RFQ.pdf

15B41223Q00000001 Page 1 of 21

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B41223Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/15/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Greg Visser gvisser@bop.gov

b. TELEPHONE NUMBER (No collect calls)

507-424-7323

8. OFFER DUE DATE / LOCAL

TIME

11/29/2022 17:00 CT

CODE 15B412

Federal Bureau of Prisons FMC Rochester

2110 EAST CENTER STREET

Rochester, MN 55904

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 311999

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B412CODE15. DELIVER TO

Federal Bureau of Prisons FMC Rochester

2110 EAST CENTER STREET

Rochester, MN 55904

CODE 15B41216. ADMINISTERED BY

Federal Bureau of Prisons FMC Rochester

2110 EAST CENTER STREET

Rochester, MN 55904

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B412CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Rochester

2110 EAST CENTER STREET

Rochester, MN 55904

RCH-BusinessOffice-S@bop.gov

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Units to order is the amount we require. Items are to be delivered within 30 days ARO. Please note that certain frozen items will need to be delivered to our frozen storage site located at 7447 Dresser Drive NE Rochester, MN 55906.

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Gregory Visser

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41223Q00000001 Page 2 of 21

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15B41223Q00000001 Page 3 of 21

Table of Contents

Section Description Page Number

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

52.211-8 Time of Delivery (June 1997) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

4 List of Attachments 5 Solicitation Provisions

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

15B41223Q00000001 Page 4 of 21

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beans, Dry, Black Beans, Whole, U.S. Grade 1 - 3

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Pasta, Macaroni, Elbow Form, Regular. (CID A-A-20062F, Type I, Style A). Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062F, Type VIII, Class 1 of or 2, Style A, B, or C). Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Pasta, Spaghetti, Long Form, Regular. (CID A-A-20062F, Type VI, Style A). Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063D, Type I or Type II, Style B, Flour 1-5, Egg products a or b, Packaging size (5)-(8), Agricultural practice (a)). 1 lb to 40 lb sealed bags.

PSC: 8945

200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Pasta, Macaroni, Ziti Form, Regular. (CID A-A-20062F, Type XIII, Style A). Enrichment type (A). 1 lb to 40 lb sealed bags.

PSC: 8945

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Flour, All Purpose wheat flour, or Bakers Wheat Flour, Unbleached or Bleached. (CID A-A-20126H, Type I (Class 1-3), II (Class 1-2) or III (Class 1-5) VI, Style A or Style B, Protein level a-d, Packaging type 1) Size g-j, Agricultural practice i ).

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Hominy Grits, Enriched, White or Yellow, Regular, Unflavored (CID A-A-20035E, Type I or II, Style A, Flavor 1).

600 LB $________ $_________________

15B41223Q00000001 Page 5 of 21

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Peanut Butter, Regular or Reduced Fat, Smooth, Plain, Stabilized, Non-fortified, Salted or Unsalted, Conventional.

(CID A-A-20328C, Style I, Form (a) or (b), Class A or B, Texture 1, Type a, Flavor (1), Fortification i, Seasoning (a) or (b), Packaging 1 - size e or Packaging 2 - size d, Agricultural practices (1)). 2 oz Individual Packets. Specify brand name and total count per case on bid.

PSC: 8945

8,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 "Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents

(water, oil, carbohydrates) in a manner to achieve a protein content of:

– in the case of soy protein flour (SPF) 50% or more and less than 65%;

– in the case of soy protein concentrate (SPC) 65% or more and less than 90%;

– in the case of soy protein isolate (SPI) 90% or more.

The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging. Product will not contain any animal by products or ingredients."

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Shortening, Liquid (deep-fry cooking) (CID A-A 20100D, Type III).

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

PSC: 8945

30 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils.

(CID A-A-20091E, Type II, Style 1, Saturated fat level a, Agricultral practice (i)). 5 Gallon Containers or 35 lb Containers. Note size of container and case size on bid.

PSC: 8945

18 CO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 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

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case.

