4TH QTR FY2020 SUBSISTENCE (GENERAL).pdf

15B11820Q00000007 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B11820Q00000007

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/08/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LANCE M. WILEY lwiley@bop.gov

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

TIME

05/22/2020 16:00:00

CODE 15B118

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

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: 311999

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

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

15B118CODE15. DELIVER TO

Federal Bureau of Prisons USP Big Sandy

1197 AIRPORT ROAD

Inez, KY 41224

Lance Wiley lwiley@bop.gov

CODE BBSY16. ADMINISTERED BY

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

LANCE M. WILEY

lwiley@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBSYCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

Crystal Rudder lwiley@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

Delivery Date: 06/22/2020

4TH QTR FY2020 SUBSISTENCE (GENERAL)

RP#

***DELIVERIES MUST BE MADE BETWEEN JUNE

22, 2020 - JULY 3, 2020.***

THIS PRICE IS DEEMED FAIR, REASONABLE, AND

ADVANTAGEOUS TO THE GOVERNMENT.

SMALL BUSINESS SET-ASIDE

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Tony Taylor

31c. DATE SIGNED

05/08/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 bop39742 Highlight bop39742 Highlight

15B11820Q00000007 Page 2 of 41

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

15B11820Q00000007 Page 3 of 41

Table of Contents

Section Description Page Number

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

52.242-15 Stop-Work Order (Aug 1989) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020) 52.233-3 Protest after Award (Aug 1996)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.212-2 Evaluation-Commercial Items (Oct 2014)

15B11820Q00000007 Page 4 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

Fish, Tuna, Light Meat, Chunk, Packed in Water, CID A-A-20155C, Type A or B, Form 1, Color A, Packing Media 1, Salt/Sodium level A,. Tuna can be a product of the U.S. or other foreign country that meet the requirements of 21CFR123.12.

Product may contain vegetable broth.

NO SOY. NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) - 66.5 oz. CANS PER CASE

PSC: 8945

200.000000 CS $___________ $_________ $___________

0002 Firm Fixed Price

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

Package size: 50 pound bag

PSC: 8945

100.000000 BG $___________ $_________ $___________

0003 Firm Fixed Price

Rice, U.S. Grade No. 1, Long Grain MILLED Rice, Parboiled Light

Package size: 50 pound bag

PSC: 8945

400.000000 BG $___________ $_________ $___________

0004 Firm Fixed Price

Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles, (CID A-A-20063C, Type I or Type II Style B). 10 lb to 20 lb sealed bags.

Bid per LB. State Case Size In Bid.

PSC: 8945

2,400.000000 LB $___________ $_________ $___________

0005 Firm Fixed Price

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.

State Case Size On Bid. Bid by lb.

PSC: 8945

5,000.000000 LB $___________ $_________ $___________

0006 Firm Fixed Price

Vegetable, Potatoes, (TATER TOTS) OVENABLE. Preformed, Precooked, Frozen, Institutional Type, Round, Cross-Sectional dimensions 3/4" to 1" diameter.

Length 1 to 1 1/2 inch, 47-54 units per pound, SEASONED with spices or seasoned with spices and salt. OVEN BAKED. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Lenth I, Count A, Seasoning 2, 3, or 5, Cooking Method A) Originated from crops that have been 100 percent grown, processed and packed in the United States or Canada.

OVENABLE MUST BE STATED ON THE BOX AS PART OF

COOKING INSTRUCTIONS.

CASE SIZE: 30 lb. each

PSC: 8945

300.000000 CS $___________ $_________ $___________

0007 Firm Fixed Price

Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape B, Enrichment Type I). Each.

130.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 5 of 41

Case Size: 200 per case.

PSC: 8925

0008 Firm Fixed Price

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 per case.

NO IPS. NO RELABELED, OR HOUSE BRANDS.

PSC: 8945

56.000000 CS $___________ $_________ $___________

0009 Firm Fixed Price

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 PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS.

PSC: 8915

336.000000 CS $___________ $_________ $___________

0010 Firm Fixed Price

Vegetable, Spinach, Cut leaf or 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 PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS.

PSC: 8915

224.000000 CS $___________ $_________ $___________

0011 Firm Fixed Price

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Super sweet, Golden (or yellow), Grade A. 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 PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS

PSC: 8915

336.000000 CS $___________ $_________ $___________

0012 Firm Fixed Price

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).

