RFQP02101400003_MCC_NEW_YORK_2ND_QTR_MEAT_FY14.pdf

MCCNEWYORK

RFQP02101400003 Page 1 of 18

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS ~FQ [R] IS DIS NOT A SMALL BUSINESS

OMB Clearance Control Number : II 03-0018

1. REQUEST NO.

RFQP02101400003 1

2. DATE ISSUED

11/15/2013

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

5a. ISSUED BY

Federal Bureau of Prisons FCI Fort Dix

NE FINANCE CENTER

BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640

5b. FOR INFORMATION CALL_(NO CO

NAME

ECTCALLS

TELEPHONE NUMBER

UNDER BDSA REG. 2

AND/OR OMS REG. 1

6. DELIVER BY (Date) 01/01/2014

7. DELIVERY

[R] FOB DESTINATION D

9. DESTINATION

a. NAME OF CONSIGNEE

Federal Bureau of Prisons

OTHER

(See Schedule)

ARE CODE 'NUMBER

_K_e_v_in_B __ in_du_s----------------------~~--~6_0_9~ ____ _._72_3_l_l_OO __ E_xt_.:_x_5_13_0 ____ ~b.STREETADDRESS

8. TO:

a. NAME I b. COMPA~Y

-==,....,..,.,...=,...,-------------------......L------+--------------------------1 MCC New York

c. STREET ADDRESS BLDG 4 BROOKLYN NAVY yARD

c. CITY

BROOKLYN

d. CITY d. STATE e. ZIP CODE

NY 11232

r.ZIPCODE e. S ATE

10. PLEASE FURNISH QUOTATIONS TO THE

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

12/02/2013

IMPORTANT: This i a request for information, and quotations furnished are not officers. If you are unable to quote, please so indicate or this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incur led in the preparation of the submission of this quotation or to contract for supplies or service.

Supplies are of dom stic origin unless otherwise indicated by quater. Any representations and/or certifications attached

ALL ITEMS MUST BE DELIVERED NO

EARLIER THAN JAN I, 2014, NO

EXCEPTIONS. ALL ITEMS MUST MEET

SPECIFICATIONS.

See Continuation Sheet(s)

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

12. DISCOUNT FOR PROMPT PAYMENT

0.00%

NOTE: Additional provisions and representations [)are [X ] are not a ached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

0.00% 0.00%

4. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

NUMBER 'PERCENTAGE

o 1 o.oo

15. DATE OF

QUOTATION

-c-.""c""o.,.,u""NTY::-:------------------+-----1 a. NAME (Type or print)

b. TELEPHONE

AREA CODE

d. CITY

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

e. STATE I f. ZIP cpoE c. TITLE (Type or print) NUMBER

STANDARD FORM 18 (REV. 6-95)

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

• 'J.

RFQP021 01400003 Page 2 of 18

Section 2 - Commodity or Services Schedule

SCHEDUL E OF SUPPLIES/SERVICES

CbNTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef, Ground, Regular Grind, 80% Lean, USDA Sta dard for 10,000.000000 LB $ $ ground beef per 9 CFR 319.15, delivered Frozen, G pund Beef must consist of ch~ped fresh and/or frozen beef w i ~out seasoning and without the ad ilion of beef fat as such, must n o contain more tha t not contain added water, phosphates, binders, or e tenders.

When beef cheek meat (trimmed beef cheeks his us din the gre~aration Of eround beef, the amount Of SUC CheE kmeatmust e imited to 2 gercent; No Partially Defatted Tissu

No Advanced

Meat Recovere Product (Pink Slimel (NO ORGAN RTONGUE MEAT) Delivered cases must be labe ed 100% Bee or list the in2red1ents on the label and must have the lean to [; t ~ercentaRe.

P ODUCT MUST BE IN SEALED BAGS, NO OPE AGSO

PACKAGING.

