AG-024B-S-15-0028_Final_Posted_Solicitation_8-12-15.pdf

OFFEROR’S COPY

(Ref. 48 CFR 1)

Issuing Office:

NATIONAL INTERAGENCY FIRE CENTER

U.S. FOREST SERVICE, CONTRACTING

OWYHEE BUILDING - MS 1100

3833 S. DEVELOPMENT AVE

BOISE, ID 83705

This solicitation can be downloaded from the following Internet site: https://www.fbo.gov/

Offers Are Solicited For:

Food Catering Services Wildland Fire Training and Conference Center (WFTC)

Solicitation No:

AG-024B-S-15-0028

Issued Date:

08/12/2015

IMPORTANT – NOTICE TO OFFEROR

- Offers will be due on September 9, 2015 @ 1400 Mountain Time.

- The offeror shall submit the following items in response to this solicitation:

1. SF-1449, blocks 17a, 30a-30c: Complete, date, and sign.

2. Complete the Contract Administration Data in Section B, page 1.

3. Fill in the appropriate information and pricing requested in Section B, page 2.

4. Provide your responses to Sections E.11, E.13, E.14 and E.15 of the solicitation.

5. All offerors shall be registered with the System for Award Management at https://www.sam.gov.

THE SOLICITATION PACKAGE SHALL BE RETURNED TO THE FOLLOWING ADDRESS:

National Interagency Fire Center U.S. Forest Service, Contracting Attn: Solicitation No. AG-024B-S-15-0028 Owyhee Building - MS 1100 3833 S. Development Ave Boise, ID 83705-5354

No facsimile (FAX) or e-mail offers will be accepted.

Offerors may contact Shannon Spies for information about this solicitation at 208-387-5631 or 208-488-0524.

A pre-proposal conference will be held at:

Date: August 26, 2015

Time: 10:00 am

Location: Forest Service Wildland Fire Training Center (WFTC) at McClellan, California (Formerly McClellan Air Force Base) address of 3237 Peacekeeper Way, McClellan, CA 95652..

RSVP by August 24, 2015 via email at sspies@fs.fed.us

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing they have been discriminated against in any Forest Service related activity should write to: Chief, Forest Service, USDA, P. O. Box 96090, Washington, DC 20090-6090.

Previous editions of this form are obsolete. FS-6300-44 (11/79)

Solicitation AG-024B-S-15-0028 U.S. Forest Service Wildland Fire Training & Conference Center Catering Services National Office

TABLE OF CONTENTS

i

SECTION A – SOLICITATION/CONTRACT/ ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B – SUPPLIES OR SERVICES AND PRICE