Packaging 12 lb to 40 lb Case. Specify case weight on bid.

PSC: 8950

8,000.000000 LB $___________ $_________ $___________

0013 Firm Fixed Price

Beef, Ground, 80% Lean, IMPS 136, Will consist of chopped fresh and/or frozen beef without seasoning. Beef 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 trimmed beef cheek meat is used in preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer letters will NOT be accepted in lieu of

10,000.000000 LB $___________ $_________ $___________

15B11820Q00000007 Page 6 of 41 labeling. Beef must have a rosy red appearance upon delivery.

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.

MUST NOT BE REPACKED. MUST BE FROM MAJOR PACKER.

NOTE WEIGHT OF PACKAGING, AND CASE SIZE ON BID.

PSC: 8905

0014 Firm Fixed Price

Beverage Mix, Assorted Flavors, Individual Packs, Each pack is to make a 8 oz. serving, 1 oz. pks.

1,000 PER CASE

PSC: 8905

100.000000 CS $___________ $_________ $___________

0015 Firm Fixed Price

Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast Meat), 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.

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.

(40lb CASE). MUST BE FROM MAJOR PACKER. MUST NOT BE

REPACKED.

PSC: 8905

10,000.000000 LB $___________ $_________ $___________

0016 Firm Fixed Price

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.

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 Cans Per Case

PSC: 8920

112.000000 CS $___________ $_________ $___________

0017 Firm Fixed Price

Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned with salt, without salt, no salt added, low sodium, or Other (CID A-A-20120E, Type II, Style A, B, C, D, or E). Minimum Drain weight of 64 oz.

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

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 CANS PER CASE

PSC: 8920

336.000000 CS $___________ $_________ $___________

0018 Firm Fixed Price

Vegetable, Peas, Sweet, Canned. US 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.

NO IPS. NO RELABELED, OR HOUSE BRANDS.

(6) #10 Cans Per Case

PSC: 8920

224.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 7 of 41

0019 Firm Fixed Price

Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, IMPS P1031 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 drum

(attached), with portion of the back attached. Delivered amounts of leg quarter portions can be random sizing, with the portion size

NOT SMALLER THAN 14 OUNCE AND NOT TO EXCEED 16

OUNCE. Packed in poly bag boxes. 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.

MUST BE FROM MAJOR PACKER. MUST NOT BE REPACKED.

PSC: 8920

15,000.000000 LB $___________ $_________ $___________

0020 Firm Fixed Price

"Kosher Margarine, 1/2 Ounce Sealed Individual Package, Refrigerated or Shelf Stable, Certified Kosher Parve. Each package must be marked with the kosher certification hechsher.

Case Size: State case size on bid

PSC: 8920

800.000000 EA $___________ $_________ $___________

0021 Firm Fixed Price

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 Specification for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, n, soybean, or peanut oil. Margarine contains not less that 80% fat.

PSC: 8945

40.000000 CS $___________ $_________ $___________

0022 Firm Fixed Price

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 Lactone, and Calcium Chloride.

Product will not contain animal by products or ingredients.

Note package size on bid.

PSC: 8920

2,000.000000 LB $___________ $_________ $___________

0023 Firm Fixed Price

Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type I, Class K or Type IV, Class A; Style 1)

(6) 10LB CANS PER CASE

PSC: 8945

56.000000 CS $___________ $_________ $___________

0024 Firm Fixed Price

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

Package size: 50 pound bag

PSC: 8945

100.000000 BG $___________ $_________ $___________

0025 Firm Fixed Price

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, Good to Reasonably Good Character (A), Minimum Drain Weight 59 oz. U.S. Grade A. As defined in Food and Drug Standard of

Identity 21 CFR 155.1203 Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

(6) #10 CANS PER CASE

NO IPS. NO RELABELED, OR HOUSE BRANDS

336.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 8 of 41

PSC: 8915

0026 Firm Fixed Price

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).

NO IPS. NO RELABELED, OR HOUSE BRANDS.

6/#10 cans per case

PSC: 8945

56.000000 CS $___________ $_________ $___________

0027 Firm Fixed Price

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

Package size: 50 pound bag

PSC: 8945

32.000000 BG $___________ $_________ $___________

0028 Firm Fixed Price

Corn Starch, Unmodified, regular, native or common, fine or coarse powder.

