RFQP03151400026.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.o. Box 5666 YazooCity, Mississippi 39194

August 13,2014

LJll'VlV,""UI is a solicitation package repared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo . Contracting Of ce, for the acquisition of Meat Subsistence for the 1st Quarter of FY 2015. This contains all the necessary nformation for submitting a request for quote for evaluation.

UVllll~l.lllF. the request for quote, quoters should consider all information provided herein. Please carefully follow all ~-,.." •.~ located in the solicitati n package concerning the content, format and submission of your quote.

notennat quoters are advised t at this solicitation includes the clause FAR 52.212-4 which this clause requires all contractors doing business with th Federal Government after September 30, 2003, to be registered in the System for

Management (S.A.M.) data ase. Quoters should include their Data Universal Number System (DUNS) number database.

I be received on or bef re the deadline of September 02,2014,2:00 pm Central Daylight Time, via mail or

!!!!ll!:~~quotes shall be submitt d to the following address:

Kirby Perrym n, Contract Specialist Federal Bure of Prisons Federal Corre tiona I Complex P. O. Box566 Yazoo City, S 39194

Kirby Perrym n, Contract Specialist Federal Bure u of Prisons Federal Corr tional Complex 2225 Haley B rbour Parkway Yazoo City, S 39194

Kirby Perry n, Contract Specialist 662-716-1024

"£.r~o.JI£. DO NOT SUBMIT Q TES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE rp£'pn"p£I after the deadline ill not be considered. Please submit any questions you may have in writing and to 662-716-1024 or to m email at kperryman@bop.gov. We will consider all questions received and provide

""~,vu,,,,.p,where appropriate. If y u have any other questions, please feel free to call at 662-716-1020 ext. 5813.

//s// Contract Speciali t

COMMERCIAL ITEMS

DL'_''''r'~ 12, 17,23,24 & 30

4. ORDERNUMBER

RFQP031514000'l..Co Page 1 of'

1. REQUISITIONNUMBER

RFQP031514000~

b. TElEPHONE NUMBER(No collectcalls)

662-716-1020 X5813

10.THEACQUISITIO~IS SETASIDE:100.00 % FOR

moo

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE·DISABLED

VETERAN.QWNED

SMAlL BUSINESS

UNRESTRICTEDOR

O WOMEN.QWNED SMAlL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN.QWNED

SMAlL BUSINESS PROGRAM . NAICS:o EDWOSB o SIA)

SIZESTANDARD:500

Employees

ADMINISTEREDBY

1.-------1 Federal Bureau of Prisons

FCC Yazoo City

2225 HALEY BARBOUR PARKWA Y

YAZOO CITY, MS 39194

13a.THIS CONTRACTISA

RATEDORDERUNDERDPAS

(15CFR 700)o

Sa. PAYMENTWILL BEMADEBY

13b. RATING

RFP

CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

VUI'",,:., IU ADDRESSSHOWNIN BLOCK18aUNLESSBLOCKBELOWIS

SEEADDENDUM

Meat Subsistence FY-2015-lst Quarter October 1,2014- December 31, T]N ~ __~

See Continuation Sheet(s) (UuRever.re.

26. TOTALAWARDAMOUNT (ForGovt. UseOnly)

FAR52.212-1,52.212-4.FAR52.212-3AND52.212-5AREATTACHED.ADDENDA

INC:ORPOft4TiS BYREFERENCEFAR52.212-4.52.212-5ISATTACHED.ADDENDA

ARE

ARE

ARENOTATTACHED

ARE NOTATTACHED

RETURN COPIESTO

DELIVERALL ITEMSSET FORTH

Alnr"T"",.,. SHEETSSUBJECTTO THE

29. AWARDOF CONTRACT:REF. OFFER

DATED . YOUROFFERONSOLICITATION(BLOCK5)

INCLUDINGANYADDITIONSOR CHANGESWHICHARESET FORTHHEREIN.

ISACCEPTEDASTO ITEMS:

31a. UNITED_$HES OE.AMERICA(SIGNATUREOF CONTRACTINGOFFICER)

Kirby Perryman

31c. DATE

08/12/2014

STANDARD FORM 1449 (REV.0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP031514000~~ Page 2 of 10

19.

ITEMNO.

O.

SCHEDULEOF S PPLIESISERVICES

21.

QUANTITY

22.

UNIT

23.

UNITPRICE

24.