CONTRACT ADMINISTRATION DATA 1

SCHEDULE OF ITEMS 2

B.1 GENERAL

B.2 CONTRACTOR EMPLOYEES

B.3 SECURITY

B.4 GOVERNMENT FURNISHED FACILITIES FOR OFF-SITE PREPARATION

B.5 SERVING/DINING AREA SANITATION

B.6 FOOD SERVICE OPERATION

B.7 SERVING SCHEDULE FOR MEALS

B.8 MEAL COUNTS/ORDERING

B.9 FOOD SPECIFICATIONS AND INSPECTIONS

B.10 FOOD QUALITY STANDARDS

B.11 STANDARD MENU REQUIREMENTS

B.12 MENU VARIETY

B.13 COOKING REQUIREMENTS

B.14 FROZEN AND PACKAGE ITEMS

B.15 SERVING CONTAINER REQUIREMENTS

SECTION C - CONTRACT CLAUSES

C.1 CLAUSES INCORPORATED BY REFERENCE

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

C.3 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS

C.4 ADDENDUM TO FAR 52.212-4

C.5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS- COMMERCIAL ITEMS

C.6 ORDERING

C.7 PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST THIS CONTRACT

C.8 ORDER LIMITATIONS

C.9 INDEFINITE QUANTITY

C.10 OPTION TO EXTEND SERVICES

C.11 OPTION TO EXTEND THE TERM OF THE CONTRACT

C.12 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

C.13 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS

C.14 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

C.15 GOVERNMENT PROPERTY INSTALLATION OPERATIONAL SERVICES

C.16 COMPLIANCE WITH LOCAL REGULATIONS, INSTRUCTIONS, DIRECTIVES

C.17 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

C.18 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR EMPLOYEES

C.19 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

TABLE OF CONTENTS

ii

C.20 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

C.21 PERIOD OF PERFORMANCE

C.22 EFFECTIVE PERIOD OF THE CONTRACT

C.23 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

C.24 INSURANCE COVERAGE

C.25 INSPECTION AND ACCEPTANCE

C.26 INSPECTIONS DURING USE

C.27 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

D.1 LIST OF EXHIBITS

EXHIBIT 1 – FACILITIES LAYOUT

EXHIBIT 2 - SAMPLE TASK ORDER

EXHIBIT 3 - PACKAGING/MARKING INSTRUCTIONS FOR SACK LUNCHES

EXHIBIT 4 - SAMPLE CONTRACTOR MENUS

EXHIBIT 5 - SACK LUNCH OPTIONS

EXHIBIT 6 - CPARS

EXHIBIT 7 – DEPARTMENT OF LABOR WAGE DETERMINATION

EXHIBIT 8 – LIST OF GOVERNMENT PROVIDED PROPERTY

SECTION E - SOLICITATION PROVISIONS

E.1 GENERAL INFORMATION

E.2 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

E.3 SIZE STANDARD AND NAICS CODE INFORMATION

E.4 AMENDMENTS TO PROPOSALS

E.5 INQUIRIES

E.6 SINGLE OR MULTIPLE AWARDS

E.7 TYPE OF CONTRACT

E.8 EVALUATION QUANTITIES – INDEFINITE DELIVERY CONTRACT

E.9 SITE VISIT

E.10 PRE-BID/PRE-PROPOSAL CONFERENCE

E.11 INSTRUCTIONS TO OFFEROR COMMERCIAL ITEMS

E.12 EVALUATION- COMMERCIAL ITEMS

E.13 INFORMATION REGARDING RESPONSIBILITY MATTERS

E.14 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS

E.15 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION 87

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 0 OF 89

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

AG-024B-S-15-0028

6. SOLICITATION ISSUE

DATE

Aug. 12, 2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TONYA RYMER

b. TELEPHONE NUMBER (No collect calls)

208-387-5669

8. OFFER DUE DATE/

LOCAL TIME

Sept. 9, 2015

@1400 MST

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

NATIONAL INTERAGENCY FIRE CENTER

U.S. FOREST SERVICE – CONTRACTING

OWYHEE BUILDING - MS 1100

3833 S. DEVELOPMENT AVE

BOISE, ID 83705-5354

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL

BUSINESS (EDWOSB) NAICS: 722310

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8 (A)

SIZE STANDARD:

$35.5

11. DELIVERY FOR FOB DESTINA-

TON UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Forest Service Wildland Fire Training Center (WFTC) 3237 Peacekeeper Way McClellan, CA 95652

Same As Item 9

17a. CONTRACTOR/

CODE FACILITY

18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO. __________________________ .

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

OFFER

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

IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Food Catering Services Wildland Fire Training and Conference Center (WFTC)

See attached Schedule of Items, Section B.

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

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

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

HEREIN.

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SECTION B

DESCRIPTION OF SERVICES

CONTRACT ADMINISTRATION DATA

(a) Contract administration matters will be handled by:

(1) CONTRACTOR:

DUNS Number: Tax Identification Number

Contract Number: (TBD)

Effective dates of Contract: (TBD)

Contractor Authorized Representative:

Point of Contact /Title

Telephone Number Fax Number

Email

(2) GOVERNMENT (Contract Administration Office):

United States Forest Service; Incident Support Branch 3833 S. Development Avenue Owyhee Building MS 1100 Boise, ID 83705-5354

Shannon Spies; Administration Contracting Officer

(208) 387-5631 Fax (208) 387-5384 sspies@fs.fed.us

(b) CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul 2013).

(c) INVOICES: Invoices shall be submitted to the following address:

Invoice Processing Platform https://www.ipp.gov/

SECTION B

DESCRIPTION OF SERVICES

*Based on an Estimate of 85 People per Academy, 20 Day Academies, 7 Academies (85 People x 20 days x 7 Academies = 11,900

ITEM

NO.

SUPPLIES/SERVICES

1. BASE YEAR

(date of award to Sept. 30, 2016)

QUANTITY

(ESTIMATED) UNIT UNIT PRICE

EXTENDED

AMOUNTS

a. Breakfast

b. Lunch

c. Dinner***

d. Sack Lunch in Lieu of Hot Lunch

11,900

11,900

11,305

1**

EA

EA

EA

EA

TOTAL FOR BASE YEAR $_____________________

2.

OPTION YEAR 1

(Oct. 1, 2016 to Sept. 30, 2017)

QUANTITY

(ESTIMATED) UNIT UNIT PRICE

EXTENDED

AMOUNTS

a. Breakfast

b. Lunch

c. Dinner***

d. Sack Lunch in Lieu of Hot Lunch

11,900

11,900

11,305

1**

EA

EA

EA

EA

TOTAL FOR OPTION YEAR ONE $_____________________

TOTAL FOR ALL YEARS COMBINED $_____________________

*Contractor will be paid for the number of meals ordered. The number of students/staff per academy may vary from 50 to 85 people. At no one time shall there be more than two (2) Academies running simultaneously for a maximum daily total of 170 people per day. Numbers may vary per meal period. Contractors shall provide an addition 10% of the meals ordered to cover for seconds.

**Sack lunch number is based on each sack lunch. The amount needed varies therefore we are only requesting the price per sack lunch.

***Dinner is not served on the last day (20th day) of the Academey as students travel back to their home unit.

(85 people x 19 days x 7 = 11,305)

SECTION B

DESCRIPTION OF SERVICES

B.1 GENERAL

(a) The contractor shall furnish meals in accordance with the following specifications and requirements. Food shall be furnished at the Forest Service Wildland Fire Training Center (WFTC) at McClellan, California (Formerly McClellan Air Force Base) address of 3237 Peacekeeper Way, McClellan, CA 95652. This contract only applies to meals furnished at the WFTC. Meals shall be prepared off-site and served cafeteria style in the Government provided facility. Meals shall be provided during academy sessions from approximately Fall Session (October), Winter Session (January-February) and Spring Session (March-May) of each contract period. Each academy runs on average four (4) weeks. Meals will be provided Monday through Friday exclusive of weekends (20 Days). Academies may overlap but there will never be more than two academies running at the same time. The number of students/staff per academy may vary from 50 to 85 people.

