FY 2021 - 2ND QTR DRY GOODS - FROZEN SUBSISTENCE - COMPLETE SOLICITATION PACKAGE.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.O. Box 5666 Yazoo City, Mississippi 39 /94

November 13, 2020 Dear Quoters:

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi, Contracting Office, for the acquisition of Dry G00ds, & Fro2en Items, Suf5srstenee for the 2nd Quarter of FY 200.f. This package contains all the necessary information for submitting a request for quote for evaluation.

In submitting the request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quote.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 which this clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the System for Award Management (S.A.M.) database. Quoters should include their Data Universal Number System (DUNS) number into the SAM database.

Quotes shall be received on or before the deadline of December 04, 2020, 2 :00 pm Centra l Daylight Time, via the following methods (mail, hand carry, fax or email).

MAILED quotes shall be submitted to the following address:

HAND CARRIED:

FAXED:

EMAIL:

Kecha Goston, Contract Specialist Federal Bureau of Prisons - Federal Correctional Complex P. 0. Box 5666 Yazoo City, MS 39194

Kecha Goston, Contract Specialist Federal Bureau of Prisons - Federal Correctional Complex 2225 Haley Barbour Parkway Yazoo City, MS 39194

Kecha Goston, Contract Specialist 662-716-1024 kstiff@bop.gov

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE

Quotes received after the deadline will not be considered. Please submit any questions you may have in writing and fax them to 662-7 16-1024 or to my email at kstiff@bop.gov. We will consider all questions received and provide responses, where appropriate. If you have any other questions, please feel free to call at 662-7 16- 1020 ext. 5811 .

Sincerely, /Isl/

Kecha Goston, Contract Specialist

15831521 Q00000005 Page 1 of 44

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

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

l 5B31521 Q00000005 11/13/2020

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No col/ecr calls) 8. OFFER DUE DATE / LOCAL

INFORMATION CALL: TIME

Kecha Goston kstiff@bop.gov (0) 662-716-1020 (F) 662-716-1 024 12/04/2020 14:00 CT

9. ISSUED BY CODE l 15B315 10. THE ACQUISITION IS • UNRESTRICTED OR [!j SET ASIDE: 1.00 %FOR

Federal Bureau of Prisons 0 SMAU. BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

FCC Yazoo City

ELIGIBLE UNDER THE WOMEN-OWNED • HUBZONE SMALL

SMALL BUSINESS PROGRAM

2225 HALEY BARBOUR PARKWAY • NAICS:

BUSINESS EDWOSB

YAZOO CITY, MS 39194 • SERVICE-OISABLED SIZE STANDARD: 500

VETERAN-OWNED • SMALL BUSINESS B(AI Employees

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

• 13a. THIS CONTRACT IS A • SEE

RATED ORDER UNDER DPAS

(15CFR 700) 4. METHOD OF SOLICITATION

SCHEDULE @ RFQ • IFB • RFP

15. DELIVER TO CODE I ! 5B315 16. ADMINISTERED BY CODE 15B3 15

Federal Bureau of Prisons Federal Bureau of Prisons

FCC Yazoo City FCC Yazoo City

2225 HALEY BARBOUR PARKWAY 2225 HALEY BARBOUR PARKWAY

YAZOO CI TY, MS 39194 YAZOO CITY, MS 39194

17a. CONTRACTOR/

OFFEROR

CODE ! I FACILITY l 18a. PAYMENT WILL BE MADE BY

CODE

CODE l 15B315

Federal Bureau of Prisons

FCC Yazoo City

2225 HA LEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEt:J ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

I 19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Delivery Date: 01/25/202 1

DRY GOODS I FROZEN ITEMS SUBSISTENCE

FY 2021 - 2ND QUARTER

JANUARY OJ , 2021 thru MARCH 31, 202 1 (QUARTERLY FORM I Os)

TIN

DUNS

See Continuation Sheet(s) ( UR Rn't!r" and/or Aftoch AdditiOffOI SJ,ttu at Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 1 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

, ARE ~ ARE NOT ATTACHED

ARE ARE NOT ATTACHED

• 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ COPIES TO • 29. AWARD OF CONTRACT: REF. OFFER

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Kecha Goston 11/13/2020

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA· FAR (48 CFR) 53.212

I

15B31521 Q00000005 Page 2 of 44

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _ _ _ _ _ _____ _ _ _

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

O coMPLETE • PARTIAL • FINAL

I PARTIAL I I FINAL

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. RE:CEIVED AT (Location)

42c. DATE REC'D (YYIMM/OO) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B31521Q00000005 Page 3 of 44