AMOUNT

32a. QUANTI Y IN COLUMN21 HASBEEN o RECEIVED 0 INSPECTED 0 ACCE TED, ANDCONFORMSTO THECONTRACT,EXCEPTAS NOTED: _

32b. SIGNATI RE OFAUTHORIZEDGOVERNMEN

REPRESENT TIVE

32c. DATE 32d. PRINTEDNAMEANDTITLEOFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

32e. MAILINGADDRESSOFAUTHORIZEDGOVEFNMENTREPRESENTATIVE 32f. TELEPHONENUMBEROFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

32g. E-MAILOFAUTHORIZEDGOVERNMENTREPRESENTATIVE

33. SHIP NUiliBER 34. VOUCHERNUM ER 35.AMOUNTVERIFIED

CORRECTFOR

36. PAYMENT

DCOMPLETE DPARTIAL

37. CHECKNUMBER

DFINALIPARTIA IFINAL

38. SIRAcce ~NT NUMBER 39. SIRVOUCHERNWMBER 40. PAIDBY

41a. I CERTIF THIS ACCOUNTISCORRECTAN[ PROPERFORPAYMENT 42a. RECEIVEDBY (Print) 41b. SIGNAT REANDTITLEOF CERTIFYINGOF ICER 41c. DATE

42b. RECEIVEDAT (Location)

42c. DATEREC'D (YY/MMlOO) 42d. TOTALCONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

Section

Page Number

RFQP031514000 .'l.." Page 3 of 10

Table of Contents

Description

Solicitation/Contract Fo 1 Commodity or Services chedule 4 Contract Clauses 8 List of Attachments 9 Solicitation Provisions 10

_j

RFQP031514000)..<' Page 4 of 10

Section 2 - Commodity or Services ~chedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATIONSHEET

ITEMNO. SUPPLIES/SERVICES QUANTITY UNIT UNITPRICE AMOUNT

0001 B ef, Ground,RegularGrind, 80% I ean, USDAStandardfor per 9 3S,000.000000 LB $ $?t R 319.1S,deliveredFrozen. Gro~nd Beefshall consistof copped fresh and/or frozen beefwi hout seasoning. In addition prpductmust be producedfrom

Cl rrent rawmaterial,no bench trimn ings, steak trim, or reilround product to be usedas rawmaterial. Finishedproductshall not C( ntainmore than 20 percentfat, ard shall not containadded w ter, phosphates,binders,or exterders. No~artia~ defatted ti~~ueor advancedmeat recovery I:> oduct. P ODU T MUSTBE

61 DAYSOR YOUNGERUPOND1~:VERYWITHTHE DATE

C EARLYONTHE LABEL,(NO S MPEDORWRITTENDATES

A LOWED). When beef cheekme. }trimmedbeef cheeks) is u ed in the pre8aration,the amou~nJo suchmeat shall be limitedto 2 percent; (N ORGANORTON UE MEAT~Deliveredcases m~st be labeledAll Beef, PureBeef or 100% eef andwith fat ~ rcentage. Manufacturer&#8217;!letterswill NOTbe accepted in Iii u of labelin~ Upondelivery, pro uct must havea rosy red a pearance. roduct that is ~re~,b own or tan in colorwill be rEiected. PRODUCTMUST E N o to 60 Ib cases,and 5 to 10 Ib cubs. Clear 1mil or thicker sealed bags. Noopen bags,opaque o coloredbags.

0002 B ef, Ground,Patties, IMPS1136, 0% Lean, Frozen,Roundin 4,800.000000 LB $ $ S ape, with PaperSe~arationof In<ividuallyQuick Frozen.

G ound Beef Pattiess all consist0 ch~ped fresh and/or frozen b ef without seasoning. In addition!pro uct must be oduced from current rawmaterial,no bench trimmings,steak ~, or re-groundproductto be use as raw material. Finished

~c oduct shall not containmore than f20percentfat, and shall not ntain addedwater, phosphates,b nders, or extenders. No

I~ Rrtiall(jdefattedtissueor advance! meat recoveJ¥,groduct.

OD CT MUSTBE60 DAYSORYOUNGERU N DELIVERY

ITHTHE DATECLEARLYON~ E LABEL,(NO STAMPEDOR

I~RITTENDATESALLOWED). W en beef cheekmeat (trimmed ef cheeks) is used in the pre~ara on, the amountof suchmeat s all be limitedto 25 percent; ( 0 ( RGANORTONGUEMEAT) D liveredcasesmust be labeledAll Beef, PureBeef,or 100%Beef a d with fat ~ercentage. Manufacn er&#8217;sletterswill NOTbe a cepted in ieu of labeling. Upon elivery, productmust havea r(~y red appearance. Productthat ~ ?rey, brownor tan in colorwill b rejected. Productto be packedip 0 to 60 Ib cases. Clear 1mil o thicker sealed bags. NoORenbaps, opaqueor coloredbags.

Size of patty to be local specificatio and size notedon bid.

0003 B ef Roast,RawBeefT~ or Botto'In Round(Goosenec~, IMPS 20,000.000000 LB $ $ 1 8,170, 170A,171,171 ,171B Frpzen,weight range 1 to 28 Ib .