(b) The Government will make a single award as a result of this solicitation

B.2 CONTRACTOR EMPLOYEES

(a) Contractor employees shall meet, or exceed all Federal, State of California, and any other applicable regulatory agency’s health standards for food handlers.

(b) Contractor shall furnish sufficient personnel and supervision to ensure that meals are prepared and served according to schedule shown in this contract.

(c) The Contracting Officer may request, in writing, the Contractor to remove from the work area any employee that is incompetent, careless or otherwise objectionable.

(d) The Government has incorporated the e-verify clause 52.222-54 (AUG 2013) Employment Eligibility Verification.

B.3 SECURITY

All contractor personnel working at the Wildland Fire Training and Conference Center located on McClellan Business Park will be required to obtain a Government Common Access Card (CAC) for access to the facility. The contractor will be responsible for the management and return of all access cards following each academy semester. Access cards that are lost or damaged must be reported to the Facility Manager in a timely manner. A new card will be issued as needed.

B.4 GOVERNMENT FURNISHED FACILITIES FOR OFF-SITE PREPARATION

(a) The Forest Service will provide a facility for serving food and a dining area. The facility will be located at the WFTC in McClellan Park, McClellan California. The cafeteria/food handling area will be one room with approximately 5,700 square feet, which can accommodate the feeding of approximately 250 people at one time. The existing facility to be used for serving off-site prepared meals is described as follows: (see Sec. D, Exhibit 1)

(1) The facility has seating and tables.

(2) The facility has an area for handling and cleanup of off-site prepared meals.

SECTION B

DESCRIPTION OF SERVICES

(3) The area will be equipped with 220 Volt power, hot and cold running water, refrigeration, storage, sinks, and counters for serving and clean-up.

(4) The facility has an exhaust fan system capable of venting food odors from the room.

(5) The area has six 20-ampere circuits, each serving two 120V 15A duplex outlets.

(6) The area has four 20-ampere circuits above counter, each are serving two 120V 15A duplex outlets, GFCI type receptacles.

(7) The facility has a double door entrance.

(8) The Government shall allow the contractor to use refrigerator units in the kitchen area which include two (2) reach in freezer compartments for storing daily food as needed. These units are not to be utilized for long term storage. Contractor will be responsible for cleaning these units.

(b) The Government shall offer a minimal amount of storage for daily supplies and other needs.

(c) Utilities in the Government provided facility will be provided at no cost to the Contractor.

(d) The government will provide trash containers within the dining area. The Contractor shall be responsible for providing trashcan liners (bags) for these containers and emptying the cans in a timely manner after each meal. The Government shall also provide dumpsters for the Contractors use.

(e) The Government shall provide an ice/water dispenser and a coffee maker with a hot water dispenser.

(f) The contractor will be responsible for acquiring any additional beverage dispenser equipment if needed for the contract.

B.5 SERVING/DINING AREA SANITATION

(a) Cleaning and servicing in all serving and dining areas shall meet or exceed standard commercial requirements, including the following: Department of Labor, Environmental Health Standards for Food Service, California State Health Department standards, and U.S. Public Health Service code standards. All off-site food preparation facilities shall meet requirements of the local Health Department standards.

(b) The contractor shall maintain a current MSDS binder of all chemicals used throughout the duration of the contract.

(c) The contractor shall be responsible for the cleaning of both the serving and dining areas after each meal period. The cleaning shall include the tables and floors in the dining room and the food service area and the walls around trash collection areas.

(d) The contractor shall be responsible to complete a deep cleaning in the serving area following the last day of the academy’s season. The last invoice shall not be processed until all of the Forest Service kitchen equipment has been cleaned and inventoried. (See Exhibit 8)

B.6 FOOD SERVICE OPERATION

(a) Quantities, variety and quality standards for meals are specified. The intent is for the Contractor to provide high quality meals while providing for variety. Additionally, provisions must be made for special meals to accommodate personal needs which may vary from the standard menu (e.g. Vegetarian, allergies to gluten and dairy etc.) Special meals shall have the same quality and equivalent quantity as the standard menu meals. The COR is responsible for notifying the Contractor of the number of meals required. Definitive numbers of these meals will be provided to the Contractor no less frequently than per week.

(b) Bi-weekly (14 days) menus shall be submitted within 24 hours by the Contractor for approval by the COR. Subsequent menus shall be submitted 2 days prior to the current bi-weekly menu expiring. The menu forms in Section D, Exhibit 4 are examples of the format that may be used when submitting the menu. The COR shall ensure that the variety and content proposed is in accordance with the contract specifications. The daily menus with portion sizes shall be posted at the entrance of the dining area on a per meal basis. Menus shall be scheduled on a non-repetitive basis for a two week period for all three meals.

(c) Buffet line(s) serving shall be set up for breakfast, lunch and dinner, Monday through Friday.

(d) Alcohol beverages SHALL NOT be served with any meal or otherwise furnished to any student or staff.