0002 Beef, Ground, Patties, 4 oz., IMPS 1136, Frozen, 8( %Lean, 8,000.000000 LB $ $ FrozenF Round in Sh~e, with Paper Seraration or Individual~ Quick rozen, Groun Beef Patties mus consist of hopped resh and/or frozen beef without seasoning and without th addition of beef must not contain more than 20 percent fat, and mus not contain added water, phosphates, binders, or extenders. Nc ~artially Defatted Tissue, No Advanced Meat Recovered Pre uct (Pink Slime), When trimmed beef cheek meat is used in ~ e preparation of ground beef, the amount of such cheek meat mu t be limited to 25 percent; and if in excess of natural proportions, i s presence must be declared on the label, in the ingredient stat ment Delivered cases must be labeled 1 00% Beef or list the ingredi nts on the label and must have the lean to fat percentage

0003 Beef Roast, Raw Beef T~ or Bottom Round (Goos nee~, IMPS 4,000.000000 LB $ $ 168,170, 170A, 171,171 , 171B Frozen, weight ra ge 1 to 281b.

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

0004 Beef for Stewin3, Raw, IMPS 135A, diced pieces m st be sized- 4,000.000000 LB $ $ not less than a /4" cube or not more than a 1-1/2" ube and no individual surface must be more than 2.5 inches in length, the fat thickness of the surface an or seam fat must not exceed 1/4 inch at any point. Packed inc<: ses no smaller than 10 lbs., and no larger than to 40 lbs., Delivere Frozen.

0005 Chicken, Boneless, Skinless, Raw, White Meat (Te der or Breast 1 0,000.000000 LB $ $ Meat), Frozen, A or B qual~ per the USDA, Un1ted States Classes, Standards and Grades for oultry A~ricultural Mar~ eting Service (AMS) 70.200 et seq. Boneless, skin ess breasts m ust e free

Tendons normally associated with tenderloins are . .! ermitted.

Tenderloins or boneless, skinless parts must be fre ~-of blood clots, bruises, cuts, tears, and holes in the muscle tissue. Slight discolorations and separation of the muscle tissue ~. permitted on boneless, skinless parts, provided it does not detra t from the ~pearance of the product. Boneless, skinless part may be diced.

e dicing process must result in size-reduced por ons of meat that are intact, not mutilated, and with surfaces rei;: ively smooth in appearance. Individual size-reduced portions of mE at must be relatively uniform in size and shape, and consisten ~~ith the size reduction process. No Solution or Ingredients Ad~~ , Un-breaded.

Packed in poly bBJI boxes. All packaging and packi rg materials must be clean an in new condition.

0006 Chicken, Leg Quarter, Raw Rea~ to Cook, Froze . U.S. Grade A, 38,000.000000 LB $ $ U.S. Standards, and Grades for oultry, Un-bread d. "Leg quarter" consists of a poultry thigh and drumstick, with a portion of the back attached. Delivered amo nts are to be uniform in portion size and not random sizing. Quo es must identify portion size being offered. Leg Quarter portion size not to be smaller than 12 ounces and not to exceed 20 ounc ~s. Packed in po~ bag boxes. All packaging and packing materi;: I s must be clean an in new condition.

0007 Chicken Pa~, Breaded, All White Meat, (Not Mec anically 1 0,000.000000 LB $ $ Separated, omminuted Meat) Breading set in ve e table oil, Weight Ranie: 3.5 to 4.2 oz. Individually Quick Frc z en, Uniform in shape, CID -A-

20276A, szle A & B. Meat bWhole muscle or Chu ked and formed, 1/2 inch cu e orgreater(9 FR § 381.171(f}))T~~~ b (100 percent white meat), Combined breading and added mgrec i ents may not

RFQP02101400003 Page 3 of 18 exceed 30% b~ weight, finished meatgroduct may n t contain more than 3.5 o non-meat binders an extenders (s u has nonfat dry milk, cereal, or dried whole milk) or 2% isolated s y protein may be used, but must be shown in the mgredients state ent on the product's label by its common name. All ingredients i the product must be listed in the ingredients statement 1n order 0 predominance, from highest to lowest amounts in a c ordance with the USDA Food Safety Inspection Service (FSIS) F o d Standards and Labeling Policy.

