RFQP02101300031__1ST_QTR_MEAT_FY14.pdf

M!tN W E YORK • QP02101300031 Page 1 of 17

REQUEST FOR QUOTATION THIS RFO [R] IS D IS NOT A SMALL BUSINESS OMB Clearance Control (THIS IS NOT AN ORDER) Number: 1103-0018

1. REQUEST NO. 12.DATEISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF. RATING

RFQP02101300031 08/05/2013

UNDER BDSA REG. 2

AND/OR OMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

Federal Bureau of Prisons FCI Fort Dix 7. DELIVERY

NE FINANCE CENTER [R] FOB DESTINATION D OTHER

BLDG 5756 HARTFORD ROAD

(See Schedule)

FORT DIX, NJ 08640 9. DESTINATION

5b. FOR INFORMATION CALL NO COLlECT CALLS) a. NAME OF CONSIGNEE

NAME TELEPHONE NUMBER

AREA CODE I NUMBER Federal Bureau of Prisons

Kevin Bindus 609 7231100 Ext.: x5130

b. STREET ADDRESS

8. TO:

a. NAME I b. COMPANIY

MCC New York c. STREET ADDRESS

BLDG 4 BROOKLYN NAVY YARD

c. CITY

BROOKLYN

d. CITY e. srATE r.ZIPCODE d. STATE e. ZIP CODE

NY 11232

10. PLEASE FURNISH QUOTATIONS TO THE

IMPORTANT: This i~ a request for information, and quotations furnished are not officers. If you are unable to quote, ISSUING OFFICE IN BLOCK 5a ON OR

BEFORE CLOSE OF BUSINESS (Date) please so indicate on: this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.

08/2112013 Supplies are of domastic origin unless otherwise indicated by quoter. Any representations and/or certifications attached

11. SCHEDULE (lnclu e aoolloable Fede<al Stale and looa~ ~ ITEMJil?:· ... · :·· : SUPPLIESISE:RVICES : .. ,.,.:

QUANTI,:¥ UNIT UNIT p I;X . ' '~'l",i'i\,i . ' <el · ' · I ~· ,, (a) . , ·.·· ,;!:!:· ·' , .. (b)•·

I ' (d) <•) . V·' • ' :

MCCNEWYORK ISTQTRMEATFY 14

ALL ITEMS MUST BE DELIVERED NO

EARLIER THAN OCT I, 2013, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICATIONS.

See Continuation Sheet(s)

a. 10 CALENDAR DAYS(%)

12. DISCOUNT FOR PROMPT PAYMENT

0.00%

NOTE: Additional provisions and representations [ 1 are [ X 1 are not atjached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

I

e. STATE I f. ZIP CODE

b. 20 CALENDAR DAYS(%) c. 30 CALENDAR DAYS(%) d. CALENDAR DAYS

NUMBER rERCENTAGE

0.00% 0.00% 0 0.00

4. SIGNATURE OF PERSON AUTHORIZED TO SIGN 15. DATE OF

QUOTATION

a. NAME (Type or print)

c. TITLE (Type or print)

QUOTATION

16. SIGNER

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95)

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

0 .FQP02101300031 Page 2 of 17

Section 2 - Commodity or Services Schedule

SCHEDULe OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Fish, Tuna,l~ht Meat, Chunk, Packed in Water, CID A-A-20155C, 60.000000 cs $ $ Type A orB, arm 1, Color A, Packing Media 1, Sat/sodium level A, 6 - 66.5 oz. Cans or 6-22 oz. Dry Packed Flexible Pouches per case • Quote must specify if quoting on cans or pouches.