Q~oteMUST indicateactual IMPS average roastweight of q oted item

0004 B ef for Stewin~,Raw, IMPS 13SA,diced piecesmust be sized - 1S,000.000000 LB $ $ n t less thana /4" cube or not mo e than a 1-1/2"cubeand no ~rcjividualsurfacemust be more than 2.S inches in length,the fat .cknessof the surfaceand or sea n f~ must not exceed 1/4 inchat any point. Productto be packed inA to 40 Ib cases. DeliveredFroze . VEAL is not a substitutefor is specification

OOOS ~

~icken,Boneless,Skinless,Raw, ~hite Meat (Tenderor Breast 40,000.000000 LB $ $ ~at), Frozen,A or B quali»;per!~ USDA,UnitedStatesClasses, S~dards and Gradesfor oultry ~Iicultural MarketingService (J S) 70200 et seq. Boneless,sk ess beasts mustbe free of cartila~ean~ fat. Bonelessbreasts ~ xcludingthe attachedtenderoin) Inustbe free of tendons.

ndonsnormallyassociatedwith t nderloinsare permitted.

Tenderloinsor boneless,skinless p rts mustbe free of bloodclots, bruises,cuts, tears, and holes in thl muscle tissue. Slight dscoloratlonsand separationof the muscletissue is permittedon b neless,skinless parts, providedi does not detractfrom the a pearanceof the product. Bonele s, skinlesspartsmay be diced.

T e dicing processmust result in si e-reducedportionsof meat tt at are intact,not mutilated,and w cP surfacesrelativelysmooth in a pearance. Individualsize-reduce portionsof meatmust be r lativelyuniform in size and sha~e and consistentwith the size r duction process. Unbreaded. a ked in poly bag boxes.All p~ckagingand packingmaterialsm st be cleanand in new c ndilion. Productsproduced&#82 O;underreligious e~Tm~tiOn&#8221;or labeledwith ( ny phrasecontaining & 82 0;export&#8221;will be refusjed.

RFQP031514000 ~w Page 5 of 10

0006 C icken, Boneless,Skinless,Raw, igh, Meat, Frozen,A or B 1,500.000000 LB $ $ ~ ality per the USDA,UnitedStatesClasses,Standardsand ades for PoultryAgriculturalMark ting Service(AMS)70.200et s q. Bonelessthighsmust be free f cartilage,fat, te dons, bloodclots, bruises,cuts, tars, and holes in the muscle ti ue Boneless,skinlessJarts ma be diced. The dicing process m st result in size-reduce portions f meat that are intact,not m tilated, and with surfacesrelativey smooth in ap~earance.

In ividual size-reducedportionsof eat must be reatively uniform in size and shape, and consistentw h the size reductionprocess.

U breaded.Packed in poly bag box s. All packagingand packing m terials must be cleanand in new ondition. Products~roduced & 220;under religiousexemption& 221; or labeledwit any p rase containing&#8220;export& 221; will be refused.

0007 C icken, Le~Quarter,Raw,Whole, eady to Cook, Frozen,U.S. 15,000.000000 LB $ $ G ade A, U. . Standards,and Grad s for Poultry,Unbreaded.

, hole Legquarter" consistsof a p ultry thigh and drumstick (a ached),Witha portionof the bac a ached. Separatethigh and drum tick will not be accepted.

D liveredamountsof LegQuartere rtions can be randomsizing, w h theft0rtion size not to be smal r than 10ounceand not to e ceed 0 ounces. Packedin poly ag boxes.All packagingand p cking materialsmust be cleanan in new condition.Products p duced &#8220;underrel~ious e emption&#8221;or labeled w h any phrasecontaining #8220; xport&#8221;will be refused.

0008 C icken pa~, Breaded,All White eat, (Not Mechanically 5,000.000000 LB $ $ S arated, omminutedMeav,Bre ding set in v~etable oil.

In ividuall~Quick Frozen,Uni orm i shape,CID -A-20276A, S IeA & ,Meat (Wholemuscle0 Chunkedand fo med, 1/2 inch cubeor greater b9 FR &#167;381.171~) Type b 100percentwhite meat),Com in d breadingand add in redientsmay not exceed30%byweight, finishedmeatreroduct m y not containmore than 3.5%no -meat bindersand ex enders (s ch as nonfatdry milk, cereal,or ried wholemilk) or 2% isolated s y proteinmay be used, but must e shown in the Ingredients st tement on the product'slabel by s commonname. All in redients in the productmust be Ii ted in the ingredients st tement in order of predominance from h~hest to lowest a ounts in accordancewith the US A Foo Safety Inspection S rvice (FSISJFoodStandardsand LabelingPolicy.

nufacturer #8217;s letterswill N T be accepted in lieuof la eling. Sizeof patty to be local s cificationand size notedon bi .

0009 T rk~, Boneless,Roast,Raw, Nat ral, BonedRolledand Tied, 5,000.000000 LB $ $ n tte or in roastingpack, 8 -12 Ib ange, BreastMeat (Minimum) 5 %, Skin (Maximum)12.5%.

