3 QTR MCC RFQP02101200013 KOSHER.pdf

RFQP02101200013 Page 1 of 18

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ [E] IS D IS NOT A SMALL BUSINESS

1. REQUEST NO.

RFQP02101200013

sa. ISSUE() BY

Federal Bureau of Prisons FCI FortDix

NE FINANCE CENTER

2. DATE ISSUED

02108/2012

BLDG 5756 HARTFORD ROAD

FORT DlX, NJ 08640

5b. FOR INFORMATION C

3. RE:OOISITIOOPORCHASE:RE:OUES, NO.

'COLLECT C

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR OMS REG. 1

6. DELIVER BY (Dale)

7. DELIVERY

[E] FOB DESTINATION

RATING

OTHER

(See Schedule)

NAME

h_r".,..:III'I!,..IiI~~;m~==.;...---""'I Federal Bureau of Prisons

SUBRATA GHOSAL b. STREET ADDRESS

a. NAME b.COMPANY

MCC New York -c-.S~T~R~EE~T=-A~D~D~R~E~SS~-------_......J'-----------------II BLDG 4 BROOKLYN NAVY YARD

FLUSHING AN D WAVERLY

c.CITY

BROOKLYN

f.ZIPCODEd.CITY d. STATE Ie. ZIP CODE

NY 11232

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK Sa ON OR BEFORE CLOSE OF BUSINESS (Dale)

02123/20[2

IMPORTANT: This is a request for information, and quotations fumished are not officers. If you are unable 10 quote, please so indicale on this form and relurn illo the address in Block Sa. This requesl does not commit the Govemmenlto pay any costs incurred in Ihe preparation of Ihe submission of this quotation or 10 contract for supplies or service.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached

MCC NEW YORK 3RD QTR KOSHER FY 12

ALL ITEMS MUST BE DELIVERED NO

LATER THAN APRIL 15,2012, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICATIONS.

See Continuation Sheet(s)

M i~EW RK

12. DISCOUNT FOR PROMPT PAYMENT

c.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

RFQP021 01200013 Page20f 18

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

52.211·16 Variation In Quantity (Apr 1984)

52.242·15 Stop·Work Order (Aug 1989)

FAO·00l5 Inspecting The Site

FAO-0024 Business Management Questionnaire

52.232-29 Terms for Financing ofPurchases ofCommercial Items (Feb 2002)

52.232·32 Performance-Based Payments (Aug 2010)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.252-4 Alterations in Contract (Apr 1984) .......................................... '" 12

52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List ofAttachments

5 Solicitation Provisions

52.204·8 Annual Representations and Certifications (Feb 2009)

52.230·7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

52.211·1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercialltem Descriptions, FPMR Part 101-29 (Aug 1998)

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988)

52.211·4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions (June 1988)

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

52.252·3 Alterations in Solicitation (Apr 1984)

52.252·5 Authorized Deviations in Provisions (Apr 1984) ................................ " 17

52.214·22 Evaluation of Bids for Multiple Awards (Mar 1990)

RFQP02101200013 Page 3 of 18

Section 2 • Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 CRC (Central Rabbinical Congress) Certified Kosher Meat-18 and Franks consisting of:

4 ounce Beef Franks or Cocktail franks no artificial colors 8 ounce weight Vegetarian Beans wfTomato sauce 6 ounce weight Diced Potatoes

Note; 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 protien may be used but must be shown in the ingredients statement on the product's label by its common name.

Must meet CRC Certification (Central Rabbinical Congress)

480.000000 EA $ 1$

0002 CRC Certified Kosher Meat-20 ounce Chicken Cacciatore Meal consistin~f:

Chicken cciatore 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 maffi not exceed 35% including no more than 5% soy used as a stabl izer) 4 ounce weight Tomato Sauce 4 ounce weight Diced Tomatoes 112 ounce weight Mushrooms 1/2 ounce weight diced onion, \lanic. spices and vegetable oil 3 ounce weight Pasta MacarOni 4 ounce we~t Sliced or Diced Carrots Must meet C Certification (Central Rabbinical Congress)

324.000000 EA $ $

0003 CRC Certified Kosher Meat-20 ounce Chicken Chow Mein Meal consistin~of:

Chicken how Mein entree made from:

4 ounce weight Breaded Chicken Nuggets made from chunked and formed white meat ~not from mechanically de-boned meat).

