FY_2015_-_3rd_Quarter_Meat_RFQ.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.O. Box 5666 YazooCity, Mississippi 39194

February 12,2015

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 3rd Quarter of FY 2015. 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 March 06, 2015, 2:00 pm Central Daylight Time, via mail or fax.

MAILED quotes shall be submitted to the following address:

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

HAND CARRIED:

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

FAXED:

Babs 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 bmcmaster@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. 5812.

Sincerely, //s// Babs McMaster, Contract Specialist

RFQP03151500017 Page 1 of 32

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1.REQUISITIONNUMBER

3.AWARD/EFFECTIVE 4. ORDERNUMBER

DATE

7. FORSOLICITATIONINFORMATION

CALL:

a. NAME b. TELEPHONENUMBER(No eol/eeteal/s) 8. OFFERDUEDATE/ LOCAL

TIME

(0) 662-716-1020x5812 (F) 03/06/2015 14:00:00

2. CONTRACTNO. 6. SOLICITATIONISSUE

DATE

02112/2015RFQP03151500017

Barbara McMaster

SMALL BUSINESS

SETASIDE:100.00 % FOR

TERMS

13•. THISCONTRACTIS,II

RATEDORDERUNDERDPAS

(15 CFR 700) .

9. ISSUEDBY CODE 10.THEACQUISITION

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWA Y

YAZOO CITY, MS 39194

oo o

HUBZQNE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALLBUSINESS

O WOMEN-OWNEDSMALLBUSINESS(WaSB)

ELIGIBLEUNDERTHEWOMEN-OWNED

SMALLBUSINESSPROGRAM NAteS:31 1991o EDwaSB o 8(A)

SIZESTANDARD:500

Employees

O SEE

SCHEDULE

o 13b.11. DELIVERYFORFOB

UNLESSBLOCKIS MARKED

RFP

15.DELIVER

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWA Y

YAZOO CITY, MS 39194

. ADMINISTEREDBY

L------____l Federal Bureau of Prisons

FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

17a. CONTRACTOR!

OFFEROR

PAYMENTWILL BEMADEBYCODE CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

TELEPHONENO.

D17b. CHECKIF REMITTANCEIS DIFFERENTAND PUTSUCHADDRESSIN

OFFER .___ ,....,....,....,....,---..,.

MEAT SUBSISTENCE

FY 2015 - 3RD QUARTER

APRIL 01, 2015 TO JUNE 30, 2015

TIN __

DUNS _

See Continuation Sheet(s) (Use Rrvene amVor/I(lachAdditiollalSIIul.f asNece.ua~l')

ADDRESSSHOWNIN BLOCK18. UNLESSBLOCKBELOWIS

25. ACCOUNTINGANDAPPROPRIATIONDATA 26. TOTALAWARDAMOUNT (For Govt. Use Only)

ARE NOTATTACHED

ARE NOTATTACHED

27a. SOLICITATIONINCORPORATESBY REFERENCEFAR52.212-1,52.212-4.FAR52.212-3AND 52.212-5AREATTACHED.ADDENDA 27b. CONTRACT/PURCHASEORDERINCORPORATESBYREFERENCEFAR52.212-4.52.212-5ISATTACHED.ADDENDA

28. CONTRACTORISREQUIREDTO SIGNTHIS DOCUMENTANDRETURN COPIESTO

ISSUINGOFFICE.CONTRACTORAGREESTO FURNISHANDDELIVERALL ITEMSSET FORTH

OROTHERWISEIDENTIFIEDABOVEANDONANYADDITIONALSHEETSSUBJECTTO THE

TERMSANDCONDITIONSSPECIFIED.