0002 Beef, Ground, Regular Grind, 80% lean, USDA Standard for 10,000.000000 LB $ $ ground beef per 9 CFR 319.15, delivered Frozen, ~round Beef must consist of ch~ped fresh and/or frozen beef . thou! seasoning and without the ad ilion of beef fat as such, must not contain more than 20% of fat and must not contain added water, phosghates, binders, or extenders. When beef cheek meat (trimmed eef cheeks) is used in the preparation of %round beef, the amount of such cheek meat must be limited to 2 percent; No'Partial~ Defatted Tissue, No Advanced Meat Recovered Product ( ink Slime) (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled 100% Beef or list the ingredients on the label and must have the lean to fat percenta~. PRODUCT MUST BE IN SEALED

BAGS, NO OPEN BAGS OR ACKAGING.

0003 Beef, Ground, Patties, 4 oz., IMPS 1136, Frozen, 80% lean, 4,000.000000 LB $ $ Frozen, Round in Shape, with Paper Separation or;lndividually Quick Frozen, Ground Beef Patties must consist of chopped fresh and/or frozen beef without seasonin~ and without the addijion of beef fat, must not contain more than 2 percent fat, and mu$1 not contain added water, phosphates, binders, or extenders. Np Partially Defatted Tissue, No Advanced Meat Recovered Prtduct (Pink Slime), When trimmed beef cheek meat is used in e preparation of ground beef, the amount of such cheek meat m~t be limited to 25 percent; and if in excess of natural proportions, Is presence must be declared on the label, in the ingredient sta~ement Delivered cases must be labeled 1 00% Beef or list the ingred ents on the label and must have the lean to fat percentage.

0004 Beef Roast, Raw Beef T~ or Bottom Round (Goosenec~, IMPS 4,000.000000 LB $ $ 168,170, 170A, 171,171 , 171B Frozen, weight range 1 to 281b.

Sodium content per 4 oz. serving must not exceed 2 0 mg .. Quote MUST indicate actual IMPS & average roast weight of quoted item.

0005 Beef for Stewin~, Raw, IMPS 135A, diced pieces must be sized-not less than a /4" cube or not more than a 1-1/2 '1cube and no

4,000.000000 LB $ $

individual surface must be more than 2.5 inches in length, the fat thickness of the surface and or seam fat must not exceed 1/4 inch at any point. Packed in c$ses no smaller than 10 lbs., and no larger than to 40 lbs., Delivered Frozen.

0006 Chicken, Boneless, Skinless, Raw, White Meat (Tender or Breast 10,000.000000 LB $ $ Meat), Frozen, A orB quali»; per the USDA, Umte~ States Classes, Standards and Grades for oultry Agricultural Marketing Service

(AMS) 70.200 et seq. Boneless, skinless breasts must be free of cartila~e and fat. Boneless breasts (excluding the !)ttached tende oin) must be free of tendons. Tendons normally associated with tenderloins are rermitted. Tenderloins or bon!11ess, skinless parts must be free o blood clots, bruises, cuts, teats, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue is permitted on boneless, skinless~arts, provided it does not detract from the appearance of the pro uct. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are mtact, not l!,)ulilated, and with surfaces relatively smooth in appearance. lndiwidual size-reduced portions of meat must be relatively u~iform in size and shape, and consistent with the size reduction proc ss. No Solution or Ingredients Added, Un-breaded. Packed in poly 1bag boxes. All packaging and packing materials must be clean arfj in new condition. !

0007 Chicken, leg Quarter, Raw Read~ to Cook, Froze~ U. S. Grade A, 25,000.000000 LB $ $ U. S. Standards, and Grades for oult~t.' Un-bread d. lep quarter" consists of a poultry thigh and drumstic , with a po~ion o the back attached. :

leg Quarter portion size not to be smaller than 12 punces and not to exceed 20 ounces. Delivered amounts are to bel uniform in portion size and not random sizing. Bid Quotes mu~t identify portion size being offered. leg Quarter portion size not to e smaller than 12 ounces and not to exceed 20 ounces. Packed i~ po~ bag boxes.

All packaging and packing materials must be clean an in new condition.