Breaded (Combine

.... breading and added ingredients may not exceed 35% including no more than 5% soy used as a stabilizer) 6 ounce weight ~ravy thickened wlcorn starch 1 ounce weight elery, bell Pepper and Onion 2 ounce weight Green Beans

3.5 ounce weight White Rice

3.5 ounce weight Sweet Peas and Carrots Must meet CRe Certification (Central Rabbinical Congress)

480.000000 EA $ $

0004 CRC Certified Kosher Meat-16 ounce Chicken Patty Meal consisting of:

4 ounce we~ht Chicken Patty. made from chunked and formed white meat not from mechanically de boned meat). Breaded (Combined reading and added ingredients may not exceed 35% .... including no more than 5% soy used as a stabilizer) 2 ounce weight Chicken Gravy 6 ounce weight Mashed Potatoes 4 ounce we~t Mixed VeQetables Must meet C Certification (Central Rabbinical Congress)

624.000000 EA $ $

0005 CRC Certified Kosher Meat-18 ounce Chicken Wing Meal consisting of;

6 ounce weight Chicken Wings with skin and bones 2 ounce weight Buffalo Sauce 6 ounce weight Mashed Potatoes 4 ounce we~t Sweet Peas Must meet C Certification (Central Rabbinical

480.000000 EA $ $

0006 CRC Certified Kosher Dairy- 7 ounce Spanish Omelet Meal consisting of:

3 ounce weight Plain Egg Omelet 1 ounce Spanish Sauce 3 ounce Potatoes Must meet CRC Certification (Central Rabbinical Congress)

360.000000 EA $ $

0007 CRC Certified Kosher Parve-14 ounce Fish Fillet Meal consisting of:

4 ounce weight Fish Fillet cut from solid muscle fillet block ~1I0ck, whiting, flounder, cod, tilapia: or other white fish flesh fillet not Breaded)

;;!'CiiiiiCEi'weiiiiit"ro'm'atc)Sauce····· 4 ounce weight White Rice

480.000000 EA $ i$

RFQP02101200013 Page40f 18

4 ounce weight Mature Lima Beans

Must meet CRC Certification (Central Rabbinical Congress)

CRC Certified Kosher Meat-16 ounce Meatloaf Meal consisting of:

4 ounce we~ht Meatloaf (made with ground beef with not more than: 20 fat; 0% added ingredients)

2 ounce weight Brown Gravy

6 ounce weight Mashed Potatoes

4 ounce weight Mixed vegetables

Note: The finished product of the MeaHoaf may not contain more than 3.5% of a non dairy-non-meat binders and extenders or 2% isolated soy protien may be used, but must be shown in the ingredients statement on the ~rodUct'S label by its common name.

Must meat CRC Certification Central Rabbinical Congress)

CRC Certified Kosher Meat-16 ounce Salisbury Steak Meal consisting of:

4 ounce we~ht Salisbull Steak (made with ground beef with not more than: 0% fat; 20° added Ingredients) ioiince weight Brown Gravy

6 ounce weight Mashed Potatoes

4 ounce wei9.ht Mature Lima Beans

Note: The finished product of the Salisbury Steak may not contain more than 3.5% of a non dairy-non-meat binders and extenders or

2% isolated so~ protien may be used, but must be shown in the ingredients sta ement on the product's label by its common name.

Must meet CRC Certification (Central Rabbinical Congress)

CRC Certified Kosher Parve-16 ounce Vegetable Protien Stuffed

Cabbage Roll Meal consisting of:

6 ounce we~ht vegetable Protien Stuffed Cabbage (not to exceed

270 mg. so lum & not less than 13g of protien. (Must use soy protien

......... concentrate for alleasl70% of Ihe protien requirement)

2 ounce weight Tomato Gravy

4 ounce weight Parsley Potatoes

4 ounce weight Mixed vegetables

CRC Certified Kosher Meat-16 ounce Turkey Cutlet Meal consisting of:

4 ounce we~ht Turkey Cutlet made from chunked and formed white meat not from mechanically de boned meat), Breaded (Combined reading and added ingredients

....... .may not exceed 35% including no more than 5% soy used as a stabilizer) 2 ounce weight Gravy 6 ounce weight Mastied Potatoes 4 ounce weight Mixed Vegetables.