29. AWARDOFCONTRACT:REF. OFFER

DATED .YOUROFFERON SOLICITATION(BLOCK5)

INCLUDINGANYADDITIONSORCHANGESWHICHARESET FORTHHEREIN,

IS ACCEPTEDASTO ITEMS:

30a. SIGNATUREOFOFFEROR!CONTRACTOR 31a. UNITEDSTATESOF AMERICA (SIGNATURE OFCONTRACTING OFFICER)

30e.DATESIGNED

02/12/2015

NAMEANDTITLEOFSIGNER ORPRINT)

Barbara McMaster

31b. NAMEOFTHE CONTRACTINGOFFICER(TYPE ORPR/NT) 31e.DATESIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV.0212012)

Prescribedby GSA- FAR (48CFR) 53.212

RFQP03151500017 Page 2 of 32

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

ITEMNO. SCHEDULEOFSUPPLIES/SERVICES QUANTITY UNIT UNITPRICE AMOUNT

32a. QUANTITYINCOLUMN21 HASBEEN

D RECEIVED D INSPECTED D ACCEPTED,AND CONFORMSTO THECONTRACT,EXCEPTAS NOTED:------------

32b. SIGNATUREOFAUTHORIZEDGOVERNMENT 32c. DATE 32d. PRINTEDNAMEANDTITLEOFAUTHORIZEDGOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e.MAILINGADDRESSOFAUTHORIZEDGOVERNMENTREPRESENTATIVE 32f. TELEPHONENUMBEROFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

329. E-MAILOFAUTHORIZEDGOVERNMENTREPRESENTATIVE

33. SHIP NUMBER 34. VOUCHERNUMBER 35. AMOUNTVERIFIED 36. PAYMENT 37. CHECKNUMBER

CORRECTFOR

DCOMPLETE DPARTIAL DFINAL

IPARTIAL I TFINAL

38. SIR ACCOUNTNUMBER 39. SIRVOUCHERNUMBER 40. PAIDBY

41a. I CERTIFYTHIS ACCOUNTISCORRECTAND PROPERFORPAYMENT 42a. RECEIVEDBY (Print)

41b. SIGNATUREANDTITLEOF CERTIFYINGOFFICER 41c. DATE 42b. RECEIVEDAT (Location)

42c. DATEREC'D (YYIMMIOO) I42d. TOTALCONTAINERS

STANDARDFORM 1449(REV.212012)BACK

Section

RFQP03151500017 Page 3 of 32

Table of Contents

Description

Solicitation/Contract Form : 1 Commodity or Services Schedule 4 Contract Clauses : 11

52.211-16 Variation In Quantity (Apr 1984) 11 52.204-99 System for Award Management Registration (September 1012) (DEVIATION) 11 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) .

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2011) .

52.232-25 Prompt Payment (Oct 2008) 12

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012) 15

List of Attachments 20 Solicitation Provisions , 23

52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2009) ..

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) 23

52.212-1 Instructions to Offerors--Commercial Items (June 2008) ..

RFQP03151500017 Page 4 of 32

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 30,000.000000 LB $ $ 168,169, 169A, 170, 170A, 171B, Frozen, we~ht ra~ 12 to 28 lb.

QUOTE MUST INDICATE ACTUAL IMPS AN AVE GE ROAST

WEIGHT OF QUOTED ITEM.

{RAW}

0002 Chicken, Leg Quarter, Raw, Whole, Ready to Cook, Frozen, IMPS 40,000.000000 LB $ $ P1031 Broiler Let, United States Classes, U.S. Standards, and Grades for Poultry, Agricultural Marketing Service (AMS~ 70.200 et seq, Unbreaded. "Wllole Leg quarter" consists of a pou try thi~h and drumstick (attached) with a portion of the back attached.

De ivered amounts of Leg Quarter e0rtions can be random sizing, with the it0rtion size not to be smal er than 10 ounces and to exceed 0 ounces. Packed in poly bag boxes. All packaging and packing materials must be clean and in new condition. Products produced or labeled with any phrase "under religious exemption" will be refused.

