FY_2014_-_2ND_QTR_MEAT_SUBSISTENCE.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.D. Box 5666 YazooCity, Mississippi 39194

November 15, 2013

Dear Quoters:

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi, Contracting Office, for the acquisition of Meat Subsistence for the 2nd Quarter of FY 2014. This package contains all the necessary information for submitting a request for quote for evaluation.

In submitting the request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quote.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 which this clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the System for Award Management (S.A.M.) database. Quoters should include their Data Universal Number System (DUNS) number into the SAM database.

Quotes shall be received on or before the deadline of December 10,2013,2:00 pm Central Daylight Time, via mail or fax.

MAILED quotes shall be submitted to the following address:

Barbara McMaster, Contract Specialist Federal Bureau of Prisons Federal Correctional Complex P. O. Box 5666 Yazoo City, MS 39194

HAND CARRIED:

Barbara McMaster, Contract Specialist Federal Bureau of Prisons Federal Correctional Complex 2225 Haley Barbour Parkway Yazoo City, MS 39194

FAXED:

Barbara McMaster, Contract Specialist 662-716-1024

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE

Quotes received after the deadline will not be considered. Please submit any questions you may have in writing and fax them to 662-716-1024 or to my email at kstiff@bop.gov. We will consider all questions received and provide responses, where appropriate. If you have any other questions, please feel free to call at 662-716-1020 ext. 4043.

Sincerely, //s// Barbara McMaster, Contract Specialist

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

RFQP03151400007

1103-0018

6. SOLICITATION ISSUE

DATE

11115/2013

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

RFQP03151400007

2. CONTRACT NO.

Barbara McMaster

a. NAME

7. FOR SOLICITATION

INFORMATION CALL:

b. TELEPHONE NUMBER (No col/ectcal/s) 8. OFFER DUE DATE / LOCAL

TIME

662-716-1020 x4040 12110/201314:00:00

9. ISSUED BY CODE SET ASIDE: % FOR

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

CONTRACTING OFFICE

YAZOO CITY, MS 39194

10. THE ACQUISITION IS

o D D

HUBZONE SMALL

BUSINESS

SERVICE·DISABLED

VETERAN'()WNED

SMALL BUSINESS

UNRESTRICTEDOR

D D D 8(A)

EDWOSB

WOMEN.QWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN·OWNED

SMALL BUSINESS PROGRAM NAICS: 311991

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS

UNLESS BLOCK IS MARKED

D SEE

SCHEDULE

NET 30

SMALL BUSINESS

D 13a. THIS CONTRACT ISA

RATEDORDER UNDER DPAS

(15 CFR 700)

SIZE STANDARD: E02

CODE

4. METHOD OF SOLICITATION

~RFQ D IFB

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

ATTN: FOOD SERVICEWAREHOUSE

YAZOO CITY, MS 39194

6. ADMINISTERED BY

L--------1 Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE

17a. CONTRACTOR!

OFFEROR

CODE

TELEPHONE NO.

8a. PAYMENTWILL BE MADE BY

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

ATTN: ACCOUNTANT OFFICE

YAZOO CITY, MS 39194

CODE

MEAT SUBSISTENCE

FY 2014 - 2ND QUARTER

JANUARY 01, 2014 TO MARCH 31, 2014

TIN _

DUNS __

See Continuation Sheet(s) ( UseReverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ARE

ARE

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 ISATTACHED. ADDENDA

ARE NOT ATTACHED

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER DA

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDINGANY ADDITIONS OR

CHANGESWHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENTAND RETURN COPIES TO

ISSUING OFFICE. CONTRACTORAGREES TO FURNISH AND DELIVERALL l'i'alSSET FORTH

OR OTHERWISE IDENTIFIEDABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

30a. SIGNATURE OF OFFEROR!CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30e. DATE SIGNED

11115/2013

31c. DATE SIGNED

Barbara McMaster

31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP03151400007 Page 2 of 38

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAMEAND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

DCOMPLETE DPARTIAL DFINAL

IPARTIAL I IFINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVEDAT (Location)