Table of Contents

Description Page Number

Solicitation/Contract Form Commodity or Services Schedule Contract Clauses

52.211-16 Variation in Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 201 8) 52.204-99 System for Award Management Registration (September 2012) (DEVIA TION) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Jan 2020) 52.232-25 Prompt Payment (Jan 201 7) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-0l)(November 201 3)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2019)

52.2 12-1 Instructions to Offerors-Commercial Items (Oct 201 8)

52.27-1 03-7 1 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.204-16 Commercial and Government Entity Code Reporting (Jul 201 6)

15B31521Q00000005 Page 4 of 44

Section 2 - Commodity or Services Schedule

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random 56 cs $ Sliced Whole, Sliced Buttons, or Stems and Pieces. Minimum drain weight 58 oz. U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. 61#10 cans or pouches per case. State can or pouch on bid .

**FSA REQUESTS 6 - #10 CANS PER CASE**

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from 9 ,900 LB $ Whole grains or combination of whole and refined grains. (CID A-

A-20000D, Type I, Class 5, Grain Composition A).

Bulk package range 12 to 40 lb case. Specify case weight on bid.

•• FSA REQUEST 33 POUND CASES

(300 CASES X 33 LB CASES = 9,900 LBS)

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Rice, U.S. Grade 1 or 2 , Long Grain MILLED Rice, Parboiled Light 20,000 LB $

{FSA REQUESTS 50 POUND BAGS}

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, 500 cs $ Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets.

(CID A-A-20178C, Types I-VI, Style A, Package 1 ). Each individual is .80 to 1.0 Gram. State case count on bid.

**FSA REQUESTS INDIVIDUAL, 2,000 COUNT PER CASE

(500 CASES X 2,000 COUNT PER CASES = 1,000,000 EACH)

Firm Fixed Price

PSC: 8945

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, 6,000 LB $ or Regular, (CID A-A-20062E, Type I, Style A , B, or C), Enriched in accordance with the requirements as specified in 21 CFR 139 .115 and 21 CFR 139.135. 1 lb to 40 lb :iealed bags.

{FSA REQUESTS 20 POUND CASES ONLY}

300 CASES X 20 LBS = 6,000 LBS

Firm Fixed Price

PSC: 8915

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Sauce, Worcestershire. (CID A-A-20099C). 411 gallon plastic 56 cs $ containers per case.

AMOUNT

AMOUNT

AMOUNT

AMOUNT

AMOUNT

AMOUNT

15831521 Q00000005 Page 5 of 44

**FSA REQUESTS HEINZ, FRENCH'S OR LEA AND PERRIN

BRAND ONL y••

•• FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Taco Shells, Com, U Shaped, Enriched. (CID A-A-20143B, Type 50,000 EA $ $ 111, Style A, Shape b, Enrichment type i). Each. State case count on bid.

**FSA REQUESTS 200 COIUNT PER CASE

(250 CASES X 200 PER CASE = 50,000 EACH

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, 6,000 LB $ $ or Regular, (CID A-A-20062E, Type VI, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115and 21 CFR 139.135.

1 lb to 40 lb sealed bags.

{FSA REQUESTS 20 POUND CASES}

300 CASES X 20 LBS = 6,000 LBS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium. (CID 50 cs $ $ A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case

**FSA REQUESTS KIKKOMAN BRAND ONLY**

**FSA REQUESTS 4/1 GALLON CONTAINERS PER CASE**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Beans, Black Eyed Peas, Canned, In Brine, Meatless. (CID A- 56 cs $ $ A-20134C, Type 1, Class F, Style 1 ). 6/#10 cans per case.

**FSA REQUESTS 6-#10 CANS PER CASE ••

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, 373 cs $ $ Type IV, Style 1 or 2, Flavor A, B, C, D, or E). Syrup shall be manufactured in accordance with the

U.S. Standard of Identity for Table Syrup, 21 CFR 168.180. Each.

Individuals are 1 oz. State case count and flavor on bid.

**FSA REQUESTS INDIVIDUAL, 1 oz, DIET SYRUP OR LIGHT

SYRUP

**DIET SYRUP

**FSA REQUESTS 200 COUNT PER CASE**

(373 cases X 200 count per case = 74,600 each

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B31521 Q00000005 Page 6 of 44

0012 Pasta, Lasagna Noodles, Curt or Flat Fonn, Whole Wheat Blend, 6,000 LB $ $ Whole Wheat, or Regular. (CID A-A-20062E, Type VIII, Class 1 of 2, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and

21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags .

.. FSA REEQUESTS 20 POUND CASES/BAGS**

Finn Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), 300 cs $ $ Packed in Water, SalVSodium Level Regular, No Said Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D, Type A or B, Fonn I, Color A or B, Packing Media 1, SalUSodium Level A, B, C, or D).

Sodium content will not exceed 1.5% salt. Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth. Quote must specify size and packing of case and if quoting on cans or pouches.

**FSA REQUESTS 6 CANS PER CASE**

300 CASES X 6 PER CASE = 1,800 CANS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Cornbread Mix, Pounds, 50 Pound Bag 3,500 LB $ $ Powdered Cornbread Mix, CID A-A-20181 B, Type 5, Class 3

{FSA REQUESTS 50 LB CONTAINERS/BAGS}

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Com Meal, Degermed (lower fat), Enriched, White or Yellow, Course Granulation (CID A-A-20066B, Type 111, Class B, Color 1 or 2 , Granulation a) .

2,500 LB $ $

.. FSA REQUESTS 50 POUND CONTAINERS / BAGS**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Flour, General, All Purpose, or Whole Wheat Flour, Unbleached.

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

3,000 LB $ $

**FSA REQUESTS 50 LB CONTAINERS/ BAGS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Pasta, Penne, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type XIV, Style A, B, or C). Enriched in accordance with the requirements as specified

2,000 LB $ $

in 21 CFR 139.115 and 21 CFR 139.135. 1 lb lo 40 lb sealed bags.

**FSA REQUESTS 20 POUND BAGS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type I, Class Kor Type IV, Class A; Style 1 ). 6/#10 cans per case

168 cs $ $

15B31521Q00000005 Page 7 of 44

{FSA REQUESTS 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Poultry Seasoning, Pounds, 1-Pound, Ground. 500 LB $ $ Poultry Seasoning, Ground, CID A-A20001 .

.. FSA REQUESTS 1 POUND CONTAINERS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Spices, Garlic, Powder. From dehydrated garlic bulb ground to 1,000 LB $ $ a fine powder after the milling process. 100% air dried garlic.

Appearance and Flavor Cream Brown Fine Powder with the characteristic odor and flavor of garlic.

No off notes. Texture - A dry medium fine granular powder, slightly fibrous. Moisture less than 12%. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 lb sealed plastic containers or boxes. Note package size on bid.

**FSA REQUESTS 1 LB CONTAINERS**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Salsa, Canned, 6-#10 Case. Salsa, Ready made, Mile Salsa, 6- 70 cs $ $ #10 Cans per case, CID A-A-2021 OD.

**FSA REQUESTS 6-#10 CANS PER CASE

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen. 288,000 EA $ $ (Muffins, Bagels, Donuts, Cinnamon Rolls, Honey Buns, etc.)

Specify item, size case count, and if items contain yeast on the bid. Items will not contain poppy seeds.

•• FOOD SERVICES ADMINISTRATOR (FSA) REQUESTS 72

COUNT PER CASE.

•• FOOD SERVICES ADMINISTRATOR (FSA) DO NOT WANT

THAW AND SERVE OR BAKE AND SERVE PASTRIES,

BREAKFAST CAKES.

**FSA REQUESTS A MINIMUM OF 4 OUNCE INDIVIDUALLY,

WRAPPED, DONUTS, CINNAMON ROLLS, HONEY BUNS,

BAGELS, MUFFINS, AND DANISHES }

**FSA REQUESTS MINIMUM 4 OZ PASTRIES, BREAKFAST

CAKES**

**VENDORS, PLEASE SPECIFY THE PRODUCT(S) THAT

YOU WILL BE SUPPL YING, INCLUDING THE UNIT SIZE AND

COUNT, AND ETC.

(4,000 CASES X 72 COUNT PER CASE = 288,000 EACH)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined 448 cs $ $ 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.

15B31521Q00000005 Page 8 of 44

.. FSA REQUESTS 6-#10 CANS PER CASE**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Dessert, Cookies, Individual, Each. ASSORTED INDIVIDUALS, 800 cs $ $ 144 Count per Case. Dessert, Cookies, Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Specify Item being quoted).

**FSA requests Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Specify Item being quoted).

•• 144 Count per Case

(800 CASES X 144 COUNT PER CASE = 115,200 EACH)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Burritos, Prepared, Frozen, Lunch/Dinner, Beef and Bean with 160 cs $ $ Red or Green Chilies, Non-Fried Oven Ready, Any Size, Any Fat Range. (CID A-A-20292, Type 11, Flavor B & E, Size 9, Any Fat Range). The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends.

Size of burrito to be local specification and size noted on bid.

**FSA REQUESTS Beef, Burrito, Beef & Bean, 72 Count Per Case.

Please specify which of the two you will quote on.

Beef, Burrito Beef & Bean 72 Count Per Case

(160 CASES X 72 COUNT PER CASE= 11 ,520 EACH)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Tortillas, Com, 5" to 7" in diameter, Round, Shelf stable, 200 cs $ $ refrigerated, or frozen , Table Ready. (CID A-A-20143B, Type I, Style A, Size 4, 5 , or 6, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. State case count on bid.

**FSA REQUESTS 1,440 COUNT PER CASE

(200 CASES X 1440 COUNT PER CASE= 288,000 EACH)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Soup Base, Bouillon, Chicken Flavor, Low or Reduced Sodium, 375 LB $ $ Powdered, No added monosodium glutamate. (CID A-A-20202B, Type 11 , Class 2 or 3, Style A, Flavor Enhancer A).

Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz.

of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield : The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb = 10> gal) (triple yield -1 lb= 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

{FSA REQUESTS 25 LB BAG}

Firm Fixed Price

PSC: 8945

15B31521Q00000005 Page 9 of 44

0028 Spices, Chili Powder, Ground. Packaging must indicate actual 500 LB $ $ 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 plastic containers or boxes .

.. FSA REQUESTS 1 LB CONTAINERS**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Soup Base, Bouillon, Vegetable Flavor, Low or Reduced Sodium, Powdered, No added monosodium glutamate. (CID A-A-20202B, Type IV, Class 2 or 3, Style A, Flavor Enhancer A) .

450 LB $ $

. Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz.

of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb= 10> gal) (triple yield -1 lb= 15> gallon), Yield must be marked on container, All delivered product must be labeled with ingredients. Quote must include cost for finished 10 gallons of broth. Specify case weight on bid.

**FSA REQUESTS 30 POUND BAGS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Spices, Pepper, Black, Ground. (CID A-A-20001B, Type I, Class 50 LB $ $ X, 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.

**FSA REQUESTS 1 LB CONTAINERS, GROUND, BULK

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Tomato, Crushed, as defined in the standard of identity for crushed 56 cs $ $ tomato (21 CFR 155.191). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%). U.S.

Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard.

6/#10 cans per case.

{FSA REQUESTS 6 #10 CANS PER CASE ONLY)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Tomato, Paste, as defined in the standard of identity for tomato 336 cs $ $ paste (21 CFR 155.191 ). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%).

U.S. Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard. 6/#10 cans or pouches per case. State can or pouch on bid.

**FSA REQUESTS 6/#10 CANS PER CASE

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Sauce, Barbeque, Plain/Regular, Honey, Or Hickory Smoke, 50 cs $ $

Without fruit purees added. (CID A-A-20335B, Flavor I, II , or 111, Type B). 4/1 Gallon Plastic Containers per case.

15831521Q00000005 Page 10 of 44

**FSA REQUESTS KRAFT OR HEINZ BRAND ONLY**

**FSA REQUESTS 4-1 GALLON CONTAINERS PER CASE**

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Tortilla Chips, Com, Round or Triangular, Enriched, Shelf Stable , 212 cs $ $ Table Ready (CID A-A-20143B, Type 11 , Style A, Shape a or c, Enrichment type I, Product state a, Cook state 1). Bulk packaged.

**FSA REQUESTS 12 LB BAG/CASE

(212 CASES X 12 LB BAGS = 2,544 LBS)

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Tomatoes, Canned, Diced, as defined in the standard of identity for 504 cs $ $ canned tomatoes (21 CFR 155.190). U.S. Grade A- C, Average Drained weight of 54.7 to 63.5 ounces per #10 can. 6/#10 cans per case.

{FSA REQUESTS 6/#10 CANS PER CASE ONLY}

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Soup Base, Bouillon, Beef Flavor, Low or Reduced Sodium, 450 LB $ $ Powdered, No added monosodium glutamate. (CID A-A-20202B, Type I, Class 2 or 3, Style A, Flavor Enhancer A).

Maximum moisture percent by weight is 3.5. Maximum total fat percent by weight is 15%. Maximum of 140 mg of sodium per 8 oz.

of finished product, Finished product must be completely soluble in boiling water when prepared according to the label instructions, Single yield: The one (1) lb. of powdered finished product must dilute to a final volume of not less than five (5) gallons (5.67 grams makes an 8 oz. cup serving size) (Double yield -1 lb= 10> gal) (triple yield -1 lb= 15> gallon), Yield must be marked on container, All delivered rcroduct must be labeled with ingredients. Quote must include cost or finished 10 gallons of broth. Specify case weight on bid.

