BRQ 15B41726Q00000013.pdf
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- Attached to
- FY26 FCI MILAN CERTIFIED QTR 3
- Solicitation number
- 15B41726Q00000013
- Issued by
-
Department of Justice Bureau of Prisons
About this file
This is a Request for Quote (RFQ) for commercial food products issued by the Federal Bureau of Prisons (FCI Milan) to supply kosher and halal certified food items for the third quarter of fiscal year 2026.
The solicitation requires delivery of 27 line items totaling approximately 9,000+ individual food units within 30 days of award. Products include kosher items (tartar sauce, margarine, beverages, coffee, cereal, farina, jelly, mayonnaise, mustard, sardines, sugar substitute, tuna, vegetable juice, whole wheat bread, and pasta meals) and halal certified meals (beans and franks, cheese omelet, chicken cacciatore, chicken chow mein, chicken wings, fish fillet, meatballs, meatloaf, spaghetti and meatballs, Spanish omelet, and turkey cutlet). All individual packages must be marked with appropriate kosher or halal certification hechsher or seal. The solicitation is set aside 100 percent for small business concerns under NAICS code 311999 (Miscellaneous Food Manufacturing) with a size standard of 700 employees. The offer due date is March 9, 2026, at 12:00 ET, with anticipated award and delivery on April 1, 2026. Pricing is firm fixed price with payment by electronic funds transfer in accordance with the Prompt Payment Act. The contract incorporates extensive FAR clauses addressing cybersecurity, privacy requirements, whistleblower protections, debarment screening, and security prohibitions related to foreign telecommunications equipment and covered applications. Vendors must maintain active registration in the System for Award Management (SAM) and complete a Federal Bureau of Prisons Vendor Cybersecurity Attestation Form.
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Other files
| File | Type | Posted |
|---|---|---|
| FY26 Q3 Food Service CERTIFIED Cover Letter.docx | DOCX document | |
| MIL_Certified Specs_FY26 QTR3.xlsx | XLSX spreadsheet |
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15B41726Q00000013 Page 1 of 41
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.
1. REQUISITION NUMBER
15B41726PR000125
PAGE 1 OF
5. SOLICITATION NUMBER
15B41726Q00000013
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
02/24/2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
C. DENNIS C1DENNIS@BOP.GOV
b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
03/09/2026 12:00 ET
CODE 15B417
Federal Bureau of Prisons
FCI Milan
4004 East Arkona Road
Milan, MI 48160
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
311999
SIZE STANDARD:
10. THE ACQUISITION IS
SEE SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM -
DPAS (15 CFR 700)
13b. RATING
X REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
14. METHOD OF SOLICITATION
15B417CODE15. DELIVER TO
Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160
GRAHAM NICHOLS
GJNICHOLS@BOP.GOV
CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
15B417CODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160
GRAHAM NICHOLS
GJNICHOLS@BOP.GOV
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
FCI MILAN FY 26 QTR 3 CERTIFIED Delivery must be within 30 days after awarded. Offers will only be offered by signature. Once the order is awarded, the contractor must sign, or award will be rejected. VENDOR MUST
SELF-CERTIFY IN SAM.
Firm Fixed Price Firm Fixed Price
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REFERENCE _____________________________
OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK
5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)
Curtis W Dennis
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
15B41726Q00000013 Page 2 of 41
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
15B41726Q00000013 Page 3 of 41
Table of Contents
Section Description Page Number
Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses
2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 Alt I (DEV) System for Award Management-Maintenance (Oct 2018) - Alternate I
(DEVIATION NOV 2025)
52.209-6 (DEV) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)
(DEVIATION NOV 2025)
52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)
(DEVIATION NOV 2025)
52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020) (DEVIATION DEC 2025) 52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025) 52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies (Jan 2025)
(DEVIATION DEC 2025)
52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION
DEC 2025)
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-36 (DEV) Payment by Third Party (May 2014) (DEVIATION NOV 2025) 52.233-3 (DEV) Protest after Award (Aug 1996) (DEVIATION NOV 2025) 52.233-4 (DEV) Applicable Law for Breach of Contract Claim (Oct 2004) (DEVIATION NOV 2025) 52.240-91 (DEV) Security Prohibitions and Exclusions (DEVIATION NOV 2025) BOP DOJ-05 DEVIATION BOP-05 Security of Department Information and Systems (January 2025) DOJ-02 Contractor Privacy Requirements (JAN 2022)
3 List of Attachments 4 Solicitation Provisions
52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (Sep
2023) (DEVIATION NOV 2025)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025) 52.216-27 Single or Multiple Awards (Oct 1995) 52.229-11 (DEV) Tax on Certain Foreign Procurements--Notice and Representation (Jun
2020) (DEVIATION AUG 2025)
52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)
(DEVIATION NOV 2025)
15B41726Q00000013 Page 4 of 41
Section 1 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Kosher Tartar Sauce, Ind. 200 Count Per Case
Kosher Tartar Sauce, Individual Packet. EACH. 9 Gram Individual Packet, Certified Kosher Parve, CID A-A 20140D, Type III, Style A.
*Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.
PSC: 8940
Delivery Schedule:
Delivery Description:
Delivery Number: 1 Delivery Required On: 04/01/2026 Quantity: 5.000000
Delivery Address: Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160
GRAHAM NICHOLS
GJNICHOLS@BOP.GOV
5 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Kosher Margarine, 200 Count Per Case
Kosher Margarine, ½ Ounce Sealed Individual Package. EACH, Refrigerated or Shelf Stable, Certified Kosher Parve. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.
PSC: 8940
25 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Kosher Beverage, Ind. 1000 ct/cs
Kosher Fruit Flavored Drink Powder, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted.
EACH.
Total amount may be adjusted to the next highest case count.
Certified Kosher Parve
PSC: 8940
50 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Kosher Coffee, Ind. 1000 ct
Kosher Coffee, Instant, Individual Serving Packet, Each Packets Makes 1 - 8 Ounce Serving When Reconstituted. EACH. Total amount may be adjusted to the next highest case count. Certified Kosher. *Each individual package must be marked with the kosher certification hechsher
PSC: 8940
10 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Kosher Dry Cereal, Asst, Ind. Each
Kosher Cereal, Any Type, Any Style, and any grain composition.
(CID A-A-20000E, Any Type, Any Class, Any Grain Composition). .81 oz to 2 oz individual package. EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.
900 EA $________ $_________________
15B41726Q00000013 Page 5 of 41
PSC: 8940
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 Kosher Farina, Ind. 200 Count Case
Kosher Farina, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Manufacturer sealed. Total amount may be adjusted to the next highest case count.
PSC: 8940
1 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Kosher Jelly Assorted, 200/Case
Kosher Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry or Strawberry. Regular or reduced sugar, U.S. Grade A or equivalent. (CID A-A-20078D), Type II, kind A ,B, F, M, R, S, Y, or AA, Style 1 or 2. Finished product quality a or
b. 10 gram individual portion. EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.
PSC: 8940
100 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Kosher Mayonnaise, Ind., each
Kosher Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light. EACH. 9 Gram Packet, Certified Kosher Parve. (CID A-A- 20140D, Type I, Style A, B, C, or D). *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.
PSC: 8940
5,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Kosher Mustard, Ind. Pks.- 200 Count Case
Kosher Mustard, Prepared, Yellow (Salad Style), Individual Packet.
EACH. 4.5 Gram - 9 Gram Packet, Certified Kosher Parve, CID
AA20036C,
Type I. *Each individual package must be marked with the kosher certification hechsher. Specify packet size on bid. Total amount may be adjusted to the next highest case count
PSC: 8940
20 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Kosher Sardines, 3-6 oz Pk, 24 ct
Kosher Sardines in Soybean Oil, Individual. 3 to 6 ounce each package. EACH. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count. Pouches only. Specify pack size on bid.
PSC: 8940
3 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Kosher Sugar, Substitute, Individual Pks., each
Kosher Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets EACH. Total amount may be adjusted to the next highest case count. Certified Kosher. *Each individual package must be marked with the kosher certification hechsher
PSC: 8940
300,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Kosher Tuna, 4-6 oz Pk. 24 Ct Case 25 CS $________ $_________________
15B41726Q00000013 Page 6 of 41
Kosher Tuna, Chunk Light in Water, Individual. 4 - 6 ounce each package. EACH. Tuna can be a product of the U.S. or other foreign country that meets the requirements of 21CFR123.12. Product may contain soy and/or vegetable broth. *Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count. Pouches only.
Specify pack size on bid.