Package size: 50 pound bag

PSC: 8945

4.000000 BG $___________ $_________ $___________

0029 Firm Fixed Price

Dressing, Salad, Italian, Low Cal, 1 Gallon Plastic Containers, 4-1 Gal per case CID A-A-20030A, Type IV.

NAME BRAND (WISHBONE, KRAFT, LUCKY, WINSTON,

ELWOOD)

NO IPS. NO RELABELED, OR HOUSE BRANDS.

PSC: 8945

50.000000 CS $___________ $_________ $___________

0030 Firm Fixed Price

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. 25 lb - 50 lb sealed plastic containers, or boxes.

Note package size on bid.

PSC: 8920

200.000000 LB $___________ $_________ $___________

0031 Firm Fixed Price

Gravy Mix, Dry, Beef-Pounds.

PSC: 8945

400.000000 LB $___________ $_________ $___________

0032 Firm Fixed Price

Peppers & Onions Sliced, Frozen, Packed to standard US Grade A. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

PSC: 8915

800.000000 LB $___________ $_________ $___________

0033 Firm Fixed Price

Beans, 3 Bean Medley, Canned, In Brine, US Grade A or B, CID A- A-20134B, Type 1, Class D, E, or I, Style 1.

NO IPS. NO RELABELED OR HOUSE BRANDS.

6/#10 Cans per case.

PSC: 8945

56.000000 CS $___________ $_________ $___________

0034 Firm Fixed Price

Beef Roast, Raw Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B. Frozen, weight range 12 to 28

lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

BY THE LB

7,500.000000 LB $___________ $_________ $___________

15B11820Q00000007 Page 9 of 41

PSC: 8905

0035 Firm Fixed Price

Meat, Chicken, Filet, Whole Muscle, No mechanically separated chicken (comminuted), previously cooked chicken meat or MSG may be used in product, 100% white meat, breaded, CID AA- 202761, Type VI, Style A, Meat Type (b), Form 1, Shape (b).

IQF. Vegetable oil shall be used as the frying medium. Combined batter and breading will not exceed 30% by weight and will be evenly coated.

Finished meat product will not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients will be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA FSIS Food Standards and Labeling Policy. Manufacturer's letters will NOT be accepted in lieu of labeling.

Size of patty will be determined locally. NOTE SIZE OF PATTY ON

BID.

PSC: 8905

10,000.000000 LB $___________ $_________ $___________

0036 Firm Fixed Price

Fish, 4 oz., Alaska Pollock, 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 I, 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 letters will NOT be accepted in lieu of labeling.

BY THE LB. (4 OZ. PATTIES)

PSC: 8905

10,000.000000 LB $___________ $_________ $___________

0037 Firm Fixed Price

Frankfurters (Hot Dogs), Fully Cooked, Frozen, Beef, 6 inch, 10:1 Ratio, Skinless, Without non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, wheat, rice, soy flour, or soy protein concentrate.

(IMPS 800, Major Ingredient D or D1 OR CID A-A-20341, Meat Species II, Size A, Ratio 1, Non-meat binders and extenders (a) or (b). 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 or isolated soy protein may be used up to 2 percent in the frankfurters per 9 CFR Section 167;

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 letters will NOT be accepted in lieu of labeling.

BID BY THE LB.

PSC: 8905

2,000.000000 LB $___________ $_________ $___________

0038 Firm Fixed Price

Italian Sausage, Pork, Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant). Sweet, Links.

Italian Sausage is a fresh, uncooked, linked product. The meat components shall be chopped or ground to a moderately course texture.

The sausage itself (or interior cut surface of links) is moderately coarse in texture with a uniform color ranging from medium to dark reddish-brown with evenly distributed fat particles. The links shall be in a natural hog or collagen casing 5 to 6 inches in length.

Links shall be moderately uniform in length and diameter. IMPS 818, Italian Sausage, Formula D. P2 or P3, Flavoring B, Type E.

Product will be delivered frozen. Product will NOT contain SOY.

PSC: 8905

1,000.000000 LB $___________ $_________ $___________

15B11820Q00000007 Page 10 of 41

0039 Firm Fixed Price

Pork Roast, Pork Shoulder, Boston Butt, Boneless, raw, IMPS 406A, Frozen, No Paper Wrapping, Weight Range A or B, 4 to 8 lbs., Quote MUST indicate average roast weight of quoted item.