P oducts produced&#8220;underr I~ious exemption&#8221;or la eledWithany phrasecontaining 8220;export&#8221;will be r fused.

0010 T rkey Ham,Frozen,FullyCooked hunkedand Formed,(No 5,000.000000 LB $ $ ~ ound, MSTor Comminutedmeat No More than 20%Water ded, (NoTUrke~HamPicnics), I ingredientsin the product ust be listed in t e ingredientssta ement on the

I el in order of predominance,fro highest to lowestamounts in a cordancewith the USDAFoodS fely InspectionService (FSIS) F od Standardsand LabelingPolic . Manufacturer&#8217;s I ers will NOTbe accepted In lieu f labeling.

0011 P rk Roast,PorkShoulder,Boston utt, Boneless,Raw, IMPS 10,000.000000 LB $ $ 4 6A, Frozen,No PaperWrapping,Weight RangeA or B, 4 to 8 Ib, ote MUST indicateaverage roas weight of quoted item. No p nics allowed.

0012 Fsh, Fillets,Raw, \practicalg Bonees¥, Whitemeat fish such as: 18,000.000000 LB $ $ P lIack,Whiting, Founder, ole, C d, ilapia, Etc. Individual~ uick Frozenor Shatter Pack, 100 net weight, Nowater ad ed or g ze weight, Fish portionmust me t ight requirementswhen thawed nd drained, Deliveredcases ust be labeled 100%netweight. anufacturer&#8217;sletters II not be accepted in lieuof labeli g. (Skin o~ or (Skin o -Skinless),GradeA or B Based n the Unite StatesStandards f r Gradesof Fish Fillets, 100%fis , QuoteMUST indicate if ~ oted item is (skin-on)or (skin-o and size of fillet, 4 to 7 oz.

lid Fillets.

0013 Fsh, BreadedandOvenReady',N tural Fillet,Solid Muscle,No 10,000.000000 LB $ $ hoppedor MincedMeat. White at Fish such as but not limited t : Pollack,Whiting, Flounder,Sole Cod,Tilapia, Etc...lndividually uick Frozen,no more that 86%m isture.

e breadedand batteredfried fish portionsmustmeet the inimum requirementof 65 percen ta weight of fish flesh and be u iform in size andweight. Quote ST indicatesize of fillet, 5 to 7 oz. Portions

RFQP031514000.l..c" Page 6 of 10

0014 Fi h, Oven Ready, Breaded, Froze , Cut from solid muscle or fillet 4,000.000000 LB $ $ bl ck, White meat fish such as but ot limited to: Pollock, Whiting, FI under, Sole, Cod, Tilapia, Etc., t Minced. Oven Ready P rtion Square or Rectangle Shape Meets the

R quirements of Grade A (65% by eight of Fish Flesh6 U.S.

S andards for Grades Frozen Fried isli Portions, Crum Coated Beading, CID A-A-20325, Fish Spe ies III, Style A, Form B, Type 2, Oven Rea~ Weight C, Share (1 , Fried Fish Type B, C mJoSition ,Coating (1), AI ingr dients in the product must be Ii te in the ingredients statement 0 the label in order of p dominance, from highest to lowe t amounts in accordance with th USDA Food Safet~ Inspection rvice (FSIS) Food Standards a d Labelin~ Policy. anufacturer #8217;s letters will NOT be a cepted in ieu of labeling. Size of patty to be local specification a d size noted on bid.

0015 H tdogs, Beef, Skinless, Cooked, 1 Hotdogs per Ib, finished 2,000.000000 LB $ $ P ducts may not contain more tha 30% fat or no more than 10% w ter, or a combination of 40% fat nd added water, The finished p oduct may not contain more than .5% n n-meat binders and extenders (s ch as nonfat dry milk, cereal, 0 d led whole milk) or 2% isolated so protein may be used, but must b shown in the Inwedients statem nt on the product's label by its c mmon name. A ingredients in product must be listed in the in redients statement on the label i order of predominance, from hi hest to lowest amounts in accor nce with the USDA Food S fety Inspection Service (FSIS) St ndards and Labeling Policy.

nufacturer&#8217;s letters will N T be accepted in lieu of I eling.

0016 K elbasa, Polish Sausage, Beef, Tu key or Chicken - (or 1,200.000000 LB $ $ c mbination 00, Minimum of 4 oz. nk, 4 oz. RORecuts or bulk R pe Link, Artificial or non-pork coli gen casing, Fully Cooked, F ozen, finished products may not ntain more than

3 5% non-meat binders and extend rs (such as nonfat dry milk, c real, or dried whole milk) or 2% i lated soy rerotein mafi be u ed, but must be shown in the ing dients sta ement on he p oduct's label by its common nam . All ingredients in the product ust be listed in the ingredients sta ement In order offl edominance, from highest to low t amounts in accordance with e USDA Food Safety Ins~ection ervice (FSIS) Food Standards a d Labelin~ POIiCt.Manu acturer 8217;s letters will NOT be a cepted in ieu of abeling.