42c. DATE REC'D (VYIMMIOO) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

Section

RFQP03151400007 Page 3 of 38

Table of Contents

Description

Solicitation/Contract Form 1 Commodity or Services Schedule 4 Contract Clauses 7

52.211-16 Variation InQuantity (Apr 1984) 11 52.204-99 System for Award Management Registration (September 2012) (DEVIATION) 12 52.212-4 Contract Terms and Conditions--Commercialltems (June 2010) 7 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercialltems (Aug 2011) 17 52.232-25 Prompt Payment (Oct 2008) 13

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012) 17

List of Attachments 24 Solicitation Provisions 25

52.212-3 Offeror Representations and Certifications--Commercialltems (Aug 2009) 28

52.27-103-71 FAITH-BASED AND COMMUNITY-BASEDORGANIZATIONS (AUG 2005) 28

52.212-1 Instructions to Offerors--Commercialltems (June 2008) 25

RFQP03151400007 Page 4 of 38

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Beef Roast, Raw Beef Top or Bottom Round(Gooseneck~ IMPS 15,000.000000 LB $ $ 168,170, 170A, 171, 171A, 171B, Frozen, wei~ht ranae 81b and down. QUOTE MUST INDICATEACTUAL 1M S AN AVERAGE

ROASTWEIGHT OF QUOTED ITEM.

{RAW}

0002 Chicken, Leg Quarter, Raw ReaWcto Cook, Frozen, U.S. Grade A, 35,000.000000 LB $ $ U.S. Standards, and Grades for oultry, Un-breaded. "Le~ quarter" consists of a poultry thigh and drumstick, with a portion of e back attached.

Delivered amounts are to be uniform in portion size and not random sizing. Bid Quotes must identify portion size being offered. Le~ Quarter~ortion size not to be smaller than 12 ounces and not 0 exceed 0 ounces. Packed in poly bag boxes. All packaging and packing materials must be clean and in new condition.

{LEG QUARTER SIZE 14 TO 16 OUNCES IS REQUESTED}

0003 Beef, Ground, Regular Grind, 80% Lean, USDA Standard for 30,000.000000 LB $ $ ground beef per 9 CFR 319.15, delivered Frozen, Ground Beef shall consist of ch0cft~edfresh and/or frozen beef without seasoning and without the ad i ion of beef fat as such, shall not contain more than 20 percent fat, and shall not contain added water, phosrhates, binders, or extenders. When beef cheek meat (trimmed bee cheeks) is used in the preparation of ground beef, the amount of such cheek meat shall 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 percentage. PRODUCT MUST BE IN SEALED

BAGS, NO OPEN BAGS OR PACKAGING.

0004 Chicken, Boneless, Skinless, Raw, Thigh, Meat Frozen, A or B 25,000.000000 LB $ $ ~uality per the USDA, United States Classes, Standards and rades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq.

Boneless, thighs must be free of cartilage, fat, tendons, blood clots, bruises, cuts, tears, and holes in the muscle tissue. Boneless, skinless parts may be diced. The dicing process must result in size-reduced portions of meat that are intact, not mutilated, and with surfaces relatively smooth in appearance. Individual size-reduced portions of meat shall be relatively uniform in size and shape, and consistent with the size reduction process. No Solution or IngredientsAdded, Un-breaded. Packed in poly bag boxes. All packa~ing and packing materials must be clean and in new condition.

0005 Beef, Ground, Patties, 4 oz., IMPS 1136, Frozen, 80% Lean, 15,000.000000 LB $ $ Frozen, Round in Shape, with Paper Separtationof Individual~ Quick Frozen, Ground Beef Patties must consist of chopped resh and/or frozen beef without seasoning and without the addition of beef fat, must not contain more than 20 percent fat, and must not contain added water, pho~hates, binders, or entenders. No partia~ Defatted Tissue, 0 Advanced Meat Recovered Product (Pink lime), When trimmed beef cheek meat is used in the gre~aration of~round beef, the amount of such cheeck meat must e imited to 2 percent; and if in excess of natural proportions, its presence must be declared on the label, in the iI~edient statement. DELIVERED CASES MUST BE LAB EDWITH

INGREDIENTSAND FAT PERCENTAGE.