{LEG QUARTER SIZE 14 TO 16 OUNCES IS REQUESTED}

0003 Beef, Ground, 80% Lean, IMPS 136 delivered Frozen. Ground 40,000.000000 LB $ $ Beef shall consist of chopped fresh and/or frozen beef without seasoning. In addition product must be produced from current raw material, no bench trimming, steak trim, or re-ground product to be used as raw material. Finished products shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or extenders. No Partia~ Defatted Tissue or advanced Meat RecoverY Product. PROD CT MUST BE 6 MONTHS OR

YOUNGER UPON DELIVERY WITH THE DATE CLEARLY ON

THE LABEL, (NO STAMPED OR WRITTEN DATES ALLOWED).

When beef cheek meat (trimmed beef cheeks) is used in the pr~aration, the amount of such meat shall be limited to 25 percent;

(N ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage.

Manufacturer's letters will NOT be accepted in lieu of labeling.

Upon delivery, product must have a rosy red appearance. Product that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, o~aque or colored bags. Note weight of packaging and case size on id.

0004 Beef, Ground, Patties, 4 oz., IMPS 1136, Frozen, 80% Lean, 25,000.000000 LB $ $ Frozen, Round in Shape, with Paper Serartation of Individually Quick Frozen, Ground Beef Patties shal consist of chopped fresh and/or frozen beef without seasoning. In addition product must be r,roduced from current raw material, no bench trimmings, steak rim, or re-ground product to be used as raw mateiral. Finished product shall not contain more than 20 percent fat, and shall not contain added water, phosphates, binders, or entenders. No ~artiallu Defatted Tissue or advanced meat recovery ~roduct.

ROD CT MUST BE 6 MONTHS OR YOUNGER U ON

DELIVERY WITH THE DATE ON THE LABEL, (NO STAMOED OR

WRITTEN DATES ALLOWED). When beef cheek meat (trimmed beef cheek) is used in the preparation of ground beef, the amount of such cheek meat shall be limited to 25 percent; (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled All Beef, Pure Beef, or 100% and with fat percentages. Manufacturer's letters will NOT be accepted in lieu of labeling. Upon delivery, groduct must have rosy red appearance. Product that is grey, rown or tan in color Will be rejected. Product to be packed in 10 to

60 Ib cases. Clear 1 mil or thicker bags. No open bags, opaque or colored bags. Size or patty to be determined locally and size noted on bid.

0005 Beef for Stewing, Raw, IMPS 135A, diced pieces must be sized-not 18,000.000000 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 aWf point. Product to be packed in 10 to 40 Ib cases. DELIVERED ROZEN. VEAL is not a substitute for this specification.

0006 Turk~, Boneless, Roast, Raw, Natural, Boned Rolled and Tied, 4,000.000000 LB $ $ nette or in roasting pack, 8-121b Range, Breast Meat bMinimum) 50%, Skin (Maximum) 12.5%, Products produced or la eled with any phrase related to "under religious exemption" will be refused.

RFQP03151500017 Page 5 of 32

0007 Fish, Alaska Pollck, Cod, or Other, Fillet Block, Sin~le Frozen, 30,000.000000 LB $ $ Portion, Any Sha~e, Any Oven Ready wei~ht, Frie Fish T~e, Composition (a) Meets the requirements 0 U.S. Grade A ortions -65 percent by weight of fish flesh; all other fishery product types -60 percent by wei~h of fish flesh]). Crumb Coated Breading, Unflavored. (CID A-A-20 25, Fish Species I, II, or III, Style A, Type 2, Oven Ready Weight (a-d~, Shape (1-3), Fried Fish Type (b), ComJoSition (a), Coating (1 . All Ingredients in the product must be liste in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food safet~inspection Service (FSIS) Food Standards and Labeling Policy. anufacturer's letters will NOT be accepted in lieu of laebling.