0017 B logna, Beef and Turkey or Chick n, Artificial Casing 4" to 5" 700.000000 LB $ $ ameter, Frozen, Finished cHroduct may not contain more than

3 % fat or no more than 10 Yo wate or a combination of 40% fat a d added water, The finished prod ct may not c ntain more than 3.5% non-meat inders and extenders (such as n nfat dry milk, cereal, or dried wh Ie milk) or 2% isolated soy p otein may be used, but must be s own in the ingredients s atement on the label by its comm n name. All ingredients in the p oduct must be llsted in the ingred nts statement on the label in o der of predominance, from hi~he t to lowest amounts in a cordance with the USDA FSI F od Standards and Labeling licy. Manufacturer&#8217;s lett s will NOT be accepted in lieu o labeling.

0018 lami, Beef and Turkey Artificial sing 3.5" - 4.5" Diameter, 1,500.000000 LB $ $ F ozen, No Organ meat, All ingredi nts In the product must be Ii ted in the ingredients statement the label in order of p edominance, from highest to low st a ounts in accordance with the U A Food Safety Inspection rvice (FSISJ Food Standards an Labeling Policy.

anufacturer #8217;s letters will OT be accepted in lieu of beling.

0019 eatball, Beef, 1 oz., Fully Cooked Frozen, No More than 20% 1,300.000000 LB $ $ ded Ingredients, No Organ Meat finished product may not c ntain more than 3.5% non-meat inders and extenders (such as n nfat dry milk, cereal, or dried wh Ie milk)or2% i olated soy protein may be used, ut must be shown in the i gredients statement on the label y its common name, All i gredients in the product must be I sted in the ingredients s atement on the label in order I!f:edominance, from hitest to I west amounts. Manufacturer& 17;s letters will NOT e a cepted in lieu of labeling.

0020 eef for Grilling, Raw, 60z portion, he fat thickness of the surface 5,000.000000 LB $ $ a d or seam fat shall not exceed 11 inch at any point. Packed in ses no smaller than 10lbs and n larger than 401bs, Delivered

0021 hicken, Whole Chicken Tenders, lipred, breaded, pre-fried or 5,000.000000 LB $ $ en ready, frozen, 1.5 to 2.50z. ta ~e weight. Chicken products ust be pre~ared in accordance wi good commercial practice (21 FR Part 1 0). Chicken products ust meet the requirments of

SIS regulations, packed in reoly b boxes. All packaging and cking materials must be c ean a in new condition.

RFQP031514000:)..1. Page 7 of 10

0022 P rk LoinChops, Boneless,IMPS#~41OB, Frozen,Chopsare 1,500.000000 LB $ $ p epared from item No.413, No Mis cuts, No injectionor solution,4 o . target portions.

0023 T rk~, Whole raw natural, 14 to 20 b range, no solutionor 10,000.000000 LB $ $ in~r ients added.

Section 3 - Contract Clauses

Contract Terms and Co ditions - Commercial Items52.212-4

(a) Inspectio IAcceptance.The Contractor hall only tender for acceptance those items that conform to the requirements of this con tract. The G vernment reserves the right t inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment rna require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract pric . If repair/replacement or rep rformance will not correct the defects or is not possible, the Government may seek an equitable pri e reduction or adequate consi eration for acceptance of nonconforming supplies or services. The Government must exer cise its post- cceptance rights--

(I) Within a easonable time after the defe t was discovered or should have been discovered; and

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

(b) Assignm nt. The Contractor or its assig ee may assign its rights to receive payment due as a result of performance of this contract to a bank, st company, or other financin institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 1U.S.C. 3727). However, w en a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the C tractor may not assign its rig ts to receive payment under this contract.

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

.S.c. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree t, claim, appeal or action arising under or relating to this contract shall be a dispute to be R 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall contract, pending final resolution of any dispute arising under the contract.

(d) Disputes.This contract is subject to 41 ment on any equest for equitable adjustm resolved in a cordance with the clause at proceed dili ently with performance ofthi

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

(f) Excusabl delays.The Contractor shall e liable for default unless nonperformance is caused by an occurrence beyond the reason able control fthe Contractor and without ts fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sov reign or contractual capacity fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of co on carriers. The Contracto shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commence nt of any excusable delay, se ing forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable d spatch, and shall promptly gi e written notice to the Contracting Officer of the cessation of such occurrence.

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

(i)Name an address of the Contractor;

(ii) Invoice ate and number;

(iii) Contrac number, contract line item n ber and, if applicable, the order number;

(iv) Descrip on, 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;

(vi) Terms 0 any discount for prompt pay ent offered;

(vii) Name a d address of official to who payment is to be sent;

(viii) Name, itle, and phone number ofpe son to notify in event of defective invoice; and

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

funds transfer (EFT) bankin information.