PSC: 8940
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 Kosher Vegetable Juice, Ind. 48 Count Case
Kosher Vegetable Juice, 5 to 7 ounce Can. EACH. Certified Kosher Parve. Can must have easy open top. Juice must be tomato based with at least five additional vegetable products in the juice. *Each individual package must be marked with the kosher certification hechsher. Specify size of can and case count on bid.
PSC: 8940
30 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Halal Beans & Franks Meal, each
Halal Meat - 18 Ounce Beans and Franks Meal consisting of:
- 4 ounce Beef Franks or Cocktail Franks no artificial colors,
- 8 ounce-weight Vegetarian Beans w/Tomato Sauce
- 6 ounce-weight Diced Potatoes Note: The finished product of the Beef Frank may not contain more than 3.5% of a non dairy- non-meat binders and extenders or 2%isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.
PSC: 8940
156 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 Halal Cheese Omelet Meal, each
Certified Halal- 7 Ounce Cheese Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce cheese
- 3 ounce Potatoes
PSC: 8940
120 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Halal Chicken Cacciatore Meal, each
Halal Meat - 20 Ounce Chicken Cacciatore Meal consisting of:
Chicken Cacciatore made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 4 ounce-weight Tomato Sauce
- 4 ounce-weight Diced Tomatoes
- 1/2 ounce-weight Mushrooms
- 1/2 ounce-weight diced Onion, Garlic, spices and vegetable oil
- 3 ounce-weight Pasta Macaroni
- 4 ounce-weight Sliced or Diced Carrots
PSC: 8940
120 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Halal Chicken Chow Mein, each
Halal Meat - 20 Ounce Chicken Chow Mein Meal consisting of:
Chicken Chow Mein entree made from:
- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 6 ounce-weight Gravy thickened w/corn starch
- 1 ounce-weight Celery, Bell Pepper and Onion
- 2 ounce-weight Green Beans
- 3.5 ounce-weight White Rice
- 3.5 ounce-weight Sweet Peas and Carrots
120 EA $________ $_________________
15B41726Q00000013 Page 7 of 41
0018 Halal Chicken Wing Meal, each
Halal Meat - 16 ounce Chicken Wing Meal consisting of:
- 5 ounce-weight Bone-in Chicken Wings
- 2 ounce-weight BBQ Sauce
- 5 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables
PSC: 8940
156 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Halal Fish Fillet Meal, each
HALAL Certified- 14 ounce Fish Fillet Meal consisting of:
- 4 ounce-weight Fish Fillet cut from solid muscle fillet block flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)
- 2 ounce-weight Tomato Sauce
- 4 ounce-weight White Rice
- 4 ounce-weight Mature Lima Beans
PSC: 8940
168 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Halal Meatballs Meal, each
Halal Meat - 15 Ounce Hawaiian Meatballs Meal consisting of:
- 4 ounce-weight Cooked Beef Meatballs
- 2 ounce-weight Sweet Hawaiian Sauce
- 5 ounce-weight Cooked White Rice
- 4 ounce-weight Green Beans
PSC: 8940
120 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Halal Meatloaf Meal, each
Halal Meat - 16 Ounce Meatloaf Meal consisting of:
- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 2 ounce-weight Brown Gravy
- 6 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables Note: The finished product of the Meatloaf may not contain more than 3.5% of a non dairy/non-meat binders and extenders or 2%isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.
PSC: 8940
132 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Halal Spaghetti & Meatballs Meal
Halal Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:
- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)
- 5 ounce-weight Spaghetti Pasta
- 3 ounce-weight Tomato Sauce
- 8 ounce-weight Sweet Peas Note: The finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2%isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.
PSC: 8940
156 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 Halal Spanish Omelet Meal, each
Certified Halal - 7 Ounce Spanish Omelet Meal consisting of:
- 3 ounce-weight Plain Egg Omelet
- 1 ounce Spanish Sauce
- 3 ounce Potatoes
48 EA $________ $_________________
15B41726Q00000013 Page 8 of 41
0024 Halal Turkey Cutlet Meal, each
Halal Meat - 16 Ounce Turkey Cutlet Meal consisting of:
- 4 ounce-weight Turkey Cutlet made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)
- 2 ounce-weight Gravy
- 6 ounce-weight Mashed Potatoes
- 4 ounce-weight Mixed Vegetables.
PSC: 8940
72 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 Kos: WW Bread Ind, Wrapped- (2) Slice, each
Kos: WW Bread Individually Wrapped-(2) Slices, Certified Kosher Parve , First ingredient on label must be Whole Wheat Flour.