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0008 Chicken Pa~, Breaded, All White Meat, (Not Mechanically 4,000.000000 LB $ $ Separated, omminuted Meat) Breading set in vegetable oil, Weight Ranie: 3.5 to 4.2 oz. Individually Quick Fro2jen, Uniform in shape, CID -A-

20276A, St61e A & B, Meat tWhole muscle or Chunked and formed, 1/2 inch cu eorgreater(9 FR § 381.171(f))) Type!b (100 percent white mea~ Combined breading and added Ingredients may not exceed 30 o bz weight, finished meatgroduct may not contain more than 3.5 Yo non-meat binders an extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the mgredients statement on the product's label by its common name. All inQredients 1in the product must be listed in the ingredients statement m order ¢lf gredominance, from highest to lowest amounts in a¢cordance with he USDA Food Safety Inspection Service (FSIS) F<i>od Standards and Labeling Policy.

0009 Turk~, Boneless, Roast, Raw, Natural, Boned Ro~d and Tied, 3,000.000000 LB $ $ nette or in roasting pack, 8 -121b Range, Breast eat (Minimum) 50%, Skin (Maximum) 12.5%, Sodium contect per 4 oz sarvin~ must not exceed 200 m~, Label must have nutritional information o include sodium conten per serving.

0010 Turkey Ham, Frozen, Fully Cooked Chunked and F¢lrmed.(No 2,000.000000 LB $ $ round, MST or Comminuted meat) No More than 20% Water dded, (No Turkey Ham Picnics), All ingredients in the product must be listed in the ir1Qredients statement in order of predominance, from the hi~hest to lowest amounts in accordance with the USDA Food Sa ely Inspection Service(FSIS) FOOD Standards and Labeling Policy.

0011 Hotdogs, Beef, Skinless, Cooked, 10 Hotdo~s per I ill, finished 4,000.000000 LB $ $ products may not contain more than 30% fa or no more than 1 0% water, or a combination of 40% fat and added water, The finished product may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2"/o isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name. All ingredients in the product must be listed in the in~rtldients statement in order of predominance, from h~hes to lowest amounts in accordance with the USDA Foo Safety Inspection Service (FSIS) Standards and Labeling Policy. ·

0012 Breakfast Sausa~e, Beef, Turkey or Chicken,(or combination of), 1,000.000000 LB $ $ Frozen, (No mec anically separated, Comminuted meat), finished products may not contain more than 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the in~redients statement on the product's label by its qommon name.

AI ingredients in the product must be listed in the ingredients statement in order of predominance, from h~hest t<l> lowest amounts in accordance with the USDA Foo Safety Inspection Service f_FSIS) Food Standards and Labelin9 Polic~. 2 oz. Patties or 2 oz. inks (Bidder must specify patty or hnk) ·

0013 Meatball, Beef, 1 ozN Fully Cooked, Frozen, No More than 20% 2,500.000000 LB $ $ Added Ingredients, o Organ Meat, finished produ¢t may not contain more than 3.5% non-meat binders and extejnders (such as nonfat dry ' milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product's label by its common name, All inQredient$ in the product must be listed in the ingredients statement m order of predominance, from highest to lowest amounts

0 .QP02101300031 Page 4 of 17

Section 3 - Contract Clauses

Claim (Oct 2004)

1991) ment Payments for Commetcialltems (Oct 1995)

0 ~QP02101300031 Page 5 of 17 vlause rritle

~2.232-25 Prompt Payment (Oct 2008)

52.232-17 Interest (Oct 2008)

52.232-11 Extras (Apr 1984)

52.232-1 Payments (Apr 1984)

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

52.225-13 Restrictions on Certain Foreign Purchases (June 2008) p2.223-2 f',ffirmative Procurement of Biobaslld Products Under Service and Construction Contracts. (Dec 2007)

52.222-50 Combating Trafficking in Persons ~Feb 2009)

