RFQmeat11.pdf

RFQP05051300011 Page 1 ot 32 lit/.A £«,irar>M Ctnlrol N.irw:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TOCOMPLETE BLOCKS 12, 17, 23, 24 &30

1. REQUISITION NUMBER

1103-0018

2. CONTRACT NO, 3 AWARD.EFFECTIVE

DATE

4.0P.OER NUMBER

7. FOR SOLICITATION

INFORMATION CALL:

ISSUED BY

Federal Bureau of Prisons FMC Carswell

J Street

Building 3000 Fort Worth, TX 76127

15 DELIVER TO

Federal Bureau of Prisons

FMC Carswell

J Sircel Building 3000 Fori Worth, TX 76127

17a. CONTRACTOR/

OFFEROR

TELEPHONE NO

•ZQVt

.. N.'.Mi

RoyFranklin

CCDE

fACILIIV

CODE

BCRW

I llTb.CHECK IFREMITTANCE ISDIFFERENT AND PUT SUCH ADDRESS IN ii-i-' >•

19, ITEM NO.

20.

$CHEDULE OF SUPPLIES/SERVICES

Delivery Dale: 07/01/2013

Please enter your DUNS#_ and TINS

5 SOLICITATION NUMBER

RFQPO5O5I30O01I

6 SOLICITATION ISSUE

DATE

06/13/2013

D. TELEPHONE NUMBER (W COWcic*W)

817-782-4126

8 OFFER DUE DATE! LOCAL

TIME

06/24/2013 17:00:00

10. THE ACQUISITION IS n UNRESTRICTED OR [(] SET ASIDE :|00.00 %FOB

^ SMAU *JSl«S3 I I HJBKINf SMAil

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RATED ORDER UNDER OPAS

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6 ADMINISTERED 8Y

Federal Bureau of Prisons

FMC Carswell

PO BOX 27066

ATTN: CONTRACTING

Fori Worth, TX 76127

8a PAYMENT WILL BE MAOE BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

ATTN: ACCOUNTING

Fort Worth, TX 76127

13b RATING

4. METHOD OF SOLICITATION

RFQ "1 IFBn ";i aS1 p^p code BCRW

CQOt BCRW

180 SUBMIT INVOICE

CHECKED B

AUOflCSS SHOWNINBLOCK 18a UNLESSBLOCK BELOW IS

SEE ADDENDUM

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Failure tocomplywiththe stated item specifications could result inyour quoted item not being considered foraward.

No specification substitutions will beaccepted.

Sec Continuation Shect(s) \ll" •»••«!•-•*«• <t«M**»»«••.• <•»«««**""•••»>)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT {Fof Gort (tse Cv»>1

[X]j7ft SOLfCITATION INCORPORATES BY REFERENCE FAns?2^1.52.212-4. FAR 52.212 :MND52.2^5ARE ATTACHEO. ADDENDA [x] ARE [J ARE NOT ATTACHED p=j??|> CONTHACT*^nCHASEORDERINCORPORATESBVREFERENCEFARS22i2-*.5a2i2-5ISATTACHED AOOENDA ~| ARE T ARE NOT ATTACHtl)

| 28 CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT ANO RETURN

ISSUING OfHCE CONIHACl'OP AGREESTOFURNISH AND DELIVER ALL III

30a, SIGNATURE 0* OfTEROrvCONTRACTOH

COPIES TO

ISSUING OFFICE CONTRACTOR AGREES TO FURNISH AND DELIVER ALL IIIMSSET FORTH

OR OTHERWISE IDENTIFIED ABOVE ANDONANY ADDITIONAL SHEETSSUBJECTTO THE

TERMS ANO CONDITIONS SPECIFIED

D ?3 A'/'AHIJOr CONTRACT: H£F , „ OFFERDATEO .

YOUR OFFER ONSOLICITATION (BLOCK 5)INCLUOING ANY AODITIONS OR

CHANGES WHICH ARE SETFORTH HEREIN. ISACCEPTED ASTO ITEMS:

3t» UNITED STATESOF AUEHCA (SIGNATURE OF CONTRACT/NO OFFICER)

NAME AND TITLE OF SIGNER {TYPE OR PRINT) 2-y. :.m- •I'vai. ,:- .,.v," ,•: (hi :.•/.'?,!<•»'. i MaOl FiCi •• :T'-ri:c/'.r.'i/\':

RoyFranklin

31e DATESHjNf-D

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 {REV (ffi^OI?)

PlMUfttd Dy GSA FAR(48 CFR> 53312

19.

