet, Canned. U.S. Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per cas. State can or pouch on bid.

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

290 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 PICKLE RELISH, GALLONS, 4-1 GALLONS PER CASE

Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

344 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 RICE 50 POUND BAG

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

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

400 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 POTATO CHIPS, HR-EACH-60 COUNT PER CASE

Chips, Potato, Baked, 1 oz sealed individual package, various flavors. Note case count and flavors in bid.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

11,400 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 SALAD OIL, GALLONS, 5 GALLON CONTAINER( 35 LBS

CONTAINER)

Shortening, Liquid (deep-fry cooking) (CID A-A 20100D, Type III).

Shortening will consist only of deodorized vegetable fats and oils, or blends of vegetable oils. The fats and oils will have been processed by hydrogenation. Shortening shall contain antifoaming agents and may contain antioxidants. Smoke point meets or exceeds 425 degrees F. 5-Gallon Container or 35 lb container (4.4 gallon). Note package size provided on bid.

240 EA $________ $_________________

15B11122Q00000003 Page 11 of 29

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 SHORTENING, SOLID, 50 POUND BLOCK

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

Shortening will consist only of partially hydrogenated deodorized vegetable oil or blends of vegetable oils. Product shall not contain antioxidants or antifoaming agents. Smoke point meets or exceeds 425 degrees F, 50 pound block.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

1,500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 SOUP BASE, BEEF, LOW SODIUM 1-POUNDS

Soup Base, Bouillon, Beef Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type I, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

250 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 VEGETABLE SOUP BASE, BY THE POUND

Soup Base, Bouillon, Vegetable Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type IV, Class 2 or 3, Style A, Flavor Enhancer A). Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz. of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb = 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

415 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 SPINACH, 6 # 10 CANS

Vegetable, Spinach, Cut leaf of Sliced, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 51.990. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

270 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 SUGAR, BY POUND

Sugar, White (Refined), Granulated (fine, extra fine, or super fine) (CID A-A-20135D, Type I, Style A or B).

3,700 LB $________ $_________________

15B11122Q00000003 Page 12 of 29

PSC: 8925

Line Period of Performance: 01/01/2022 - 03/31/2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 TOMATOES, DICED, 6 # 10 CASE

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

PSC: 8915

Line Period of Performance: 01/01/2022 - 03/31/2022

890 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 TORTILLA CHIPS,BULK, 15 LB BAG/CASE

Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.

PSC: 8945

Line Period of Performance: 01/01/2022 - 03/31/2022

890 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 WORCESTERSHIRE SAUCE, 4-1 GALLON CASE

Sauce, Worcestershire. (CID A-A-20099C). 4/1 gallon plastic containers per case.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 FLOUR, TORTILLA, 10" EACH

Tortillas, Wheat, White with spices or herbs, or Other. 7" - 10" in diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each.

State case count on bid.

PSC: 8950

Line Period of Performance: 01/01/2022 - 03/31/2022

50,500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 DESSERT, ASST IND EACH 1

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

Line Period of Performance: 01/01/2022 - 03/31/2022

45,400 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 FRENCH FRIES 30 POUNDS PER CASE

Vegetable, Potatoes, French Fries, Frozen, Institutional type, Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 x 3/4 inch and be Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer. FRYABLE or OVENABLE. (Instructions on how to prepare in the oven/fryer are acceptable) U.S. Grade A, U.S. Fancy or U.S. Grade B. As defined in Title 7 62.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. Examples of acceptable types also includes wedges, waffle cut, and steak cut.

PSC: 8945

700 CS $________ $_________________

15B11122Q00000003 Page 13 of 29

15B11122Q00000003 Page 14 of 29

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(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 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;

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

15B11122Q00000003 Page 15 of 29

(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.

(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.

15B11122Q00000003 Page 16 of 29

(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 32.608-2 of the Federal Acquisition Regulation 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 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.

15B11122Q00000003 Page 17 of 29

(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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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, 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.

15B11122Q00000003 Page 18 of 29

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

15B11122Q00000003 Page 19 of 29

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.