0008 Turk~, Boneless, Roast, Raw, Natural, Boned Roll e and Tied, 3,000.000000 LB $ $ nette or in roasting pack, 8-12 lb Range, Breast M at (Minimum) 50%, Skin (Maximum) 12.5%, Sodium bel must content per 4 oz. servmR must not exceed 200 mg, have nutritional informa 1on I

0009 Turkey Ham, Frozen, Fully Cooked Chunked and F o med, \No 1,000.000000 LB $ $ ~ound, MST or Comminuted meat) No More than 2 %Waer dded, (No Turkey Ham Picnics), All ingredients in the product must be listed in the in redients statement in order of predominance, from h~hest to owest amounts in accordance with the USDA Foo Safety nspection Service (FSIS) Food Standards and Labeling Policy

0010 Hotdogs, Beef, Skinless, Cooked, 10 Hotdo~s per I b finished 3, 000.000000 LB $ $ products may not contain more than 30% fa or no ore than 10% water, or a combination of 40% fat and added wale r The finished product may not contain more than 3.5% non-meat binders and extenders ~such a nonfat dry milk, cereal, or dried whole milk) or 2% isola ed soy rotein may be used, but must be shown in the ingredients stateme ton the product's label by its common name. All ingredients n the product must be listed in the ingredients statement in order f gredominance, from highest to lowest amounts in a cordance with he USDA Food Safety Inspection Service (FSIS) S ndards and

Labeling Policy.

0011 Kielbasa, Polish Sausage, Beef, Turkey or Chicken (or 6,000.000000 LB $ $ combination of), 4 oz. Lmk, 4 oz. Rope cuts or bulk ope Link, Artificial or non-pork collagen casing, Fully Cooked, rozen, finished products may not contain more than 3.5% on-meat binders and ext cereal, or dried whole milk) or 2% isolated so~ erot n ma0 be used, but must be shown in the ingredients s a erne I on he product's label by its common name. All ingredients in the product must be listed in the ingredients statement 1n order f gredominance, from highest to lowest amounts in a cordance with he USDA Food Safety Inspection Service (FSIS) F od Standards and Labeling Policy.

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

A ingredients in the product must be listed in the i gradients statement in order of predominance, from h~hest I lowest amounts in accordance with the USDA Foo Safe Inspection Service rsiS) Food Standards and Labeling Polic . 2 oz. Patties or 2 oz. inks (Bidder must specify patty or hnk)

0013 Bologna, Beef and Turkey or Chicken, Artificial Ca ing 4" to 5" 1,000.000000 LB $ $ Diameter, Frozen, Finished .eroducts may not coni in more than 30% fat or no more than 10 Yo water, or a combinati n of 40% fat and added water, The finished product may not contain more I an 3.5% non-meat binders and extenders (such as nonfat d milk, cereal, o dried whole milk) or 2% isolated soy protein may b used, but must be shown in the mpredients statement on the prod ct's label by its common name. AI inpredients in thecfcroduct must e listed in the ingredients statemen in order of pre ominance, fr m highest to lowest amounts in accordance with the USDA FSI Fooa Standards and Labeling Policy.

0014 Bologna, Turkey and or Chicken, Artificial Casing " to 5" Diameter, 1, 000.000000 LB $ $ Frozen, Finished products may not contain more I an 30% fat or no more than 10% water, or a combination of 40% fat nd added water, Finished product may not contain more than 3.5% on-meat binders and extenders ~such as nonfat dry milk, ce eal, or dried whole milk) or 2% isola ed soy protein may be use • but must be shown in the ingredients statement on the product' label~ its common name. All ingredients in the cfcroduct must b e lisle in the ingredients statement in order of pre ominance, fr m highest to lowest amounts in accordance with the USDA Foo Safe~ Inspection Service (FSIS) Food Standards and La eling olicy.