ITEM NO

20.

SCHEDULEOF SUPPLIES'SERVICES

32a GUANTITY IN COLUMN 21 MAS BEEN

1 RECEIVED | ] INSPECTED ] ACCEPTED. AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

320 SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32C. DATE

32«. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

PARTIAL [ JFiNAL

38 S.'R ACCOUNT NUMBER

34. VOUCHER NUMBER

39. S,'R VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

40. PAID DY

RFQPQ5051300011 Page 2 of 32

21.

QUANMIV

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

320. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

321.TELEPHONE NUMBEROF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 PAYMENT

[^COMPLETE QPARTIAL QfiNAL

37. CHECK NUMBER

118 I CERTIFYTHIS ACCOUNTIS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Prmt)

Mb. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

A2b RECEIVED AT (Location}

42c. DATE REC'D (YYMMVD} 42d. TOTAL CONTAINERS

STANDARDFORM 1449 (REV. 2£M12) BACK

RFQP05051300011 Page 3 of 32

Table of Contents faction Description page Number

1 Solicitation/Contract Form 1 2 Commodity or Services Schedule 4

1 Requirements - Delivery and Inspection „4 3 Contract Clauses 5

52.211-16 Variation In Quantity (Apr 1984) 9 52.211-17 Delivery of Excess Quantities (Sept 1989) 10 52.212-4 Contract Terms and Conditions-Commercial Items (June 2010) 5 52.212-5 ContractTerms and Conditions Required to Implement Statutesor Executive Orders-Commercial Items (Aug 2011) 11 52.232-18 Availability Of Funds (Apr 1984) 10 52.232-19 Availability Of FundsForThe NextFiscal Year (Apr 1984) 10

4 List of Attachments 17 5 Solicitation Provisions 18

52.212-3 Offeror Representations and Certifications-Commercial Items (May2011) 22

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) 21

52.212-1 Instructions to Offerers-Commercial Items (June 2008) 18 52.212-2 Evaluation - Commercial Items (Jan 1999) 21

RFQP05051300011

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Beel,Ground, regular Grind. 80%Lean, USDA Standardlorground beel pei 9CFR 319.15. delivered Frozen, GroundBeet shall consist ol chopped tresh and/or frozen beel without seasoning.

Beef, Ground, Patties. 4 02. IMPS 1136. Frozen, 80% Lean, Frozen. Round inShape, with Paper Separaiion or Individually Quick Frozen. Ground Beel Pattiesshall conslsi ol chopped fresh and'or Iro^en beel without seasoning and wilhoullhe addition ol beef fal as such, shall not contain more than 20 percent fat, andshall nol contain added wale', phosphatos. binders, or extenders. No PartiallyDefaited Tissue, NoAdvanced Meat Recovered Product (Pink Slime)When beefcheek meal (trimmed beel cheeks) is used in ihe preparation ol ground beel. theamounl ol such cheek meat shall be limited to 25 percent; and il in excess olnatural proportions.

its presence shall be declared on ihe label, in the ingredientstatement Delivered cases must be labeled with Ingredients and latpe'ceniage.

18,200.000000

6.500.000000

LB

LB

S ft

S

It you have any questions pertaining to specifications, please call Mr. Vic Hausler at 817-782-4061; and any questions about delivery call Mr. Jeff McCoy at 817-782-4268.

Requirements - Delivery and Inspection

All items will be closely inspected. Items may require (hawing and cooking to determine specification compliance. Receipt ofdeliv ery will be conditional for aperiod ofthree days to allow for adequate examination and testing. Frozen items must have ashelf life of three months minimum. Failure tocomply with specifications will be considered asnonconformance to the terms of the contract and contracts may be canceled, hems which are conditionally received and found tobe unacceptable must be picked up at the vendor's ex pense within two weeks ofnotification of noncompliance. Ifa refused product is not picked up within two weeks it will be disposed of.

All deliveries must be pelletizcd. All on-frozen, perishable foods must be delivered between 34 degrees Fto 40 degrees F. All frozen foods must be delivered at0 degrees F orbelow. Any products that indicate prior thawing will be refused. Vendors who fail tomeet delivery schedules orspecification may be removed indefinitely from future solicilations for bids.

Deliveries arc to be made at Federal Medical Center Carswell. J St.,Bldg 3000. Fort Worth. TX. Wcarc located on the Naval Air Sta tion Fort Worth Joint Reserve Base. Delivery hours are 7:30a.m. - 10:30 a.m. and 12:00 p.m. - 2:45 p.m. Monday through Friday ex cludingfederal holidays(firm adherence to hoursof delivery).