52.222-1 Notice to the Government of Labo~ Disputes (Feb 1997)

52.216-20 pefinite Quantity (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-18 brdering (Oct 1995)

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

52.208-9 Contractor Use of Mandatory Sou~es of Supply or Services (Oct 2008)

52.204-7 Central Contractor Registration (Apr 2008)

52.204-2 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 tl)is contract will not be accepted unless the variation has been caused by con ditions of loading, 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:

I 0 Percent increase

1 0 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-

(!) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

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

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

(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the

0 .FQP02101300031 Page 6 of 17 work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specific*lly identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply withl its terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the peri~d of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period !to which the parties shall have agreed, the Contracting Officer shall either--

( I) Cancel the stop-work order; or

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

(b) If a stop-work order issued under this clause is canc(jled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make l,ln 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 tim¢ required for, or in the Contractor's cost properly allocable to, the perform ance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, ifthe Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

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

(d) If a stop-work order is not canceled and the work co{rered by the order is terminated for default, the Contracting Officer shall al low, by equitable adjustment or otherwise, reasonable c6sts 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 of Commercial Items (Feb 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: tqe 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 oftheiclause at 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Security for 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 entitleq, 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 Offi4er 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.

(I) No payment or other action by the Government unddr this clause shall-

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

(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 clause-

0 .FQP021 01300031 Page 7 of 17

(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 exerc1se under this clause or the exercise of any other right, power, or privilege of the Government. ·

(e) Content of Contractor's request for financing paymek 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 contract or order under which the request is made; and

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

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

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment of:(ice 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 the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount of payments and limitations on payments. S~bject 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 of performance-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 payment~ in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The qontractor'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 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 criteripn 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 ct. use is a contract financing payment under the Prompt Payment clause of this 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 not re quired to provide payment if the Contracting Officer reqpires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or in(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.

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(3) The approval by the Contracting Officer of a reques1or performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from piformance of obligations under this contract.

(d) Liquidation of performance-based payments.( 1) Peirmance-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 liquidati n amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidadon shall be by either predesignated liquidation amounts or a liquidation per-centage. ·

0 ~QP02101300031 Page 8 of 17

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

(e) Reduction or suspension of performance-based paymerzts. The Contracting Officer may reduce or suspend performance-based pay ments, liquidate performance-based payments by deducti9n from any payment under the contract, or take a combination of these ac tions after finding upon substantial evidence any of the fop owing 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 Co~tractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor 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 c9ntract, for property acquired or produced before that date. Otherwise, vestit ure shall occur when the property is or should have been l!lllocable or properly chargeable to this contract.

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

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

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

I

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

(iv) Drawings and technical data, to the extent the Contr*tor or subcontractors are required to deliver them to the Government by oth-er clauses of this contract. 1

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

I

(4) The Contractor may sell any scrap resulting from pro~uction under this contract, without requesting the Contracting Officer's ap proval, provided that any significant reduction in the val~e of the property to which the Government has title under this clause is re-ported in writing to the Contracting Officer. 1

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(5) In order to acquire for its own use or dispose of prop rty to which title is vested in the Government under this clause, the Contract or shall obtain the Contracting Officer's advance approv of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related sha I 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 performa ce ), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

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( 6) When the Contractor completes all of the obligations ~nder this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the p~oceeds thereof) not--c

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

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~QP02101300031 Page 9 of 17

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

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(7) The terms of this contract concerning liability for Gov~rnment-furnished property shall not apply to property to which the Govern-ment acquired title solely under this clause. 1

(g) Risk of loss. Before delivery to and acceptance by the tovemment, the Contractor shall bear the risk ofloss for property, the title to which vests in the Government under this clause, excep to the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of paymentf(the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contact 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 r~cords and controls adequate for administration of this clause. The Contract or shall have no entitlement to performance-based paymer)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 ~romptly furnish reports, certificates, financial statements, and other pertin ent information requested by the Contracting Officer for tl).e administration of this clause and to determine that an event or other cri terion prompting a financing payment has been successful)y accomplished. The Contractor shall give the Government reasonable op portunity to examine and verify the Contractor's records a*d to examine and verify the Contractor's performance of this contract for administration of this clause. I

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performanqe-based payments, and (2) title shall vest in the Contractor, on full liquida 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.