Must meet CRC Certification (Central Rabbinical Congress)

CRC Certified Kosher Parve-13 Ounce Vegetable Protien CuHet Meal consisting of:

3.6 ounce weight (minimum) Vegetable Protien CuHet. Product not to exceed 260mg sodium must have a minimum of 12g protien and not less than 5g Of dietary fiber

..... (Must use soy J.rotien concentrate for at least 70% of the protien requirement) Pro uct must br coate3d with baiter mix or bread crumbs not to exceed 30% of total weight.

2 ounce weight Mushroom Gravy

3.4 ounce weight White Rice 4 ounce weight Lima Beans

CRC Certified Kosher Parve-19 Ounce Vegetable Protien Chili

Meal consisting of:

vegetable Proben Chili made from:

4 ounce weight Textured Soy Protien concentrate seasoned to resemble ground beef.

3.5 ounce weight Kidney Beans 4 ounce weigtit

..... Crushed Tomatoes, Onions spices and stabilizers as required to maintain taste and consistency

3.5 ounce wei9.ht White Rice

4 ounce weight Mixed Vegetables

Must meet CRC Certification (Central Rabbinical Congress)

CRC Certified kosher BOI~na Luncheon Meat (Chicken or Turkey), Frozen. 4 ounce mulliele s Ice portion, (shelf stable may be 1-4 oz slice) Wrapped in sea ad plastic.

Eacti individua~aCkage must be marked with the kosher certification he sher Must meet

480.000000 EA $ $

480.000000 EA $ $

360.000000 EA $ $

720.000000 EA $ $

48.000000 EA $ $

168.000000 EA $ $

900.000000 EA $ $ 0014

£~ooonO~ZOdO.:l~

RFQP02101200013 Page 60f18

Section 3 • Contract Clauses for Convenience of the Government (Services) (Short Form) (Apr 1984) frAnninatinn for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984) of Shipment (RESHIP) (Feb 2006)

Iinspection of Services--Fixed-Price (Aug 1996)

J,.lmllatiOn of Liability (Feb 1997)

~ertiflcate of Conformance (Apr 1984)

Contract Quality Requirement (Feb 1999)

~ontractor Inspection Requirements (Apr 1984) lSubcontracts for Commercial Items (Jun 2010)

IChanaes--Fixed Price (Aug 1987)- Alternate I (Apr 1984) lGovemment Delay of Work (Apr 1984)

Of Services (Jan 1991)

IAcceptin!1 and Dispensing of $1 Coin (Sep 20(8)

~pplicable Law for Breach of Contract Claim (Oct 2004) p..1lspules (July 2002)- Alternate I (Dec 1991) p..1ISPU18S (July 2002)

Llmnanon on Withholding of Payments (Apr 1984)

PJlscounts For Prompt Payment (Feb 2002)

IIment Payments for Commercial Items (Oct 1995)

RFQP02101200013 Page 7 of 18

Clause rritle

~2.232-25 Prompt Payment (Oct 2008) p2.232-17 nterest (Oct 2008)

52.232-11 ~){tras (Apr 1984)

52.232-1 Payments (Apr 1984)

52.228-4 ~orkers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

~2.225-13 ~estrictions on Certain Foreign Purchases (June 2008)

~2.223-2 ~ffirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007)

~2.222-50 ~ombating Trafficking in Persons (Feb 2009)

~2.222.1 ~otice to the Government of Labor Disputes (Feb 1997)

~2.216-20 pefinile Quantity (Oct 1995)

~2.216-19 prder Limitations (Oct 1995)'

152.216-18 prdering (Oct 1995)

52.211-11 iquidated Damages--Supplies, Services, or ReSearch and Development (Sept 2000)

52.208-9 ~ontractor Use of Mandatory Sources of Supply or Services (Oct 2008)

52.204-7 ~entral Contractor Registration (Apr 2008)

52.204-2 ~ecurity 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 contract will not be accepted unless the variation has been caused by con ditions ofloading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, ifany, specified in paragraph (b) ofthis 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 designation(s) to which the percentages apply, such as-

(I) 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 destination.