RFQP05051300011 Page 5 of 32

Section 3 - Contract Clauses

52.212-4 Contract Terms and CoiKliiioiis--Coinnieici.il Menu (June 2010)

(a) Inspection/Acceptance. The Contractorshall only tender foracceptance thoseitems that conformto the requirements of Uiis con tract. The Government reserves the right to inspector test any suppliesor services ihat have been tendered for acceptance. The Gov ernment may require repairor replacement of nonconforming suppliesor reperformance of nonconforming servicesal no increase in contract price.If repair/replacement or reperformance will not correct thedefects or is not possible, theGovernment mayseekan cquilable price reduction or adequate consideration for acceptance of nonconforming supplies or services. TheGovernment must exer cise its post-acceptance rights—

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

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

(b) Assignment. The Contractoror iLs assigneemayassign ils rights to receive paymentdue as a result of performance of thiscontract to a bank,trust company, or other financing institution, including any Federal lending agencyin 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 ils rights to receive payment under this contract.

(c) Changes, Changes in the lenns andconditions of thiscontract may be madeonly by written agreement of the parlies.

(dj Disputes. This contract issubject to the Contract Disputes Act of 1978. asamended (41 U.S.C. 601-613). Failure of the parlies to thiscontract to reachagreement on any request forequitableadjustment, claim,appealor actionarising under or relating to thiscon tract shall bea dispute to be resolvedin accordance with theclause at FAR52.233-1.Disputes,which is incorporated herein by refer ence. The Contractorshall proceed diligentlywith performance of thiscontract, pending final resolution of any disputearising under the contract.

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

(0 Excusable delays. The Contractorshallbe liable fordefault unless nonperformance iscaused by an occurrence beyond the reason ablecontrolof theContractorand without its fault or negligence such as. acts of God or the publicenemy, acts of the Government in cither ils sovereign or contractual capacity, fires, floods, epidemics, quaranline restrictions, strikes, unusually severe wcalhcr. and delays of common carriers. The Coniraclor shall notify Ihe Contracting Officer in writing as soon as it is reasonably possible after ihe commencement of anyexcusable delay, sellingforth the full particulars in connection therewith,shall remedy suchoccurrence with all reasonable dispatch, and shallpromptly give writtennotice to ihe Contracting Officerof the cessationof such occurrence.

(g) Invoice. (I) The Coniraclorshall submit an original invoice and three copies (orelectronic invoice, if authorized) lo ihe address designated in ihe conlracl lo receive invoices. An invoice must include-

(i) Name and address of the Conuracior;

(ii) Invoice dale and number;

(iii) Conlracl number, conlracl line item number and, if applicable, ihe order number;

(iv) Description, quantiiy,unil of measure, unit price and extended priceof the itemsdelivered;

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

RFQP05051300011 Page 6 of 32

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

(vii) Name and address of official lo whom paymenl is lo be sent;

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

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

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

(A) The Coniraclor shall include EFT banking information on ihe invoice only if required elsewhere in thisconlracl.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Conlractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33. Paymenl by ElectronicFundsTransfer-Cenlrat Contractor Regisiralion. or 52.232-34. Paymenl by Electronic FundsTrans fer-Other Than Ceniral Contractor Regisiralion). or applicable agency procedures.

(C) EFT banking information is not requiredif the Government waived[he requiremeni lo payby EFT.

(2) Invoices will be handled in accordance with ihe Prompi Payment Act (31 U.S.C.3903) and Officeof Management and Budget (OMB) prompt payment regulalions al 5 CFR Pan 1315.

(h) Patent indemnity. The Coniraclorshall indemnify ihe Governmeni and itsofficers, employeesandagents againsiliability, includ ing cosls. for actual or alleged direct or contributory infringement of. or inducement lo infringe, any United Stales or foreign patem, irademark or copyright, arising oul of the performance of this contract, provided the Conlractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Itemsaccepted. Payment shall be made for items accepted by ihe Government that have been delivered lo the deliv ery destinations sei forth in Ihis contract.

(2) Prompt paymenl.The Government will make payment in accordance wilh the Prompi Paymenl Act (31 U.S.C. 3903) and prompt paymenl regulalions al 5 CFR Part 1315.

(3) ElectronicFunds Transfer(EFT). If ihe Government makes paymenl by EFT. sec 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early paymenl. lime shall be computed from the dale of ihe invoice. For ihe purpose of computing the discount earned, payment shall be considered to have been made on Ihe date which appears on the paymenl checkor ihe specifiedpayment dale if an electronic funds transferpayment is made.

