FY-2015_4th_Quarter_Dairy_Subsistence.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.o. Box 5666 YazooCity, Mississippi 39194

May 15,2015 is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo ssissippi, Contracting Office, for the acquisition of Dairy Subsistence for the 4th Quarter of FY 20 IS. This j.la...,~a!;;'1 contains all the necessary information for submitting a request for quote for evaluation.

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

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

Award (S.A.M.) database. Quoters should include their Data Universal Number System (DUNS) number into the SAM database.

be received on or before the deadline of June 08, 20 IS, 2:00 pm Central Daylight Time, via mail or fax.

shall be submitted to the following address:

Kirby Perryman, Contract Specialist Federal Bur~u of Prisons Federal Corr ctional Complex P. O. Box 56 6 Yazoo City, . S 39194

I Kirby Perryman, Contract Specialist Federal Bureau of Prisons Federal cor*ctional Complex 2225 Haley rbour Parkway Yazoo City, S 39194

Kirby perry1an, Contract Specialist 662-716-1021

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

""'1'""'"",,, after the deadlin will not be considered. Please submit any questions you may have in writing and to 662-716-1024 or to m email at bmcmaster@bop.gov. We will consider all questions received and provide where appropriate. If ru have any other questions, please feel free to call at 662-716-1020 ext. 5813.

Contract speciaL //s//

IORDER FOR COMMERCIAL ITEMS

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

2. 3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE I

a. NAME

10. THE

o SMALLBUSINESS

O HUBZONESMALL

BUSINESS

O SERVICE-QISABLED

VETERAN-QWNED

SMALLBUSINESS

RFQP03151500020 Page 1 of 31

ISSUE

05/15/2015

8. OFFER DUE DATE LOCAL

TIME

06/08/2015 14:00:00

% FOR

O WOMEN-QWNEDSMALLBUSINESS(WOSB)

ELIGIBLEUNDERTHEWOMEN-OWNED

SMALLBUSINESSPROGRAM NAlCS: 3115 IIo EDWOSB o 8(A)

SIZE STANDARD: 500

Employees

ADMINISTERED BY

L....------I Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

138. THIS CONTRACT IS A

D RATED ORDER UNDER DPAS

(15 CFR 700)

PAYMENT WILL BE MADE BY17a.

13b. RATING

RFP

CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

Date: 07/24/2015

DAIRY SUBSISTENCE

FY 2015 - 4TH QUARTER

JULY 01,2015 - SEPTEMBER

Tm __

See Continuation Sheet(s) (Use Reverse and/or Anacll Add'Ii",,", _,u asNecessary

29. AWARO OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

ADDRESS SHOWN IN BLOCK 188 UNLESS BLOCK BELOW IS

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ARE NOT ATTACHED

ARE NOT ATTACHED

318. UNITED STATES OF AMERICA (S/GNATURE OF CONTRACTING OFFICER)

Kirby Perryman 05/15/2015

30e. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP03151500020 Page 2 of 31

19.

ITEMNO.

24.

AMOUNT

20.

SCHEDULEOF ~UPPUES/SERVICES

r

21.

QUANTITY

22.

UNIT

23.

UNITPRICE

32a. QUANT[rY INCOLUMN21 HASBEEN

D RECEIVED D INSPECTED D ACCEPTED,AND CONFORMSTOTHECONTRACT,EXCEPTAS NOTED: _

I

32b. SIGNAT""REOFAUTHORIZEDGOVERNMEf\jT

REPRESEN ATIVE I

I

32e. MAIUNCADDRESSOFAUTHORIZEDGOVETNMENTREPRESENTATIVE

I i

32c. DATE 32d. PRINTEDNAMEAND TITLEOFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

32f. TELEPHONENUMBEROFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

35.AMOUNTVERIFIED

CORRECTFOR

36. PAYMENT

DCOMPLETE DPARTIAL

41a. I CERTI Y THISACCOUNTISCORRECTAN PROPERFORPAYMENT 42a. RECEIVEDBY (Print) 41b. SIGNAT~REANDTITLEOF CERTIFYINGOF ICER 41c. DATE i