(e) The Government shall require that no nuts, mixed nuts, peanuts, etc. or oils from nuts be used in preparation of food or as ingredients in any food served. An exception to this includes prepackaged variety snacks such as shelled nuts and trail mixes in which the ingredients are appropriately marked and identifiable.

(f) Furnishing in between meals, fruit, supplemental foods such as nuts, snacks, cookies, candy bars, etc. or beverage options are not authorized.

(g) The Contractor shall provide appropriate condiments, napkins, plates, only 12 oz cups, cup lids, eating and serving utensils, tableware and trash liners. All plates, cups, and tableware shall be recyclable / biodegradable.

(h)The contractor must provide all food preparation equipment and food transportation equipment.

(i) Contractor shall provide on-site BBQ/grilled foods for either lunch or dinner one to two times within a two week period. BBQ equipment and supplies such as lighter fluid and propane tanks shall not be stored on-site.

B.7 SERVING SCHEDULE FOR MEALS

The Contractor shall provide the following operating schedule. Hours of operation are shown:

Breakfast 06:30 – 08:00

Lunch 11:30 – 13:00

Dinner 17:00 – 18:30

Late & Early Meals: The Forest Service may, on occasion, request that meals be served to students or staffs who are unable to eat during scheduled hours. The Forest Service will provide adequate notice to allow the Contractor time to arrange for staffing for food preparation, serving and cleanup. Contractor is not obligated to serve any meals if the Forest Service does not provide prior timely notification.

B.8 MEAL COUNTS/ORDERING

(a) Once the total number of apprentices and staff are determined for a given period of time no less frequently than per week, the Forest Service will issue an order for the number of meals to be prepared Monday through Friday of the established time period. The Contractor shall provide the ordered quantities specified for each meal plus 10% to account for seconds.

(b) The Contractor shall keep count of the number of meals served. Second servings shall not count as an additional meal. Personnel shall identify to the “counter” when they are going through the line for a second time. Meal counts shall be reconciled with the Forest Service after each meal, or other alternative method as agreed to by the Contractor and Contracting Officer Representative.

(c) The Contractor shall be paid for the number of meals ordered by the COR. Order forms will be verified with two signatures, the COR and the Contractor. (See Section D, Exhibit 2)

B.9 FOOD SPECIFICATIONS AND INSPECTIONS

(a) State of California Specifications and U.S. Public Health Service Food Code shall be used to determine the acceptability for food products used. The indicated grades are intended as minimum standards only and the Contractor is encouraged to exceed these minimums wherever possible.

(b) The Government will require the offeror to have a valid/current Health Permit for retail food and provide copies of the current year food inspection of their cooking area and all cooking licensing and certifications. This will be required on a yearly basis or as the kitchens and certifications change.

(c) Offerors will be required to hold a valid/current business license and be insured.

B.10 FOOD QUALITY STANDARDS

(a) Meat, Poultry, and Fish.

(1) Beef - Fresh or fresh frozen whole/full muscle USDA inspected, USDA Choice or better with 1/4 inch trim, (lower grades of beef, including "no roll/select", are not acceptable). No more than 15% pump in all USDA Choice pre-cooked and/or further processed beef items with the exception of corned beef brisket which may be 20%.

The term “whole muscle” in this section shall mean whole muscle or sliced from whole muscle. No soy additives shall be included in beef products.

(2) Ground Beef - USDA inspected 100% ground beef or ground beef patties meeting USDA ingredient and labeling requirements, not to exceed 10% fat.

(3) Beef for Sack Lunches - USDA inspected, whole/full muscle, flats, top and bottom rounds and eye of the round only (no shoulder cuts allowed). Pre-cooked further processed beef or cured beef such as corned beef or pastrami may be used. No soy additives shall be included in beef products. (No more than 15% pump in all precooked, further processed, or cured beef items, with the exception of corned beef brisket and pastrami, which shall not exceed 20% pump.) Roast beef for sandwiches shall be well done and not appear to have a “green sheen”.

(4) Pork - USDA inspected, USDA Grade 1-2. Bacon, sausage and whole/full muscle pork items. Whole/full muscle cured ham and natural juices or cured ham with water added not to exceed 15% pump (ham and water product, ham with water and isolated soy protein added and turkey-ham is not allowed).

(5) Cornish Game Hens - Whole/full muscle, USDA inspected.

(6) Poultry - Whole raw chicken shall be obtained from USDA inspected facilities and shall be USDA Grade “A” whole/full muscle. Cut raw chicken product shall be obtained from USDA inspected facilities and may be USDA Grade “A” or equivalent. Cooked product that does not have a USDA grade shall have been obtained from USDA inspected facilities and purchased from among the suppliers top quality labels.

Acknowledgement of a top-quality (Best Label) and equivalent products does not necessarily constitute acceptance as an end product if that product is otherwise objectionable in appearance, taste or quality. Processed or precooked turkey shall not exceed 3 lobes per product of breast meat only. No more than 15% pump in all processed or precooked poultry items. (No chunked, chopped and/or formed product allowed).

(7) Lamb - USDA inspected; USDA Choice or better; fresh, whole/full muscle. No more than 15% pump in all USDA Choice pre-cooked or further processed lamb items. No soy additives shall be included in lamb products.

(8) Fish - Whole muscle steaks or fillets (no chunked, chopped, formed, pressed or imitations, except canned tuna fish ).

