About this file

This is a solicitation for an Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide meals for disaster survivors, including reduced sodium meals, survivor daily rations, short shelf-life meals, and commercial meals. The Federal Emergency Management Agency requires vendors to supply these meal types on both a steady state and emergency response basis for delivery domestically and internationally. The base period of performance is one year with four one-year option periods. Pricing shall be fixed rates by meal type and location. The minimum guarantee is $2,000 per contract and the maximum total value is $228 million across all contracts awarded. The solicitation includes detailed product and service requirements, delivery locations, and terms for task orders, modifications, and invoicing that will be further specified in individual task orders under the IDIQ contracts.

View the file

Other files

File Type Posted
Attachment 3 Meals IDIQ Past Performance Questionnaire 12.02.21.pdf PDF
Attachment 2 IDIQ MEALS RS-SSL-SDR SOW Amd 03 12121.pdf PDF
Vendor Questions Meals IDIQ Recompete 12.02.21 Amd #3.pdf PDF
Attachment 2 IDIQ MEALS RS-SSL-SDR SOW Amd 02 11.16.21.pdf PDF
Attachment 3 Meals IDIQ Past Performance Questionnaire.pdf PDF
Attachment 1 Pricing Attachment Updated 110121 v3.xlsx XLSX spreadsheet
VENDOR QUESTIONS MEAL RECOMPETE 093021.pdf PDF
Attachment 2 MEALS RS-SSL-SDR SOW Amd 01 093021.pdf PDF
Attachment 1 Pricing Attachment Updated 093021.xlsx XLSX spreadsheet
70FB7021R00000027 Revised 093021.pdf PDF
70FB7021R00000027 Rev 09232021.pdf PDF
Attachment 4 SAMPLE SOW - MEALS_ Replenishment _TOPR 092321.pdf PDF
Attachment 3 Meals IDIQ Past Performance Questionnaire.pdf PDF
Attachment 5 Sample Meals TOPRv1 09232021.pdf PDF
70FB7021R00000027 Rev 09232021.pdf PDF
Attachment 1 Pricing Attachment Updated.xlsx XLSX spreadsheet
Attachment 2 Meals IDIQ SOW 092321.pdf PDF
Attachment 1 Pricing Attachment Updated.xlsx XLSX spreadsheet
Attachment 5 Sample Meals TOPRv1 09072021.pdf PDF
Attachment 3 3.3.1 Meals Past Performance Questionnaire.pdf PDF
Attachment 2 1.1.3 MEALS SOW 091021.pdf PDF
70FB7021R00000027 Meals IDIQ Solicitation.pdf PDF
Attachment 4 SAMPLE SOW - MEALS_ Replenishment _TOPR 09072021.pdf PDF
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Text version

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

70FB70

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA-INCIDENT SUPPORT SECTION

CODE 16. ADMINISTERED BYCODE

X

X

311991

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70FB70

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/10/2021 1300 ES

09/23/2021

Ian Lipscomb (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB7021R00000027

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 93 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20472

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA-INCIDENT SUPPORT SECTION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 01/03/2022 to 01/02/2027

0001 Base Year: Reduced Sodium Meals EA Product/Service Code: 8970 Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0002 Base Year: Survivor Daily Rations EA Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Isaac Chapple

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0003 Base Year: Commercial Meals (OPTIONAL) EA

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0004 Base Year: Steady State Delivery cost per meal to EA any location within the US (CONUS)

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0005 Base Year: Emergency Response Delivery cost per EA meal to any location within the US (CONUS)

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

93 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

0006 Base Year: Steady State Delivery cost per meal to EA any location outside the US (OCONUS)

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0007 Base Year: Emergency Response Delivery cost per EA meal to any location outside the US (OCONUS)

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

0008 Base Year: Drop Trailer Rate (per day) NTE $150.00 DA

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2022 to 01/02/2023

0009 Base Year: Diversion Rate (per mile) NTE $3.00 DH

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2022 to 01/02/2023

0010 Base Year: Labor (Driver) Rate (per hour) NTE HR

$45.00

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2022 to 01/02/2023

0011 Base Year: Relocated Trailer Rate (per mile) NTE DH

$3.00

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2022 to 01/02/2023

0012 Base Year: Storage Cost Per Meal (OPTIONAL) EA

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Period of Performance: 01/03/2022 to 01/02/2023

0013 Base Year: Restocking Fee EA

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2022 to 01/02/2023

1001 Option Year 1: Reduced Sodium Meals EA

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1002 Option Year 1: Packaged Survivor Daily Rations EA

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1003 Option Year 1: Commercial Meals (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1004 Option Year 1: Steady State Delivery cost per EA meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1005 Option Year 1: Emergency Response Delivery cost EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

per meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1006 Option Year 1: Steady State Delivery cost per EA meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1007 Option Year 1: Emergency Response Delivery cost EA per meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1008 Option Year 1: Drop Trailer Rate (per day) NTE DA

$150.00

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2023 to 01/02/2024

1009 Option Year 1: Diversion Rate (per mile) NTE $3.00 DH

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2023 to 01/02/2024

1010 Option Year 1: Labor (Driver) Rate (per hour) NTE HR

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

$45.00

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2023 to 01/02/2024

1011 Option Year 1: Relocated Trailer Rate (per mile) DH

NTE $3.00

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2023 to 01/02/2024

1012 Option Year 1: Storage Cost Per Meal (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

1013 Option Year 1: Restocking Fee EA

(Option Line Item)

Date Option to be Exercised01/03/2023

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2023 to 01/02/2024

2001 Option Year 2: Reduced Sodium Meals EA

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2002 Option Year 2: Survivor Daily Rations EA

(Option Line Item)

Date Option to be Exercised01/03/2024

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2003 Option Year 2: Commercial Meals (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2004 Option Year 2: Steady State Delivery cost per EA meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2005 Option Year 2: Emergency Response Delivery cost EA per meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2006 Option Year 2: Steady State Delivery cost per EA meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2007 Option Year 2: Emergency Response Delivery cost EA per meal to any location outside the US (OCONUS)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2008 Option Year 2: Drop Trailer Rate (per day) NTE DA

$150.00

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2024 to 01/02/2025

2009 Option Year 2: Diversion Rate (per mile) NTE $3.00 DH

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2024 to 01/02/2025

2010 Option Year 2: Labor (Driver) Rate (per hour) NTE HR

$45.00

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2024 to 01/02/2025

2011 Option Year 2: Relocated Trailer Rate (per mile) DH

NTE $3.00

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2024 to 01/02/2025

2012 Option Year 2: Storage Cost Per Meal (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

9 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

2013 Option Year 2: Restocking Fee EA

(Option Line Item)

Date Option to be Exercised01/03/2024

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2024 to 01/02/2025

3001 Option Year 3: Reduced Sodium Meals EA

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3002 Option Year 3: Survivor Daily Rations EA

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3003 Option Year 3: Commercial Meals (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3004 Option Year 3: Steady State Delivery cost per EA meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

10 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3005 Option Year 3: Emergency Response Delivery cost EA per meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3006 Option Year 3: Steady State Delivery cost per EA meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3007 Option Year 3: Emergency Response Delivery cost EA per meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3008 Option Year 3: Drop Trailer Rate (per day) NTE DA

$150.00

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2025 to 01/02/2026

3009 Option Year 3: Diversion Rate (per mile) NTE $3.00 DH

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 2330

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

11 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Product/Service Description: TRAILERS

Period of Performance: 01/03/2025 to 01/02/2026

3010 Option Year 3: Labor (Driver) Rate (per hour) NTE HR

$45.00

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2025 to 01/02/2026

3011 Option Year 3: Relocated Trailer Rate (per mile) DH

NTE $3.00

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2025 to 01/02/2026

3012 Option Year 3: Storage Cost Per Meal (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

3013 Option Year 3: Restocking Fee EA

(Option Line Item)

Date Option to be Exercised01/03/2025

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2025 to 01/02/2026

4001 Option Year 4: Reduced Sodium Meals EA

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

12 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Period of Performance: 01/03/2026 to 01/02/2027

4002 Option Year 4: Survivor Daily Rations EA

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4003 Option Year 4: Commercial Meals (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4004 Option Year 4: Steady State Delivery cost per EA meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4005 Option Year 4: Emergency Response Delivery cost EA per meal to any location within the US (CONUS)

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4006 Option Year 4: Steady State Delivery cost per EA meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

13 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

Period of Performance: 01/03/2026 to 01/02/2027

4007 Option Year 4: Emergency Response Delivery cost EA per meal to any location outside the US (OCONUS)

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4008 Option Year 4: Drop Trailer Rate (per day) NTE DA

$150.00

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2026 to 01/02/2027

4009 Option Year 4: Diversion Rate (per mile) NTE $3.00 DH

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2026 to 01/02/2027

4010 Option Year 4: Labor (Driver) Rate (per hour) NTE HR

$45.00

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2026 to 01/02/2027

4011 Option Year 4: Relocated Trailer Rate (per mile) DH

NTE $3.00

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 2330

Product/Service Description: TRAILERS

Period of Performance: 01/03/2026 to 01/02/2027

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

14 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7021R00000027

4012 Option Year 4: Storage Cost Per Meal (OPTIONAL) EA

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

4013 Option Year 4: Restocking Fee EA

(Option Line Item)

Date Option to be Exercised01/03/2026

Product/Service Code: 8970

Product/Service Description: COMPOSITE FOOD

PACKAGES

Period of Performance: 01/03/2026 to 01/02/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION B – SUPPLIES, SERVICES, AND PRICES

B.1 ITEMS TO BE ACQUIRED

Meals for Disaster Survivors (Reduced Sodium, Survivor Daily Rations, Short Shelf-Life and Commercial Meals).

FEMA requires two different types of meals to be available under this IDIQ and two type to be available as an option based on contractor’s capability.

1. Mandatory Meal Types: Reduced Sodium (RS) and Survivor Daily Rations (SDR) ranging from 30-36 months from the date of manufacturing

a. Steady State Reduced Sodium Meals

b. Steady State Survivor Daily Rations

c. Emergency Response/Surge Operation Reduced Sodium Meals

d. Emergency Response/Surge Operations Survivor Daily Rations

Optional Meal Types: During Emergency Response/Surge Operations (Will be optional CLINs in the solicitation for vendors that have the capability to produce this type of meal.)

a. Commercial Meals with a Shelf life: 30-36 months remaining upon delivery from the date of manufacturing

b. Reduced Sodium with a shortened shelf life ranging from 9-29 months remaining upon delivery

c. Survivor Daily Rations with a shortened shelf life ranging from 9-29 months remaining upon delivery

d. Commercial Meals with a shortened shelf life ranging from 9-29 months remaining upon delivery

Note: Short Shelf-Life Meals may be either of the three meal types (Reduced Sodium, Survivor Daily Rations, or Commercial Meals) with a shortened shelf life ranging from 9-29 months remaining upon delivery.

2. Optional Meal Types: Short Shelf-Life (SSL) and Commercial Meals. (SSL and Commercial Meals will be optional CLINs in the solicitation for vendors that have the capability to produce this type of meals but will not be mandatory to provide a quote).

a. Shelf life: 9-12 months from the date of manufacturing

B.2 PRICE SCHEDULE

Offerors shall provide a detail breakdown for each contract line item numbers (CLINs) listed above. Contractor must use format in Attachment #1 CLIN Price Structure. If Attachment 1 format is not utilized, the proposal is deemed UNACCEPTABLE.

B.3 MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS

As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum is the amount to be purchase under this IDIQ per contract to include the base and option periods. The contract ceiling amount shall not exceed the maximum quantity of supplies, the total amount of supplies ordered under this shall not exceed the total productive capacity of all vendors under this contract. The guaranteed contract minimum is $2,000.00 per contract. The contract ceiling amount is $228,000,000.

With respect to the maximum quantity of services, the total amount of supplies and services ordered under this shall not exceed the total productive capacity of all vendors under this contract.

B.4 CONTRACT TYPE

The Department Homeland Security (DHS) - Federal Emergency Management Agency (FEMA) intends to award multiple Indefinite Delivery-Indefinite Quantity (IDIQ) contracts for Meals for Disaster Survivors (Reduced Sodium, Survivor Daily Rations, Short Shelf-Life and Commercial Meals). support CONUS and OCONUS disaster response locations with Best Value Tradeoff Firm-Fixed-Price (FFP) CLINs.

B.5 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer:

Name: Rashurn Harrison, Contracting Officer Phone: 202- 704-7819 Email: Rashurn.Harrison@fema.dhs.gov

Contracting Specialist:

Name: Ian Lipscomb, Contracting Specialist Phone: 202-445-7518 Email: Ian.lipscomb@fema.dhs.gov

Contracting Officer Representative:

Name: To Be Determined at time of Award Phone:

Email:

B.6 PERIOD OF PERFORMANCE

The period of performance shall be a base period of performance of (126) months with four (4) twelve-month options and one (1) six-month option, all together totaling sixty (60) months.

B.7 PLACE OF PERFORMANCE

1. Contractor shall be able to support the following geographical areas:

2. Delivery Locations – Distribution Centers & Receiving Hours

For Steady State, the Government will require delivery to the following Distribution Centers (DCs) and/or warehouses:

Distribution Centers / Warehouses

Address line 1 Address line 2 Operating Hours (Local Time)

Frederick (closing

FY23)

4420 Buckeystown Pike Frederick, MD21704 08:00 – 14:00 Mon- Fri

Greencastle (opening

FY23)

12879 Molly Pitcher Hwy Greencastle, PA127225 08:00 – 14:00 Mon- Fri

Cumberland 11601 PPG Road Cumberland, MD 21502 08:00 – 14:00 Mon- Fri

Fort Worth 501 W Felix StreetBldg 12

Fort Worth, TX76115 08:00 – 14:00 Mon- Fri

Atlanta 3780 South SideIndustrial Court

Atlanta, GA 30354 08:00 – 14:00 Mon- Fri

Tracy 1547 East Grant Line Road Tracy, CA 95304 08:00 – 14:00 Mon- Fri

Guam Bldg 100

FEDAAC

70X454

Barrigada, GU 96913 08:00 – 14:00 Mon- Fri

Hawaii 99-1269 Iweana Street

FEDAAC 709242

Aiea, HI 96701 08:00 – 14:00 Mon- Fri

Caribbean Industrial Park

PR-1, KM 25.1

FEDAAC

70F337

Caguas, PR 00725 08:00 – 14:00 Mon- Fri

Ponce 1000 Carr 505 Building A,Cotto Laurel

Ponce, PR 00780 08:00 – 14:00 Mon- Fri

FEMA

Regions States and Territories

1 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont 2 New Jersey, New York, the Commonwealth of Puerto Rico, the U.S. Virgin Islands 3 District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, West Virginia

4 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee

5 Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin 6 Arkansas, Louisiana, New Mexico, Oklahoma and Texas 7 Iowa, Kansas, Missouri and Nebraska 8 Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming

9 Arizona, California, Hawaii, Nevada, the territories of Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa

10 Alaska, Idaho, Oregon, Washington

Bayamon Hato Tejas Industrial Park Lot2 – Barrio Hato Tejas, Calle A

Bayamon, PR 00959 08:00 – 14:00 Mon- Fri

Cayey Eleora, LLC (Forma Amcor)Carr #1 KM 56.3 Bo.

Montellano

Cayey, PR 00736 08:00 – 14:00 Mon- Fri

Alaska - TBD TBD TBD TBD

B.8 BILLING INSTRUCTIONS

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA- Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor.

Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

B.9 INVOICE INSTRUCTIONS

The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract.

Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions: SF 1034 – Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035.”

B.10 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Offeror to provide point of contact information

B.11 TASK ORDER

All task orders will be initiated by the Contracting Officer via a request for proposal to all contract holders with specific information and instructions for the requirement. The Contractor will be required to perform the services per the written task order. The delivery order proposal request is not a commitment that the FEMA will issue a task order, nor will any Contractor incurred proposal cost become reimbursable. In addition, the Contractor shall not initiate any performance efforts until a written task order has been signed and issued by the Contracting Officer.

B.12 TASK ORDER PROCEDURES

This requirement will be in accordance with FAR 16.505, fair opportunity ordering procedures. Each task order requested under this IDIQ will follow the steps below:

Step 1: The Program office will submit the following documents to the Contracting Officer to include but not limited to the statement of work, pricing schedule, period of performance, and place of performance.

Step 2: The Contracting Officer/Contract Specialist (CO/CS) will issue Task Order Proposal Requests (TOPR) with the statement of work and pricing schedule to all IDIQ holders.

Step 3: Proposal Evaluation - The contractor must submit its technical and price proposals to CO and CS only.

The Task Order CO/CS receives and evaluates the proposal for conformity to the TOPR. Technical evaluations are conducted by technical evaluation teams. Cost/price evaluations will be conducted by the price analysis team. Negotiations may take place, if needed.

Step 4: Contracting Officer/Contract Specialist issues task order to most highly qualified offeror with which a fair and reasonable price agreement is reached. Proper approvals including legal and congressional approval should be made prior to task order award when appropriate for the dollar value of the task order.

NOTE: If additional task orders are needed after the original task order for a disaster/emergency the Government may utilize the logical follow-on for fair opportunity.

B.13 TASK ORDER ISSUANCE

FEMA reserves the right to identify deliverables in individual Task Orders. As such is the case, the COR will review, for completeness, preliminary, draft and final documentation that the Contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this Statement of Work. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR.

The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this statement of work. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

B.14 MODIFICATIONS

Under this contract, and subsequent Task Orders, the Contracting Officer is the only Government official authorized to make changes via a Standard Form 30. Only a duly appointed FEMA Contracting Officer is authorized to change the specifications, terms, and conditions of this contract and subsequent task order(s).

B.15 TASK ORDER DELIVERABLES

FEMA reserves the right to identify deliverables in individual Task Orders. As such is the case, the COR will review, for completeness, preliminary, draft and final documentation that the Contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this Performance Work Statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR.

The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this statement of work. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

In general, all contract deliverables shall meet the following quality standards:

Accuracy - Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Consistency to Requirements - All work products must satisfy the requirements of this statement of work.

Timeliness - Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the COR.

B.16 SUBCONTRACTING PLAN (LARGE BUSINESS ONLY)

Offeror(s) must submit a Subcontracting Plan with their proposal. The subcontracting plan must include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of the contract. Each subcontracting plan submitted will be reviewed to determine whether the offeror(s) has submitted an acceptable subcontracting plan. The plan must also identify the total anticipated contract award, total dollars and or percentage of the acquisition to be subcontracted to small business concerns and establish procedures to ensure timely payment of amounts due to small businesses.

SB Category FY 2021Goal Overall Small Business Sub

42%

SDB Prime Sub 5% HUBZone Sub 3% SDVOSB Sub 3% WOSB Sub 5%

B.17 KICK-OFF/POST AWARD CONFERENCE/PERIODIC PARTNERING MEETINGS

The Contractor must be required to participate in a Post Award Conference with the Contracting Officer and the COR no later than 2 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract. The Post Award Conference will be held via teleconference. The Contractor agrees to attend any post award meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

B.18 NOTIFICATION OF DEBARMENT AND SUSPENSION

The Contractor must provide immediate notice to the Contracting Officer in the event that the Contractor or a subcontractor is suspended, debarred or declared ineligible by any Federal government Agency or Department, or upon receipt of a notice of proposed debarment from any Federal Agency or Department.

B.19 DEFENSE PRODUCTION ACT (DPA)

Task orders under this contract may include a priority rating under the Defense Priorities and Allocations System (DPAS) regulation (15 CFR, part 700). Contractors receiving a DPAS rated order are required to follow all provisions of the DPAS regulation. The priority rating will be identified in the task order proposal request and subsequent task order standard form issued.

The DPAS provides that DHS/FEMA contracts are assigned priority ratings to assure that these contracts are afforded service priorities ahead of unrated orders. Ratings will be assigned per individual task order. The Contractor is obligated to accept the rated order, to schedule service operations to satisfy requirements of each rated order, and to extend the priority rating to subcontractors to assure that the required services are performed in the timeframe requested.

The DPAS provides for two levels of rated order priority: “DX” and “DO”. The symbols “DX” and “DO” are not acronyms for any terms. They simply indicate the level of priority. DX rated orders take precedence over DO rated orders and unrated orders (commercial orders without a DPAS priority rating). DO rated orders only take precedence as necessary over unrated (commercial) orders as necessary to meet delivery or performance requirements of the DO rated orders. All DX rated orders have equal priority with each other and all DO rated orders have equal priority with each other. DHS has eight DPA programs eligible for the Priorities and Allocations Authority (N-1 through N-8).

B.20 DISASTER ASSISTANCE ACTIVITIES

In accordance with FAR 26.2, Contractors shall give preference to the maximum extent feasible and practicable to local firms. Preference may be given through a local area set-aside or an evaluation preference.

B.21 FAR 52.216-18 ORDERING (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

B.22 FAR 52.232-18 AVAILABILITY OF FUNDS (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

SECTION C – CONTRACT CLAUSES

C.1 52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

C.2 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;

(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.

(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…

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