RFQP021 01400003 Page 4 of 18

0015 Meatball, Beef, 1 oz., Fully Cooked, Frozen, No Mo ~than 20% 2,000.000000 LB $ $ Added Ingredients, No Organ Meat, finished produc may not contain more than 3.5% non-meat binders and exte ders (such as nonfat dry milk, cereal, or dried whole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients stateme I on the product's label by its common name, All ingredients n the product must be listed in the ingredients statement 1n order f predominance, from highest to lowest amounts.

0016 Burritos, Prepared, Frozen, Beef and Bean w/ redo green chilies, 14,400.000000 LB $ $ Oven Ready, 5-6 Oz, CID A-A-20292, Type II, Fla orB & E, The prepared burritos shall have a flour tortilla rolled around the filling and have tucked end!

shall have the characteristic color for the flavor of b

. The filling rrito. There shall be no foreign color to the product.

RFQP02101400003 Page 5 of 18

Section 3 - Contract Clauses

Government (Services) (Short Form) (Apr 1984)

Government (Fixed Price) (Short Form) (Apr 1984)

Claim (Oct 2004)

(July 2002)- Alternate (Dec 1991)

RFQP02101400003 Page 6 of 18 vlause rritle

52.232-25 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 ~orkers' Compensation and War- azard Insurance Overseas (Apr 1984)

52.225-13 ~estrictions on Certain Foreign P u chases (June 2008)

52.223-2 ~ffirmative Procurement of Bioba s~d Products Under Service and Construction Contracts. (Dec 2007)

152.222-50 !combating Trafficking in Persons Feb 2009)

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

~2.216-20 petinite Quantity (Oct 1995)

152.216-19 prder Limitations (Oct 1995)

~2.216-18 prdering (Oct 1995)

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

~2.208-9 !contractor Use of Mandatory Sou ces of Supply or Services (Oct 2008)

152.204-7 ~entral Contractor Registration (J pr 2008)

152.204-2 !security Requirements (Aug 1991 )

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by his contract will not be accepted unless the variation has been caused by con-ditions of loading, shipping, or packing, or allowances i 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:

1 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 desigr 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 t ination.

(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

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

RFQP02101400003 Page 7 of 18 work called for by this contract for a period of 90 days a ter 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 with its terms and take all reasonable steps to minimize the incurrence of costs al locable to the work covered by the order during the 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 o 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 provide 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 cance ed or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make n equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, i -

(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 wit in 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, t e 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 co ered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resultin from the stop-work order in arriving at the termination settlement.

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

(End of clause)

FA0-0015 Inspecting The Site

[EMPTY CLAUSE TEXn

F A0-0024 Business Management Questionnaire

[EMPTY CLAUSE TEXn

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

(a) Contractor entitlement to financing payments. The on tractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: t e 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 secu ty under this contract.

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

(c) Security for Government financing. In the event the ontractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. U on receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitle , in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the se urity 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 o 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 f the parties under the contract.

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

RFQP02101400003 Page 8 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 act or order under which the request is made; and

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

(f) Limitation on frequency of financing payments. Contr tor 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 of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount of payments and limitations on payments. Su ~ect 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 (l) 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 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 re ires 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.( l) 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 price that was previously paid under performance-base finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquida ion shall be by either predesignated liquidation amounts or a liquidation per centage.

RFQP02101400003 Page 9 of 18

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

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

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

(2) Performance of this contract is endangered by the C

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

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

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

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

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

(iv) Drawings and technical data, to the extent the Cont 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 und r this clause, other applicable clauses of this contract (e.g., the termina tion clauses) shall determine the handling and dispositi 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 1 of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related sh ll 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.

( 6) When the Contractor completes all of the obligation under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the roceeds thereof) not--

RFQP02101400003 Page 10 of 18

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

(g) Risk of loss. Before delivery to and acceptance by the ovemrnent, 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 ofpaymen (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 e administration of this clause and to determine that an event or other cri terion prompting a financing payment has been success ly 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.

U) Special terms regarding default. If this contract is te ina ted 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 £ r no payment except as provided by the Default clause.

(k) Reservation of rights. {1) No payment or vesting off le 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 cia 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 d 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;

{3) The contract number and/or other identifier of the c ntract or order under which the request is made;

RFQP02101400003 Page 11 of 18

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

(5) A certification by a Contractor official authorized to pind 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 nd correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the co tract 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 ordinal") course of business;

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

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

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

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 199 )

This contract incorporates one or more clauses by refen nee, 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 Federa Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi ation is indicated by the addition of (DEVIATION) af er 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 (DEVIA ION) after the name of the regulation.

(End of clause)

RFQP02101400003 Page 12 of 18

Section 4 - List of Attachments

Exhibits and Attachments

This Section Is ln1tentionally Left Blank

Section 5 - Solicitation Provisions

Provisions By Full Text

52.204-8 Annual

(a)(l) The North American Industry Classification

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

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

RFQP02101400003 Page 13 of 18

(Feb 2009) -Alternate II (Feb 2009)

(Feb 2009) -Alternate I (Feb 2009)

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

submits an offer in its own name, other than on a construction or service con not itself manufacture, is 500 employees.

(b )(I) If the clause at 52.204-7, Central Contractor KeJi!;lstratJ.on, is included in this solicitation, paragraph (d) of this provision applies.

(2) Ifthe clause at 52.204-7 is not included in this ORCA electronically, the offeror may choose to use representations and certifications in the solicitation.

boxes:

_ (i) Paragraph (d) applies.

,,.u,.tum and the offeror is currently registered in CCR, and has completed the

(d) of this provision instead of completing the corresponding individual offeror shall indicate which option applies by checking one of the following

RFQP02101400003 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)(l) The following representations or certifications in 0 CA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate oflndependent 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 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 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 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 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 pr 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.

RFQP021 01400003 Page 15 of 18

(xiii) 52.223-1, Biobased Product Certification. This pro ision applies to solicitations that require the delivery or specify the use of USDA--designated items; or include the clause at 52.22 -2, Affirmative Procurement ofBiobased Products Under Service and Con struction Contracts.

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

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

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

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

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

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

(xvii) 52.225-6, Trade Agreements Certificate. This pro ision 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 and Minority Institution Representation. This provision applies to--

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

{B) For DoD, NASA, and Coast Guard acquisitions, sol" itations 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 indicat d by the Contracting Officer:

{Contracting Officer check as appropriate.]

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

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

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

_(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 S rvice Contract Act to Contracts for Certain Services--Certification.

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

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

RFQP02101400003 Page 16 of 18

_ (ix) 52.227-6, Royalty lnfonnation.

_(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 nd certifications electronically via the Online Representations and Certifica tions Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database infonnation, the offeror verifies by sub mission of the offer that the representations and certificat ons 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 stan rd applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by refi ence (see FAR 4.1201); except for the changes identified below. [offeror to insert changes, identifying change by clause number, tit/ date]. These amended representation(s) and/or certification(s) are also in corporated in this offer and are current, accurate, and co plete as of the date ofthis offer.

Any changes provided by the offeror are applicable to th s 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 Practic Changes (Apr 2005)

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

Yes

No

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

(1) Prepare the price proposal in response to the solicita on using the changed practice for the period of perfonnance for which the practice will be used; and

(2) Submit a description of the changed cost accounting ractice 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 G A Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standard 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 01400003 Page 17 of 18

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

(End of provision)

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

The specifications cited in this solicitation may be obtaim d from:

(Activity) ________ _

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

(Person to be contacted)---------

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

(End of provision)

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item 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 pr 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 offerc and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisio11 by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation pro ision 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 datf of the provision.

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

RFQP02101400003 Page 18 of 18

(End of provision)

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

In addition to other factors, bids will be evaluated on the asis 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 the lowest aggregate cost to the Government, including the assumed ad ministrative costs.

(End of provision)