(A) The Con ractor shall include EFT bank ng information on the invoice only if required elsewhere in this contract.

(B) If EFT b nking information is not requ red to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitt d correct EFT banking info ation in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, P yment by Electronic Funds T ansfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Trans fer-Other Th n System for Award Manage ent), or applicable agency procedures.

(C) EFT ban ing information is not requir if the Government waived the requirement to pay by EFT.

(2) Invoices ill be handled in accordance ith the Prompt Payment Act (31 U.S.c. 3903) and Office of Management and Budget (OMB) pro pt payment regulations at 5 C R Part 1315.

(h) Patent in emnity. The Contractor shall ndemnify the Government and its officers, employees and agents against liability, includ ing costs, fo actual or alleged direct or co tributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the rformance of this contract, provided the Contractor is reasonably notified of such claims and proceedi gs.

(i) Payment. -

(I) Items ac epted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in t is contract.

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

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

(4) Discount In connection with any disco nt offered for early payment, time shall be computed from the date of the invoice. For the purpose of c mputing 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 e ectronic funds transfer payment is made.

(5) Overpay ents. If the Contractor beco es aware of a duplicate contract financing or invoice payment or that the Government has otherwise 0 erpaid on a contract financing or invoice payment, the Contractor shall--

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

., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(C) Affecte contract line item or subline . em, if applicable; and

(D) Contrac or point of contact.

(ii) Provide copy of the remittance and s pporting documentation to the Contracting Officer.

(6) Interest. i) All amounts that become p yable by the Contractor to the Government under this contract shall bear simple interest from the dat due until paid unless paid wi hin 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary 0 the Treasury as provided in 4 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in i)(6)(v) of this clause, and th at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final d. cisions. The Contracting Offi er will issue a final decision as required by 33.211 if--

(A) The Co tracting Officer and the Cont ctor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Co tractor fails to liquidate a deb previously demanded by the Contracting Officer within the time line specified in the de mand for pa ment unless the amounts we not repaid because the Contractor has requested an installment payment agreement; or

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

(iv) If a de and for payment was previou ly issued for the debt, the demand for payment included in the final decision shall identify

(B) The dat of issuance ofa Government check to the Contractor from which an amount otherwise payable has been withheld as a credit again t the contract debt; or the same du date as the original demand or payment.

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

(A) The dat fixed under this contract.

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

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

(A) The dat on which the designated offi e receives payment from the Contractor;

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

(vii) The int rest charge made under this ause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi tion Regula .on in effect on the date of thi contract.

s. Unless the contract specifi ally provides otherwise, risk of loss or damage to the supplies provided under this contract with the Contractor until, an shall pass to the Government upon:

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

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

(k) Taxes.T e contract price includes all pplicable Federal, State, and local taxes and duties.

(I) Terminationfor the Government'scon nience.The Government reserves the right to terminate this contract, or any part hereof, for its sole con enience. In the event of such rmination, the Contractor shall immediately stop all work hereunder and shall immediately cause any a d all of its suppliers and subc ntractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage f the contract price reflecting he percentage of the work performed prior to the notice of termination, plus reasonable charges the ontractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the te ination. The Contractor shal not be required to comply with the cost accounting standards or contract cost principles for this purpose This paragraph does not giv the Government any right to audit the Contractor's records. The Contractor shall not be paid for any wor performed or costs incurred hich reasonably could have been avoided.

(m) Termin tionfor cause.The Governm nt may terminate this contract, or any part hereof, for cause in the event of any default by the Contrac r, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, wit adequate assurances of futur performance. In the event of termination for cause, the Government shall not be liable to the Contrac r for any amount for supplie or services not accepted, and the Contractor shall be liable to the Government for any and all rights an remedies provided by law. I it is determined that the Government improperly terminated this contract for default, such termination hall be deemed a termination for convenience.

ess specified elsewhere in thi contract, title to items furnished under this contract shall pass to the Government upon ac ceptance, re ardless of when or where the overnment takes physical possession.

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

(p) Limitati n of liability.Except as othe ise provided by an express warranty, the Contractor will not be liable to the Government for consequ ntial damages resulting from ny defect or deficiencies in accepted items.

(q) Otherco pliances. The Contractor sh II comply with all applicable Federal, State and local laws, executive orders, rules and regu lations appli able to its performance unde this contract.

(r) Complia ce with laws unique to Gover ment contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita tions on the se of appropriated funds to i fluence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chap er 37, Contract Work Hours d Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10U.S.C. 2409 relating to histleblower protections; 49 .S.C. 40118, Fly American; and 41 U.S.c. chapter 21 relating to procurement integrity.

(s) Order0 recedence.Any inconsistenc es in this solicitation or contract shall be resolved by giving precedence in the following or der:

(1) The sch ule of supplies/services.