**FSA REQUESTS 30 POUND BAGS

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0037 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or 1,680 cs $ $ 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 per case.

{FSA REQUESTS 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Vegetable, Peas, Sweet, Canned. U.S. Grade A - C. As defined in 728 cs $ $ 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.

**FSA REQUESTS 6-#10 CANS PER CASE**

15B31521Q00000005 Page 11 of 44

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum Drain Weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

560 cs $ $

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

{FSA REQUESTS 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Vegetable, Com, 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.

560 cs $ $

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans.

{FSA REQUESTS 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Beans, Kidney or Red, Canned, In Brine, Meatless, Light or Dark 168 cs $ $ Red. (CID A-A-20134C, Type I or IV, Class C, D, E, or I, Style 1 ).

6/#1 O cans per case

{FSA REQUEST 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0042 Vegetable, Potatoes, French Fries, Frozen , Institutional type, 30,000 LB $ $ Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, ½ x ¼, or 3/8 x ¾ inch and be Extra Long, Long, or Medium

(at least 50 percent or more are 2 inches or longer. OVENABLE.

U.S. Grade A, U.S. Fancy, or U.S. Grade B. As defined in Title 7 52.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

{FSA REQUESTS 30 POUND CASES OF STRAIGHT CUT OR

CRINKLE CUT}

NOTE: OVENABLE MUST BE ON LABEL

Firm Fixed Price

PSC: 8915

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Vegetable, Mixed (5-way mix including carrots, green beans, peas, 840 cs $ $ corn, and lima beans), Canned, With Salt, Without Salt, No Said 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.

{FSA REQUESTS 6/#10 CANS PER CASE}

Firm Fixed Price

PSC: 8950

15831521Q00000005 Page 12 of 44

0044 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, 30,000 LB $ $ Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1 /2 inch, 4 7 - 54 units per pound.

Unseasoned, seasoned with spices, or seasoned with spices and salt.

Oven-baked. (CID A-A-20038C, Pack Type 11, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2 , 3, or 5.

Cooking Method A). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada.

{FSA REQUESTS 30 POUND CASES ONLY}

NOTE: OVENABLE MUST BE ON LABEL

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 French Toast, Frozen, Regular or Low Fat, Any Flavor, (CID A- 413 cs $ $ A-20234B, Type II, Style A or B, Class 3, Flavor A, B , C, or D, Shape 1 - 8). Each. State case count on bid.

{FSA REQUESTS WHOLE SLICES ONLY. NO STICKS}

**144 COUNT PER CASE, FROZEN**

(413 cases x 144 count per case= 59,472 slices/each)

** NO STICKS

Firm Fixed Price

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Vegetable, Spinach, Cut leaf of Sliced, U.S. Grade A, U.S. Fancy, 392 U.S. Grade B, or U.S. Extra Standard. As defined in Food and cs $ $

Drug Standard of Identity 21 CFR 51.990. Originated from crops that have been 100 percent grown, processed, and packed in the

United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

**FSA REQUESTS 6/#10 CANS PER CASE**

Firm Fixed Price

PSC: 8915

SMALL BUSINESS

Delivery Schedule: Deliveries may be made M-F, 7:30am - 3:00pm., excluding federal holidays. Food Service Warehouse may be contacted at 662-751-4800 ext. 411 5 or 4117.

15B31521Q00000005 Page 13 of 44

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

( I) 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 Govemmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1 , Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(t) 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.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

15B31521Q00000005 Page 14 of 44

(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.

(8) 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 (0MB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

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

15831521 Q00000005 Page 15 of 44

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

(!) 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.

(1) Termination/or 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 Governn1ent for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

15B31521Q00000005 Page 16 of 44

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

( 1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

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

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

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

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

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

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

15B31521 Q00000005 Page 17 of 44

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Commercial and Government Entity Code Reporting (Jul 2016)

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

52.211 -16 Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract wi ll not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

[ Contracting Officer insert percentage] Percent increase

[Contracting Officer insert percentage] Percent decrease

This increase or decrease shall apply to FILL-IN CO >.*

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-

( I) The total contract quantity;

(2) Item I only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.204-99 System for Award Management Registration (September 2012) (DEVIATION)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means- ( I) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that- ( I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of2006 (see Subpart 4. 14) into the SAM database;

15831521Q00000005 Page 18 of 44

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number {TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- ( I) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (I) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

( l) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-57 l l if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.