329. E-MAILOFAUTHORIZEDGOVERNMENTREPRESENTATIVE

_33_'.,S_H_IP_N_U-+BTE_R...,..__ -t34. VOUCHERNUMrER

IPARTIA I IFINAL DFINAL

37. CHECKNUMBER

38. SIRACC UNTNUMBER 39. SIRVOUCHER~UMBER 40. PAIDBY

42d. TOTALCONTAINERS

42b. RECEIVEDAT (Location)

42c. DATEREC'D (VYIMMlDD)

STANDARDFORM1449(REV.212012) BACK

SWi!w.

RFQP03151500020 Page 3 of 31

Table of Contents

Description Paee Number

Solicitation/Contract Fbrm 1 Commodity or Service, Schedule 4 Contract Clauses t 9

52.211-16 Variatio In Quantity (Apr 1984) 9 52.204-99 System or Award Management Registration (September 2012) (DEVIATION) 9 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) .

~~ie~~~~c~=:~~J~~~~(~~~~~~if)~~.~~:.~~~~~.~~. ~~.~.I.~~.~~~..~.~.~~~.~.~~.~~~.~~~.i.~.~ .

52.232-25 Prompt Payment (Oct 2008) 10

~ti:~ci~::f~~~~D~~i!~~~~!~~~~~~.~~ ..~.~~~~.~.~~~~.~.~ 13 List of Attachments 19

SOI~~~~t:~~tbof;!~~~n~~~~·~~~~~i~~~··~~d·C~rtifi~·~~i·~·~·~~~C~~~~~·i·~i··i~~~~·(A-;;~·2·009·)::::::::::::::::::::::::::.~~

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) 22

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

Section 2 - Commodity or Service! Schedule

RFQP03151500020 Page 4 of31

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

AMOUNTITEM NO. SUPPLIES/ ;;ERVICES

LB

~.ottage Cheese, Cultured or ACidr.led, Normal or Extended Shelf ~!fe, L.:owFat (2%), Fat Free, or N Salt Added Low Fat Types, '=!nflavored, Smalf or Large Curd. CID A-A-20154B, Group I or II, ~ubgroup A or B, Types 2, 4, or 5 Class (a), ~tyle (i) or (ii). I Note type and package size on b~.}

FSA REQUEST 5 LB CONTAINERS)

FSA REQUESTS WEEKLY DELI~ERIES}

Margarine, Bulk, All Vegetable. III argarine shall comply with all !!ppficable Federal regulations inc uding those contained in the Food and Drug Stancfard of IdentilY fo(Marllarine (21 CFR Part

166) and musf conform to USDA peciflcations for

!Vegetable Oil Margarine. Margari e shall be made from one or more of the following vegetable oi s; canola, safflower,sunflower, ,c::om,soybean, or peanut oil. Mar arine contains not less than 80% "at and not more than 2% salt.

(FSA REQUESTS 30 LB CASES, BULK)

Cream, Pasteurized, Sour Cream Reduced Fat Sour Cream, Low-fat Sour Cream, or Nonfat Sc ur Cream, No Flavor. (CID A-A-20251, Group I, Type F, H, I, br J, No Flavor).

{Note type and package size on b d.}

(FSA REQUESTS 5 LB CONTAINER)

{FSA REQUESTS WEEKLY DEtERIES}

Milk, Pasteurized, Nonfat, Skim, r Fat Free, No Flavor. (CID A-A-20338, Group I, Type D, No lavor). 1/2 Pint containers.