Margarine shall comply with all applicable Federal regulations including those contained in the Food And Drug Standard of

50 CS $________ $_________________

15B41223Q00000001 Page 6 of 21

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. Packets will be refused; must be on paper chips.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Dressing, Mayonnaise, Regular, Reduced Fat, Fat Free, or Light (CID A-A-20140E, Type I, Flavor A, Style 1, 2, 3, or 4, Agricultural practice a). 4/1 Gallon plastic containers per case. Heavy Duty Mayonnaise is acceptable.

PSC: 8945

72 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Dressing, Salad, Pourable, Lite or Light, Reduced Fat, or Fat Free, Italian flavor, Creamy Style. (CID A-A-20162B, Type II, III, or IV, Class C, Creamy Style). 4/1 Gallon plastic containers per case.

Note Type and Class on bid if not specified.

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Pimentos, Canned, as such product is defined in the Standards of Identity for Canned Pimintos (21 CFR 155.200). Pieces, Slices, Diced or Chopped. US Grade A or Grade C. State can and case size on bid.

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Vinegar, Distilled, White, 50 Grain Strength, 4/1 Gallon containers per case.

PSC: 8945

48 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry, or Strawberry.

Regular or Reduced Sugar, U.S. Grade A or equivalent. (CID A- A-20078D), Type II, kind A, B, F, M, R, S, Y, or AA, Style 1 or 2.

Finished product quality a or b. 10 gram individual portion. EACH.

Total amount may be adjusted to the next highest case count.

PSC: 8945

4,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 Syrup, Table, Regular or Light, Any flavor (CID A-A-20124E, Type V, 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. 4/1 Gallon Plastic Containers per case. State brand name and flavor on bid.

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 "Pizza, Prepared, Frozen, Cheese, Thin Crust, Mozzarella Cheese (Regular, Lite or Low-moisture part skim as indicated in 21 CFR 133.144, 133.158, and 133.113), Enriched wheat or whole wheat crust, Wedge, Rectangle, Round Individual, or Round Oversized (specify size), Individually Quick Frozen. (CID A-A-20277, Type I, Style of Pizza A, Type of Cheese 1, 2, 3, or 7, Crust a, Shape 1, cut b; Shape 2, cut b; Shape 3, cut d, e, or f; or Shape 4.)

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

5,000 EA $________ $_________________

15B41223Q00000001 Page 7 of 21 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, dimensions, & case pack." Servings between 6-7 oz

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Taco Shells, Corn, U Shaped, Enriched. (CID A-A-20143B, Type III, Style A, Shape b, Enrichment type i). Each. State case count on bid.

PSC: 8945

16,800 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, Table Ready (CID A-A-20143B, Type II, Style A, Enrichment type I). Bulk packaged.

PSC: 8945

300 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans or Pouches per case. State can or pouch on bid.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can/pouch. 6/#10 cans or pouches per case. State can or pouch on bid.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C.

As defined in Food and Drug Standard of Identity 21 CFR 155.120.

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

PSC: 8945

112 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0028 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.

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

PSC: 8945

156 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug Standard of Identity 21 CFR 155.130.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case or 6/75 oz vac-pack cans per case.

State type of can or pouch on bid.

56 CS $________ $_________________

15B41223Q00000001 Page 8 of 21

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0031 Vegetable, Potatoes, White, Dehydrated, Mashed, Granules or Flakes without or with peel. (CID A-A-20032G, Type II, Style A, B, or C). Product label must have rehydration instructions and yield amounts. Bulk packed by the pound.

Indicate case/bag size on bid

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0032 Vegetable, Spinach, Cut leaf or Sliced, Chopped, U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

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

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0033 Fruit, Fruit Cocktail, Canned, U.S. Grade A, B, or U.S. Fancy, Standard of Identity contained in 21 CFR 27.40 and 27.43.

Proportion of Fruit ingredients shall contain Peaches (30%), Pears (25%), Grapes (6%), Pineapple (6%), and Cherries (2%).

Packed in light syrup, lightly sweetened fruit juice and water, lightly sweetened fruit juice, slightly sweetened water, extra light syrup, slightly sweetened fruit juice and water, slightly sweetened fruit juice, or in water. 6/#10 cans per case. State what type on bid.