(FSA REQUESTS 4 oz or 5 oz PATTY)

Please specify the size of the patty bidding

0008 Chicken, Boneless, Skinlees, Raw, White Meat (Tender or Breast 40,000.000000 LB $ $ Mea& Frozen A or B qualtiy per USDA States Classes, Standards and rades for Poultry A~ncultural Marketing Service (AMS)

70.200 et seq. Bonless, kinless breasts must be free of cartilage and fat. Bonelss breasts (excluding the attached tenerlsoin) must be free of tendons. Tendons normally associated with tenerloins are rcermitted. Tenderloins or bon less , skinless ~arts must be free of b ood clots, bruises, cuts, tears, and holes in t e muscle tissue.

Slight discolorations and separation of the muscle tissue is rrermitted on bon less, skinless parts provided it does not detract rom the a~earance of the product. Boneless, skinless Jarts may be diced. he dicing process must result in size-reduce portions of the meat that are Intact, not mutilated and with surface relatively smooth in appearance. Individual size-reduced portions of meat must be relallvely uniform in size and sha~e, and consistent with the size reduction process. Unbreaded. acked in poly bag boxes.

All packaging and packinq materials must be clear and in new condition. Products provided or labeled with any phrase "under religious exemption" will be refused

(FSA REQUESTS TENDER STRIPS)

0009 Pork roast, Pork, Shoulder, Boston butt, Boneless, Raw, IMPS 8,000.000000 LB $ $ 406A, Frozen, No pagper WraRPin~ wei~t Ra~ A or B, 4 to 8 Ib, QUOTE MUST IN ICATE VE GE OAS EIGHT OF QUOTED ITEM. No picnics allowed.

0010 Turkey Ham, Frozen, Fully Cooked Chunked and Formed, (No 8,000.000000 LB $ $ ~ound, MST or Coumminuted meatl No More than 20% Water 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. Manufacturer's letters will NOT be accepted in lieu of labeling.

0011 Meatball, Cooked, Beef Only. Beef and Turkey, Beef and Chicken, 2,500.000000 LB $ $ or Turkey and Chicken, 1 oz Each, Product must containat least 65% meat. Binders and extenders are limited to 12% of the total product. 6.8% if isolated soy protein is considered the equivalent to 12% of the other bindersor extenders. Permitted binders and extenders include, but are not limited to, cereal, bread crumbs, cracker meal, soy flour, soy protein concentrate, isolated soy protein, and texture vegetable ffrotein. No Organ Meat. All ingredients in the product must be isted in the ingredients statement of ~redominance, from highest to lowest amounts.

Manufacture s letters will NOT be accepted in lieu of labeling.

0012 Frankfurters (Hot Do~s) Fully Cooked, Frozen, Turkey, 6 inch, 10:1 6,000.000000 LB $ $ Ration, Skinless, Wit out non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, wheat, rice, soy flour sODprotein concentrate. (IMPS 800, Malor Ingredient P or P1 OR CI A-A-20341, Meat Species IV or V, Size A, Ratio 1, Non-meat binders and extenders (a) or (b). The finished product shall not contain more than 30 percent fat or no more than 10 percent added water, or a combination of 40 percent fat and added water.

Non-meat binders and extenders may be used up to 3.5 percent or isolated soy pretein may be used up to 2 percent in the frankfurters ~er 9 CFR S 424.21 (c). All ingredients in the product must be sted in the ingredients statement in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection (FSIS) Food Standard and Labelinp Policy.

Manufactruer's letters Will NOT be accepted in lieu 0 labeling.

0013 Chicken Patty, Whole Muscle or Chunked and Formed (1/2 inch 15,000.000000 LB $ $ cube or greate~, 100% white meat, Breaded, Uniform in Shape.

kCID A-A-2027 A, TYReV, Style A or B, Meat Type (b/, Form 1, hape (b). Individual y Quick Frozed. No mechanical y separated (comminuted), previously cooked chicken meat, or MSG may be used in product. Vegetable oil shall be used as the frying medium. Combined batter and breading shall not exceed 30% by

RFQP03151500017 Page 6 of 32 weight and will be evenly coated. Finished meat 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 ln 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 Service (FSIS) Food Standards and Labelinq Policy.

