RFQP02061400009_Meat_3rd_QTR_FY14_Fort_Dix.pdf

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER

FCI FORT

BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640

RFQP02061400009 Page 1 of 17

OTHER

(See Schedule)

Federal Bureau of Prisons

~K~ev~i=n~B=in=d=u=s~kx~b=in=d=us~~~b~op~·~go=v----------~~--~~--~--~~~~~~~-------i b. STREET ADDRESS

--':":":"::-:::-------------..::.;_y.::;.~~~+-------------1 FCI Fort Dix

a. NAME FOOD SERVICE WAREHOUSE

-~~~~~----------------~------~--------------------~BLDG5805HARTFORDST.

c. ADDRESS PATRICK CROKER

d. CITY

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

FCIFORTDIX3RDQTRMEATFY 14

ALL ITEMS MUST BE DELIVERED NO

EARLIER THAN APRIL I, 2014, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICATIONS.

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

b. STREET

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

(0) 6097231100 X1243

c. CITY

FORTDIX

e. ZIP CODE

08640 i and quotations furnished are not offers. If you are unable to quote, please it to the address in Block 5a. This request does not commit the Government to pay nr"'"''"'tinn of the submission of this quotation or to contract for supplies or service. Supplies indicated by quoter. Any representations and/or certifications attached to this by the quoter.

0.00

15. DATE OF

QUOTATION

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

RFQP02061400009 Page 2 of 17

Section 2 - Commodity or Services Schedule

SCHEDULE C F SUPPLIES/SERVICES

em TINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef, Ground, Regular Grind, 80% Lean, USDA Standa ground beef per 9 CFR 319.15, delivered Frozen, d for 20,000.000000 LB $ $

Ground Beef shall consist of chopped fresh and/or froz n beef without seasoning and without the addition of beef fat a such, shall not contain more than 20 percent fat, and shall not con! ~in added water, phosphates, binders, or extenders. When beef c eek meat ~trimmed beef cheeks) is used in the pre~aration of ~ro nd beef, he amount of such cheek meat shall be imited to 2 pE rcent; (NO

ORGAN OR TONGUE MEAT) Delivered cases must ~e labeled with in~redients and fa~ercenta~e. PRODUCT MUST EIN

SEAL D BAGS, NO 0 EN BAG OR PACKAGING.

0002 Beef, Ground, Patties, 4 oz, IMPS 1136, Frozen, 80% L ean, 13,000.000000 LB $ $ Frozen, Round in Shape, with Paper Seraration or lndi idually Quick Frozen, Ground Beef Patties shal consist of cho~ ped fresh and/or frozen beef without seasoning and without the addition of beef fat a such, shall not contain more than 20 percent fat, and shall not con! in added water, phosphates, binders, or extenders. When beef ct eek meat (trimmed beef cheeks) is used in the pre~aration of ~rm nd beef, the amount of such cheek meat shall be imited to 2 pe rcent; and i in excess of natural proportions, its presence shall be d dared on the label, in the in~redient statement Delivered cases m ~st be labeled with ingre ients and fat percentage.

0003 Raw Beef Roast, Beef Round, Top or Bottom (Goosene !?_~,IMPS 35,000.000000 LB $ $ 168, 170, 170A, 171, 171A, 171B Frozen, weight range 121 lb and down. Quote MUST indicate actual IMPS & average roa ~~weight of quoted item.

0004 Chicken, Boneless, Skinless, Raw, White Meat {Tender or Breast 20,000.000000 LB $ $ Meat), Frozen, A or B quali»; per the USDA, Umted Stat es Classes, Standards and Grades for oultry Agricultural Marketin~ Service

(AMS) 70.200 et seq. Boneless, skinless breasts music~ e free of cartila~e and fat. Boneless breasts (excluding the attac ed tende oin) must be free of tendons. Tendons normally a ssociated with tenderloins are rermitted. Tenderloins or boneless, tin less ftarts must be free o blood clots, bruises, cuts, tears, an holes in he muscle tissue. Slight discolorations and separation c f the muscle tissue is perm1tted on boneless, skinless~arts •• ~ rovided it does not detract from the appearance of the pro uct. Be neless, skinless parts may be diced. The dicing process must re ~ult in size-reduced port1ons of meat that are 1ntact, not mutilat ~d. and with surfaces relatively smooth in appearance. lndividua size-reduced portions of meat must be relatively unifo~1 in size and shape, and consistent with the size reduction process. o Solution or Ingredients Added, Un-breaded. Packed in poly bag oxes. All packaging and packing materials must be clean and in r ew condibon.

