Cover Page and 15B51523Q00000009 Subsistence 3rd Qtr FY2023.pdf

U.S. Department of Justice Federal Bureau of Prisons

Federal Correctional Institution

4001 Leopard Drive Texarkana, TX 75505-9500

Date: February 10, 2023

RE: 15B51523Q00000009

Dear Quoter:

Attached is the Request for Quotation, 15B51523Q00000009, 3rd Quarter Subsistence items for the Federal Correctional Institution in Texarkana Texas.

This Package contains all the necessary information for submitting a request for a quote for evaluation. The following forms, clauses, and statements must be completed and submitted with your offer:

A.

Standard Form 1449

B.

Representations and Certifications

All potential quoters are advised that this solicitation includes the FAR clause FAR 52.212-4 (October 2018) for Commercial Items, System for Award Management database (SAM), formerly the Central Contractor Registration (CCR). This clause requires all contractors doing business with the Federal Government to be registered in the SAMS database.

Quoters should include their Data Universal Number system (DUNS number) in their quotes. The Contracting Officer will verify registration before award by entering the potential awardee’s DUNS number into the SAMS database. Failure to complete the registration procedures outlined in this clause will result in elimination from consideration for an award. Quoters are asked to comply with the specifications on the solicitation.

Substitutions will not be accepted. Quoters must be able to accept Government purchase cards for payment. The form of payment is solely at the discretion of the Contracting Officer.

The evaluation factors are price and past performance. The price will be rated higher than past performance. The Government will award to the responsible offeror(s) whose offer conforms to the solicitation and is considered to be the most advantageous to the Government. Goods are to be delivered between April 1, 2023, but not later than the 15th, Monday thru Friday between 7:30 a.m. and 1:30 p.m. excluding holidays.

Undelivered items are subject to cancellation. Failure to deliver within the established time frames will be considered as non-conformance under terms of the contract and the order may be canceled.

Quotes should be received on or before the deadline of February 24, 2022, at 5:00 p.m. central standard time via mail or email.

Quotes shall be submitted to the following address or email:

Point of Contact: Point of Contact:

Nicholas Zwermann, Galo P Morlet Contracting Officer Supervisory Contract Specialist Department of Justice Department of Justice Federal Bureau of Prisons Federal Bureau of Prisons P.O. Box 9500 P.O. Box 9500 Texarkana Texas, 75505-9500 Texarkana Texas, 75505-9500

(903) 838-4587 ext. 334 (903) 838-4587 ext. 508 nzwermann@bop.gov gmorlet@bop.gov

Sincerely, Nicholas Zwermann, Contracting Officer mailto:nzwermann@bop.gov mailto:gmorlet@bop.gov

15B51523Q00000009 Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B51523Q00000009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/10/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Galo Morlet gmorlet@bop.gov

b. TELEPHONE NUMBER (No collect calls)

903-838-4587 x508

8. OFFER DUE DATE / LOCAL

TIME

02/24/2023 13:00 CT

CODE 15B515

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 311991

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B515CODE15. DELIVER TO

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501

GALO MORLET

(O) 903-838-4587 x508 gmorlet@bop.gov

CODE 15B51516. ADMINISTERED BY

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE

Texarkana, TX 75501

Galo Morlet

(O) 903-838-4587 x508 gmorlet@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BTEXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Texarkana

PO BOX 9500

Texarkana, TX 75505-9500

Galo Morlet

(O) 903-838-4587 x508 Invoice to gmorlet@bop.gov -bbuckley@bop.gov

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 04/01/2023

Subsistence for 3rd Quarter FY 2023

It is vital that the items awarded is delivered on or before the date put out in the Solicitation to avoid cancellation.

Delivery of item are to be on or before April 1, 2023, but no later than April 15, 2023.

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 Govt. Use Only)

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Nicholas Zwermann

31c. DATE SIGNED

02/10/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B51523Q00000009 Page 2 of 44

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15B51523Q00000009 Page 3 of 44

Table of Contents

Section Description Page Number

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) 52.232-18 Availability of Funds (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

15B51523Q00000009 Page 4 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Meats, Beef, Ground, 80% Lean, IMPS 136, delivered Frozen.

Ground Beef shall consist of chopped fresh and/or frozen beef without seasoning.