0006 Breakfast Sausage, Beef, Turkey or Chicken, (or combination of), 8,000.000000 LB $ $ Frozen, 20z Patties, (No mechanically separated, Comminuted meat), 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% isolated soy protein may be used, but must be shown in the Inwedients statement on the product's label by its common name. A ingredients in the product must be listed in the ingredients statement In order of predominance from hi~hest to lowest amounts in accordance with the USDA Food Sa e~ Ins~ection Service (FSIS) Food Standards and Labeling olicy. 2 oz atties or 2 oz Links

{NO PORK}

(Bidder must specify patty or link)

RFQP03151400007 Page 5 of 38 g'PECIFY WHETHER BEEF, TURKEY OR CHICKEN ON THE

UOTE)

0007 Beef for Stewing, Raw, IMPS 135, diced pieces mustbe sized-not 5,000.000000 LB $ $ less than a 3/4" cube or not more than a 1-1/2" cube and no 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 an~ point. Packed in cases no smaller than 10Ibs., and no larger t an to 40 Ibs., DELIVERED FROZEN

0008 Turk~, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, 5,000.000000 LB $ $ nette or in roasting pack, 8-12 Ib Range, Breast Meat (Minimum) 50%, Skin (Maximum) 12.5%, Sodium content per 4 oz. serving must not exceed 200 mg, Label must have nutritional information to include sodium content per serving.

0009 Bologna, Beef and Turkey, Artifical Casing 4" to 5" Diameter, 3,000.000000 LB $ $ Frozen, Finished products may not contain more than 30% fat or no more than 10%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% isolated soy product ma~ be used, but must be shown in the ingredients statement on t e product's label by its common name. All ingredients in the product must be listed in the ingredients statement In order of predominance, from h~hest to lowest amounts in accordance with the USDA FSIS Food tandards and Labeling Policy.

0010 Fish, Oven Ready, Breaded, Frozen Cut from solid muscle or fillet 8,000.000000 LB $ $ block, White meat fish such as but not limited to: Pollack, Whiting, Flounder, Sole, Cod, Tilapia, Etc., Not Minced. Oven Ready Portion Weight 4 oz. rectangle Shape, Meets the Requirements of Grade A (65% by Weight of Fish Flesh) U.S. Standards for Gradees Frozen Fned Fish Portions, Crumb Coated Breadi~, CID A-A-20325, fish Species III, S~e A, Form B, Type 2, Oven ead) Weight C, Shape h1),Fried Fis Ty~e, Cornpositlons; Coating (1 , All ingredients In t e product must e listed in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy.

40z. Portions

0011 Chicken, Whole Chicken tenders, Clipped, Un-Breaded, Raw, 15,000.000000 LB $ $ Frozen, 1.5 to 2 oz. Tar~et weight, A or B qualiVcper the USDA, United States Classes, tandards and Grades or Poultry Agricultural Marketing Service (AMS) 70.200 et seq. Packed in poly bag boxes

0012 Pork roast, Pork, Shoulder, Boston butt, Boneless, Raw, IMPS 8,000.000000 LB $ $ 406A, Frozen, No Solution or Ingredients Added, No Paper wr'8~in~ wefjht Ran~ A or B, 4 to 8 Ib, QU E US INDICA E AVERAGE ROASTWEIGHT OF

QUOTED ITEM.

0013 Turkey Ham, Frozen, Fully Cooked Chunked and Formed, ~No 6,000.000000 LB $ $ ~ound, MST or Coumminuted meatl No Mor than 20% Wa er dded, (No Turke~ Ham Picnics), AI ingredients in the product must be listed in t e ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection (FSIS) Food Standards and Labeling Policy.