0005 Chicken, Whole Chicken Tenders, Clipped, Breaded PrE -Fried or 4,000.000000 LB $ $ oven ready, Frozen, 1.5 to 2.5 oz. Target weight. Chicke n products must be prepared in accordance with good commercial ractice (21

CFR Part 110). Chicken products must meet the re~ire nents of FSIS regulations, Packed in poly ba9 boxes. All pac agi g and packing materials must be clean an in new condition

0006 Chicken, Leg Quarter, Raw ReaWc to Cook, Frozen, U.S Grade A, 120,000.000000 LB $ $ U.S. Standards, and Grades for oultry, Un-breaded. "L ~quarter" consists of a poultry thigh and drumstick, with a portion c the back attached. Delivered amounts are to be uniform in p P.rtion size and not random sizing. Quotes must identify portion size being offered. Leg Quarter portion size not to be smaller than 2 ounces and not to exceed 20 ounces. Packed in poly bag boxes All packaging and packing materials must be clean and in n ~w condillon.

3 DELIVERIES REQUIRED 40,000 LBS THE FIRST WE EKOF

APRIL, MAY, AND JUNE.

0007 Chicken Pa~, Breaded, All White Meat, (Not Mechanic~ lly 5,000.000000 LB $ $ Separated, omminuted Meat) Breading set in vegetabl oil, Weight Ran~e: 3.5 to 4.2 oz. Individually Quick Frozen, niform in shape, CID -A-

20276A, St61e A & B, Meat bWhole muscle or Chunked c nd formed, 1/2 inch cu e or greater (9 FR § 381.171 (f))) Ty pe b (100 percent white meat~. Combined breadinJ and added ing edients may not exceed 30 Yo by weight, finishe meat product IT ay not

RFQP02061400009 Page 3 of 17 contain more than 3.5% non-meat binders and extender s (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolate soy protein may be used, but must be shown in the ingredie n statement on the product's label by its common name. A II ingredients in the product must be listed in the in~redien t statement in order of predominance, from h~hes to low e t amounts in accordance with the USDA Foo Safety lnsp ction Service (FSIS) Food Standards and Labeling Policy.

0008 Pork Roast, Pork, Shoulder, Boston Butt, Boneless, Raw IMPS 25,000.000000 LB $ $ 406A, Frozen, No Solution or Ingredients Added, No P~ r Wrapping, Weight Ran~e A orB, 4 to 8 lb, Quote MUS i dicate average roast weight o quoted item

0009 Pork Loin Chops, Bone in Bladeless, IMPS# 141 OB, Fr o en, 2,500.000000 LB $ $ Chops are prepared from Item No. 411, No Mis-cuts, No njection or solution, 5 oz. Target Portions

0010 Fish, Fillets, Raw, \Practica~ Boneles~, White meat tis such as: 8,000.000000 LB $ $ Pollack, Whiting, Founder, ole, Cod, ilapia, Etc. lndiv i ually Quick Frozen or Shatter Pack, 100% net weight, No wat r added or

~aze weight, Fish portion must meet weight requiremen when awed and drained, Delivered cases must be labeled 1 0% net wei~ht.~Skin on) or (Skin off-Skinlessl, Grade A orB Ba ed on the Uni ed tales Standards for Grades o Fish Fillets, 100% fish, Quote MUST indicate if quoted item is (skin-on) or (skin-

oz. Solid Fillets ff), 4 to 6

0011 Fish, Oven Ready, Breaded, Frozen, Cut from solid mus le or fillet 10,000.000000 LB $ $ block, White meat fish such as but not limited to: Pollack Whiti';fl, Flounder, Sole, Cod, Tilapia, Etc., Not Minced. Oven Re dy Po ion