(b) Dairy Products - Pasteurized, USDA Grade A or better.

(1) Cheese - Natural cheese. No imitation cheese, cheese product, cheese food, or cheese spread allowed except in factory wrapped – commercially available products like burritos, Hot Pockets®, chimichangas, etc., needed for lunches. The Contractor shall use natural cheese if these items are made at their certified and designated cook site.

(2) Fresh Shelled Eggs - USDA inspected, Grade A.

(3) Frozen or Liquid Whole Egg(s) - USDA inspected and pasteurized. No egg substitutes.

(c) Canned Vegetables - US No. 1 or equivalent. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup, or equivalent), or in their natural juices, low fat, no trans-fat.

(d) Canned Fruits - US No. 1 or equivalent. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup, or equivalent), or in their natural juices, low fat, no trans-fat.

(e) Fresh Fruits and Vegetables - First Quality. When grading is available, fruit in the sack lunches must be U.S. No. 1 or better. The Contractor shall provide documentation that validates that the quality of the product is equal to U.S. No. 1 or better. Containers, cases, and crates shall be marked for grade.

(f) Frozen Fruits and Vegetables (All Meals) - Grade A. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup, or equivalent), or in their natural juices, low fat, no trans-fat.

(g) Juice - 100% fruit juice, 100% fruit juice blend; 100% vegetable juice. All juice must be pasteurized.

(h) Dry Cereal (Breakfast) - Vitamin enriched or fortified.

(i) Canned Goods and Prepared Items for Sack Lunch (Second Entree Only). All burritos or similar product containing meat shall be USDA inspected. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup, or equivalent), or in their natural juices, low fat, no trans-fat.

(j) Bread - Enriched and/or fortified, or whole grain.

(k) Coffee - High quality, caffeinated (decaffeinated upon request by the COR).

(l) Tea - High quality.

(m) Oil - Pure vegetable oil and/or olive oil, or coconut oil, no trans fats.

(n) Prepared Salads - High quality.

(o) Canned Tuna Fish - Chunk Light Tuna, Dolphin-safe, and water packed. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup, or equivalent), low fat, no trans fat.

(p) Beef Jerky - Sliced dried beef. Contents shall be low sodium, low additional sugars (e.g.

high fructose corn syrup or, equivalent), low fat, no trans fat.

B.11 STANDARD MENU REQUIREMENTS

Standard menu items and quantities to be available per person are listed below for each type of meal.

(a) Breakfast - Both hot and cold meal options shall be made available for breakfast.

(1) Breakfast shall include the items and quantities identified below

(i) Eggs - 2 fresh eggs (3 when scrambled) or 6 oz. of liquid eggs (no egg substitutes).

(ii) Meat - 4 oz. (raw uncooked weight).

(iii) Bread or Hot cakes or French toast or Waffles - or equivalent starch (equal to 3 (1 to 1.5 oz.) slices of bread).

(iv) Potatoes - 6 oz. or equivalent starch (see Section B.12(d)(10)).

(v) Milk - 1/2 pint. Both white and chocolate milk shall be available.

(Additional/substitute options may be requested by COR)

(vi) Fresh Fruit or Canned Fruit - U.S. Grade B (choice), (no apples or oranges), low sodium, 0% additional sugars (i.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

(vii) Chilled 100% Fruit Juice – 5.5 oz. and 0% additional sugars (e.g.. high fructose corn syrup or equivalent).

(viii) Cooked Cereal - 6 oz.

(ix) Dry Cereal - 2 individual servings, 3/4 oz. each.

(x) Muffin(s) or equivalent - 3 oz.

(2) Additional Items for Hot and Cold Breakfast.

In addition to the above, the items listed below shall be made available for the hot breakfast meals and contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

All items shall be provided in approved dispensers or original bottles in the dining area.

Appropriate items for hot and cold breakfast will be determined by the COR.

(i) Butter

(ii) Jelly or Jam

(iii) Peanut Butter

(iv) Sugar

(v) Cream (or substitute)

(vi) Tea (see Section B.12(d)(15)), and hot chocolate

(vii) Mustard

(viii) Ketchup

(ix) Steak Sauce

(x) Salt

(xi) Pepper

(xii) Salsa

(xiii) Hot Peppers

(xiv) Brown Sugar - e.g.. Wholesome Sweeteners, or equivalent,

(xv) Raisins or other dried fruit (see Section B.12(d)(7)) shall also be made available to compliment hot cereal, in appropriate serving containers, not individually packaged

(xvi) Brewed coffee.

(b) Lunch- Both hot meals and sack lunches shall be made available for lunch.

(1) Hot lunches

Hot lunches shall be available no less than 3 days between Monday and Friday and shall include the items and quantities identified below:

(i) Whole/Full Muscle Meat (Raw Weight)

Steak -10 oz. (boneless) or 14 oz. (bone-in), or

Beef - 10 oz. (boneless) or 14 oz. (bone-in), or

Beef and Pork Ribs - 10 oz. (boneless) or 18 oz. (bone-in), or

Pork - 10 oz. (boneless) or 14 oz. (bone-in), or

Lamb - 10 oz. (boneless) or 14 oz. (bone-in), or

Poultry - 8 oz. (boneless) or 14 oz. (bone-in), or

Ham - 8 oz. (boneless) or 12 oz. (bone-in), or

Fish - 8 oz., or

Beef Patties - 5.5 oz., 100% beef patty with a 90:10 fat ratio.