52.242-15 Stop-Work Order (Aug 1989)

RFQP02101200013 Page 8 of 18

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically 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 ofcosts al locable to the work covered by the order during the period ofwork stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(I) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause ofthis contract.

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

(I) The stop-work order results in an increase in the time required 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 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting 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 covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

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

(End of clause)

FAO-OOIS Inspecting The Site

The site is located at:

[Fill In]

[ Fill In]

[Fill In]

F AO-0024 Business Management Questionnaire

(a) Provide the work distribution, by percentage, among commercial contracts and Government prime contracts (including subcon tracts under Government contract).

COMMERCIAL: percent GOVERNMENT: percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(I) (a) Customer & Address ___________

(Phone) ________

(b) Contract Number ____________

(c) Person to Contact ____________

(d) Type of Work ____________

(e) Amount of Contract ___________

(t) Contract Status U Active U Complete

(2) (a) Customer & Address ____________

(Phone) ___________

(b) Contract Number ____________

(c) Person to Contact ____________

(d) Type ofWork ____________

RFQP02101200013 Page 9 of 18

(e) Amount ofContract

(f) Contract Status LJ Active LJ Complete

(3) (a) Customer & Address ____________

(Phone) ___________.

(b) Contract Number ____________

(c) Person to Contact ____________

(d)TypeofWork _____________

(e) Amount of Contract _____________

(f) Contract Status LJ Active LJ Complete

(4) Bank Reference:

(a) Name ofBank_____________

(b) Address._______________

(Phone)_____________

( c ) Person to

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors): percent

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

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

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

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

(d) Reservation ofrights.

(1) No payment or other action by the Government under this clause shall

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

(ii) Constitute a waiver of any of the rights or remedies of the 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 any other rights and remedies provided by law or this contract; and

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

(e) Content ofContractor~~ request for financing payment. The Contractor's request for financing payment shall contain the following:

(I) The name and address of the Contractor;

(2) The date ofthe request for fmancing payment;

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

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

(f) Limitation onfrequency offinancing payments. Contractor financing payments shall be provided no more frequently than monthly.

RFQP02101200013 Page 10 of 18

(g) Datesfor payment. A payment under this clause is a contract fmancing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal ofa prop er request for payment.

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

(End ofclause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount ofpayments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount ofpayments and limitations on payments shall be specified in the contract's description of the basis for payment.

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

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

(2) A payment under this performance-based payment clause is a contract fmancing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay ap proved requests on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt ofthe request for performance-based payment by the designated payment office. However, the designated payment office is not re quired to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)( 1) of this clause, or inquires into the status ofan event or performance criterion, or into any of the cooditions listed in paragraph (e) of this clause, or into the Con tractor certification. The payment period will not begin until 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 performance ofobligations under this contract.

(d) Liquidation ofperformance-based payments .(1) Performance-based finance amounts paid prior to payment for delivery ofan item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based fm ance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent ofthat delivery item price that was previously paid under performance-based fmance 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.

(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 Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price ad justments.

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

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

(2) Performance ofthis contract is endangered by the Contractor's-

(i) Failure to make progress; or

(li) Unsatisfactory fmancial condition.

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

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

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under 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 Government is to acquire title;

RFQP02101200013 Page 11 of 18

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

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

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

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the value of 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 ofproperty to which title is vested in the Government under this clause, the Contract orshall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), 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 under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

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

(ii) Incorporated in supplies delivered to, and accepted by, the 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 Government-furnished property shall not apply to property to which the Govern ment acquired title solely under this clause.