0014 Meatball, Beef, 1 oz., Fully Cooked, Frozen, No More than 20% 6,000.000000 LB $ $ Added Ingredients, No Organ Meat, finished product may not contain more than 3.5% non-meat binders and extenders (suh 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 common name.

AI ingredients in the product must be listed in the ingredients statement of predominance, from highest to lowest amounts.

0015 Hot DOJS' TurkeJ' Chicken, Beef or combination of, Skinless, 8,000.000000 LB $ $ Cooke , 10 hot ogs per Ib, finished products may not contain more than 30% fat or no more than 10%water, or a combination of 40% fat and added water, 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% 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~redients statement in order of predominance, from h~hes to lowest amounts in accordance with the USDA Foo Safety Inspection tSIS) Food Standard and LabelinRPolicy.

Specify if Turkey, Chicken or Bee

0016 Pork Loin Chops, Boneless, IMPS#141 OB, Frozen, Chops are 6,000.000000 LB $ $ prepared from Item No. 413, No Miscuts, No Injections or solution, 4oz. Target Portions.

RFQP03151400007 Page 6 of 38

SMALL BUSINESS

Delivery Schedule: Deliveries may be made M-F, 6:00am-1:30p.m., excluding federal holidays. Food ServiceWarehouse may be contacted at 662-751-4800 ext. 5755 or 5777

RFQP03151400007 Page 7 of 38

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercialltems (June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d)Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.c. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this con tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer ence. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e)Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

RFQP03151400007 Page 8 of 38

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Trans fer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.c. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(B) Affected contract number and delivery order number, if applicable;

(i) Payment= (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the deliv ery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall --

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(C) Affected contract line item or sub line item, if applicable; and

RFQP03151400007 Page 9 of 38

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii)Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the fmal decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 ofthe Federal Acquisi tion Regulation in effect on the date of this contract.

(j) Risk of loss.Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

RFQP03151400007 Page 10 of 38

(1) Termination/or the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall irnmediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Terminationfor cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac ceptance, regardless of when or where the Government takes physical possession.

(0) Warranty.The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu lar purpose described in this contract.

(P) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita tions on the use of appropriated funds to influence certain Federal contracts; 18U.S.c. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;41 U.S.C. 265 and 10U.S.c. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement in tegrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

RFQP03151400007 Page 11 of 38

(9) The specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through [mal payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at ht tp:llwww.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (June 2010)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses by Full Text

52.211-16 Variation InQuantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by con ditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in

RFQP03151400007 Page 12 of 38 paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

2 Percent increase

2 Percent decrease This increase or decrease shall apply to the total contract quantity.* (End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-

(1) The total contract quantity;

(2) Item 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 itemwithout regard to destination.

(End of clause)

52.204-99 System for Award Management Registration (September 2012) (DEVIATION)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information re quired for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data re quired by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any con tract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS orDUNS+4.

(3) If indicated by the Government during performance, registration in an alternate systemmay be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

RFQP03151400007 Page 13 of 38

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.comlwebform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 iflocated within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when regis tering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(t) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability result ing from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial regis tration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

{A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ ately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through ht tps:/lwww.acguisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.232-25 Prompt Payment (Oct 2008)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and condi tions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electron ic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

RFQP03151400007 Page 14 of 38

(a) Invoice payments -

(1) Due date.

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(l)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice pay ment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certainfood products and otherpayments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are -

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.c. 182(3», and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.c. 4003(3», as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.c. 499a(4», as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.c. 4502(e», edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayon naise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refriger ated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be fol lowed in specifying a contract payment due date. The burden of proof that a classification ofa specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as spe cified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish;

5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any in terest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmis-

RFQP03151400007 Page 15 of 38 sion.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill oflading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper no tice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applic able agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if ap plicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no dis agreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computingpenalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the ser vices in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, RFQP03151400007 Page 16 of 38 compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to ful filling their responsibilities.

(ii) The prompt payment regulations at 5 CFR l3l5.l0(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract com pliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Con tractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(6) Discountsfor prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly.