RFQP02101300001__KOSHER_2nd_QTR_FY13.pdf

MCC NEW YORK RFQP02101300001 Page 1 of 18

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ [KJ IS D IS NOT A SMALL BUSINESS

OMB Clearance Control Number: II 03-0018

1. REQUEST NO.

RFQP02101300001

Sa. ISSUED BY

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER

2. DATE ISSUED

11/09/2012

BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640

3. REQUISITION/PURCHASE REQUEST NO.

Sb. FOR INFORMATION CALL (NO COLL CT CALLS)

NAME I TELEPHONE NUMBER

4. CERT. FOR NAT. DEF. RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

6. DELIVER BY {Date)

7. DELIVERY

[KJ FOB DESTINATION D

9. DESTINATION

a. NAME OF CONSIGNEE

Federal Bureau of Prisons

OTHER

(See Schedule)

AREA ODE 'NUMBER

_KE __ V __ IN __ B_IN_D_U __ S __________________ ~~~_._60_9~----~-7-23_-_I_IO_O_E_x_t_.:_x_5_13_0 ____ ~b.STREETADDRESS

8. TO:

a. NAME I b. COMPAN

-c-_...,.s""'TR"""E"""E"""T_A...,.D""""D_R __ E...,.S-S-----------L----+-------------1 MCC New York

BLDG 4 BROOKLYN NAVY YARD

c. CITY

BROOKLYN

d. CITY d. STATE e. ZIP CODE

NY 11232

e. ST TE If. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

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

11/30/2012

IMPORTANT: This is a request for information, and quotations furnished are not officers. If you are unable to quote, please so indicate on his form and return it to the address in Block Sa. This request does not commit the Government to pay any costs incurr d in the preparation of the submission of this quotation or to contract for supplies or service.

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

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITE~.NO .

.. · ! ;, (a}· .·.\;: ..•. , MCC NEW YORK 2ND QTR KOSHER FYI

ALL ITEMS MUST BE DELIVERED NO

EARLIER THAN JAN I, 2013, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICATIONS.

See Continuation Sheet(s)

a. 10 CALENDAR DIIYS (%) b. 20 CALENDAR DAYS(%) c. 30 CALENDAR DAYS(%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

0.00% NOTE: Additional provisions and representations [ 1 are [ X 1 are not a~ ached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

-c~.~C~O~U~NT~Y~----------------~---~

d. CITY

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

e. STATE I f. ZIP CODE

0.00% 0.00%

4. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE {Type or print)

NUMBER rPERCENTAGE

0 0.00

1S. DATE OF

QUOTATION

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR {48 CFR) S3.215-1(a)

RFQP021 01300001 Page 2 of 18

Section 2 - Commodity or Services Schedule

SCHEDULE 1pF SUPPLIES/SERVICES

CC NTINUATION SHEET

ITEM NO.

SUPPLIES/SERVICES

CRC CERTIFIED Kosher Meat -18 Ounce Beans anc Franks Meal consisting of:

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

- 8 ounce-weight Vegetarian Beans w/Tomato 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 exter ders or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its co mon name.

CRC CERTIFIED Kosher Meat - 20 Ounce Chicken C acciatore Meal consisting of:

Chicken Cacciatore made from:

- 4 ounce-weight Breaded Chicken Nuggets made from chunked and formed white meat, (not from mechanically de-be ned meat), Breaded (Combined breading

-4 ounce-weight Tomato Sauce -4 ounce-weight Diced Tomatoes

- 1/2 ounce-weight Mushrooms

- 1/2 ounce-weight diced Onion, Garlic, spices and v gelable oil

- 3 ounce-weight Pasta Macaroni

- 4 ounce-weight Sliced or Diced Carrots

CRC CERTIFIED Kosher Meat - 20 Ounce Chicken how Mein Meal consisting of:

Chicken Chow Mein entree made from:

- 4 ounce-weight Breaded Chicken Nuggets made fr m chunked and formed white meat (not from mechanically de-be ned meat), Breaded