In addition product must be produced from current raw material, no bench trimmings, steak trim, or re-ground product to be used as raw material. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. PRODUCT MUST BE 6 MONTHS OR

YOUNGER UPON DELIVERY WITH THE DATE CLEARLY ON

THE LABEL, (NO STAMPED OR WRITTEN DATES ALLOWED).

When beef cheek meat (trimmed beef cheeks) is used in the preparation, the amount of such meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage. Manufacturer’s letters will NOT be accepted in lieu of labeling. Upon delivery, product must have a rosy red appearance.

Product that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags.

Note weight of packaging and case size on bid.

PSC: 8905

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beef, Ground, 80% Lean, IMPS 136, Frozen. Will consist of chopped fresh and/or frozen beef without seasoning.

Beef must be produced from current raw material, no bench trimmings, steak trim, or reground product to be used as raw material. Finished beef will not contain more than 20% fat, and will not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. BEEF MUST BE 6 MONTHS OR

YOUNGER UPON DELIVERY WITH THE DATE ON THE LABEL,

NO STAMPED/WRITTEN DATES. When trimmed beef cheek meat is used in preparation, the amount of such meat will be limited to 25%; NO ORGAN/TONGUE MEAT. Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage.

Manufacturers letters will NOT be accepted in lieu of labeling. Beef must have a rosy appearance upon delivery. Beef that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags.

PSC: 8905

13,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Italian Sausage, Pork, Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links.

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

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

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

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

PSC: 8905

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Meats, Turkey, Ground, Raw, (Not Mechanically Separated), Bulk, Frozen, (CID A-A-20300, Type I, Type of turkey meat B & C, Style I, Package type a), b), or c), Fat content a, b, c, or d).

Fat content may not exceed 15%, Product must be in sealed bags.

No open bags or packaging. Delivered cases must be labeled with

1,800 LB $________ $_________________

15B51523Q00000009 Page 5 of 44 fat content. Manufacturer’s letters will NOT be accepted in lieu of labeling. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Turkey, Ground, Raw, (Not Mechanically Separated), Bulk, Frozen, Fat content may not exceed 15%, Product must be in sealed bags.

Meats, Turkey, Ground, Raw, (Not Mechanically Separated), Bulk, Frozen, (CID A-A-20300, Type I, Type of turkey meat B & C, Style I, Package type a), b), or c), Fat content a, b, c, or d). Fat content may not exceed 15%, Product must be in sealed bags. No open bags or packaging. Delivered cases must be labeled with fat content. Manufacturer’s letters will NOT be accepted in lieu of labeling. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

PSC: 8910

6,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 American Cheese, Slices, Pounds Am Cheese, Sliced, 30 Pound Case.

Cheese, Sliced, (Real Cheese, Not Imitation), As specified in the Code of Federal Regulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 133 -- CHEESES AND RELATED

CHEESE PRODUCTS , Subpart B, 133.173 ,One of the following cheeses, (To be determined by the FSA), Pasteurized Process Cheese American, Cheddar, Provolone, Swiss, Colby, or Monterey Jack . Each of the ingredients used in the food shall be declared on the label. Manufacturer’s letters will NOT be accepted in lieu of labeling.

PSC: 8910

15 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Cheese, Cheddar, U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113), Style A, B, D , K (loaf, shredded coarse), Shred size 1, 2, or 3, Agricultural practice (a).40 lb case.

“Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 133.113). Manufacturer’s letters will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 40 lb case.

PSC: 8910

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Margarine, Bulk, 30 Pound Case.

Margarine, Bulk, All Vegetable. Margarine shall comply with all applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part

166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

PSC: 8910

130 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Mozzarella Cheese, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella. 40 Pound Case

Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella. (CID-A- A-20248C) The mozzarella cheese must conform to the following list. Type I, II, III, or IV. Style A - Block (loaf), frozen, Style B - Shredded, individually quick frozen (IQF) or Style J - Sliced or Diced forms. Shred size 1,2, or 3. Agricultrual practice a. Milk fat range between 30.0 to 45.0 to 60.0 % on a dry basis depending on

100 CS $________ $_________________

15B51523Q00000009 Page 6 of 44 type. Moisture content range between 45.0 to 60.0 % depending on type. All ingredients must be declared by their common or usual name in descending order of predominance by weight.

Manufacturer’s letters will NOT be accepted in lieu of labeling.

Type and Style to be determined locally and size noted on bid.

Packaging of Primary Container: 40 lb/case.

PSC: 8910

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Basil, Ground, Price per pound.

