QTR 1 Subsistence Request for Quote.pdf
PDF 157 KB Posted
- Solicitation number
- 15B40826Q00000020
About this file
This is a Schedule of Supplies/Services document for a commercial item procurement under Federal Acquisition Regulation Part 12 procedures, designated contract number 15B40826Q00000020, with delivery to the Federal Bureau of Prisons at FCI Leavenworth, Kansas (1300 Metropolitan Avenue, Leavenworth, KS 66048).
The solicitation requests pricing for 56 line items of food products and related supplies with a performance period of August 18, 2026 through August 31, 2026. The commodities include dry beans (black, great northern, kidney/red, and pinto totaling 17,500 pounds), canned beans, rice (15,000 pounds), pasta products (elbow macaroni, lasagna noodles, and spaghetti totaling 4,800 pounds), corn meal, dry milk, hominy grits, rolled oats, butter (250 pounds), margarine (500 pounds), salad dressing, mustard, pickle relish, frozen pizzas (14,000 units), taco shells (51,000 units), tortillas (27,500 units), tortilla chips, canned vegetables (tomatoes, green beans, beets, carrots, corn, mixed vegetables, mushrooms, peas, jalapeños, and spinach), soy sauce, spices (chili powder, garlic powder, paprika), soup base bouillon in beef, chicken, and vegetable flavors, fresh and processed meats (ground beef, beef patties, beef roasts, chicken products, pork sausage, pork roasts, turkey roasts, and fish fillets), various cheeses (cheddar, mozzarella, parmesan, cottage cheese, sour cream), and eggs (780 cases of 30 dozen). Offers must remain firm for 60 calendar days from the receipt deadline. Payment will be made in accordance with the Prompt Payment Act with constructive acceptance after 30 days of invoice receipt. The contract incorporates standard FAR clauses and DOJ-specific requirements including contractor privacy obligations, records management, whistleblower protections, and compliance with federal labor and anti-discrimination laws.
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Other files
| File | Type | Posted |
|---|---|---|
| QTR 1 Delivery Schedule.pdf | ||
| QTR 1 Subsistence Vendor Cover Sheet.pdf | ||
| QTR 1 Subsistence Combined Synopsis.pdf |
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15B40826Q00000020 Page 4 of 31
Section 1 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Black Beans
- Dry, whole, U.S. Grade 1-3
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
5,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Great Northern Beans
- Dry, whole, U.S. Grade 1 - 3
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Kidney or Red Beans
- Dry, whole, U.S. Grade 1 - 3
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Pinto Beans
Dry, whole, U.S. Grade 1 - 3
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
7,500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Black Beans, Canned
- In brine, meatless
- CID A-A-20134D, Type I, Class K, Style 1
- Nutrient content claim d, agricultural practice (1)
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
56 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 Rice
- U.S. Grade 1 or 2
- Long grain milled rice
- Parboiled light
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
15,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Elbow Macaroni Pasta
- CID A-A-20062F, Type I, Style A
- Enrichment type (A)
- Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165)
- Agricultural practice (1) - conventional
- 1 lb to 40 lb sealed bags
4,400 LB $________ $_________________
15B40826Q00000020 Page 5 of 31
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Lasagna Pasta Noodles
- CID A-A-20062F, Type VIII - lasagna, Class 1 wavy or flat form
- The two long edges must be ridged or rippled throughout the length of the unit, or Class 2 - flat lasagna, the edges must be cut straight
- Style A - Regular, Enrichment type (A)
- Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165)
- Agricultural practice (1) - Conventional
- 1 lb to 40 lb sealed bags
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
400 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Spaghetti Pasta
- CID A-A-20062F, Type VI, Style A Spaghetti, long form, regular
- The unit of spaghetti must be solid and cylindrical shaped
- Pasta is enriched in accordance with 21 CFR § 139.115, 21 CFR §139.135 or made with enriched flour (21 CFR § 137.165)
- Agricultural practice (1) - Conventional
- 1 lb to 40 lb sealed bags
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
4,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Corn Meal
- Degermed (lower fat), enriched, white or yellow, course granulation
- CID A-A-20066C, Type IV, Class C, Color 1 or 2, Granulation a
- Agricultural practice (a)
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
400 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Non-Fat Dry Milk
- Fortified with Vitamins A and D
- CID A-A-20085D, Type II, Class A, B, or C
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
700 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Hominy Grits
- Enriched, white, regular, unflavored
- CID A-A-20035E, Type I White, enriched (21 Code of Federal Regulations (CFR) § 137.260), Style A - Regular, flavor 1 -unflavored
- Agricultural practice (i) - Conventional
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 Rolled Oats
- CID A-A-20090J, Type II - quick cooking, regular, unflavored
- Any container size
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
15B40826Q00000020 Page 6 of 31
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Butter, Bulk
- Made exclusively from milk or cream or both, with or without common salt, and with or without additional coloring matter
- Containing not less than 80% by weight of milkfat
- U.S. Grade AA, A, or B. As defined in 7 CFR 58.2621-2627
- State case size and pack on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
250 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 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: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Caesar Salad Dressing
- CID A-A-20162B, Type I, Class J, Style 2
- Pourable, 1 gallon or 4/1 gallon plastic containers per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
144 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Mustard
- Prepared, yellow (salad style)
- CID A-A-20036D, Type I
- 4/1 gallon plastic containers per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
192 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Pickle Relish
- Sweet (mild or regular), bulk, cured
- Product will comply with the United States Standards for Grades of Pickles (84 FR16381), Grade A or B
- 4/1 gallon plastic containers per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
240 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Cheese Pizza
- Prepared, individually quick frozen, mozzarella cheese (regular, lite or low-moisture part-skim as indicated in 21 CFR 133, except 21 CFR §133.123-137 and 21 CFR §133.167-180)
- Enriched wheat or whole wheat crust, thin crust, wedge, rectangle, round individual, or round oversized (specify size)
- CID A-A-20277A, Type I, Type of pizza I - traditional, type of cheese A - natural cheese, Subtype 1, 2, 3, or 8-other, style of crust b - thin crust, component (1) - cheese, fat content (a) or (c)-other, sodium content (i) or (ii)
- Agricultural practice (aa) - Conventional.
Ingredients: Pizza will consist of a dough crust, tomato sauce, cheese and spices. The dough crust shall contain enriched flour and yeast and/or other leavening agents. The sauce shall be
14,000 EA $________ $_________________
15B40826Q00000020 Page 7 of 31 prepared from peeled and cored tomatoes, tomato puree, and/ or tomato paste; water; and spices, including salt; and/or other ingredients as appropriate. Product shall be manufactured not more than 180 days prior to delivery. Bid Quote MUST indicate actual portion weight, shape, dimensions, & case pack."
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Taco Shells
- Corn, U shaped
- CID A-A-20143B, Type III, Style A, Shape b each
- State case count on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
51,000 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Tortillas
- Wheat, 10" in diameter, round, shelf stable, refrigerated, or frozen, table ready
- CID A-A20143B, Type I -Tortillas , Style B - wheat, Size 9 - (10 in) diameter, Shape a - round, Enrichment type (i) - enriched, product state (a) - shelf stable, (c) - refrigerate, or (d) - frozen, cook state
(I) - table-ready each
- State case count on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
27,500 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Tortilla Chips
- Corn, round or triangular, shelf stable, table ready
- CID A-A-20143B, Type II, Style A
- Bulk packaged. Pounds.
- State case size on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
1,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 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
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
461 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 Green Beans, 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, ss defined in Food and Drug Standard of Identity
21 CFR 155.120
- Originated from crops that have been 100% grown, processed, and packed in the United States or Canada
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
224 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 Beets, Canned
- Whole, slices, quarters, diced, julienne, french style or cut
56 CS $________ $_________________
15B40826Q00000020 Page 8 of 31
- Minimum drain weight 64 oz.
- U.S. Grade A, 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% grown, processed, and packed in the United States or Canada
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 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
- Originated from crops that have been 100% grown, processed, and packed in the United States or Canada
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
392 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Whole Kernel Corn, Canned
- Conventional or supersweet, golden or yellow, whole grain
- Grade A - C, as defined in Food and Drug Standard of Identity 21
CFR 155.130
- Originated from crops that have been 100% grown, processed, and packed in the United States or Canada
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
112 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 Mixed Vegetables, Canned
- 5-7 way blend mix including carrots, potatoes, green beans, peas, corn, lima beans, and celery
- With salt, with salt and onion flavoring, no salt added, low sodium, or other
- CID A-A-20120F, Type I, Type II, Style A, B, C, D, or E; Container size 4
- Minimum drain weight of 64 oz.
- Originated from crops that have been 100% grown, processed, and packed in the United States or Canada
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
56 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 Mushrooms
- Brown, buttons, sliced whole, random sliced whole, sliced buttons, or stems and pieces
- Minimum drain weight 68 oz
- U.S. Grade A, or U.S. Grade B, ss defined in the definitions and standards of identity for canned mushrooms 21 CFR 155.201
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
56 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 Sweet Peas, 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 per case
PSC: 8945
392 CS $________ $_________________
15B40826Q00000020 Page 9 of 31
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 Jalapeno Peppers, Jalapenos
- Sliced, U.S. Grade, U.S. Fancy, U.S. No. 1, or U.S. No. 2, as defined in Title 7, 51.1282 - 1284
- 6/#10 cans per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
56 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 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% grown, processed, and packed in the United States or Canada
- 6/10# can per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
168 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0033 Soy Sauce
- Fermented or fermented, reduced sodium
- CID A-A-20087D, Type I or IV
- 4/1 Gallon plastic containers per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
48 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0034 Chili Powder, Ground
- CID A-A-20001C, Type II, Blend D, salt-free Seasoning (6) -Other
- Agricultural practice (i
- Blend shall have a reddish brown color and be free from lumps
- The chili powder blend should include, but is not limited to, the following ingredients: ground chili pepper, cumin, oregano, salt, and garlic 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 price by the pound
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
250 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0035 Garlic Powder
- From dehydrated garlic bulb ground to 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 quote and price by the pound
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
400 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0036 Paprika, Ground
- CID A-A-20001C, Type I, Spice V, Form 1
150 LB $________ $_________________
15B40826Q00000020 Page 10 of 31
- Agricultural practice (i)
- 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 quote Note price by the pound.
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0037 Soup Base Bouillon, Beef Flavor
- Low or reduced sodium, 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 product must be labeled with ingredients
- Quote must include cost for finished 10 gallons of broth
- Specify case weight on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
400 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0038 Soup Base Bouillon, Chicken Flavor
- Low or reduced sodium, powdered, no added monosodium glutamate
- CID A-A-20202B, Type II, 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 quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
700 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0039 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
- 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 quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
200 LB $________ $_________________
15B40826Q00000020 Page 11 of 31
0040 Ground Beef
- 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% 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%; (NO
ORGAN OR TONGUE MEAT)
- Delivered cases must be labeled beef, 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 quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
18,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0041 Ground Beef Patties
- 80% lean, frozen, round in shape, with paper separation or individually quick frozen, IMPS 1136
- Ground Beef Patties 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% 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%; (NO
ORGAN OR TONGUE MEAT)
- Delivered cases must be labeled beef, 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.
- Product to be packed in 10 lb to 60 lb cases, 1 mil or thicker bags
- Patties will be packed in boxes completely lined with plastic bags.
The open end of the bag will overlap at the top to completely cover the product.
- Note size on quote.
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
5,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0042 Beef Roast, Beef Top or Bottom Round
- Frozen, raw, beef top or bottom round (gooseneck), or strip loin, boneless
- IMPS 168 -round, top (inside), untrimmed, 169 - round, tip (inside), 169A - round, tip (inside), cap off, 170 - round, bottom (gooseneck), 170A - round, bottom (gooseneck), heel out, 171B -round, outside round (flat), 180 - loin, strip loin, boneless.
- Weight range approximately 12 lbs to 28 lbs
- Quote MUST indicate actual IMPS & average roast weight of quoted item
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
0043 Chicken Breast, Boneless, Skinless 10,000 LB $________ $_________________
15B40826Q00000020 Page 12 of 31
- 5 oz to 7 oz, boneless, skinless, raw, white meat (breast meat), frozen, no sodium added
- A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 7 CFR § 70 and 70.200 et seq., §70.220, §70.232, §70.233, §70.234 A Quality
- All processing activities shall comply with all applicable FSIS regulations and requirements, including 9 CFR § 381, and shall be done under FSIS inspection.
- The commodity shall not be processed or packaged more than 60 days prior to the first date of the delivery period for each sales order.
- Frozen commodity when specified in the solicitation, shall be processed, packaged and packed, and placed in a freezer within 7 calendar days after the date of harvest.
- Product must be produced under FSIS pathogen reduction standards, as specified in 9 CFR § 381.
- Boneless, skinless breasts must be free of cartilage, fat, holes, tendons, bone pieces, blood clots, bruises, cuts, tears, and muscle mutilations
- Slight discolorations is permitted, provided it does not detract from the appearance of the product. Unbreaded.
- All packaging materials shall comply with FSIS regulations (9 CFR § 381.144 Packaging Materials)
- All packaging and packing materials must be clean and in new condition, shall not impart objectionable odors or flavors to the commodity, shall be safe for use in contact with food products (cannot adulterate product or be injurious to health).
- Packed in poly bag boxes, polyethylene-film bags, shall have a wall thickness of not less than 2 mil and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use.
- Frozen commodity showing any evidence of defrosting, refreezing, or freezer deterioration shall be rejected for use under this FPPS.
- Products produced or labeled with any phrase “under religious exemption” will be refused.
- Note the size on the quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0044 Chicken, Boneless, Skinless
- Raw, white meat (tender or breast meat), frozen
- A quality per the USDA, United States Classes, Standards, and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq.
- Boneless, skinless breasts must be free of cartilage and fat
- Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted.
- Tenderloins or boneless, skinless parts must be free of blood clots, bruises, cuts, tears, and holes in the muscle tissue.
- Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless parts, provided it does not detract from the appearance of the product.
- Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance.
- Individual size-reduced portions of meat must be relatively uniform in size and shape, and consistent with the size reduction process, Unbreaded.
- Packed in poly bag boxes, polyethylene-film bags shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use.
- All packaging and packing materials must be clean and in new condition.
- Products produced or labeled with any phrase “under religious exemption” will be refused.
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
15,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0045 Chicken Leg Quarters
- Raw, whole, ready to cook, frozen, 12 oz to 16 oz
- U.S. Grade A, broiler leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq, unbreaded
20,000 LB $________ $_________________
15B40826Q00000020 Page 13 of 31
- "Whole Leg quarter" consists of a poultry thigh and drumstick (attached), with a portion of the back attached
- Delivered amounts of leg quarter portions can be random sizing, with the portion size not to be smaller than 12 ounces and not to exceed 16 ounces
- Packed in poly bag boxes, polyethylene-film bags, shall have a wall thickness of not less than 2 mil; and shall protect the commodity from dehydration, freezer burn, or quality deterioration during the conditions of use.
- All packaging and packing materials must be clean and in new condition.
- Products produced or labeled with any phrase “under religious exemption” will be refused.
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0046 Chicken Filet
- 4 oz - 5 oz, whole muscle or chunked and formed, 1/2 inch cube or greater (9 CFR § 381.171(f)
- No mechanically separated chicken (comminuted), previously cooked chicken meat, or MSG may be used in product
- 100% white meat, breaded
- CID A-A-20276A, Type VI, Style A or B, Meat Type (b), Form 1, Shape (b)
- Individually quick frozen
- Vegetable oil shall be used as the frying medium
- Combined batter and breading shall not exceed 30% by weight and will be evenly coated
- All ingredients in the product must be listed in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.
- Manufacturer’s letters will NOT be accepted in lieu of labeling
- Note size of filet on the quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
5,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0047 Fish Fillets
- 4 oz to 7 oz, raw, individually quick frozen, unglazed, skin-on, skin-on (white side only), or skin-off (skinless), practically boneless fillet
- U.S. Grade A or B, acceptable types include Tilapia, Cod, Haddock, or Flounder. (Grade Standards are separate for Cod, Flounder, and Haddock and must comply with those standards)
- Fillets are slices of practically boneless fish flesh of irregular size and shape, which are removed from the carcass by cuts made parallel to the backbone and sections of such fillets cut so as to facilitate packing
- 100% net weight, no water or glaze weight added, fish portion must meet weight requirements when thawed and drained, delivered cases must be labeled 100% net weight
- Manufacturer’s letters will not be accepted in lieu of labeling
- Note type and size on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
5,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0048 Italian Pork Sausage
- 3.8 oz - 5 oz 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 must 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 use of artificial colors in the manufacture of any sausage item is not permitted.
- The use of ingredients, method of addition, and product labeling shall comply with the Food Safety and Inspection Service’s (FSIS) Regulations and Policies.
- The purchaser maintains the right to verify the amounts of added ingredients using approved testing methods.
2,000 LB $________ $_________________
15B40826Q00000020 Page 14 of 31
- Fat content shall be declared on the product label along with a nutrition facts panel in accordance with FSIS regulations
- Links must be moderately uniform in length and diameter
- Packaging: layers one link deep will be separated with waxed paper or sheets of plastic material used for this purpose
- IMPS 818, Italian Sausage, Formula D, P2, or P3, Flavoring C
– Sweet (Contains increased amounts of sugar or sweetener), Type E - Linked, Casing Option B - Hog, Linked (Natural) or D - Collagen Casings (Edible)
- Product will be delivered frozen and will not contain SOY
- Specify portion size on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0049 Pork Roast, Pork Shoulder, Boston Butt
- 4 lb to 10 lb, raw, frozen
- IMPS 406A
- No paper wrapping
- Quote MUST indicate average roast weight of quoted item
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0050 Boneless Turkey Roast
- 8 lb to 12 lb, boneless, roast, raw, natural, all-natural, boned, rolled and tied, netted, roasting pack or other appropriate packaging
- U.S. Grade A., United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq.
- Breast meat or breast/thigh meat (8-12 lbs each) or whole muscle thigh meat (6 lbs each), skin (maximum) 12.5%
- Packaging shall be neat and attractive.
- The consumer pack turkey and turkey roasts must not be processed and packaged more than 90 calendar days prior to the first date of the delivery period
- Products produced or labeled with any phrase related to “under religious exemption” will be refused
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
8,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0051 Shredded Cheddar Cheese
- Frozen, shredded
- U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113), Style D - Shredded, frozen (5 lb) box, K - Other (Shredded, frozen, 10 lb to 40 lb) box, Shred size 1, 2, or 3
- Agricultural practice (a) - Conventional
- “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% of moisture, and in the water-free substance, contains not less than 50% 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
- Packaging: 5 lb to 40 lb sealed bags or containers
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
2,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0052 Shredded Mozzarella Cheese
- 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 J - Other (shredded, individually quick frozen (IQF) - (5 lb to 40 lb) box). Shred size 1,2, or 3
5,000 LB $________ $_________________
15B40826Q00000020 Page 15 of 31
- Agricultural practice (a)
- Milk fat range between 30.0 to 45.0 to 60.0% on a dry basis depending on 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
- Packaging of primary container: 5 lb to 40 lb sealed bags or containers
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0053 Parmesan Cheese
- Parmesan or parmesan and romano mixed
- Grated, Italian Style
- 12 - 1 lb containers per case
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
90 CS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0054 Cottage Cheese
- Cultured or acidified, low fat (2%), fat free, cottage cheese, or no salt added low fat types, unflavored, small or large curd
- Once the cottage cheese is packaged, the cottage cheese must have a remaining shelf life of at least 60 days
- CID A-A-20154C, Group I or II, Style A or B, Types 2, 3, 4, or 5, Flavor (a), Packaging size (7) - Other
- Agricultural practice (a)
- Note type and package size on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
1,000 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0055 Sour Cream
- Pasteurized, reduced fat sour cream, low-fat sour cream, or nonfat sour cream, no flavor
- CID A-A-20251, Group I, Type F, H, I, or J, no flavor)
- Note type and package size on quote
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
500 LB $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0056 Eggs
- Shell, whole, fresh
- U.S. Grade A, Large
- 30 Dozen per case
- Split into weekly deliveries
PSC: 8945
Line Period of Performance: 08/18/2026 - 08/31/2026
Delivery Schedule:
Delivery Address:
Federal Bureau of Prisons FCI Leavenworth
1300 METROPOLITAN AVENUE
Leavenworth, KS 66048
780 CS $________ $_________________
15B40826Q00000020 Page 16 of 31
Section 2 - Contract Clauses
2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)
When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:
(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.
(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.
(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.
(3) FAR 52.212-5.
(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.
(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.
(6) Solicitation provisions if this is a solicitation.
(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.
(8) The Standard Form 1449.
(9) Other documents, exhibits, and attachments.
(10) The specification.
(u) Unauthorized obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government
15B40826Q00000020 Page 17 of 31 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:
(i) Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.
Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).
(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.
(iii) Law and disputes. This agreement is governed by Federal law.
(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.
(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.
(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.
(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:
(1) Terms that change Government rights or obligations;
(2) Terms that increase Government prices;
(3) Terms that decrease the overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.
(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.
(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).
(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.
(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.
15B40826Q00000020 Page 18 of 31
(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:
“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.
Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.
(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.
(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”
(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.
(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.
(xiv) Confidential information.
(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision.
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