(g) Risk ofloss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk ofloss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. Ifany property is lost, stolen, darnanged, or destroyed, the basis ofpayment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

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

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, frnancial statements, and other pertin ent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other cri terion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable op portunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. Ifthis contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on fullliquida tion of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

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

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

(ii) Constitute a waiver ofany of the rights or remedies of the 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 any other rights and remedies provided by law or this contract; and

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

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

(1) The name and address of the Contractor;

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

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

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

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

(m) Content ofContractor~v certification. As required in paragraph (1)(5) of this clause, the Contractor shall make the following certi fication in each request for performance-based payment:

RFQP021 01200013 Page 12 of 18

I certify to the best ofmy knowledge and belief that-

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

(2) (Except as reported in writing on ), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course ofbusiness;

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

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

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

(End ofclause)

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 available. Also, the full text of a clause may be accessed electronically at this / these addressees):

52.252-4 Alterations in Contract (Apr 1984)

Portions ofthis contract are altered as follows:

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition 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.

RFQP021 01200013 Page 13 of 18

Section 4 • List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP021 01200013 Page 14 of 18

Section 5 - Solicitation Provisions

Act Pre-qualification Designation Notice. (Feb 2009) - Alternate II (Feb 2009)

Act Pre-qualification Designation Notice. (Feb 2009) Alternate I (Feb 2009)

Act Pre-qualification Designation Notice. (Feb 2009)

Act Block Designation I Certification. (Feb 2009) - Alternate II (Feb 2009)

Act Block Designation I Certification. (Feb 2009) - Alternate I (Feb 2009)

Act Block Designation I Certification. (Feb 2009)

Act Coverage Not Applicable. (Feb 2009)

Provisions by Full Text

52.204-8 Annual Representations and Certifications (Feb 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NArCS code].

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

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service con tract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) Ifthe clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) Ifthe clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) ofthis provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror 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 completed the individual representations and certifications in the solicitation.

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

(i) 52.203-2, Certificate ofIndependent Price Determination. This provision applies to solicitations when a firm-fixed-price contractor fixed-price contract with economic price adjustment is contemplated, unless-

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

RFQP021 01200013 Page 15 of 18

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies 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 Business). 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 States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. 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 provision 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 (Basic & Alternate I). This provision applies to solicitations when the con tract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than 000, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by 000, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations 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 provision applies to solicitations, other than those for construction, when the so licitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition ofcommercial iterns.

(xiii) 52.223-1, Biobased Product Certification. This provision 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 of Biobased Products Under S~ice and Con struction Contracts.

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

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

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

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

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

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

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudano-Certification.

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

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from highereducational institutions; and

(B) For 000, NASA, and Coast Guard acquisitions, solicitations 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 by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

_(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness

Demonstration Program.

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

RFQP02101200013 Page 16 of 18

_(A) Basic.

_(B) Alternate I.

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

_(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment Certification.

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

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

I only).

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

_(ix) 52.227-6, Royalty Information.

_(A) Basic.

_(B) Alternate I.

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

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

solicitation 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 Changes (Apr 2005)

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

Yes

_No

If the offeror checked "Yes" above, the offeror shall

(I) Prepare the price proposal in response to the solicitation using 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 practice 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 Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies ofspe cifications, standards, and commercial item descriptions cited 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 ofAgriculture, or Department of Veterans Affairs issued this solicitation, a http:http://orca.bpn.gov

RFQP02101200013 Page 17 of 18 single copy of specifications, standards, and commercial item 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 ofprovision)

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988)

The specifications cited in this solicitation may be obtained from:

(Activity) ____....._____

(Complete

(Telephone

(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 ofprovision)

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and

Commercial Item Descriptions (June 1988)

(Activity) _____.____

(Complete a;:d,dr.:::e1s::s):,_____________________..________

(Telephone

(person to be contacted) ___... ..___

(Time(s) for viewing) __________

(End of provision)

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

This solicitation incorporates one or more solicitation provisions 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 and submitted with its quotation or offer. In lieu of submitting the full text ofthose provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text ofa solicitation provision may be accessed electronically at this/these addressees):

(End ofprovision)

52.252·3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

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 the provision.

(b) The use in this solicitation of any [insert regulation name] (48 CFR Chapter ) provision with an authorized devi· ation is indicated by the addition of(DEVIA TION)after the name of the regulation.

(End ofprovision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the admin

RFQP02101200013 Page 18 of 18 istrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End ofprovision)