(2) The Assi nments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorize Obligations paragraphs oft is clause;

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

(5) Solicitati n provisions if this is a solici ation.

(t) Systemfi AwardManagement(SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performanc and through final payment 0 any contract for the accuracy and completeness of the data within the SAM database, and for any liabi ity resulting from the Govern ent's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the init al registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent pdates its information in the AM database to ensure it is current, accurate and complete. Updating information in the SAM does t alter the terms and conditio s of this contract and is not a substitute for a properly executed contractual document.

(ii) If the C ntractor fails to comply with t e 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, i the absence of a properly executed novation or change-of-name agreement, the SAM in formation t t shows the Contractor to be ther than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspensi n of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2)(i) If a C ntractor has legally changed i s business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets use in performing the contract, but has not completed the necessary requirements regarding novation an change-of-name agreements n FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum 0 one business day's written no ification of its intention to (A) change the name in the SAM database; (B) comply with the requirement of Subpart 42.12; and (C) ag ee in writing to the time line and procedures specified by the responsible Contracting Of ficer. The C ntractor must provide with th notification sufficient documentation to support the legally changed name.

(3) The Con ractor shall not change the na e or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an as ignee for the purpose of assi ment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered i the SAM database. Informati n provided to the Contractor's SAM record that indicates payments, including those made by EFT, to ultimate recipient other tha that Contractor will be considered to be incorrect information within the meaning of the "Suspensio of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain i formation on registration and annual confirmation requirements via SAM accessed through https://wwwacquisition.gov.

(u) Unautho ized Obligations. (1) Except s stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is s bject to any End User Licens Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that include any clause requiring the Gov rnment to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss 0 liability that would create an nti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(ii) Neither e Government nor any Gove ment authorized end user shall be deemed to have agreed to such clause by virtue of it ap pearing in t e EULA, TOS, or similar leg I instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked thr ugh an "I agree" click box or ther comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bin the Government or any Gov rnment authorized end user to such clause.

(iii) Any su h clause is deemed to be stric en from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragra (u)(l) ofthis clause does no apply to indemnification by the Government that is expressly authorized by statute and specifically uthorized under applicable a ency regulations and procedures.

(End of cia

Clauses B\ Full Text

A.l ADD B:NDUMTO FAR 52.2]2-4, Contract Terms and Conditions - Commercial Items (May 2014)

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

52.211-16 Variation In Quantity (Apr 19 4)

(a) A variati n in the quantity of any item alled for by this contract will not be accepted unless the variation has been caused by con ditions of 10 ding, shipping, or packing, 0 allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (1) of this clause.

(b) The perr issible variation shall be limi ed to:

[Contractin I> Officer insert percentage] Pe cent increase

[Contracting Officer insert percentage] Pe cent decrease

This increas e or decrease shall apply to .* (End of clau e)

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

(1) The total contract quantity;

(2) Item I 0 Iy;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destina ion; or

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

(End of clau e)

52.204-99 ystem for Award Manageme t Registration (September 2012) (DEVIATION)

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

"Commercia and Government Entity (CA JE) code" means-

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

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

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

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

"Data Unive sal Numbering System +4 (D~S+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 n affiliation with this 4-charac er suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish dditional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for th same concern.

"Registered n the SAM database" means t at-

(1) The Con actor has entered all mandate ry information, including the DUNS number or the DVNS+4 number, as well as data re quired by th Federal Funding Accountabi ity and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

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

(3) The Gov rnment has validated all man atory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal evenue Service (IRS), and ha marked the record "Active." The Contractor will be required to provide consent for TIN validation to he Government as a part oft e SAM registration process.

"System for ward Management (SAM)" eans the primary Government repository for prospective federal awardee information and the centraliz d Government system for ce in contracting, grants, and other assistance related processes. It includes-

(1) Data coll cted from prospective federa awardees required for the conduct of business with the Government;

(2) Prospecti e contractor submitted annu representations and certifications in accordance with FAR Subpart 4.12; and (3} The list f all parties suspended, propo ed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, G vernment corporations, or by the Government Accountability Office.

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

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

(3) If indica d by the Government during erformance, registration in an alternate system may be required in lieu of SAM.

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

(1) A contra tor may obtain a DUNS num er-

(i) Via the i ternet at http://fedgov.dnb.co webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-70 -5711 if located within the U ited States; or

(ii) If locate outside the United States, b contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor f r a U.S. Government contact hen contacting the local DUM and Bradstreet office.

(2) The Con ractor should be prepared to rovide the following information:

(i) Compan legal business name.

(ii) Trade s le, doing business, or other n me by which your entity is commonly recognized.

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

(iv) Compa y mailing address, city, state nd Zip Code (if separate from physical).

(v) Compan telephone number.

(vi) Date th company was started.