Contractors may elect to serve an entree such as lasagna or casseroles.

However, these entrees must have a meat side dish which ensures the total meat quantity standard is met.

Any meat used that is not specified above must be the equivalent quantity and meet the dinner quality standards cited in Section B.10. The actual weight of any specific cut of meat shown above may vary in accordance with specifications covered under the USDA Institutional Meat Purchase Specifications (IMPS). The portion weight is specified on the supplier’s label. Precooked meat shall meet equivalent weight of raw meat products.

Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

(ii) Non Meat Protein - 4 oz., Textured Vegetable Protein (TVP) NOT to be used.

(iii) Vegetables – 4 oz.

(iv) Potatoes - 6 oz. or equivalent starch (See Section B.12 (d)(10)).

(v) Bread - Two 1 to 1.5 oz. slices or equivalent starch.

(vi) Milk - 1/2 pint. Both white and chocolate milk shall be available, (Additional/substitute options may be requested by COR)

(vii) Chilled 100% Fruit Juice – 5.5 oz. and 0% additional sugars (e.g..

high fructose corn syrup or equivalent).

(viii) Self-Service Salad Bar shall contain:

Five salad toppings. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

One tossed green salad with equal amounts of three types of leafy vegetables, e.g. spinach, romaine lettuce, kale.

Two prepared salads. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

One fruit or fruit salad. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

Three types of salad dressings (regular and/or low/non-fat).

Three salad condiments.

(2) Additional Items for Hot Lunches

In addition to the above, the items listed below shall be made available for the hot lunch meals and contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

All items shall be provided in approved dispensers or original bottles in the dining area. Appropriate items for hot and cold lunches will be determined by the COR.

Butter

Jelly or Jam

Peanut Butter

Sugar

Cream (or substitute)

Tea and hot chocolate. These items shall be individually packaged.

Mustard

Ketchup

Steak Sauce

Salt

Pepper

Salsa

Hot Peppers

Brewed Coffee (as ordered by the COR)

(3) Sack Lunch

The Forest Service may request sack lunches in lieu of the buffet. Any such request will be made no less than 24 hours in advance. Regular and vegetarian sack lunches shall be provided as ordered by the COR. Vegetarian sack lunches shall be prepared for the Ovo-Lacto vegetarian classification level and shall consist of the same quantities and items as regular sack lunches.

Lunches will be packaged and labeled according to the requirements in Section. D, Exhibit 3.

Non-meat protein substitutes such as vegetarian lunch meats require COR approval and shall be used on a limited basis in vegetarian sack lunches.

Definition: Ovo-Lacto Vegetarian - This is the most common form of vegetarianism. Ovo- Lacto vegetarians do not eat meat, chicken, fish or flesh of any kind, but do eat eggs and dairy products. Sub categories are Ovo vegetarians that eat eggs but not dairy products, while Lacto vegetarians eat dairy products but not eggs.

NOTE: Pre-prepared sandwiches shall not be frozen.

Sack lunches shall consist of the following items:

(i) Entree 1 - One Meat Sandwich (or Sandwich with Non-meat Substitute for Vegetarian):

(A) The sandwich shall be wrapped in plastic wrap or plastic bags.

(B) The sandwich shall contain two 1 to 1.5 oz. slices of bread.

(C) The meat sandwich shall contain 3.5 oz. sliced whole muscle meat or a combination of sliced whole muscle meat and cheese or equivalent vegetarian substitute. Ground meat, such as meatloaf or ground beef patties, may be allowed if approved by the COR.

(D) Appropriate individually packaged condiments shall be provided and not be put directly on the sandwich.

(E) Individually packaged condiments shall be approved by the COR.

(ii) Entree 2 - Variety Item:

(A) Contractors may choose a variety of items for the second entrée including a second sandwich. The preferred option is to provide energy bars.

(B) Entrée 2 shall have a minimum nutritional value of 400 calories and contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

(iii) Fruit - The fruit shall be one apple (size 100 count) or one orange (size 88 count), or other fresh fruit of comparable size e.g.. pears, nectarines, peaches, etc.

(iv) Dried Fruit - Factory-wrapped or re-sealable individually wrapped by the Contractor. This item shall have a minimum nutritional value of at least 200 calories. All ingredients shall be identified and attached to the product for easy identification and must NOT have any additional sugars or sweeteners. (Note:

Most dried fruits have a caloric value of approximately 75 calories per oz.)

(v) Factory-Wrapped or Re-sealable Individually Wrapped Snack:

(A) Two (2) or more snacks with a combined minimum nutritional value of at least 600 calories.

(B) It is preferred that these snacks be high in complex carbohydrate content. All ingredients shall be identified and attached to the product for easy identification. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

(vi) Condiments - Four individual factory-wrapped packets of condiments appropriate for the entrees being served.

(vii) Paper Napkin and Pre-Moistened Towelette - Two each.