No picnics allowed.

PSC: 8905

2,000.000000 LB $___________ $_________ $___________

0040 Firm Fixed Price

Turkey, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, netted or in roasting pack. Breast meat or breast/thigh meat (8-12 lb. each) or whole muscle thigh meat (4-5 lb. each). Skin (Maximum) 12.5%.

Products produced or labeled with any phrase related to "under religious exemption" will be refused.

BID BY THE LB.

PSC: 8905

3,000.000000 LB $___________ $_________ $___________

0041 Firm Fixed Price

Cheese, Shredded, Cheddar, Pounds.

PSC: 8945

5,000.000000 LB $___________ $_________ $___________

0042 Firm Fixed Price

Margarine, Bulk, All Vegetable. 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.

30 LB CASE

PSC: 8945

20.000000 CS $___________ $_________ $___________

0043 Firm Fixed Price

Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella, and Lite Mozzarella. As specified in the USDA Quality Specifications for Mozzarella Cheeses. The Cheeses must be

Shredded, Milk fat ranging from not less than 45% on dry basis to 10.8% depending on type. Moisture content ranging from more than 45% to not more than 60% depending on type. Each of the ingredients used in the food shall be declared on the label. Manufacturer letters will NOT be accepted in lieu of labeling

(Shredded Coarse).

Packaging: 30 lb or 40 lb. sealed Bags or containers.

PSC: 8945

3,000.000000 LB $___________ $_________ $___________

0044 Firm Fixed Price

Beans, Pintos, Canned, In Brine, Meatless. (CID A-A-20134C, Type I or IV, Class B, Style 1)

(6) 10LB CANS PER CASE

PSC: 8915

56.000000 CS $___________ $_________ $___________

0045 Firm Fixed Price

Vegetable, Beets, Canned, Whole, Slices, Quarters, 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 per case.

PSC: 8915

56.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 11 of 41

0046 Firm Fixed Price

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

Package size: 50 pound bag

PSC: 8920

150.000000 BG $___________ $_________ $___________

0047 Firm Fixed Price

Powdered Cornbread Mix, CID A-A-20181B, Type 5, Class 3

Package size: 50 pound bag

PSC: 8920

20.000000 BG $___________ $_________ $___________

0048 Firm Fixed Price

Dressing, Salad, Pourable, Regular, Lite, 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: 8945

200.000000 CS $___________ $_________ $___________

0049 Firm Fixed Price

Cheese, Parmesan or Parmesan and Romano Mixed, Grated, Italian Style, 12-1 lb. Containers per case.

PSC: 8945

2.000000 CS $___________ $_________ $___________

0050 Firm Fixed Price

Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, Whole Wheat, or Regular, (CID A-A-20062E, Type VIII, Class 1 or 2, Style A, B, or C), Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21

CFR 139.135.

20 lb. Case.

PSC: 8945

50.000000 CS $___________ $_________ $___________

0051 Firm Fixed Price

Salsa, Prepared, 9 gm Ind Pack.

200 Count per Case.

PSC: 8945

300.000000 CS $___________ $_________ $___________

0052 Firm Fixed Price

Salt, Food Grade or Table, Iodized. Packaging must indicate actual delivered weight of product. Pure-no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent.

Bulk.

Specify Package size on bid.

PSC: 8945

500.000000 LB $___________ $_________ $___________

0053 Firm Fixed Price

Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium (CID A-A-20087D, Type I or IV), 4/1 Gallon Plastic Containers per case.

PSC: 8945

50.000000 CS $___________ $_________ $___________

0054 Firm Fixed Price

Tartar Sauce, Individual Packet, Each, Regular, Reduced Fat, Fat Free, or Light (CID A-A-20140D, Type II, Style A, B, C, or D)

200 CT PER CASE

PSC: 8945

200.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 12 of 41

0055 Firm Fixed Price

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.

State case size in bid.

PSC: 8945

1,500.000000 LB $___________ $_________ $___________

0056 Firm Fixed Price

Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon Containers per case

PSC: 8945

10.000000 CS $___________ $_________ $___________

0057 Firm Fixed Price

Sauce, Worcestershire (CID A-A-20099C), 4/1 Gallon Plastic Containers per case.

PSC: 8945

50.000000 CS $___________ $_________ $___________

0058 Firm Fixed Price

Biscuits, Flour, 2 oz., Fully Cooked, Frozen

State case size in bid.