Wei~ht 4 oz. Rectan~le Shape, Meets the Requirements of Grade A (6 %by Weight o Fish Flesh) U.S. Standards for Gra es Frozen Fned Fish Portions, Crumb Coated Breadin~, CID A-A-2 325, Fish Sflecies Ill, Style A, Form B, Type 2, Oven ead1 Weig t C, Shape ( ), Fried Fish Type B, ComJ'osition A, Coating ( ), Allin redients in the product must be liste in the in~redients statemen in order of wedominance, from highest to lowes amounts in accor ance with he USDA Food SafelY lns~ection Service (FSIS) Food tandards and Labeling Policy. oz. ortions

0012 Hotdo~s, Turkey or Chicken, or combination of, Skinles Cooked, 2,500.000000 LB $ $ 10 Ho dogs per lb, finished r,roducts may not contain m re than 30% fat or no more than 10 Yo water, or a combination o 40% fat and added water, finished product may not contain more than 3.5% non-meat binders and extenders ~such as nonfat dry milk, cereal, r dried whole milk) or 2% isola ed soy protein may be used, but must be shown in the ingredients statement on the product's lab l~its common name. All inpredients in the fcroduct must be li e in the ingredients statemen in order of pre ominance, from hi hest to lowest amounts in accordance with the USDA Food Saf ~olicy Inspection Service (FSIS) Food Standards and Labeling

0013 Kielbasa, Polish Sausage, Beef, Turkey or Chicken- (o 4,000.000000 LB $ $ combination of), 4 oz. Link, 4 oz. Rope cuts or bulk Rop Link, Artificial or non-pork collagen casing, Fully Cooked, Fro en, finished products may not contain more than 3.5% non-meat binders and exte ders (such as nonfat dry milk, cereal, or dried whole milk) or 2% is lated soy protein may be used, but must be shown in the ingredie ts statement on the product's label by its common name. II ingredients in the product must be listed in the in~redie ts statement in order of predominance, from h~hes to lo est amounts in accordance with the USDA Foo Safety Ins ection Service (FSIS) Food Standards and Labeling Policy.

0014 Breakfast Sausa~e, Beef, Turkey or Chicken,(or combi ation of), 8, 000.000000 LB $ $ Frozen, (No mec anically separated, Comminuted mea ), finished products may not contain more than 3.5% non-meat bi ers and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be s own in the in~redients statement on the product's label by its com on name.

AI ingredients in the product must be listed in the ingre ients statement in order of predominance, from h~hest to lo est amounts in accordance with the USDA Foo Safety Ins ection Service {_FSIS) Food Standards and Labeling Policy. 2 z. Patties or 2 oz. inks (Bidder must specify patty or link)

0015 Bologna, Turkey and or Chicken, Artificial Casing 4" to "Diameter, 2,500.000000 LB $ $ Frozen, Finished products may not contain more than %fat or no more than 10% water, or a combination of 40% fat and dded wate

Finished product may not contain more than 3.5% non- eat binders and extenders ~such as nonfat dry milk, cereal, or dried whole milk) or 2% isola ed soy protein may be used, b must be shown in the ingredients statement on the product's Ia l~its common name. All inpredients in the fcroduct must be li te in the ingredients statemen in order of pre ominance, from h ghest to lowest amounts in accordance with the USDA Food Sa ety

RFQP02061400009 Page 4 of 17

Inspection Service (FSIS) Food Standards and Labeling olicy.

0016 Salami, Turkey and or Chicken Artificial Casing 3.5" - 4. 5 2,500.000000 LB $ $ Diameter, Frozen, No Organ Meat, finished product may ot contain more than 3.5% non-meat binders and extender s (such as nonfat dry milk, cereal, or dried whole milk} or 2% isolated so~ erotein ml ft be used, but must be shown in the ingredients s a ement o n he product's label by its common name. All ingredients in th product must be listed in the ingredients statement 1n order of predominance, from highest to lowest amounts in accor~ nee with the USDA Food Safety Inspection Service (FSIS) Food andards and Labeling Policy.

0017 Meat Ball, Beef and Turkel. or Chicken, 1 oz., Fully Coo k~d. 5,000.000000 LB $ $ Frozen, No More than 20°o Added Ingredients, No Orgar Meat, finished product may not contain more than 3.5% non-m at binders and extenders (such as nonfat d~ milk, cereal, or dried whol milk) or 2% isolated so~ protein may e used, but must be showr in the in~redients sta ement on the product's label by its comm n name, AI ingredients in the product must be listed in the ingred i~nts statement in order of predominance, from h~hest to low st amounts in accordance with the USDA Foo Safety lnsp ~ction Service (FSIS} Food Standards and Labeling Policy

0018 Burritos, Prepared, Frozen, Beef and Bean w/ red or gre n chilies, 8,640.000000 LB $ $ Oven Ready, 5-6 Oz, CID A-A-20292, Type II, Flavor B & E, The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends. Th shall have the characteristic color for the flavor of burrito filling There shall be no foreign color to the product.

RFQP02061400009 Page 5 of 17

Section 3 - Contract Clauses

RFQP02061400009 Page 6 of 17 rvlause [Title

~2.232-25 Prompt Payment (Oct 2008)

~2.232-17 Interest (Oct 2008)

152.232-11 !Extras (Apr 1984)

~2.232-1 !Payments (Apr 1984)

~2.228-4 ~orkers' Compensation and War-Haz rd Insurance Overseas (Apr 1984)

152.225-13 Restrictions on Certain Foreign Purch ses (June 2008)

152.223-2 Affirmative Procurement of Biobased roducts Under Service and Construction Contracts. (Dec 2007)

~2.222-50 Combating Trafficking in Persons (Fe 2009)

~2.222-1 Notice to the Government of Labor Di pules (Feb 1997)

152.216-20 !Definite Quantity (Oct 1995)

~2.216-19 Order Limitations (Oct 1995)

~2.216-18 Ordering (Oct 1995)

~2.211-11 iquidated Damages-Supplies, Servi es, or Research and Development (Sept 2000)

152.208-9 !Contractor Use of Mandatory Source of Supply or Services (Oct 2008)

152.204-7 !Central Contractor Registration (Apr 008)

~2.204-2 !security Requirements (Aug 1996)

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this ~on tract will not be accepted unless the variation has been caused by con ditions of loading, shipping, or packing, or allowances in m nufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to 3. * (End of clause)

* Contracting Officer shall insert in the blank the designatic n(s) to which the percentages apply, such as- ( 1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

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

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

(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written or er to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days afte the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specificall\ identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the period t>f work stoppage. Within a period of 90 days after a stop-work is delivered

RFQP02061400009 Page 7 of 17 to the Contractor, or within any extension of that period to w ich the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

{2) Terminate the work covered by the order as provided in t e Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled r the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an e itable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time req ired for, or in the Contractor's cost properly allocable to, the perform ance of any part of this contract; and

{2) The Contractor asserts its right to the adjustment within 0 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the C ntracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

{c) If a stop-work order is not canceled and the work covere by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting fr m the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covere by the order is terminated for default, the Contracting Officer shall al low, by equitable adjustment or otherwise, reasonable costs esulting from the stop-work order.

(End of clause)

FA0-0015 Inspecting The Site

[EMPTY CLAUSE TEXT]

F A0-0024 Business Management Questionnaire

[EMPTY CLAUSE TEXT]

52.232-29 Terms for Financing of Purchases ofCommerci I Items (Feb 2002)

(a) Contractor entitlement to financing payments. The Con actor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the p yment requested is properly due in accordance with this contract; the sup plies deliverable or services due under the contract will be livered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security nder this contract.

(b) Special terms regarding termination for cause. If this c tract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financ' g payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the cia seat 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Security for Government financing. In the event the Con ractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon eceipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, i accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the securi provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer etermines necessary. In the event the Contractor fails to provide such ad ditional security, the Contracting Officer may collect or liq idate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Gov rnment the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under t is clause shall-

{i) Excuse the Contractor from performance of obligations nder this contract; or

(ii) Constitute a waiver of any of the rights or remedies oft e parties under the contract.

{2) The Government's rights and remedies under this claus -

RFQP02061400009 Page 8 of 17

(i) Shall not be exclusive, but rather shall be in addition to an other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exerc se of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise u der this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's request for financing payment. T e Contractor's request for financing payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contra tor order under which the request is made; and

( 4) An appropriately itemized and totaled statement of the fi ancing payments requested and such other information as is necessary for computation of the payment, prepared in accordance wit the direction of the Contracting Officer.

(f) Limitation on frequency of financing payments. Contract r financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a con act financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office ill pay approved payment requests within 30 days of submittal of a prop er request for payment.

(h) Conflict between terms of offeror and clause. In the even of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount of payments and limitations on payments. Subje t to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on ayments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. Th Contractor may submit requests for payment of performance-based pay ments not more frequently than monthly, in a form and man er acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in ny period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Cont actor's request shall contain the information and certification detailed in paragraphs (I) and (m) ofthis clause.

(c) Approval and payment ofrequests.(l) The Contractor sh ll not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or perform ce criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion r which payment is requested has been successfully accomplished in ac cordance with the terms of the contract. The Contracting 0 1cer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which h s been or is represented as being payable.

(2) A payment under this performance-based payment claus is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions o the Prompt Payment Act. The designated payment office will pay ap proved requests on the [Contracting Officer insert day as pr scribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the desig ated payment office. However, the designated payment office is notre quired to provide payment if the Contracting Officer requir s substantiation as provided in paragraph (c)( 1) of this clause, or inquires into the status of an event or performance criterion, or into ny of the conditions listed in paragraph (e) of this clause, or into the Con tractor certification. The payment period will not begin unti the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from perfo ance of obligations under this contract.

(d) Liquidation of performance-based payments.(!) Perfo ance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designate dollar amount from the delivery payment. If the performance-based fin ance payments are on a delivery item basis, the liquidation mount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based fin nee payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation per centage.

RFQP02061400009 Page 9 of 17

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the ontracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after a ustment of invoice payments and balances for any retroactive price ad justments.

(e) Reduction or suspension of performance-based payments The Contracting Officer may reduce or suspend performance-based pay ments, liquidate performance-based payments by deduction om any payment under the contract, or take a combination of these ac tions after finding upon substantial evidence any of the folio ing conditions:

(I) The Contractor failed to comply with any material requir ment of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contra tor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontr ctor or supplier under this contract in the ordinary course of business.

(t) Title. (1) Title to the property described in this paragraph (t) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contr ct, for property acquired or produced before that date. Otherwise, vestit ure shall occur when the property is or should have been all cable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the foil wing described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contractu der sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the overnment is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, olds, patterns, taps, gauges, test equipment and other similar manufactur ing aids, title to which would not be obtained as special tool ng under paragraph (t)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contract or subcontractors are required to deliver them to the Government by oth er clauses of this contract.

(3) Although title to property is in the Government under th s clause, other applicable clauses of this contract (e.g., the termina tion clauses) shall determine the handling and disposition o the property.

(4) The Contractor may sell any scrap resulting from produ tion under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the value f the property to which the Government has title under this clause is re ported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose ofprope to which title is vested in the Government under this clause, the Contract or shall obtain the Contracting Officer's advance approval o the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall e deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performanc ), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

( 6) When the Contractor completes all of the obligations un er this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proc eds thereof) not--

(i) Delivered to, and accepted by, the Government under th' contract; or

(ii) Incorporated in supplies delivered to, and accepted by, e Government under this contract and to which title is vested in the Gov ernment under this clause.

(7) The terms of this contract concerning liability for Gove ment-furnished property shall not apply to property to which the Govern ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the G vernment, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except o the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of payment ( he events or performance criteria) to which the property is related shall be

RFQP02061400009 Page 10 of 17 deemed to be not in compliance with the terms of the contrac and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-base payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain reco ds and controls adequate for administration of this clause. The Contract or shall have no entitlement to performance-based payments uring any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of th s clause.

(i) Reports and Government access. The Contractor shall pr ent information requested by the Contracting Officer for the terion prompting a financing payment has been successfully portunity to examine and verify the Contractor's records and administration of this clause.

ptly furnish reports, certificates, financial statements, and other pertin dministration of this clause and to determine that an event or other cri ccomplished. The Contractor shall give the Government reasonable op o examine and verify the Contractor's performance of this contract for

(j) Special terms regarding default. If this contract is termin ted under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance- ased payments, and (2) title shall vest in the Contractor, on full liquida tion of all performance-based payments, for all property for hich the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for n payment except as provided by the Default clause.

(k) Reservation of rights. (1) No payment or vesting of title nder this clause shall--

(i) Excuse the Contractor from performance of obligations u der this contract; or

(ii) Constitute a waiver of any of the rights or remedies ofth parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to a y other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exer ise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise u der this clause or the exercise of any other right, power, or privilege of the Government.

(I) Content of Contractor's request for performance-based p yment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contra tor order under which the request is made;

(4) Such information and documentation as is required by th contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bin the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in par graph (1)(5) of this clause, the Contractor shall make the following certi fication in each request for performance-based payment:

I certify to the best of my knowledge and belief that--

( 1) This request for performance-based payment is true and orrect; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contra t and the instructions of the Contracting Officer;

(2) (Except as reported in writing on , all ayments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary co rse of business;

(3) There are no encumbrances (except as reported in writin on against the property acquired or produced for, and allocated or properly chargeable to, the contract which woul affect or impair the Government's title;

(4) There has been no materially adverse change in the tina cial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information date ; and

(5) After the making of this requested performance-based p yment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not xceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

RFQP02061400009 Page 11 of 17

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re quest, the Contracting Officer will make their full text availa !e. Also, the full text of a clause may be accessed electronically at this I these address( es):

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Ac uisition Regulation ( 48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any . ( 48 CFR [insert regulation name]) clause with an author-ized deviation is indicated by the addition of (DEVIATION after the name of the regulation.

(End of clause)

RFQP02061400009 Page 12 of 17

Section 4 - List of Attachments

This Section Is Inte1 tionally Left Blank

Section 5 - Solicitation Provisions

Provisions By Full Text

52.204-8 Annual and Certifications

(2) The small business size standard is [insert size

(3) The small business size standard for a concern which tract, but which proposes to furnish a product which it did

(b){l) lfthe clause at 52.204-7, Central Contractor

RFQP02061400009 Page 13 of 17 code for this acquisition is [insert NAICS code].

an offer in its own name, other than on a construction or service con itself manufacture, is 500 employees.

is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this ~u''""""''l"'• and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The shall indicate which option applies by checking one of the following boxes:

_ {i) Paragraph (d) applies.

_ (ii) Paragraph {d) does not apply and the offeror has cornPJiete:o the individual representations and certifications in the solicitation.

(c)(l) The following representations or certifications in are applicable to this solicitation as indicated:

RFQP02061400009 Page 14 of 17

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is conte plated, unless--

(A) The acquisition is to be made under the simplified acqui "tion procedures in Part 13;

(B) The solicitation is a request for technical proposals unde two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are et by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Paym nts to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applie to solicitations that do not include the clause at 52.204-7, Central Con tractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small usiness). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United St tes or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matter . This provision applies to solicitations where the contract value is expec ted to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This rovision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Gov ernment.

(viii) 52.219-1, Small Business Program Representations (B sic & Alternate I). This provision applies to solicitations when the con tract will be performed in the United States or its outlying a eas.

(A) The basic provision applies when the solicitations are is ued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitation issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to so icitations when contracting by sealed bidding and the contract will be per formed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provi ion applies to solicitations, other than those for construction, when the so licitation includes the clause at 52.222-26, Equal Opportuni .

(xii) 52.222-38, Compliance with Veterans' Employment R porting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified ac uisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provis on applies to solicitations that require the delivery or specify the use of USDA--designated items; or include the clause at 52.223-2 Affirmative Procurement ofBiobased Products Under Service and Con struction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This pro ·sion applies to solicitations that are for, or specify the use of, EPA -designated items.

(xv) 52.225-2, Buy American Act Certificate. This provisi applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreement --Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 5 .225-3.

