3QTR MCC KOSHER RFQP02101200013.pdf

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RFQP021 01200013 Page 1 of 18

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1. REQUEST NO.

RFQP021 01 200013

2. DATE ISSUED

02108/2012

THIS RFQ [E] IS D IS NOT A SMALL BUSINE

3. R'EQlJISITIONIPURCRASE REQUEST NO.

SS

4. CERT:FOR NAT. OEF.

UNDER BOSA REG. 2

ANO/OR OMS REG. 1

RATING

Sa. ISSUEO BY

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER

BLDG 5756 HARTFORD ROAD

FORT DlX, NJ 08640

5b. FOR INFORMATION C

NAME ,.'

,i., SUBRATA GHOSAL a.NAME

-c~.S:":T=R:':::E:":ET:'"AQ=O:':::R=ES::":S:------------'----------------ll BLDG 4 BROOKLYN NAVY YARD

f. ZIP CODE d.CITY

6. DELIVER BY (Date)

7. DELIVERY

[!] FOB DESTINATION

Federal Bureau of Prisons

b. STREET ADORESS

OTHER

(Se. Schedule)

MCCNewYork

FLUSHING AND WA VERL Y

c.CITY

BROOKLYN

d. STATE Ie. ZIP CODE

NY 11232

MCC NEW YORK 3RD QTR KOSHER FY 12

ALL ITEMS MI I~T RF T)ELlVERED NO LATER THAN"'AfIl~It~2012, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICAnONS.

MCC i~EW YORK

See Continuation Sheet( s)

12. DISCOUNT FOR PROMPT PAYMENT

b.

__~~~--------------------------------------------~la.NAME c.

or print)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

10. PLEASE FURNISH QUOTATIONS TO THE

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

02123/2012

IMPORTANT: This is a request for information, and quotations furnished are oot officers. If ~u are unable to quota, please so indicate on this form and return it to the address in Block Sa. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contrad for supplies or service.

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

STANDARD FORM 18 (REV. 6-95)

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

RFQP021 01200013 Page 20f 18

Table of Contents

Section Description Pa.:e 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 of Purchases of Commercial 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)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments................................................................. " 13

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 Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) ........................ " 16

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

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index ofFederal

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)

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

RFQP02101200013 Page30f 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 wlTomato 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 $ $

0002 CRC Certified Kosher Meat-20 ounce Chicken Cacciatore Meal conSiStin~of:

Chicken acciatore 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 ma~ not exceed 35% including no more than 5% soy used as a stabl izer) 4 ounce weight Tomato Sauce 4 ounce weight Diced Tomatoes 1/2 ounce weight Mushrooms 1/2 ounce weight diced onion, Qarlic, 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 NU9gets 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 w/com 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 Vegetables 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 FrollOck, whiting, flounder, cod, tilapia: or other white fish flesh fillet not Breaded) ioun;;e'wElighi'To'm'ato'siiu;;e' ..................................... , ..

4 ounce weight White Rice

480.000000 EA $ $

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 Meatloaf 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)

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

4 ounce we~ht SalisbuVo' Steak (made with ground beef with not more than: 0% fat; 20·0 added Ingredients)

:i'ounce weight Brown Gravy

6 ounce weight Mashed Potatoes

4 ounce weight 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 S0Yeprotien may be used, but must be shown in the ingredients sta ment on the product's label by its common name.

CRC Certified Kosher Parve-16 ounce Vegetable Protien Stuffed

Cabbage Roll Meal consisting of:

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

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

......... concentrate for at least 70% of the 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 Mashad Potatoes

4 ounce weight Mixed Vegetables.

CRC Certified Kosher Parve-13 Ounce Vegetable Protien Cutlet

Meal consistin~of:

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

..... (Must use soy t,rotien concentrate for at least 70% of the protian reqUiremen~ Pro uct must br coate3d with batter mix or bread crumbs not 0 exceed 30% of total weight.

2 ounce weight Mushroom Gravy

3.4 ounce wei~ht White Rice 4 ounce weigh lima Beans

CRC Certified Kosher Parve-19 Ounce Vegetable Protien Chili

Meal consisting of:

vegetable Protlen Chili made from:

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

3.5 ounce weight Kidney Beans 4 ounce weight

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

3.5 ounce weight 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 mUltiele s Ice portion, (shelf stable may be 1-4 oz slice) Wrapped in sea ed plastic.

Each individua~ackage must be marked with the kosher certification he sher Must meet

RFQP02101200013 Page40f 18

480.000000 EA $ $

480.000000 EA $ $

360.000000 EA $ $

720.000000 EA 1$ $

48.000000 EA $ $

168.000000 EA 1$ $

900.000000 EA $ $ 0014

t ~ooono ~l:OdO.:lH

C o

RFQP021 01200013 Page 6 of 18

Section 3 • Contract Clauses

Generated Forms (Jan 1991)

(Fixed-Price Supply and Service) (Apr 1984)

Ir..nnin"tinn for Convenience of the Government (Services) (Short Form) (Apr 1984) for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984) of Shipment (RESHIP) (Feb 2006)

Iln"nArlinn of Services--Fixed-Price (Aug 1996)

I Im,tatlnn of Liability (Feb 1997)

HlnnAr-1 AVAI Contract Quality Requirement (Feb 1999) r.nntr",dnr Inspection Requirements (Apr 1984) lC:..hrnnt"",.;" for Commercial Items (Jun 2010)

IChanoes--Fixed Price (Aug 1987)- Alternate I (Apr 1984) l';nVAmmAnt Delay of Work (Apr 1984)

(July 1995)