(Combined breading and added ingredients may not exceed 35% ancluding no more than 5% soy used as a stabilizer)

- 6 ounce-weight Gravy thickened w/corn starch

- 1 ounce-weight Celery, Bell Pepper and Onion

- 2 ounce-weight Green Beans

- 3.5 ounce-weight White Rice

- 3.5 ounce-weight Sweet Peas and Carrots

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

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

(Combined breading and added ingredients may no exceed 35% including no more than 5% soy used as a stabilizer)

- 2 ounce-weight Chicken Gravy

- 6 ounce-weight Mashed Potatoes,

- 4 ounce-weight Mixed Vegetables.

CRC CERTIFIED Kosher Meat- 18 ounce Chicken Wing Meal consisting of:

- 6 ounce-weight Chicken Wings with skin and bonE Is

- 2 ounce-weight Buffalo Sauce

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Sweet Peas

CRC CERTIFIED Kosher Dairy - 7 Ounce Cheese melet Meal consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce cheese

- 3 ounce Potatoes

QUANTITY

156.000000

480.000000

648.000000

648.000000

648.000000

600.000000

0007 CRC CERTIFIED Kosher Dairy- 7 Ounce Spanish 0melet Meal 240.000000 consisting of:

- 3 ounce-weight Plain Egg Omelet

- 1 ounce Spanish Sauce

- 3 ounce Potatoes

0008 CRC CERTIFIED Kosher Parve- 14 ounce Fish Filet Meal 180.000000 consisting of:

- 4 ounce-weight Fish Fillet cut from solid muscle fi let block pollack, whiting, flounder, cod, tilapia: or other white fish fle~h fillet (NOT

BREADED)

- 2 ounce-weight Tom a to Sauce

- 4 ounce-weight White Rice

- 4 ounce-weight Mature Lima Beans

UNIT UNIT PRICE

EA $. ___ _

EA $. ____ _

EA $. ____ _

EA $, ____ _

EA $. ____ _

EA $. ____ _

EA $. ____ _

EA $, ____ _

AMOUNT

0009 CRC CERTIFIED Kosher Meat -16 Ounce Meatloaf lllieal consisting of:

- 4 ounce-weight Meatloaf (made with ground beef wit not more than: 20% fat; 20% 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 co}ain more than 3.5% of a non dairy- non-meat binders and extenuers or 2% isolated soy protein may be used, but must be shown n the ingredients statement on the product's label by its con mon name.

0010 CRC CERTIFIED Kosher Meat -16 Ounce Salisbury teak Meal consisting of:

- 4 ounce-wei~ht Salisbury Steak (made with ground eef with not more than: 20 Vo fat; 20% added ingredients)

- 2 ounce-weight Brown Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mature Lima Beans Note: The finished product of the Salisbury Steak ma not contain more than 3.5% of a non dairy- non-meat binders anc extenders or 2% isolated soy protein may be used, but must be shpwn in the ingredients statement on the product's label by its co rmon name.

540.000000

516.000000

0011 CRC CERTIFIED Kosher Meat- 20 Ounce Spaghetti and Meatballs 264.000000 Meal consisting of:

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

- 5 ounce-weight Spaghetti Pasta

- 3 ounce-weight Tomato Sauce

- 8 ounce-weight Sweet Peas Note: The finished product of the Meatball may not c ntain more than 3.5% of a non dairy- non-meat binders and extehders or 2% isolated soy protein may be used, but must be show in the ingredients statement on the product's label by its co 11mon name.

0012 CRC CERTIFIED Kosher Parve- 16 Ounce Vegetab e Protein 144.000000 Stuffed Cabbage Roll Meal consisting of:

- 6 ounce-weight Vegetable Protein Stuffed Cabbage (not to exceed 270 mg. sod1um & not less than 13g of profe n.