Spices, Basil, Sweet, Ground or Crushed (CID A-A-20001B, Type I, Class C, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note: package size on bid.

Note: price by the pound.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Spices, Basil, Sweet, Ground or Crushed.

Spices, Basil, Sweet, Ground or Crushed (CID A-A-20001B, Type I, Class C, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note: price by the pound.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Bay Leaves, Whole

Bay Leaves, Whole (CID A-A-20001B, Type I, Class D, Form 2).

Packaging must indicate actual delivered weight of product. Pure

- no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes.

Note: price by the pound.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Beans, Navy, Dry, 50 Pound Bag.

Beans, Dry, Navy, Whole, CID A-A-20337, Type II, Class 7.

Note: Price per 50 pound bag.

PSC: 8915

11 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Black Pepper, Ground, Bulk. (500 pounds total)

Black Pepper, Ground. (500 pounds total) Spices, Pepper, Black, Ground. (CID A-A-20001B, Type I, Class X, Form 1). Packaging must indicate actual delivered weight of product.

Pure – no additives, extenders, foreign matter, or flow agents.

PSC: 8950

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Sugar, Brown, Light or Dark (CID A-A-20135E, Type II, Style A or B). 50lb bag.

Sugar, Brown, Light or Dark (CID A-A-20135E, Type II, Style A or B) 50lb bag.

PSC: 8925

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum Drain Weight 64 oz.

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum Drain Weight 64 oz. U.S. Grade A, U.S. Fancy, 112 CS $________ $_________________

15B51523Q00000009 Page 7 of 44

U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Catsup, Case, 6-#10 cans/case.

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A – C. 6/#10 Cans.

PSC: 8950

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Grits, Bulk, Pounds, 50 Pound Bags

Hominy Grits, Enriched, White or Yellow, Regular, Unflavored (CID A-A-20035E, Type I or II, Style A, Flavor 1).

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C.

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

155.130. Originated from crops that have been 100 percent

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

State type of can or pouch on bid.

PSC: 8915

280 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Flour, All Purpose, 50 Pound Bag

Flour, All Purpose wheat flour, or Bakers Wheat Flour, Unbleached or Bleached. (CID A-A-20126H, Type I (Class 1-3), II (Class 1-2) or III (Class 1-5) VI, Style A or Style B, Protein level a-d, Packaging type 1) Size g-j, Agricultural practice i ).

PSC: 8920

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Garlic Powder, Price per pound.

Spices, Garlic, Powder. From dehydrated garlic bulb ground to a find powder after the milling process. 100% air dried garlic.

Appearance and Flavor Cream Brown Fine Powder with the Characteristic odor and flavor of garlic. No off notes. Texture – A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product.

Pure – no additives, extenders, foreign matter, or flow agents.

PSC: 8950

500 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Green Beans, 6-#10 Cans

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, Good to Reasonably Good Character (A or B), Minimum Drain Weight 59 oz. U.S. Grade A – C. As defined in Food and Drug Standard of Identity 21 CFR 155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case.

State can or pouch on bid.

PSC: 8945

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B51523Q00000009 Page 8 of 44

0023 Greens, Collard, 6-#10 Cans

Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Mixed Vegetable, 6#10 Cans

Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Salt Added, Low Sodium, or Other, (CID A-A-20120E, Type II, Style A, B, C, D, or E). Minimum Drain Weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case.

State can or pouch on bid.

PSC: 8915

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Oregano, Ground, price per pound.

Spices, Oregano, Ground or Crushed. (CID A-A-20001B, Type I, Class U, Form 1 or 3). Packaging must indicate actual delivered weight of product.

Pure – no additives, extenders, foreign matter, or flow agents.

Note: package size on bid.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Parsley Flakes, Price per pound.

Spices, Parsley, Flakes. (CID A-A-20001B, Type I, Class W, Form 6). Packaging must indicate actual delivered weight of product.

Pure

– no additives, extenders, foreign matter, or flow agents. ½ oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Pasta, Egg Noodle, 10 Pound/Case

Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063D, Type I or Type II, Style B, Flour 1-5, Egg products a or b, Packaging size (5)-(8), Agricultural practice (a)). 1 lb to 40 lb sealed bags.

PSC: 8945

200 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 Pasta, Elbow Macaroni, 20 Pound/Case

Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type I, Style A, B, or C). Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8950

300 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Pasta, Spaghetti, 20 Pound/case

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

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

50 CS $________ $_________________

0030 Pasta, Ziti, Pounds, 20 Pound/Case 200 CS $________ $_________________

15B51523Q00000009 Page 9 of 44

Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type XIII, Style A, B, or C).

Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Peas, Green, 6-#10 Cans

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

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Red Pepper Flakes, Price per Pound

Pepper, Red, Flakes, Packaging: 1/2 oz to 50 lb sealed containers, Packaging must indicate actual delivered weight of product, Pure spice-no additives or extenders.

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Rice. 50 Pound Bag

Rice, U.S. Grade No. 1 or 2, Long Grain MILLED Rice, Parboiled Light.

PSC: 8945

200 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Salt, Bulk, Price per pound.

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

Bulk. Specify package size on bid.

PSC: 8950

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Shortening Liquid, 35 lb Container Shortening Liquid, 35 lb Container.

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

The liquid shortening (deep-fry cooking) must be prepared from deodorized vegetable fats and oils, which include, but are not limited to, palm oil, palm kernel oil, canola oil, or a combination of these oils. The liquid shortening (deep-fry cooking) must contain antifoaming agents and may contain antioxidants. Smoke point meets or exceeds 425 degrees F. 5-Gallon Container or 35 lb container(4.55 gallon) Note package size provided on bid.

PSC: 8945

100 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Soy Beef Granules, 50 Pounds per bag.

Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil, carbohydrates) in a manner to achieve a protein content of:

– in the case of soy protein flour (SPF) 50% or more and less than 65%; – in the case of soy protein concentrate (SPC) 65% or more and less than 90%; – in the case of soy protein isolate (SPI) 90% or more. The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging. Product will not contain any animal by products or ingredients.

PSC: 8945

10 BG $________ $_________________

15B51523Q00000009 Page 10 of 44

0037 Soy Sauce, 4-1 Gallon/Case

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

PSC: 8950

40 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Spinach, 6-#10 Cans

Vegetable, Spinach, Cut leaf or Sliced, Chopped, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans/case.

PSC: 8915

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B). 50 pound bag

Sugar, White (Refined), Granulated (fine, extra fine, or superfine) (CID A-A-20135E, Type I, Style A or B). 50 pound bag

PSC: 8925

50 BG $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Taco Seasoning, Price per Pound.

Spice, Taco Seasoning, Ground, (CID A-A-20001B, Type II, Class O ). Blend shall have a reddish orange color and be free from lumps. The taco seasoning blend should include, but is not limited to, the following ingredients: chili powder, ground cumin, dried oregano, salt, black pepper, ground paprika, garlic powder, and onion powder. Packaging must indicate actual delivered weight of product, Pure Spice - no additives or extenders. All delivered product must be labeled with ingredients. 1/2 oz. to 50 lb sealed containers. Note: package size on bid. Note: price by the pound.

PSC: 8950

100 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Spices, Thyme, Ground. (CID A-A-20001B, Type I, Class GG, Form 1). Price per pound.

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

PSC: 8950

10 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190).

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

PSC: 8915

168 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Sauce, Worcestershire. (CID A-A-20099D, Type I or II, Agricultural Practice A). 4/1 gallon plastic containers per case.

Sauce, Worcestershire. (CID A-A-20099D, Type I or II, Agricultural Practice A). 4/1 gallon plastic containers per case.

PSC: 8950

40 CS $________ $_________________

15B51523Q00000009 Page 11 of 44

0044 Tortillas, Wheat, White with spices or herbs, or Other. 7" - 10" in diameter. 360 count per case.

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

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

360 count/case

PSC: 8920

100 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Pastries, Breakfast Cakes, Assorted. Price per each.

Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve, or Bake and Serve. (Muffins, Bagels, Donuts, Cinnamon Rolls, etc.) Specify item, size case count, and if items contain yeast on bid. Items will not contain poppy seeds.

PSC: 8920

20,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Pastries, Desserts, Assorted. Price per each.

Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.)

Specify item, size case count and if items contain yeast on bid.

Items will not contain poppy seeds.

PSC: 8920

20,000 EA $________ $_________________

15B51523Q00000009 Page 12 of 44

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

15B51523Q00000009 Page 13 of 44

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of

15B51523Q00000009 Page 14 of 44 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

15B51523Q00000009 Page 15 of 44

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

15B51523Q00000009 Page 16 of 44

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records

15B51523Q00000009 Page 17 of 44 generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for…