I:nnttnllttv Of Services (Jan 1991)

IAcceptin!:! and Dispensing of $1 Coin (Sep 2008)

!APplicable Law for Breach of Contract Claim (Oct 2004) after Award (Aug 1996)

IJISDutes (July 2002)- Alternate I (Dec 1991)

"'Imltatlon on Withholding of Payments (Apr 1984)

IJlscoums For Prompt Payment (Feb 2002)

Iln.,t"II.........n+ Payments for Commercial Items (Oct 1995)

RFQP02101200013 Page 7 of 18

Clause Title

52.232-25 Prompt Payment (Oct 2008)

52.232-17 Interest (Oct 2008)

~2.232-11 Extras (Apr 1984) p2.232-1 Payments (Apr 1984)

~2.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

1>2.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007)

52.222-50 ~ombating Trafficking in Persons (Feb 2009)

52.222-1 ~otice to the Government of Labor Disputes (Feb 1997)

52.216-20 pefinite Quantity (Oct 1995)

52.216-19 prder Limitations (Oct 1995)'

52.216-18 prdering (Oct 1995)

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

152.208-9 ~ontractor Use of Mandatory Sources of Supply or Services (Oct 2008)

~2204-7 Central Contractor Registration (Apr 2008)

1>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 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, 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 designation(s) to which the percentages apply, such as-

(1) The total contract quantity;

(2) Item I only;

(3) Each quantity specified in the delivery schedule;

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

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

52.242-15 Stop-Work Order (Aug 1989)

RFQP021 01200013 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, ofthe 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 of costs 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-

(1) 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 of this 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 adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(l) 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 ofany part of this contract; and

(2) The Contractor asserts its right to the adj ustment 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) Ifa 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 ofclause)

FAO-OOlS 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 finn which are of a related nature, indicating for each the following:

(1) (a) Customer & Address ___________~

(Phone) ________

(b) Contract Number _____________

(c) Person to Contact ____________

(d) Type of Work ___________

(e) Amount of Contract

(f) Contract Status Complete

(2) (a) Customer & Address ____________

(Phone) ___________

(b) Contract Number ____________

(c) Person to Contact ____________

(d) Type of Work _____________

RFQP02101200013 Page 9 of18

(e) Amount of Contract "'____________

(f) Contract Status U Active U Complete

(3) (a) Customer & Address ____________

(Phone) ___________

(b) Contract Number ____________

(c) Person to Contact ___________

(d) Type of Work ____________

(e) Amount of Contract ~___________

(f) Contract Status U Active U Complete

(4) Bank Reference:

(a) Name

(b)n~J~~~_______________________

(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 ofthe clause at 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Securityfor Government financing. 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, financing 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. If at 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 of rights.

(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

(li) 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 of any other right, power, or privilege of the Government.

(e) Content ofContractor~v 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 of the request for financing payment;

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

(4) An appropriately itemized and totaled statement ofthe financing 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 ofthe Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a 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 financing terms (52.232-31) and the terms in this clause, the terms of this clause shaH 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 of payments 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 (1) and (m) ofthis clause.

(c) Approval and payment ofrequests.( 1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the 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 been 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 ofthis 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)(I) of this clause, or inquires into the status ofan event or performance criterion, or into any of the conditions 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. Ifthe performance-based fm ance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that 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 shaH 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 payment,f. 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:

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

(2) Performance of this contract is endangered by the Contractor's ..

(i) Failure to make progress; or

(li) Unsatisfactory fmandal condition.

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

(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 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 aH of the foHowing 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;

(li) Special tooling and special test equipment to which the Government is to acquire title;

oc RFQP021 01200013 Page 11 of 18

(iii) Nondurable (i.e., non capital) 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 (t)(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 Govemment by oth er clauses of this 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 of property 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 ofthe 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 thereot) 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, damanged, 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 ofthe contract and not payable (if the property is part of or needed for performance), and the Contractor shaH refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. 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, financial 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 shaH 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, (I) 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 fuilliquida 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. (I) 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 of any of the rights or remedies of the parties under the contract.

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

0) 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 of any 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:

(I) 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 contract or order under which the request is made;

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

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

(m) Content ofContractor;y 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:

() o

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

(End ofclause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this 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 I) 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.

RFQP02101200013 Page 13 of 18

Section 4 • List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP02101200013 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)( I) The North American Industry Classification System (NArCS) 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)(l) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the 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 ofcompleting 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)(I) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(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 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 ofPerformance--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 DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, 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 items.

(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 Service 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-\.

(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 DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price 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 1.

_(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 EP A--Designated Products (Alternate

I only).

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

_(ix) 52.227-6, Royalty Information.

_(A) Basic.

_(B) Alternate 1.

_(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) ofthis 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 ofthe date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below. [offeror to insen 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

(1) 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 ofthe changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End ofprovision)

52.211-1 Availability of Specifications Listed in the GSA Index ofFederal 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) Ifthe General Services Administration, Department ofAgriculture, or Department ofVeterans Affairs issued this solicitation, a http:http://orca.bpn.gov

()c RFQP02101200013 Page 17 of 18 single copy ofspecifications, 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 address) _______________________________

(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 of provision)

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

Commercial Item Descri.etions (June 1988)

(Activity) _________

(Complete address) _______________________________

(Telephone number) _________

(Person to be contacted) _________

(Time(s) for viewing) _________

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 address( es):

(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 I) provision with an authorized deviation is in dicated by the addition of(DEVIA TION)after the date of the provision.

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

(End of provision)

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

In addition to other factors, bids will be evaluated on the basis ofadvantages 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 oo 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.