(c) Hot Dinners

(1) Hot dinners shall include the items and quantities identified below:

(i) Whole/Full Muscle Meat (Raw Weight)

Steak -10 oz. (boneless) or 14 oz. (bone-in), or

Beef - 10 oz. (boneless) or 14 oz. (bone-in), or

Beef and Pork Ribs - 10 oz. (boneless) or 18 oz. (bone-in), or

Pork - 10 oz. (boneless) or 14 oz. (bone-in), or

Lamb - 10 oz. (boneless) or 14 oz. (bone-in), or

Poultry - 8 oz. (boneless) or 14 oz. (bone-in), or

Ham - 8 oz. (boneless) or 12 oz. (bone-in), or

Fish - 8 oz., or

Beef Patties - 5.5 oz., 100% beef patty with a 90:10 fat ratio.

Contractors may elect to serve an entree such as lasagna or casseroles.

However, these entrees must have a meat side dish which ensures the total meat quantity standard is met.

Note: Any meat used that is not specified above must be the equivalent quantity and meet the quality standards cited in Section B.10. The actual weight of any specific cut of meat shown above may vary in accordance with specifications covered under the USDA Institutional Meat Purchase Specifications (IMPS). The portion weight is specified on the supplier’s label. Precooked meat shall meet equivalent weight of raw meat products.

Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

(ii) Non Meat Protein - 4 oz., Textured Vegetable Protein (TVP) NOT to be used.

(iii) Vegetables - 4 oz

(iv) Potatoes - 6 oz. or equivalent starch ( See Section B.12 (d)(3)).

(v) Bread - Two 1 to 1.5 oz. slices or equivalent starch.

(vi) Milk - 1/2 pint. Both white and chocolate milk shall be available.

(Additional/substitute options may be requested by COR)

(vii) Chilled 100% Fruit Juice – 5.5 oz. and 0% additional sugars (e.g..

high fructose corn syrup or equivalent).

(viii) Dessert - 4 oz., must be approved by the COR for quality reassurance.

(ix) Self-Service Salad Bar shall contain:

Five salad toppings. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

One tossed green salad with equal amounts of three types of leafy vegetables, e.g. spinach, romaine lettuce, kale.

Two prepared salads. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

One fruit or fruit salad. Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

Three types of salad dressings (regular and/or low/non-fat).

Three salad condiments.

(2) Additional Items for Hot Dinners

In addition to the above, the items listed below shall be made available for the hot dinners and contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat.

All items shall be provided in approved dispensers or original bottles in the dining area. Appropriate items for hot dinners will be determined by the COR.

(i) Butter

(ii) Jelly or Jam

(iii) Peanut Butter

(iv) Sugar

(v) Cream (or substitute)

(vi) Tea and hot chocolate. These items shall be individually packaged.

(vii) Mustard

(viii) Ketchup

(ix) Steak Sauce

(x) Salt

(xi) Pepper

(xii) Salsa

(xiii) Hot Peppers

B.12 MENU VARIETY

(a) Contractor Bi-Weekly Menus (Refer to Section D for sample menu format) shall be approved by the COR in advance. Menu items shall provide variety on a daily basis as to the types of meat and bread used in sandwiches, other sack lunch entrees, snacks, juices and other meal items served.

(b) Menus may include a wide variety of recipes. "Heat and Serve" meals must be approved by the COR and shall be approved on a limited basis only.

(c) If meat is an ingredient of a pre-cooked item, the meat portions per meal must meet the meat quantity standard defined in Section B.10. Entrees such as stew, lasagna, spaghetti, linguine, chili, chicken chop suey or casseroles may be used as approved by the COR.

(d) Contents shall be low sodium, 0% additional sugars (e.g. high fructose corn syrup or equivalent), or in their natural juices, low fat, no trans-fat. The following are examples of variety options.

(1) Meat

(i) Beef

Steaks - rib, loin, T-bone, New York, sirloin, cubed, filet and pepper steak.

Roast - Prime rib and sliced roast.

Short Ribs - baked, broiled and barbecued.

Ground Beef - lasagna, meat loaf, meatballs in spaghetti sauce and ground beef patties.

(ii) Pork

Chops - loin cut, spare-ribs, country style ribs and barbecued.

Roast - sliced and tenderloin.

Ham - sliced.

Sausage

(iii) Lamb

Chops - grilled and barbecued Roast - sliced.

(iv) Poultry

Sliced, or whole pieces or parts (such as breast, thigh or leg).

(v) Fish - grilled, baked fillets or steaks.

(vi) Processed Meat Items - pastrami, Polish/Italian sausage and corned beef.

(vii) Breakfast Meat - ham, bacon, sausage, steak and pork chops.

(2) Eggs - Fried, hard-boiled, poached, omelets or scrambled.

(3) Bread and Equivalent Starches - wheat, white enriched and/or fortified, 7-grain, rye, pumpernickel, French, garlic, biscuits, muffins, rolls, croissants, bagels, cornbread, sourdough, tortilla and pita pocket.

(4) Dry Cereal - Varieties of flaked, toasted, or baked cold cereals and granola.

(5) Hot Cereal - Oatmeal or grits, Cream of Wheat

(6) Fruit - oranges, tangerines, apples, bananas, grapes, pears, peaches, plums, nectarines, grapefruit, or melons.

(7) Dried Fruit - apricots, cherries, dates, mango, pineapple, pears, banana chips, peaches, prunes, raisins or other dried fruit.