PSC: 8940
5,250 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 Kosher Pasta Meal, each
Kosher Parve - 16 Ounce Pasta with Vegetable Protein Meat Sauce Meal consisting of:
Vegetable Protein Meat Sauce made from:
- 0.5 ounce weight – Mushrooms,
- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.
- 5 ounce-weight Cooked Elbow Pasta
- 4 ounce-weight Green Beans
PSC: 8940
120 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Kosher Soy Vegetarian Lasagna Meal
Kosher Dairy - 16 Ounce Vegetable Protein Lasagna Meal consisting of:
Vegetable Protein Meat Sauce made from:
- 0.5 ounce weight – Mushrooms,
- 6.5 ounce weight – Pre-Flavored Textured Soy Protein. Pre-flavored to mimic Beef and Italian Sausage. Product to be Vegan.
- 5 ounce-weight Cooked Ricotta Cheese Roll-up
- 4 ounce-weight Green Beans
PSC: 8940
120 EA $________ $_________________
SMALL BUSINESS
The Cost Center Manager providing funds for this purchase is designated as the Qualified Contracting Official (QCO) to review and approve invoices resulting from this contract action.
15B41726Q00000013 Page 9 of 41
Section 2 - Contract Clauses
2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)
When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:
(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.
(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.
(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.
(3) FAR 52.212-5.
(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.
(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.
(6) Solicitation provisions if this is a solicitation.
(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.
(8) The Standard Form 1449.
(9) Other documents, exhibits, and attachments.
(10) The specification.
(u) Unauthorized obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government
15B41726Q00000013 Page 10 of 41 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:
(i) Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.
Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).
(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.
(iii) Law and disputes. This agreement is governed by Federal law.
(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.
(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.
(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.
(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:
(1) Terms that change Government rights or obligations;
(2) Terms that increase Government prices;
(3) Terms that decrease the overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.
(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.
(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).
(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.
(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.
15B41726Q00000013 Page 11 of 41
(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:
“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.
Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.
(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.
(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”
(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.
(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.
(xiv) Confidential information.
(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.
(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/ or searches performed by the Government or by contractor at the Government's direction under this contract or order, including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors
15B41726Q00000013 Page 12 of 41 on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge, disclose, disseminate, or publicize any such information to any third party except as provided in this provision without the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible for any violations of confidentiality by a subcontractor.
(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an employee's obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by Executive orders and statutory provisions relating to whistleblower protection are incorporated into this contract and are controlling.
(D) The Government may share the terms, conditions and prices set forth in this Order with, and provide a copy of the Order to, other Executive branch agencies of the U.S. Government, provided that the Government shall ensure that other Executive branch agencies to which it provides such information will be required to treat all such information consistent with terms and conditions set forth in this Order.
(E) Notwithstanding anything in this agreement, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this Order.
(xv) Authorized users. Authorized users may include full and part-time employees of the Government, including those working at or from remote locations, and contractors and contractor employees working within the scope of their contract with the Government, including those at or from remote locations.
(xvi) Authorized use. Authorized users are authorized to use the product or service acquired under this contract in performing business on behalf of the Government. Any information obtained or acquired by the Government under this contract may be used by the Government in the performance of Government business.
(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevails to the extent of such inconsistency.
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Full Text
52.252-2 Clauses Incorporated by Reference (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/these address(es):
https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses]
(End of clause)
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
15B41726Q00000013 Page 13 of 41
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.204-13 Alt I (DEV) System for Award Management-Maintenance (Oct 2018) - Alternate I (DEVIATION NOV 2025)
(a) Definitions. As used in this clause—
Commercial and Government Entity code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) If the Contractor was unable to register for Federal Government contracts in the System for Award Management (SAM) at https://www.sam.gov before award, the Contractor shall register in SAM within 30 days after contract award or at least three days before submitting the first invoice, whichever occurs first.
(2) The Contractor shall maintain an active Federal Government contracts registration in SAM during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(3) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.
Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated
15B41726Q00000013 Page 14 of 41 in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract.
A change in the UEI does not necessarily require a novation.
(End of clause)
52.209-6 (DEV) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (DEVIATION NOV 2025)
(a) Definition. As used in this clause—
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
15B41726Q00000013 Page 15 of 41
(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that—
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) (DEVIATION NOV 2025)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-3.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an…
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