(vii) Numb r of employees at your locati

(viii) Chief xecutive officer/key manage.

(ix) Line of usiness (industry).

(x) Compa Headquarters name and add ess (reporting relationship within your entity).

(d) Reserve .

(e) Processi g time for registration in SA ,which normally takes five business days, should be taken into consideration when regis tering. Con actors who are not already re istered should consider applying for registration at least two weeks prior to invoicing.

(f) The Co ractor is responsible for the a curacy and completeness of the data within the SAM database, and for any liability result ing from th Government's reliance on in ccurate or incomplete data. To remain registered in the SAM database after the initial regis tration, the ontractor is required to revie and update on an annual basis from the date of initial registration or subsequent updates its informatio in the SAM database to ensu it is current, accurate and complete. Updating information in SAM does not alter the terms and conditi ns of this contract and is not substitute for a properly executed contractual document.

(g) (1) (i) I a Contractor has legally chan ed its business name, "doing business as" name, or division name (whichever is shown on the contrac ,or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation a change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documenta ion to support the legally cha ged name with a minimum of one business day's written notification of its intention to- {A) Chang the name in the SAM databa e;

(B) Compl with the requirements of sub art 42.12 of the FAR; and

(C) Agree i writing to the timeline and p ocedures specified by the responsible Contracting Officer.

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

(2) The Co tractor shall not change the n me or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an a signee for the purpose of assi nment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ ately regist red in the SAM database. Inti rmation provided to the Contractor's SAM record that indicates payments, including those made by E T, to an ultimate recipient ot er than that Contractor will be considered to be incorrect information within the meaning of the "Suspe sion of payment" paragraph the EFT clause of this contract.

(h) Contra ors may obtain information 0 registration and annual confirmation requirements via the SAM accessed through ht tps:/lwww. cguisition.gov or by calling 6-606-8220, or 334-206-7828 for international calls.

(End ofCI use)

52.232-25 Prompt Payment (JuI2013)

Notwithsta ding any other payment clau e in this contract, the Government will make invoice payments under the terms and condi-tions speci led in this clause. The Gove ent considers payment as being made on the day a check is dated or the date of an electron-ic funds tr sfer (EFT). Definitions ofpe inent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition

(B) The 30t day after Government accep ance of supplies delivered or services performed. For a final invoice, when the payment amount is s bject to contract settlement a tions, acceptance is deemed to occur on the effective date of the contract settlement.

Regulation. All days referred to in this cl se are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause cone rning payments due on Satur ays, Sundays, and legal holidays.)

(a) Invoice ayments-

(I) Due dat .

(i) Except a 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 eve ts:

(A) The 30t day after the designated billi g office receives a proper invoice from the Contractor (except as provided in paragraph (a)(l)(ii) of his clause).

(ii) If the de ignated billing office fails to nnotate the invoice with the actual date of receipt at the time of receipt, the invoice pay ment due d e is the 30th day after the dat of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is 0 disagreement over quanti ,quality, or Contractor compliance with contract requirements.

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

(A) For me t or meat food products, as de ined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defi ed in Pub. L. 98-181, includi g any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and a y perishable egg product, as c ose as possible to, but not later than, the 7th day after product delivery.

(B) For fres or frozen fish, as defined in ection 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible ,but not later than, the 7th d Yafter product delivery.

(C) For peri hable agricultural commoditi s, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.c. 499 4)), as close as possible to, b t not later than, the 10th day after product delivery, unless another date is specified in the contract.

(D) For dai products, as defined in secti n 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and ood products prepared from e ible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a pro er invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayon naise, salad ressings, and other similar p ducts, fall within this classification. Nothing in the Act limits this classification to refriger ated produc . When questions arise regar ing the proper classification of a specific product, prevailing industry practices will be fol lowed in sp cifying a contract payment d date. The burden of proof that a classification of a specific product is, in fact, prevailing industry pra tice is upon the Contractor m king the representation.

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

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

5 days for p rishable agricultural commod ties, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the rea ons why it is not a proper inv ice. The Government will take into account untimely notification when computing any in terest penal owed the Contractor.

(i) Name an address of the Contractor.

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

(iii) Contrac number or other authorizatio for supplies delivered or services performed (including order number and contract line itemnumbe

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

(v) Shipp in and payment terms (e.g., shi ent number and date of shipment, discount for prompt payment terms). Bill of lading

(vi) Name tice ofassi eight of shipment will be sh n for shipments on Government bills of lading.

address of Contractor offici I to whom payment is to be sent (must be the same as that in the contract or in a proper no ent).

here practicable), title, phon number, and mailing address of person to notify in the event of a defective invoice.

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

c funds transfer (EFT) banki g information.

(A) The Co ractor shall include EFT ban ing information on the invoice only if required elsewhere in this contract.

(B) If EFT b nking information is not req ired to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submit ed correct EFT banking info ation in accordance with the applicable…