(A) If the acquisition value is less than $25,000, the basic p ovision applies.

(B) If the acquisition value is $25,000 or more but is less t an $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less t an $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provis on applies to solicitations containing the clause at 52.225-5.

RFQP02061400009 Page 15 of 17

(xviii) 52.225-20, Prohibition on Conducting Restricted Busi ess Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and inority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services o the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitat ons that contain the clause at 52.219-23, Notice ofPrice Evaluation Ad justment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated b the Contracting Officer:

[Contracting Officer check as appropriate.}

_ (i) 52.219-19, Small Business Concern Representation fo the Small Business Competitiveness Demonstration Program.

_ (ii) 52.219-21, Small Business Size Representation forT geted Industry Categories Under the Small Business Competitiveness Demonstration Program.

_(iii) 52.219-22, Small Disadvantaged Business Status.

_(A) Basic.

_(B) Alternate I.

_ (iv) 52.222-18, Certification Regarding Knowledge ofC ild Labor for Listed End Products.

_ (v) 52.222-48, Exemption from Application of the Servic Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

_(vi) 52.222-52, Exemption from Application of the Servi e Contract Act to Contracts for Certain Services--Certification.

_(vii) 52.223-9, with its Alternate I, Estimate ofPercentag of Recovered Material Content for EPA--Designated Products (Alternate I only).

_(viii) 52.223-13, Certification of Toxic Chemical Releas Reporting.

_ (ix) 52.227-6, Royalty Information.

_(A) Basic.

_ (B) Alternate I.

_ (x) 52.227-15, Representation of Limited Rights Data an Restricted Computer Software.

(d) The offeror has completed the annual representations an certifications electronically via the Online Representations and Certifica tions Application (ORCA) website at http://orca.bpn.gov. A ter reviewing the ORCA database information, the offeror verifies by sub mission of the offer that the representations and certificatio s currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or upda ed within the last 12 months, are current, accurate, complete, and applic able to this solicitation (including the business size standar applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by refere ce (see FAR 4.1201); except for the changes identified below. [offeror to insert changes, identifying change by clause number, title, ate]. These amended representation(s) and/or certification(s) are also in corporated in this offer and are current, accurate, and compl te as of the date of this offer.

Any changes provided by the offeror are applicable to this licitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

52.230-7 Proposal Disclosure Cost Accounting Practice C anges (Apr 2005)

The offeror shall check "yes" below if the contract award ill result in a required or unilateral change in cost accounting practice, in cluding unilateral changes requested to be desirable change .

Yes

RFQP02061400009 Page 16 of 17

No If the offeror checked "Yes" above, the offeror shall-

( 1) Prepare the price proposal in response to the solicitation t sing the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting prac ice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

52.211-1 Availability of Specifications Listed in the GSA I dex of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and :::ommercial Item Descriptions, FPMR Part 101-29, and copies of spe cifications, standards, and commercial item descriptions cite in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of A riculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial iten descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

52.211-3 Availability of Specifications Not Listed in the G A Index ofF ederal Specifications, Standards, and Commercial Item Descriptions (June 1988)

The specifications cited in this solicitation may be obtained om:

(Activity) ________ _

(Complete address) ----------------11------------------ (Telephone number) _________ _

(Person to be contacted) _________ _

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicita tion.

(End of provision)

52.211-4 Availability for Examination of Specifications Nc t Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (June 1988)

(Activity) ________ _

(Complete address)---------------+------------------

(Telephone number) _________ _

(Person to be contacted) _________ _

(Time(s) for viewing) _________ _

(End of provision)

RFQP02061400009 Page 17 of 17

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisiDns by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror an submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provisicn may be accessed electronically at this/these address(es):

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions {Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is in dicated by the addition of (DEVIATION) after the date of he provision.

(b) The use in this solicitation of any [insert regulation nam€] (48 CFR Chapter--=--------') provision with an authorized devi ation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of provision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1 90)

In addition to other factors, bids will be evaluated on the ba is of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is a sumed, for the purpose of evaluating bids, that $500 would be the admin istrative cost to the Government for issuing and administeri g each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in he lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End of provision)