PSC: 8920

21,600.000000 EA $___________ $_________ $___________

0059 Firm Fixed Price

French Toast, Frozen, Regular or Low Fat, Any Flavor, Any Shape.

(CID A-A-20234B, Type II, Style A or B, Class 3, Flavor A, B, C, or D, Shape 1 - 8). Full Slice Only

Case Size: 144 Count Case

PSC: 8945

200.000000 CS $___________ $_________ $___________

0060 Firm Fixed Price

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.

Case Size: 144 Count Case

PSC: 8945

275.000000 CS $___________ $_________ $___________

0061 Firm Fixed Price

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-A-20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a or b, 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 will 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

6,250.000000 EA $___________ $_________ $___________

0062 Firm Fixed Price

Kosher Farina, Instant, Plain, Individual 1 Ounce Pk., Each individual pk. must be marked with the kosher certification hechsher.

Specify Case size on bid.

PSC: 8920

1,000.000000 EA $___________ $_________ $___________

15B11820Q00000007 Page 13 of 41

0063 Firm Fixed Price

Kosher Oatmeal, Instant, Plain, Individual 1 Ounce Pk., Each individual pk. must be marked with the kosher certification hechsher.

PSC: 8920

200.000000 EA $___________ $_________ $___________

0064 Firm Fixed Price

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

50 lbs. Bags

PSC: 8920

50.000000 BG $___________ $_________ $___________

0065 Firm Fixed Price

Flour, General, All Purpose, Unbleached.

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

50 lbs. Bags

PSC: 8920

50.000000 BG $___________ $_________ $___________

0066 Firm Fixed Price

Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001B, Type I, Class Z, Form 1 or 3). 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

100.000000 LB $___________ $_________ $___________

0067 Firm Fixed Price

Spices, Cumin, 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

100.000000 LB $___________ $_________ $___________

0068 Firm Fixed Price

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: 8920

25.000000 CS $___________ $_________ $___________

0069 Firm Fixed Price

Cheese, Pasteurized Process Cheese American, Sliced, Individually Wrapped

Case Size: 30 Pound Case - 707 ct

PSC: 8945

50.000000 CS $___________ $_________ $___________

0070 Firm Fixed Price

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.

Ind. 4oz. Each-1

PSC: 8945

2,500.000000 EA $___________ $_________ $___________

0071 Firm Fixed Price

Beans, Garbanzo (Chick Peas), Canned, In Brine, Meatless. (CID AA-20134C, Type I or IV, Class E or J, Style 1).

56.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 14 of 41

6/#10 cans per case

PSC: 8945

0072 Firm Fixed Price

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

50 lbs. Bags

PSC: 8945

10.000000 BG $___________ $_________ $___________

0073 Firm Fixed Price

Lime Juice, Quarts

PSC: 8945

36.000000 QT $___________ $_________ $___________

0074 Firm Fixed Price

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.

PSC: 8945

1,000.000000 LB $___________ $_________ $___________

0075 Firm Fixed Price

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

Ind. Jelly, Sugar Free, Asst.-Each-200 Ct Case

PSC: 8945

1,000.000000 CS $___________ $_________ $___________

0076 Firm Fixed Price

Vegetables, Potatoes, French Fries, Frozen, CRINKLE CUT ONLY.

OVENABLE. U.S. Grade A, U.S. Fancy. 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

OVENABLE MUST BE STATED ON THE BOX AS PART OF

COOKING INSTRUCTIONS.

30 LB CASE

PSC: 8915

300.000000 CS $___________ $_________ $___________

0077 Firm Fixed Price

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

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

PSC: 8945

36,000.000000 EA $___________ $_________ $___________

0078 Firm Fixed Price

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.

PSC: 8925

300,000.000000 EA $___________ $_________ $___________

0079 Firm Fixed Price

Dressing, Salad, Italian, 9 Gram Packs, CID A-A-20030A, Type IV.

200 PER CASE.

PSC: 8945

150.000000 CS $___________ $_________ $___________

15B11820Q00000007 Page 15 of 41

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;

15B11820Q00000007 Page 16 of 41

(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.

15B11820Q00000007 Page 17 of 41

(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.

15B11820Q00000007 Page 18 of 41

(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.

15B11820Q00000007 Page 19 of 41

(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 Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by…