{FSA REQUESTS WEEKLY DEL !VERIES}

Cheese, Mozzarella, Low-rnolsture Mozzarella, Part-skim Mozzarella, Low-moisture Part-sk m Mozzarella, and Lite Mozzarella. As specified in the U DA Quality Specifications for Mozzarella Cheeses. The Cheeses may be in Loaf, Sliced, Shredded, or Diced forms. Milk f t ranging from not less than 45% on dry basis to 10.8% depending on type. Moisture content ranging from more than 45% to not more lhan 60% depending on type.

Each of the ingredients used in tm food shall be declared on the label. Manufacturer’s lett rs will NOT be accepted in lieu of labeling (Bidder needs to indicate if cheese is Loaf/Block or Shredded Coarse). Packaging: 5 Ib to 40 Ib sealed Bags or containers.

{FSA REQUESTS MOZZARELU , 40 LB PER CASE}

0006 Ice Cream, Assorted, Individual S~rving, 1 oz to 1.5 oz, Delivered Frozen, 60 Count per Case Prefe red

(FSA REQUESTS ASSORTED, I~DIVIDUAL 1 oz - 1.5 oz

SERVING)

··PLEASE SPECIFY SIZE BIDDI~G ••

Margarine, Reddies, All Vegetabl . 90 patties per Ib on paper chips, 12 15sper case. Margarine shall ( omply with all applicable Federal regulations including those contaired in the Food and Drug Standard of Identity for MargarinE (21 CFR Part 166) and must conform to USDA Specifica ons for Vegetable Oil Margarine.

Margarine shall be made from on or more of the following vegetable oils; canola, safflower, unflower, com, soybean, or peanut oil. Margarine contains no less than 80% fat and not more than 2% salt.

QUANTITY

400.000000

207.000000

400.000000

480,000.000000

100.000000

720.000000

500.000000

UNIT PRICEUNIT

LB $, _ $._-----

LB $, _ $_------

EA $, _ $_------

LB $, _ $_------

EA $, _ $._------

EA $, _ $._------

Delivery S hedule: Food Service staff wi I call in delivery requests for milk and/or dairy products weekly or as needed. Deliveries may be made r -F, 7:30am-3:00p.m., excludi 9 federal holidays. Food Service Staff may be contacted at 662-751-4800 ext 4115

Section 3 - Contract Clauses

RFQP03151500020 Page 5 of 31

52.212-4

(a) Inspect on/Acceptance. The contractlr shall only tender for acceptance those items that conform to the requirements of this con tract. The overnment reserves the right 0 inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment m y require repair or replaceme t of nonconforming supplies or reperformance of nonconforming services at no increase in contract p ceoIf repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable .ce reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its pos -acceptance rights-- !

(1) Within a reasonable time after the defect was discovered or should have been discovered; and ny substantial change occursiin the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disput S. 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 contra t to reach agreement on any ~quest for equitable adjustment, claim, appeal or action arising under or relating to this con tract shall e a dispute to be resolved in ccordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer ence. The ontractor shall proceed dilig ntly with performance of this contract, pending final resolution of any dispute arising under the contra .

(e) Definit ons. The clause at FAR 52.20t-I, Definitions, is incorporated herein by reference.

(f) Excusa Ie delays. The Contractor sha I be liable for default unless nonperformance is caused by an occurrence beyond the reason able contr I 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 s vereign or contractual capaci ,fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of mmon carriers. The Contrac r shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commenc ent of any excusable delay, etting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly ive written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoic . (I) The Contractor shall sub it an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive inv ices. An invoice must include--

(i) Name d address of the Contractor; I

(ii) Invoic date and number;

(iii) Contr ct number, contract line item umber and, if applicable, the order number;

(iv) Descri tion, quantity, unit ofmeasu ,unit price and extended price of the items delivered;

(v) Shippi g number and date of shipme t, including the bill oflading number and weight of shipment if shipped on Government bill of lading;

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

(vii) Nam and address of official to wh~m payment is to be sent;

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

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

(x) Electr ic funds transfer (EFT) bank ng information.

RFQP03151500020 Page 6 of31

(A) The C ntractor shall include EFT balking information on the invoice only if required elsewhere in this contract.

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

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

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

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

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

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

(3) Electr ic Funds Transfer (EFn. If~e Government makes payment by EFT, see 52.2 12-5(b) for the appropriate EFT clause.

I

(4)Discou t. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose 0 computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or t e specified payment date if a1 electronic funds transfer payment is made.

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

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

(A) Circ stances of the overpayment (f-g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

(C) Affect d contract line item or sUblinj' item, if applicable; and

(D) Contr tor point of contact. .

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

(6) Interes . (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the d te due until paid unless paid ithin 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary fthe Treasury as provided in ection 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period n 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 xed by the Secretary until the amount is paid.

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

(iii) Final ecisions. The Contracting 0 icer will issue a final decision as required by·33.211 if--

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

(B) The C ntractor fails to liquidate a de~t previously demanded by the Contracting Officer within the timeline specified in the de mand for ayment unless the amounts w re not repaid because the Contractor has requested an installment payment agreement; or

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

(iv) If a de and for payment was previo~slY issued for the debt, the demand for payment included in the final decision shall identify the same e date as the original deman1 for payment.

(v) Amou ,,""'11 be due at the earliest 1'tbe following date"

L

RFQP03151500020 Page 7 of 31 e fixed under this contract.

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

(vi) The in erest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--e on which the designated office receives payment from the Contractor;

I

(B) The d e of issuance of a Governmejt check to the Contractor from which an amount otherwise payable has been withheld as a credit agai st the contract debt; or 'r

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

(vii) The i terest charge made under thislclause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi tion Regul tion in effect on the date oft~is contract.

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

I

(I) Delive of the supplies to a carrier, Wtransportation is f.o.b. origin; or

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

(k) Taxes. he contract price includes al~applicable Federal, State, and local taxes and duties.

(I) Termin tionfor the Government'sconvenience.The Government reserves the right to terminate this contract, or any part hereof, for its sole co .venience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any nd all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentag of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges th Contractor can demonstrate 110the satisfaction of the Government using its standard record keeping system, have resulted from the t rmination. The Contractor Sh~llnot be required to comply with the cost accounting standards or contract cost principles for this purpo e. This paragraph does not gi e the Government any right to audit the Contractor's records. The Contractor shall not be paid for any w k performed or costs incurre which reasonably could have been avoided.

(m) Termi ationfor cause.The Govern ent may terminate this contract, or any part hereof, for cause in the event of any default by the Contra tor, or if the Contractor fails 0 comply with any contract terms and conditions, or fails to provide the Government, upon request, w th adequate assurances offu re performance. In the event of termination for cause, the Government shall not be liable to the Contra tor for any amount for suppli s or services not accepted, and the Contractor shall be liable to the Government for any and all rights a d remedies provided by law. f it is determined that the Government improperly terminated this contract for default, such terminatio shall be deemed a terminati for convenience.

(P) Limita ·onof liability.Except as othe for conseq ential damages resulting fro ise provided by an express warranty, the Contractor will not be liable to the Government any defect or deficiencies in accepted items.

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

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

(q) Other ompliances.The Contractor s all comply with all applicable Federal, State and local laws, executive orders, rules and regu lations ap licable to its performance un r this contract.

(r) Compli nee with laws unique to Gov rnment contracts.The Contractor agrees to comply with 31 U.S.c. 1352 relating to limita tions on th use of appropriated funds to influence certain Federal contracts; 18U.S.C. 431 relating to officials not to benefit; 40 U.S.C.37 1, et seq., Contract Work Ho rs 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. 409 relating to whistleblowe protections; 49 U.S.C. 40118, fly American; and 41 U.S.C. 423 relating to procurement in tegrity.

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

(1) The sc edule of supplies/services.

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

RFQP03151500020 Page 8 of 31

(3) The cia se at 52.212-5.

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

(5) Solicit ion provisions if this is a solicitation.

cuments, exhibits, and attachments.

I

(8) Other

(9) The sp cification.

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

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

(ii) If the ontractor fails to comply Wi~·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 hat shows the Contractor to b other than the Contractor indicated in the contract will be considered to be incorrect inform ation with' the meaning of the "suspen1ion of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The C ntractor shall not change the arne or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an ssignee for the purpose of ass gnment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered n the CCR database. Informa ion provided to the Contractor's CCR record that indicates payments, including those made by EFT, t an ultimate recipient other th n that Contractor will be considered to be incorrect information within the meaning of the "Susp sion of payment" paragraph fthe EFT clause of this contract.

(4) Offero s and Contractors may obtain information on registration and annual confirmation requirements via the internet at ht tp://www.cr.gov or by calling 1-888-22 -2423 or 269-961-5757.

(End of cl use)

A.1AD ENDUMTO FAR S2J12-4, Contract Terms and Conditions-Commercial Items (June 2010)

The te s and conditions for the ollowing clauses are hereby incorporated into this solicitation and resulting contract s an addendum to FAR lause 52.212-4.

RFQP03151500020 Page 9 of31

Foreign Purchases (June 2008)

Breach of Contract Claim (Oct 2004)

Commercial Items (Dec 2009) called for by this contract will not be accepted unless the variation has been caused by con "",au,,,!'., shipping, or packing, allowances in manufacturing processes, and then only to the extent, ifany, specified in clause. I

1-'''+''''''''''L'''' variation shall be li~ited to:

or decrease shall apply to te total contract quantity. * Contracting Officer shall ~nsert in the lank the designation(s) to which the percentages apply, such as--

(1) The quantity; ,

(2) Item I

(3) Each

(4) The

(5) The (End of

.._,,,,.u,'.,.~"'''.As used in this clause-l..lOlntnlct()rRegistration (CCR) ,....,4U.~"" means the retired primary Government repository for Contractor information re-conduct of business with Government.

"Commercial and Government Entity code" means-assigned by the Defense Agency (DLA) Logistics Information Service to identify a commercial or Government nPl'lvP'nv schedule;

destmanon; or regard to destination.

Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

code."

number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to

) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that

4-c:hallcter suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart that-mandatory information, including the DUNS number or the DUNS+4 number, as well as data re

Accountability and Transparency Act of2006 (see Subpart 4.14) into the SAM database;

database; and manuatory data fields, to include validation of the Taxpayer Identification Number (TIN) with

RFQP03151500020 Page 10 of 31 the Interna Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation 0 the Government as a part of the SAM registration process.

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

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

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

(b) (1) Th 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 S M registration shall be for thelsame name and address identified on the contract, with its associated CAGE code and DUNS or DUNS

(3) If indic ted by the Government during performance, registration in an alternate system may be required in lieu of SAM.

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

(1) A con actor may obtain a DUNS nU~ber-

(i) Via the internet at http://fedgov.dnb.cmlwebform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-7 5-5711 if located within the .nited States; or

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

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

(i) Compa y legal business name. .

(ii) Trade tyle, doing business, or other~ame by which your entity is commonly recognized.

(iii) Comp y physical street address, ci ,state and Zip Code.

(iv) Comp ny mailing address, city, stat and Zip Code (if separate from physical).

(v) Compa y telephone number.

(vi) Date t e company was started.

(vii) Num er of employees at your location.

(viii) Chie executive officer/key manager.

(ix) Line 0 business (industry).

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

(d) Reserv d.

(e) Proces ing time for registration in S1M, which normally takes five business days, should be taken into consideration when regis tering. Co tractors who are not already r gistered should consider applying for registration at least two weeks prior to invoicing.

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

(g) (1) (i) a Contractor has legally cha ged its business name, "doing business as" name, or division name (whichever is shown on the contra t), or has transferred the asset used in performing the contract, but has not completed the necessary requirements regarding novation a d change-of name agreement in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documen tion to support the legally cha ged name with a minimum of one business day's written notification of its intention to- {A) Chan e the name in the SAM datab se;

(B) Comp with the requirements of su part 42.12 of the FAR; and

(C) Agree n writing to the timeline and rocedures specified by the responsible Contracting Officer.

(ii) If the ontractor fails to comply wit 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, a d, in the absence of a properly executed novation or change-of-name agreement, the SAM in formation hat 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 "Suspen ion of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The C tractor shall not change the arne or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an ssignee for the purpose of ass gnment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ ately regis ered in the SAM database. In 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 fthe EFT clause of this contract.

(h) Contra tors may obtain information n registration and annual confirmation requirements via the SAM accessed through ht tps:/lwww acguisition.gov or by calling 66-606-8220, or 334-206-7828 for international calls.

(End ofCl use)

52.232-25 Prompt Payment (Oct 2008)

Notwiths ding any other payment clau e in this contract, the Government will make invoice payments under the terms and condi-

RFQP03151500020 Page 11 of 31 tions speci led 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 tr sfer (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 con erning payments due on Sa~days, Sundays, and legal holidays.)

(a) Invoice ayments-

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

(A) The 3 h day after the designated bilting office receives a proper invoice from the Contractor (except as provided in paragraph (a)(l)(ii) 0 this clause).

h day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment ubject to contract settlement ~ctions, acceptance is deemed to occur on the effective date of the contract settlement.

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

(2) Certai food products and otherpaYfents.

(i) Due da s on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats r oils, and food products pr~ared from edible fats or oils are -

(A) For m at or meat food products, as fined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further de ned in Pub. L. 98-181, incIud ng any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and ny perishable egg product, as lose as possible to, but not later than, the 7th day after product delivery.

(B) For fr h or frozen fish, as defined iq section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possibl to, but not later than, the 7th day after product delivery.

(C) For pe .shable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C.49 a(4)), as close as possible to, ~ut not later than, the 10th day after product delivery, unless another date is specified in the contract.

(D) For da ry products, as defined in seCI'ion111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, an 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 pr per invoice has been receive . Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayon naise, sala dressings, and other similar roducts, fall within this classification. Nothing in the Act limits this classification to refriger ated produ ts. When questions arise reg ding the proper classification of a specific product, prevailing industry practices will be fol lowed in s ecifying a contract payment rue date. The burden of proof that a classification ofa specific product is, in fact, prevailing industry p ctice is upon the Contractor raking the representation.

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

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

5 days for erishable agricultural comm dities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the r sons why it is not a proper in oice. The Government will take into account untimely notification when computing any in terest pen ty owed the Contractor.

(i) Name d address of the Contractor.

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(ii) Invoic date and invoice number. (T1e Contractor should date invoices as close as possible to the date of the mailing or transmis sion.)

(iii) Contr ct number or other authorizatjon for supplies delivered or services performed (including order number and contract line item num r).

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

RFQP03151500020 Page 12 of 31

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

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

(vii) Name (where practic~ble), title, phore number, and mailing a~dress o~person to not~fYi~ the eve~t of a .defective invoi~e. .

(viii) Taxp yer Identification Number (TM. The Contractor shall Include Its TIN on the mvoice only if required elsewhere In this contract.

(ix) Electr nic funds transfer (EFT) banking information.

(A) The C ntractor shall include EFT bafking 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 subm tted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electro ic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applic able agenc procedures.

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

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

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

(i) The de .gnated billing office receiver a proper invoice.

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

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

(5) Comp ingpenalty amount.The Gov rnment will compute the interest penalty in accordance with the Office of Management and Budget pr mpt payment regulations at 5 FR Part 1315.

(i) For the ole purpose of computing an ,'nterest penalty that might be due the Contractor, Government acceptance is deemed to occur constructi ely on the 7th day (unless oth' rwise specified in this contract) after the Contractor delivers the supplies or performs the ser vices in ac ordance with the terms and c nditions of the contract, unless there is a disagreement over quantity, quality, or Contractor complianc with a contract provision. If ctual acceptance occurs within the constructive acceptance period, the Government will base the detenn nation of an interest penalty n the actual date of acceptance. The constructive acceptance requirement does not, however, compel G vernment officials to accept s pplies or services, perform contract administration functions, or make payment prior to ful filling thei responsibilities.

(ii) The pr mpt payment regulations at 5 CFR 1315.l0(c) do not require the Government to pay interest penalties if payment delays are due to isagreement between the Go ernment and the Contractor over the payment amount or other issues involving contract com pliance, 0 on amounts temporarily with eld or retained in accordance with the terms of the contract. The Government and the Con tractor sha I resolve claims involving dis utes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. .

(6)Disco tsfor promptpayment. The ~Signated payment office will pay an interest penalty automatically, without request from the Contracto if the Government takes a di count for prompt payment improperly. The Government will calculate the interest penalty in accordanc with the prompt payment re lations at 5 CFR Part 1315.

(7)Additi nal interestpenalty. '

(i) The de ignated payment office will pI'y a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 n addition to the interest pena ty amount only if -

RFQP03151500020 Page 13 of 31

(A) The G ernment owes an interest peJalty of$1 or more;

(B) The de ignated payment office does ot pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Co tractor makes a written demaad to the designated payment office for additional penalty payment, in accordance with para graph (a)(7 (ii) of this clause, postmarkei not later than 40 days after the invoice amount is paid.

(ii)(A) The Contractor shall support wri~fn demands for additional penalty payments with the following data. The Government will not request any additional data. The Conjactor shall -

(1) Specifi ally assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment in terest pena and such additional penalty as may be required;

(2) Attach copy of the invoice on WhiC~the unpaid late payment interest is due; and

(3) State th t payment of the principal ha~ been received, including the date of receipt.

(B) Ifther is no postmark or the postmark is illegible -

(1) The de ignated payment office that rj~eives the demand will annotate it with the date of receipt, provided the demand is received on or befo the 40th day after payment jas made; or

(2) If the d signated payment office fails Itomake the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.

(iii) The a ditional penalty does not apPlt to payments regulated by other Government regulations (e.g.,payments under utility con tracts subj ct to tariffs and regulation). ;

(b) Contra tfinancingpayment. If this Jntract provides for contract financing, the Government will make contract financing pay ments in a cordance with the applicable fontract financing clause.

(c) Fastp mentproceduredue dates. I~this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made with n 15 days after the date of receipt of the invoice.

ments.If the Contractor beccjmes aware of a duplicate contract financing or invoice payment or that the Government has verpaid on a contract financing or invoice payment, the Contractor shall -

(1) Remit e overpayment amount to th~ payment office cited in the contract along with a description of the overpayment including the -

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(i) Circum tances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affect d contract number and delive~ order number if applicable;

(iii) Affec d contract line item or sUblinr item, if applicable; and

(iv) Contr ctor point of contact. I

(2) Provid a copy of the remittance and Isupporting documentation to the Contracting Officer.

(End of cl use) .

52.232-99 PROVIDING ACCELERA ED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIA TION) (AUG 2012)

(a) Upon ceipt of accelerated paymentf from the Government, the contractor is required to make accelerated payments to small busi ness subc ntractors to the maximum extfnt practicable after receipt of a proper invoice and all proper documentation from the small business s bcontractor.

(b) Includ the substance of this clause, jnclUding this paragraph (b), in all subcontracts with small business concerns.

(c) The ac eleration of payments under ~iS clause does not provide any new rights under the Prompt Payment Act.

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RFQP03151500020 Page 14 of 31

[END0

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ADDENDUM TO FAR 52.212-4]

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52.212-5

(a) The Co tractor shall comply with the ollowing Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con tract by refi renee, to implement provisio~s of law or Executive orders applicable to acquisitions of commercial items:

(I) 52.222- 0, Combating Trafficking in rersons (Feb 2009) (22 U.S.C. 7104(g)).

I (Aug 2007) of 52.222-50 (,2 U.S.C. 7104(g)).

, Protest After Award (Aug ~996) (31 U.S.C. 3553).

,Applicable Law for Breach! of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Co tractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated in his contract by reference to i~plement provisions of law or Executive orders applicable to acquisitions of commercial items: .

[Contracti gOfficer check as appropriaL.]

__ (1) 5 .203-6, Restrictions on sUbcoltractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10U.. C.2402). I

__ (2) 5 .203-13, Contractor Code of~usiness Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). , __ (3) 5 .203-15, Whistleblower Prote tions under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of . L. 111-5). (Applies to con acts funded by the American Recovery and Reinvestment Act of2009.).

__ (4) 5 .204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JuI201O) (Pub. L. 109-282) (31 U.S.C.

6101 note)

__ (5) 5 .204-11, American Recoverytnd Reinvestment Act--Reporting Requirements (JuI2010)(Pub. L. 111-5).

_(6) 52.2 9-6, Protecting the Governm nt's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarmen. (Dec 2010) (31 U.S.C. 6101 note).

.219-4, Notice of Price Evalu tion Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to reference, it shall so indicate in its offer) (15 U.S.C. 657a).

_(7) 52.2 9-10, Prohibition on Contra ing with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 74 of Division D of Pub. L. 111 8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 5 .219-3, Notice of Total HUB one Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a) .

eserved]

__ (11)() 52.219-6, Notice of Total stall Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) ternate I (Oct 1995) of 52.21 "

__ (iii) lternate II (Mar 2004) of 52. 19-6.

__ (12)() 52.219-7, Notice of Partial mall Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) lternate I (Oct 1995) of52.21 -7.

RFQP03151500020 Page 15 of 31

__ (iii) Iternate II (Mar 2004) of 52.2119-7.

__ (13) 2.219-8, Utilization of Small fusiness Concerns (Jan 2011) (15 U.S.c. 637(d)(2) and (3)).

__ (14)(i 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) A ternate I (Oct 2001) of52.219-9.

__ (iii) lternate II (Oct 2001) of 52.2 9-9.

__ (iv) lternate III (JuI2010) of52.2 9-9.

__ (15) 2.219-14, Limitations on Sub ontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (16) 2.219-16, Liquidated Damag s--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (17)(i 52.219-23, Notice of Price Ejvaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

2323) (ift e offeror elects to waive the ~djustment, it shall so indicate in its offer).

__ (ii) A ternate I (June 2003) of 52.2119-23.

__ (18) 2.219-25, Small Disadvantag d Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, s ction 7102, and 10US.c. 23 3).

__ (19) 2.219-26, Small Disadvantag d Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 71 2, and 10 U.S.C. 2323).

__ (20) 2.219-27, Notice of Total Se ice-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

__ (21) 2.219-28, Post Award Small usiness Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_(22) 52. 19-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(APR 201 ).

_(23) 52. 19-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Pro gram (AP 2011).

XX(24) 5 .222-3, Convict Labor (June 003) (E.O. 11755).

XX(25) 5 .222-19, Child Labor--Coope ation with Authorities and Remedies (JuI2010) (E.O. 13126).

XX(26) 5 .222-21, Prohibition of Segre ated Facilities (Feb 1999).

XX(27) 5 .222-26, Equal Opportunity ( ar 2007)(E.O. 11246).

XX(28) 5 .222-35, Equal Opportunity f r Veterans (Sep 2010) (38 U.S.C. 4212).

XX(29) 5 .222-36, Affirmative Action f r Workers with Disabilities (Oct 2010) (29 US.C. 793).

XX(30) 5 .222-37, Employment Report on…