Manufacturer's letters will NOT be accepted In lieu of labeling.

(FSA REQUEST 5 oz PATIY)

0014 Kielbasa or Polish Sausage, Beef, TUrke~ Chicken or combination 4,000.000000 LB $ $ of any or all. Minimum 4 oz. Link, 4 oz. ope cuts or bulk R~e Link, Ful~ Cooked, Frozen. liMPS 813, Major Ingredient D, 1 P, P1). Arti icial or non-pork col agen casing.

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 Foo Safety Inspection Service (FSIS) Food Standards and LabelinQ Policy.

Manufacturer's letters will NOT be accepted In lieu of labeling.

Please specify on bid.

0015 Fish Fillets, Raw, Breaded, Individually Quick Frozen, Unglazed, 6,000.000000 LB $ $ Skin-off (skinless), practicall~ boneless fillet. U.S. Grade A or B (per Grades of Frozen Raw readed Fish Portions). Acceptable types include Tilapia, Cod, Whiting, Haddock, Hake, Pollock, Flounder, Sole, Turbot, Plaice, or Halibut. Frozen raw breaded portions are clean, wholesome, uniform~ shaped, unglazed masses of cohering pieces ~not ~round of fish flesh coated with breading and contain not ess han 7 percent, by weight, offish flesh. Fish portion must meet weight requirements when thawed and drained, Note type and size on bid. 4 to 7 oz.

Please specify on bid.

(FSA REQUESTS 50z to 70z FILLETS)

0016 Bologna, Beef, Turkey, Chicken, or combination thereof. IMPS 3,000.000000 LB $ $

801. Artificial Casing, Frozen, 4” to 5” in Diameter.

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 ~rotein may be used, but must be shown in the ingredients sta ement on the label by its common name. All ingredients in the product must be listed in the in~redients statement on the label in order of predominance, from hiffuest to lowest amounts in accordance with the USDA FSIS Food S ndards and Labelin3,Policy. Manufacturer's letters will NOT be accepted in lieu of la eling.

0017 Salami, Beef, Turkey, Chicken, or combination thereof. IMPS 804. 3,000.000000 LB $ $ Artificial Casing, Frozen, 4” to 5” in Diameter.

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 protein may be used, but must be shown in the ingredients statement on the label by its common name. All in~redients in the product must be listed in the ingredients s atement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA FSIS Food Standards and Labeling POliC6"'Manufacturer’s letters will NOT be accepted in lieu of la eling.

0018 Beef Ribs, by the pound. 8,000.000000 LB $ $

SMALL BUSINESS

Delivery Schedule: Deliveries may be made M-F, 7:30 am -3:00p.m., excluding federal holidays. Food Service Warehouse may be contacted at 662-751-4800 ext. 4115 or 4116.

RFQP03151500017 Page 7 of 32

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conformto 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.

(t) 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;

(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.

RFQP03151500017 Page 8 of 32

(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.

(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.

(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 --

(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.

(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);

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

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

(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 final 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:

RFQP03151500017 Page 9 of 32

(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-

(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

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

(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 of the Federal Acquisi tion Regulation in effect on the date of this contract.

G) Risk of loss. Unless the contract specifically provides otherwise, risk ofloss 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.

(I) 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 immediately 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) Termination/or 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 0/ 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; 18 U.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 10 U.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:

(I) The schedule of supplies/services.

RFQP03151500017 Page 10 of 32

(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.

(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 final 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.

RFQP03151500017 Page 11 of 32

Clauses By Full Text

52.211-16 Variation In Quantity (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 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 item without 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 or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may 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.

(1) A contractor may obtain a DUNS number-

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

(ii) lflocated 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.

RFQP03151500017 Page 12 of 32

(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.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liabitity 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 time line 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.)

(a) Invoice payments -

(I) 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.

RFQP03151500017 Page 13 of 32

(2) Certain food products and other payments.

(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.

(8) 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 lOth day after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section III (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 1Othday 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 of a 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 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 of lading 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…