(Must use soy protein concentrate for at least 70% o the protein requirement) -2 ounce-weight Tomato Gravy

- 4 ounce-weight Parsley Potatoes

- 4 ounce-weight Mixed Vegetables

0013 CRC CERTIFIED Kosher Meat- 16 Ounce Turkey Cutlet Meal 240.000000 consisting of:

-4 ounce-weight Turkey Cutlet made from chunked ~nd fonned white meat (not from mechanically de-boned meat), Breaded (Combined breading and added ingredient may not exceed 35% including no more than 5% soy used a~ a stabilizer)

- 2 ounce-weight Gravy

- 6 ounce-weight Mashed Potatoes

- 4 ounce-weight Mixed Vegetables.

0014 CRC CERTIFIED Kosher Parve- 13 Ounce Vegetci!Jie Protein 240.000000 Cutlet Meal consisting of:

- 3.6 ounce-weight (minimum) Vegetable Protein Cl let. Product not to exceed 260 mg sodium must have a minimun of 12g protein and not less than 5g of dietary fiber.

(Must use soy protein concentrate for at least 70% f the Protein requirement) Product must be coated with batter mi or bread crumbs not to exceed 30% of total weight.

- 2 ounce-weight Mushroom Gravy

- 3.4 ounce-weight White Rice

- 4 ounce-weighl Lima Beans

CRC CERTIFIED Kosher Bologna Luncheon Meat (chicken or turkey), Frozen, 4 Ounce multiple slice portion, (Sh M Stable may be 1-4oz slice) Wrapped in Sealed Plastic. * Each i dividual package must be marked with the kosher certificati n hechsher.

240.000000

RFQP02101300001 Page 3 of 18

EA $. ____ _ $. _____ _

EA $. ____ _ $. ______ _

EA $. ___ _ $. ______ _

EA $. ____ _ $ ______ _

EA $, ____ _ $ ______ _

EA $. ____ _ $. ______ _

EA $. ____ _ $. ______ _

RFQP02101300001 Page 4 of 18

Section 3 - Contract Clauses

Clauses By Reference

~2.1~2-2 C~AUSE~ ~ct:nU~ORATED BY REFEREll CE (FEB 1998)

.··•·• .. •• ., •.. ·}·I'· ···, ' ~.: . '' •· ... ·. J ,,, • , tnlis c~n~fincri]~~tes one or rn~r~ clauses by ~feren1 e. with the ~~me force ana e~ect as ~~~~~etegiy~~ in M•iext• ltJpcil} reqUest; the::&~itact~g Oftic~t will make theid'ull text available. Also, the .full text of ~iclad~'trlay be ~e~;~~d · ' .

-~~~~~~!(~1' _..~~~··'"' . . . ·· .. •' . . . . :f '• .

.. •.:·. ··<·:: .. •,'·•"'.·•········:•.·· . : .. ,.: .: ... : . :· : •• .. ·' ·l;i. . .. · 1'--lause rritle

~2.253-1 ~om puler Generated Forms (Jan 1991)

~2.249-8 Default (Fixed-Price Supply and S rvice) (Apr 1984)

~2.249-4 [Termination for Convenience of th Government (Services) (Short Form) (Apr 1984)

~2.249-1 ~ermination for Convenience of th Government (Fixed Price) (Short Form) (Apr 1984)

~2.247-68 Report of Shipment (RESHIP) (Fe 2006)

~2.246-4 Inspection of Services--Fixed-Pric (Aug 1996)

52.246-23 imitation of Liability (Feb 1997)

52.246-15 Certificate of Conformance (Apr 1 84)

52.246-11 1-iigher-Level Contract Quality Re uirement (Feb 1999)

52.246-1 Contractor Inspection Requireme ts (Apr 1984)

52.244-6 Subcontracts for Commercial lten s (Jun 201 0)

52.243-1 All I Changes--Fixed Price (Aug 1987 Alternate I (Apr 1984)

~2.242-17 ~overnment Delay of Work (Apr 984)

~2.242-13 !Bankruptcy (July 1995)

~2.237-3 !continuity Of Services (Jan 1991

~2.237-11 !Accepting and Dispensing of $1 oin (Sep 2008)