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

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

(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~--

I

(i) Shall not be exclusive, but rather shall be in addition to lany 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 exercise! under this clause or the exercise of any other right, power, or privilege of the Government. 1

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

I

(1) The name and address of the Contractor;

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

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

0 I Ao21013ooo31

( 4) Suoh infunnotion ond docwnontotion " ;, requi<od by jho oontraot'' d"'oription of tho b"i' fo' poymont; ond

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

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(m) Content of Contractor's certification. As required in ptragraph (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-- I

(I) This request for performance-based payment is true an~ 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 , a~l payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary cpurse of business;

(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 wofld affect or impair the Government's title;

(4) There has been no materially adverse change in the fin~ncial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dared ; and

( 5) After the making of this requested performance-based rayment, the amount of all payments for each deliverable item for which performance-based payments have been requested will no exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

I

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal cquisition Regulation (48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) afte 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 (DE VIA TI N) after the name of the regulation.

(End of clause)

0 ~P02101300031 Page 11 of 17

Section 4 • List of Attachments

Exhibits and Attachments

This Section Is In entionally Left Blank

Section 5 • Solicitation Provisions

Provisions By Full Text

52.204-8 Annual

(a)( I) The North American Industry Classification

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

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

(b)(l) If the clause at 52.204-7, Central Contractor

R~02101300031 Page 12 of 17

(NAICS) code for this acquisition is [insert NAICS code].

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

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

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

_ (i) Paragraph (d) applies.

0 ~P02101300031 Page 13 of 17

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

(c)(!) 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 uisition procedures in Part 13;

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

(C) The solicitation is for utility services for which rates re 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 ll 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 Mat 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 apples 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 outlyin areas.

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

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

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

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

(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 cquisition threshold and the contract is not for acquisition of commercial items.

0 ~P02101300031 Page 14 of 17

(xiii) 52.223-1, Biobased Product Certification. This prov· 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 pr vision applies to solicitations that are for, or specify the use of, EPA -designated items.

(xv) 52.225-2, Buy American Act Certificate. This provis"on applies to solicitations containing the clause at 52.225-l.

(xvi) 52.225-4, Buy American Act--Free Trade Agreeme 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 provi ion applies to solicitations containing the clause at 52.225-5.

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

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

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

(B) For DoD, NASA, and Coast Guard acquisitions, solic tations 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 indicate 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 fo 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 o Child Labor for Listed End Products.

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

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

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

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

0 ~P02101300031 Page 15 of 17

_ (ix) 52.227-6, Royalty Information.

_(A)Basic.

_(B) Alternate I.

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

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

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

(End of provision)

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

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

Yes

No

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

(1) Prepare the price proposal in response to the solicitatio 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 pr tice 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 ndex of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards an Commercial Item Descriptions, FPMR Part 101-29, and copies of spe cifications, standards, and commercial item descriptions cit d 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.

0 .P02101300031 Page 16 of 17

(b) If the General Services Administration, Department of 1\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) of th s provision. Additional copies will be issued for a fee.

(End of provision)

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

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

(Activity) ________ _

(Completeaddress)_-------------+------------------ {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 Referer ce (Feb 1998)

This solicitation incorporates one or more solicitation pro isions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make heir full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror ~nd submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation prov sion 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 198 )

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

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

0 QQP02101300031 Page 17 of 17

(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 as is of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It i assumed, for the purpose of evaluating bids, that $500 would be the admin istrative cost to the Government for issuing and administ ring each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result i the lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End of provision)