(8) Vegetables - broccoli, cauliflower, asparagus, corn, peas, green beans, mixed vegetables, etc.

(9) Non Meat Protein - BBQ beans, vegetarian patty, vegetarian hot dog, Tofu, beans, soybean product, bean burritos, peanut butter, cheese, tempeh, quinoa, hummus.

(10) Potatoes and Equivalent Starches - baked, mashed, fried, boiled, scalloped, rice, stuffing, pasta, sweet potatoes, or yams.

(11) Juice - orange, tomato, grape, V8® type, apple, cranberry, or pineapple. Must be 100% juice with 0% additional sugars, or in their natural juices.

(12) Sandwich Meat and/or Cheese - ham, corned beef, roast beef, turkey, pork, beef pastrami, chicken, cheddar, Swiss, or other natural cheese, excluding American processed cheese.

(13) Salad Bar

(i) Salad Toppings - kidney, garbanzo or pinto beans, carrots, mushrooms, celery, cauliflower, green/red bell peppers, broccoli, cheese, cottage cheese, beets, peas, tomatoes, eggs, cucumbers.

(ii) Prepared Salads - carrot and raisin, potato, pea, coleslaw, fruit, rice or pasta salads.

(iii) Tossed Salad Greens - romaine, endive, green leaf, red leaf, butter, spinach, or cabbage.

(iv) Fruit - melons, peaches, grapes, bananas, strawberries, pears, applesauce or seasonal fruit, 0% additional sugars or in their natural juices.

(v) Salad Dressings - regular and low/non-fat French, Ranch, Italian, vinaigrette, Thousand Island, Blue Cheese

(vi) Salad Condiments - croutons, wheat nuts, sunflower seeds, crackers and taco chips, bread sticks, olives, pickles, or other fresh pickled, or marinated vegetables.

(14) Dessert - cakes, cookies, pies, cobblers, puddings, pastries or ice cream. Low fat, low additional sugars, if possible, e.g.. Skinny Cow, or equivalent.

(15) Tea - black, herbal, green, and spiced. flavored tea may be served in addition to regular tea at the Contractor's option,

(16) Milk – white (2%), white (skim), chocolate, almond, rice, or soy. 0% additional sugars and low fat.

(17) Snack Varieties - trail mix, granola bars, energy bars, fresh vegetables, pretzels, shelled nuts. Factory packaged meats such as dried meats, sausage, pepperoni, jerky, etc., are acceptable. Processed cheese and cheese food products are allowed for this item only. The Government retains its full right to reject any product offered under this paragraph if the quality of the product is rejected by users.

(18) Energy Bars- A processed snack made of healthful ingredients and high calorie content to give a boost to athletes and firefighters endurance. The packaging of a typical bar will provide a precise nutritional breakdown in order to assist the students in maintaining a dietary regimen. Major brand names in North America include the Balance® bar, PowerBar®, Odwalla Food Bar®, and CLIF® bar. Other brand names may be provided if comparable in nutritional value of these listed brand name Energy Bars.

B.13 COOKING REQUIREMENTS

All foods shall be cooked to minimize health hazards in accordance with the requirements below and the current FDA Food Code.

(a) Ground Meat, Pork, Poultry Lamb and Fish - All ground meat, pork, poultry, lamb and fish shall be cooked well done to the minimum internal temperature defined in the current FDA Food Code or higher with temperature tested in the product’s thickest part.

(b) Whole Muscle Beef - Roast beef for sandwiches and cube steaks shall be well done. Beef roast or steaks for dinner meals may be medium rare to well done, as approved by the COR.

(c) Fresh Eggs - Fresh eggs may be cooked to order. Fresh eggs cooked to order shall be cooked to heat all parts of the egg to the minimum internal temperature defined in the current FDA Food Code or higher. Boiled eggs shall be well done.

B.14 FROZEN AND PACKAGE ITEMS

Frozen items shall not be frozen longer than the manufacturer “use by date”. Packaged items shall be used by the manufacturer's “sell-by" or expiration date.

B.15 SERVING CONTAINER REQUIREMENTS

(a) Milk - Shall be available in individual cartons, approved milk dispensers, or must be served from cartons or jugs.

(b) Juice - Shall be available in individual pop-top cans, non- crushable paper/foil-type containers and re-salable plastic bottles. Approved dispensers may be used.

(c) Desserts - Shall be either served at the serving line, or in individually wrapped dishes, or covered for protection from contamination if served at a dessert bar.

(d) Salad Dressing and Condiments - Shall be available in individual packets, approved dispensers, or original bottles. Salsa and hot peppers shall be served in approved containers at the salad bar.

(e) Bread - Shall be either served at the serving line, or covered for protection from contamination if available at a salad bar. Tongs are required for self service.

(f) Dry Cereal - Cold cereal shall be available in individual boxes or in approved bulk dispensers.

SECTION C

CONTRACT CLAUSES

C.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address (es):

https://acquisition.gov/far

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-10 Waste Reduction Program (MAY 2011) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JAN 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property (Apr 2012)

C.3 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (FAR 52.212-4) (MAY

2015)(TAILORED)

(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. (see following addendum to 52.212-4 for specific invoicing instructions)

(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, contract 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)…