~2.233-4 !Applicable Law for Breach of Co1 tract Claim (Oct 2004)

~2.233-3 Protest after Award (Aug 1996)

52.233-1 All I pisputes (July 2002)- Alternate I Dec 1991)

~2.233-1 pisputes (July 2002)

~2.232-9 Limitation on Withholding of Payments (Apr 1984)

~2.232-8 Piscounts For Prompt Payment Feb 2002)

~2.232-30 Installment Payments for Comm rcialltems (Oct 1995)

RFQP021 01300001 Page 5 of 18

~Ia use [Title

~2.232-25 Prompt Payment (Oct 2008)

~2.232-17 nterest (Oct 2008)

[52.232-11 !Extras (Apr 1984)

~2.232-1 Payments (Apr 1984)

~2.228-4 r.vorkers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.225-13 ~estrictions on Certain Foreign Pu hases (June 2008)

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

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

~2.222-1 !Notice to the Government of Labor Disputes (Feb 1997)

~2.216-20 petinite Quantity (Oct 1995)

~2.216-19 prder Limitations (Oct 1995)

~2.216-18 prdering (Oct 1995)

[52.211-11 iquidated Damages--Supplies, S rvices, or Research and Development (Sept 2000)

~2.208-9 ~ontractor Use of Mandatory Sou es of Supply or Services (Oct 2008)

~2.204-7 ~entral Contractor Registration (A r 2008)

~2.204-2 ~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 t!1is contract will not be accepted unless the variation has been caused by con ditions of loading, shipping, or packing, or allowances ir 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 desigl' ation(s) to which the percentages apply, such as-

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

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

(5) The total quantity of each item without regard to de! tination.

(End of clause)

RFQP021 01300001 Page 6 of 18

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written o der to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days aftf r the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specificall identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with it terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the period of work stoppage. Within a period of90 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 i 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 cancele~ 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-

(1) The stop-work order results in an increase in the time equired 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 with"n 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, th 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 covned 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 cov red by the order is terminated for default, the Contracting Officer shall al low, by equitable adjustment or otherwise, reasonable co ts resulting from the stop-work order.

(End of clause)

FA0-0015 Inspecting The Site

[EMPTY CLAUSE TEXT]

F A0-0024 Business Management Questionnaire

[EMPTY CLAUSE TEXT]

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

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

{b) Special terms regarding termination for cause. Ifthi contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract fin ncing 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 Government financing. In the event the crontractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. UJ on receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitlec , 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 Offi er 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 <~overnment 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 und r this clause shall-

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

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

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

RFQP021 01300001 Page 7 of 18

(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 ex rcise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercis under this clause or the exercise of any other right, power, or privilege of the Government.

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

(1) The name and address of the Contractor;

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

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

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

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

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

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

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

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

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

(c) Approval and payment of requests.( 1) The Contracto shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or perfo ance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criteri n for which payment is requested has been successfully accomplished in ac cordance with the terms of the contract. The Contractin Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion whic has been or is represented as being payable.

(2) A payment under this performance-based payment c ause is a contract financing payment under the Prompt Payment clause ofthis contract and not subject to the interest penalty provision of the Prompt Payment Act. The designated payment office will pay ap proved requests on the [Contracting Officer insert day a prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the de ignated payment office. However, the designated payment office is notre quired to provide payment if the Contracting Officer re uires substantiation as provided in paragraph (c)( 1) of this clause, or inquires into the status of an event or performance criterion, or i to any of the conditions listed in paragraph (e) of this clause, or into the Con tractor certification. The payment period will not begin ntil the Contracting Officer approves the request.

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

(d) Liquidation of performance-based payments.(!) Pe ormance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a desig ated dollar amount from the delivery payment. If the performance-based fin ance payments are on a delivery item basis, the liquidat on amount for each such line item shall be the percent of that delivery item

RFQP021 01300001 Page 8 of 18 price that was previously paid under performance-based fi ance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidatio shall be by either predesignated liquidation amounts or a liquidation per centage.

(2) If at any time the amount of payments under this contr ct exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by t e 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 of performance-based payme ts. The Contracting Officer may reduce or suspend performance-based pay ments, liquidate performance-based payments by deducti n from any payment under the contract, or take a combination of these ac tions after finding upon substantial evidence any of the fo lowing conditions:

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

(2) Performance of this contract is endangered by the Co tractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

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

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

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

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

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

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

(4) The Contractor may sell any scrap resulting from pr duction under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the va ue 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 pro erty to which title is vested in the Government under this clause, the Contract or shall obtain the Contracting Officer's advance appro a! of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related s 11 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 perform nee), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

RFQP02101300001 Page 9 of 18

( 6) When the Contractor completes all of the obligations u der this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the pro eeds thereof) not--

(i) Delivered to, and accepted by, the Government under t is 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 Gov mrnent-fumished property shall not apply to property to which the Govern ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the overnment, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, exce t to the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of paymen (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the con ract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-b sed payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain cords and controls adequate for administration of this clause. The Contract or shall have no entitlement to performance-based payme ts during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration o 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 he administration of this clause and to determine that an event or other cri terion prompting a financing payment has been success lly accomplished. The Contractor shall give the Government reasonable op portunity to examine and verify the Contractor's records nd to examine and verify the Contractor's performance of this contract for administration of this clause.

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

(k) Reservation of rights. (1) No payment or vesting oft tie under this clause shall--

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

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

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

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

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

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

( 1) The name and address of the Contractor;

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

RFQP02101300001 Page 10 of 18

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

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

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

(m) Content of Contractor's 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:

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

( 1) This request for performance-based payment is true ar d correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the con ract 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 ourse of business;

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

(4) There has been no materially adverse change in the fi ancial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information d ted ; and

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

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998

This contract incorporates one or more clauses by refere ce, 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 a ailable. Also, the full text of a clause may be accessed electronically at this I these address( es):

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984

(a) The use in this solicitation or contract of any F eden Acquisition Regulation ( 48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) a er the date of the clause.

RFQP02101300001 Page 11 of 18

(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 (DEVIATIO after the name of the regulation.

(End of clause)

RFQP021 01300001 Page 12 of 18

Section 4 - List of Attachments

Exhibits and Attachments

This Section Is In entionally Left Blank

RFQP02101300001 Page 13 of 18

Section 5 - Solicitation Provisions

Provisions By Reference

52.2~~-l SOLICIT"\TI()N PROVISIONS INCORPOF A TED BY REFERE:NC~ (FEB 1998)'. ··•·· . ·

. . •;. '•· ''· ,.... . . t··.;:•. .:,,; .. ,::< •• ,... ' nl.i~ ~~icitati~~ iricp~rates one or more solicitation pro isions by reference, with the same fore~~ e!f~t ~ ihli~ ~~~ gi~e~ itt rull t~xt Upon r~uest, the ~ontracting Officer ~ ill make ~eir ·full text availlible; The off~~R~r:is. c~uti~ne4,.~1 the llist~d provisi~ms may include blocks that must be comple ed by the. offeror and submitted with its q\Jp~tion or qffer: fa. lie\1

!of submitting the fu~l, text of those. provisions, the offeror may identify the provisip~.~y paragraph,laeriti:(ier and prdvide the

!appropriate infollllli.ti~n with its quotation or offer. Also, he full text of a solicitatioRpr9visio~ 1lla~b~ ~cessed . > :.:.~,ili\··:::!;::: 1

~~~c~onically at,tlP~fl!ese,address{es): www.acquisition. ov/far

~Ia use [Title

52.250-4 Alt II SAFETY Act Pre-qualification Des gnation Notice. (Feb 2009)- Alternate II (Feb 2009)

52.250-4 Alt I ~AFETY Act Pre-qualification Des gnation Notice. (Feb 2009)- Alternate I (Feb 2009)

52.250-4 pAFETY Act Pre-qualification Des gnation Notice. (Feb 2009)

52.250-3 Alt II SAFETY Act Block Designation I ertification. (Feb 2009) -Alternate II (Feb 2009)

52.250-3 Alt I SAFETY Act Block Designation I ertification. (Feb 2009)- Alternate I (Feb 2009)

52.250-3 pAFETY Act Block Designation I ertification. (Feb 2009)

52.250-2 SAFETY Act Coverage Not Appli able. (Feb 2009)

Provisions By Full Text

52.204-8 Annual Representations and Certifications (F b 2009)

(a)(l) The North American Industry Classification Syste~ (NAICS) code for this acquisition is [insert NAICS code].

{2) The small business size standard is [insert size stand rd].

{3) The small business size standard for a concern whic 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 d d not itself manufacture, is 500 employees.

(b)( 1) If the clause at 52.204-7, Central Contractor Regif'itration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solic · ation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use pa a graph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. Th offeror shall indicate which option applies by checking one of the following boxes:

_ {i) Paragraph {d) applies.

RFQP02101300001 Page 14 of 18

_ (ii) Paragraph (d) does not apply and the offeror has co pleted the individual representations and certifications in the solicitation.

(c)( 1) The following representations or certifications in 0 CA are applicable to this solicitation as indicated:

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision ap lies 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 Sm 11 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 Unite States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Ma ers. 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. T is 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 app ies to solicitations unless the place of performance is specified by the Gov ernment.

(viii) 52.219-1, Small Business Program Representation (Basic & Alternate I). This provision applies to solicitations when the con tract will be performed in the United States or its outlyi areas.

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

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

(ix) 52.219-2, Equal Low Bids. This provision applies t 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 Rep rts. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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

(xii) 52.222-38, Compliance with Veterans' Employme t Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplifie acquisition threshold and the contract is not for acquisition of commercial items.

RFQP02101300001 Page 15 of 18

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

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreemen s--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 2.225-3.

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

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

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

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

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

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

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

(B) For DoD, NASA, and Coast Guard acquisitions, soli itations 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 indicat d by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

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

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

_(A) Basic.

_ (B) Alternate I.

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

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

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

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

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

RFQP021 01300001 Page 16 of 18

_ (ix) 52.227-6, Royalty Information.

_(A) Basic.

_ (B) Alternate I.

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

(d) The offeror has completed the annual representations l nd certifications electronically via the Online Representations and Certifica tions Application (ORCA) website at http://orca.bpn.gov. !t\fter reviewing the ORCA database information, the offeror verifies by sub mission of the offer that the representations and certificatipns currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or up ated within the last 12 months, are current, accurate, complete, and applic able to this solicitation (including the business size standa d applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by refe ence (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 comiPlete as of the date of this offer.

Any changes provided by the offeror are applicable to thi 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 aware 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-

(!) Prepare the price proposal in response to the solicitat on 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 of spe cifications, standards, and commercial item description 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.

RFQP021 01300001 Page 17 of 18

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

(End of provision)

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

The specifications cited in this solicitation may be obtaine 1 from:

(Activity) ________ _

(Complete address)-------------+------------------- (Telephone number) ________ _

(Person to be contacted) _________ _

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

(End of provision)

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

(Activity) ________ _

(Complete address)--------------+------------------- (Telephone number) ________ _

(Person to be contacted) _________ _

(Time(s) for viewing)---------

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Refen nee (Feb 1998)

This solicitation incorporates one or more solicitation pn visions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will mak their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the off ere and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisiof1 by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation proVision may be accessed electronically at this/these address(es):

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions (Apr 19 4)

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

(b) The use in this solicitation of any [insert regulation arne] ( 48 CFR Chapter--,---------') provision with an authorized devi ation is indicated by the addition of (DEVIATION) af~r the name of the regulation.

RFQP02101300001 Page 18 of 18

(End of provision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 990)

In addition to other factors, bids will be evaluated on the b sis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is ssumed, for the purpose of evaluating bids, that $500 would be the admin istrative cost to the Government for issuing and administer ng 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 of provision)

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