PSC: 8945

56 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0034 Sauce, Soy, Fermented or Fermented, Reduced Sodium. (CID A- A-20087D, Type I or IV), 4/1 Gallon plastic containers per case.

State brand name on bid.

PSC: 8945

24 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0035 Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), Packed in Water, Salt/Sodium Level Regular, No Salt Added, Very Low Sodium, or Low Sodium. (CID A-A-20155D

Type A or B, Form I, Color A or B, Packing Media 1, Salt/Sodium 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 vegetable broth. Quote must specify size and packing of case and if quoting on 6/#10 cans or 6/43 oz pouches.

PSC: 8945

50 CS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0036 Spices, Salt, Food Grade or Table, Iodized. Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

Product may contain an Anti-Caking Agent. Bulk. Specify package size on bid. Note price by the pound.

PSC: 8945

100 LB $________ $_________________

15B41223Q00000001 Page 9 of 21

0037 Meats, Beef Roast, Beef Top or Bottom Round (Gooseneck),or Strip Loin, Boneless. IMPS 168, 169, 169A, 170, 170A, 171B, 180.

Frozen, weight range approximately 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

Must be delivered to contracted freezer.

PSC: 8945

4,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0038 Meats, Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, Frozen, U.S. Grade A. Broiler Leg, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service

(AMS) 70.200 et seq, Unbreaded. "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 10 ounce and not to exceed 20 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. Delivered to contracted freezer.

PSC: 8945

10,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0039 Meats, Fish Fillets, 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, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. (Grade Standards are separate for Cod, Flounder, Sole, 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 bid

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0040 Meats, Fish Fillets, Raw, Breaded, Individually Quick Frozen, Unglazed, Skin-off (skinless), Practically boneless fillet. U.S.

Grade A or B (per Grades of Frozen Raw Breaded Fish Portions).

Acceptable types include Tilapia, Cod, Haddock, Hake, Flounder, Sole, Turbot, Plaice, or Halibut. Frozen raw breaded portions are clean, wholesome, uniformly shaped, unglazed masses of cohering pieces (not ground) of fish flesh coated with breading and contain not less than 75 percent, by weight, of fish flesh. Fish portion must meet weight requirements when thawed and drained, Must specify if block cut or not block cut on bid. Note type and size on bid. 4 to 7 oz. Delivered to contracted freezer.

PSC: 8945

2,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0041 Meats, Italian Sausage, Pork , Pork and Turkey (pork is predominant) or Pork and Chicken (pork is predominant), Sweet, Links.

Italian sausage is a fresh, uncooked, linked product. The meat components shall be chopped or ground to a moderately course texture. The sausage itself (or interior cut surface of links) is moderately coarse in texture with a uniform color ranging from medium to dark reddish-brown with evenly distributed fat particles.

The links shall be in a natural hog or collagen casing 5 to 6 inches in length. Links shall be moderately uniform in length and diameter. IMPS 818, Italian Sausage, Formula D, P2, or P3, Flavoring B, Type E. Product will be delivered frozen. Product will not contain SOY. Product will not be spicy. Delivered to contracted freezer.

1,000 LB $________ $_________________

15B41223Q00000001 Page 10 of 21

0042 Meats, Pork Roast, Pork Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Paper Wrapping, Weight Range A or B, 4 to 10 lb. Quote MUST indicate average roast weight of quoted item. Delivered to contracted freezer.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0043 Meats, Turkey, Ground, Raw, (Not Mechanically Separated), Bulk, Frozen, (CID A-A-20300, Type I, Type of turkey meat B & C, Style I, Package type a), b), or c), Fat content a, b, c, or d). Fat content may not exceed 15%, Product must be in sealed bags.

No open bags or packaging. Delivered cases must be labeled with fat content. Manufacturer’s letters will NOT be accepted in lieu of labeling. Products produced or labeled with any phrase related to “under religious exemption” will be refused. Delivered to contracted freezer.

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0044 Meats,Turkey, 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 lb each) or whole muscle thigh meat (4-5 6 lb each). Skin (Maximum) 12.5%. Packaging shall be neat and attractive. Products produced or labeled with any phrase related to “under religious exemption” will be refused.

Delivered to contracted freezer.

PSC: 8945

3,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0045 Cheese, Sliced, (Real Cheese, Not Imitation), As specified in the Code of Federal Regulations, TITLE 21, CHAPTER I, SUBCHAPTER B, PART 133 -- CHEESES AND RELATED

CHEESE PRODUCTS

Subpart B, 133.173 ,One of the following cheeses, (To be determined by the FSA), Pasteurized Process Cheese American, Cheddar, Provolone, Swiss, Colby, or Monterey Jack . Each of the ingredients used in the food shall be declared on the label.

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

Deliver to contracted freezer.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0046 Cheese, Cheddar, U.S. Grade AA or A, CID-A-A-20208C, Type I - Cheddar cheese (21 Code of Federal Regulations (CFR) §133.113)

Style A, B, D , K (loaf, shredded coarse), Shred size 1, 2, or 3, Agricultural practice (a). “Cheddar cheese” is cheese made by the cheddaring process or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced by the cheddar process and is made from cow's milk with or without the addition of coloring matter and with common salt, contains not more than 39 percent of moisture, and in the water-free substance, contains not less than 50 percent of milk fat and conforms to the provisions of §19.500, “Definitions and Standards of Identity for Cheese and Cheese Products.” Food and Drug Administration (21 CFR 133.113). Manufacturer’s letters will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 lb to 40 lb sealed Bags or containers. Deliver to contracted freezer.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0047 Cheese, Mozzarella, Low-moisture Mozzarella, Part-skim Mozzarella, Low-moisture Part-skim Mozzarella.

1,000 LB $________ $_________________

15B41223Q00000001 Page 11 of 21

(CID-A-A-20248C) The mozzarella cheese must conform to the following list. Type I, II, III, or IV. Style A - Block (loaf), frozen, Style B - Shredded, individually quick frozen (IQF) or Style J - Sliced or Diced forms. Shred size 1,2, or 3. Agricultrual practice

a. Milk fat range between 30.0 to 45.0 to 60.0 % on a dry basis depending on type. Moisture content range between 45.0 to 60.0 % depending on type. All ingredients must be declared by their common or usual name in descending order of predominance by weight. Manufacturer’s letters will NOT be accepted in lieu of labeling. Type and Style to be determined locally and size noted on bid. Packaging of Primary Container: 5 lb to 40 lb sealed Bags or containers. Deliver to contracted freezer.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0048 Eggs, Pasteurized, Liquid, Frozen. Specify case size on bid.

PSC: 8945

5,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0049 Blueberry cake mix, just add water, 50 lb bag.

PSC: 8945

1,200 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0050 Coffee cake mix, just add water, 50 lb bag.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0051 Brownie mix, just add water, 50 lb bag.

PSC: 8945

500 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0052 Coffee, ground. Medium roast.

PSC: 8945

1,000 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0053 "Kosher Parve - 14 ounce Fish Fillet Meal consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle fillet block flounder, cod, tilapia: or other white fish flesh fillet (not Breaded)

- 2 ounce-weight Tomato Sauce

- 4 ounce-weight White Rice

- 4 ounce-weight Mature Lima Beans"

PSC: 8945

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0054 "Kosher Meat - 18 Ounce Beans and Franks Meal consisting of:

- 4 ounce Beef Franks or Cocktail Franks no artificial colors,

- 8 ounce-weight Vegetarian Beans w/Tomato Sauce

- 6 ounce-weight Diced Potatoes

- The finished product of the Beef Frank may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

12 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0055 "Kosher Meat - 16 ounce Chicken Wing Meal consisting of:

-5 ounce weight – Bone-in Chicken Wings

- 2 ounce weight – BBQ Sauce

- 5 ounce weight – Mashed Potato

12 EA $________ $_________________

15B41223Q00000001 Page 12 of 21

- 4 ounce weight – Mixed Vegetables

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0056 "Kosher Meat - 20 Ounce Chicken Chow Mein Meal consisting of:

Chicken Chow Mein entre made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer)

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

PSC: 8945

36 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0057 "Kosher Meat - 16 Ounce Meatloaf Meal consisting of:

- 4 ounce-weight Meatloaf (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables

- The finished product of the Meatloaf may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name.

PSC: 8945

12 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0058 "Kosher Meat - 15 Ounce Hawaiian Meatballs with Rice Meal consisting of:

- 4 ounce weight – Cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 2 ounce weight – Sweet Hawaiian Sauce

- 5 ounce weight – Cooked White Rice

- 4 ounce weight – Green Beans

PSC: 8945

12 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0059 "Kosher Meat - 20 Ounce Spaghetti and Meatballs Meal consisting of:

- 4 ounce-weight cooked Beef Meatballs (made with ground beef with not more than: 20% fat; 20% added ingredients)

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas

- The finished product of the Meatball may not contain more than 3.5% of a non-dairy/non-meat binders and extenders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name."

PSC: 8945

12 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0060 Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Shelf Stable may be 1-4 oz slice) Wrapped in Sealed Plastic. *Each individual package must be marked with the kosher certification hechsher.

PSC: 8945

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0061 Kosher Cereal, Sweet Type, Any Style, and any grain composition.

(CID A-A-20000D, Any Type, Any Class, Any Grain Composition).

.81 oz to 2 oz individual package. EACH.

3,000 EA $________ $_________________

15B41223Q00000001 Page 13 of 21

Total amount may be adjusted to the next highest case count.

*Each individual package must be marked with the kosher certification hechsher. Must state package size on bid.

PSC: 8945

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0062 Kosher Oatmeal, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count.

PSC: 8945

2,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0063 Kosher Farina, Instant, Plain, Individual Packet. EACH. 1 ounce Package. Total amount may be adjusted to the next highest case count.

PSC: 8945

3,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0064 Kosher Potato Chips, Individual Package. EACH. 1 Ounce Sealed Individual Package, Certified Kosher Parve, See Delivery Schedule.

*Each individual package must be marked with the kosher certification hechsher. Total amount may be adjusted to the next highest case count.

PSC: 8945

360 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0065 Kosher Dressing, Salad, Mayo Style, Individual Packet. EACH.

9 Gram, Certified Kosher Parve, CID A-A-20140D, Type II, Style A. *Each individual package must be marked with the kosher certification hechsher.

Total amount may be adjusted to the next highest case count.

PSC: 8945

10,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0066 Kosher Tomato Catsup, Individual Packet. EACH. 7 Gram - 9 Gram, Certified Kosher Parve, U.S. Grade A, U.S. Standards for Grades. *Each individual package must be marked with the kosher certification hechsher.

Specify packet size on bid. Total amount may be adjusted to the next highest case count.

PSC: 8945

15,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0067 Kosher Mustard, Prepared, Yellow (Salad Style), Individual Packet.

EACH. 4.5 Gram - 9 Gram Packet, Certified Kosher Parve, CID A- A20036C, Type I.

*Each individual package must be marked with the kosher certification hechsher. Specify packet size on bid. Total amount may be adjusted to the next highest case count.

PSC: 8945

15,000 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0068 Kosher Jelly, Fruit, Standardized, Variety, Apple, Apricot, Cherry, Grape, Orange, Peach, Raspberry or Strawberry. Regular or reduced sugar, U.S. Grade A or equivalent.

(CID A-A-20078D), Type II, kind A ,B, F, M, R, S, Y, or AA, Style 1 or 2. Finished product quality a or b. 10 gram individual portion.

EACH. Total amount may be adjusted to the next highest case count. *Each individual package must be marked with the kosher certification hechsher.

8,000 EA $________ $_________________

15B41223Q00000001 Page 14 of 21

0069 Kosher Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets EACH.

Total amount may be adjusted to the next highest case count.

Certified Kosher. *Each individual package must be marked with the kosher certification hechsher.

200,000 EA $________ $_________________

15B41223Q00000001 Page 15 of 21

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

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

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

15B41223Q00000001 Page 16 of 21

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

15B41223Q00000001 Page 17 of 21 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

15B41223Q00000001 Page 18 of 21

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

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

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

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

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