(5) Overpayments. If Ihe Coniraclor becomes aware of a duplicate contract financing or invoice paymenl or lhai ihe Governmeni has otherwise overpaid on a contract financing or invoice paymenl, Ihe Coniraclor shall --

(i) Rcmil the overpayment amount to the payment office cited in ihe conlracl along wilh a description of ihe overpayment including ihe-

(A) Circumslances of ihe overpayment (e.g.,duplicatepaymenl. erroneous payment,liquidation errors, datc(s)of overpayment);

(B) Affected contract number anddelivery'order number, if applicable;

(C) Affected contract line itemor subline item, if applicable: and

RFQP05051300011 Page 7 of 32

(D) Coniraclor point of contact.

(ii) Provide a copy of the remittance and supporting documentation toIhe Conlraciing Officer.

(6) Interest, (i) All amounts that become payable by Ihe Contractor lo the Governmeni under thiscontract shall bearsimple interest from ihe dale due until paid unless paid within 30 days ofbecoming due. The interest rale shall be the interesl rate established by Ihe Secretary ofthe Treasury as provided in Section 611 of the Conlracl Disputes Act of 1978 (Public Law 95-563), which is applicable to Ihe period in which ihc amount becomes due. as provided in (i)(6)(v) ofthis clause, and Ihen al the rate applicable for each six-month periodas fixed by the Secretaryunlil the amount is paid.

(ii) The Governmeni may issue a demand for payment toihe Coniraclor upon finding a debi isdue under the conlracl.

(iii) Finaldecisions. The Conlraciing Officer will issue a final decision as requiredby 33.211 if-

(A) The Conlraciing Officer and ihe Contractor are unable loreach agreemeni onthe existence oramouni ofa debt within 30 days;

(B)The Contractor fails lo liquidate a debtpreviously demanded by ihe Contracting Officer within the timeline specified inthe de mand for payment unless ihe amounts were noi repaid because Ihe Coniraclor has requested an installment paymenl agreement; or

(C) The Contractor requests a deferment ofcollection ona debt previously demanded by ihe Conlraciing Officer (see 32.607-2).

(iv) If a demand for paymenl was previously issued for ihcdebt, the demand for payment included in the final decision shall identify ihe same due dale as ihe original demand for paymenl.

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

(A) The date fixed under this contract.

(B)The date of the first written demand for paymenl. including anydemand for paymenl resulting from a default termination.

(vi) The interest charge shall be computed for the actual number ofcalendar days involved beginning onihe due dale and ending on-

(A) The dateon which ihe designated officereceives paymenl from ihe Contractor;

(B)The daleof issuance of a Government check to the Coniraclorfrom whichan amount otherwisepayablehas beenwithheld as a credit against Ihe conlracl debt; or

(C)Thedale on which an amouni withheld and applied lo Ihe conlracl debtwould otherwise have become payable totheConiraclor.

(vii) The interest charge made under this clause may be reduced under ihe procedures prescribed in32.608-2 ofthe Federal Acquisi tion Regulation ineffect on thedale of thisconlracl.

(j)Risk ofloss. Unless the contract specifically provides otherwise, risk of loss ordamage lothe supplies provided under Ihis contract shall remain wilh the Coniraclor until, and shall pass lo ihc Government upon:

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

(2)Delivery of thesupplies lotheGovernmeni at thedesiinaiion specified inthecontract, if transportation is f.o.b. destination.

(k) Taxes. The conlracl price includes all applicable Federal, Slate,and local taxesand duties.

RFQP05051300011 Page 8 of 32

(I) Terminationfor theGovernment's convenience. The Governmeni reserves ihc right to terminate ihis contract,or any part hereof, for its soleconvenience. In theeventof such termination, IheContractorshall immediately slop all work hereunder andshall immediately cause anyand all of its suppliers andsubcontractors lo ceasework.Subjecl lo ihe termsof thiscontract, theContractorshall be paida percentage of theconlracl price reflecting the percentage of ihc work performed prior lo ihe nolice of termination, plus reasonable chargesihc Contractorcan demonstrate lo Ihesatisfaction of the Governmeni using ils standard record keepingsystem, haveresulted from ihe termination. The Coniraclor shall not be required lo comply wilh the cost accounting standards or conlracl cosi principles for this purpose. This paragraph does noi give the Government any right to audit UicContractor's records. The Coniraclor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate ihis conlracl.or any part hereof, forcause in ihe evenlof anydefaultby theConiraclor. or if IhcConiraclorfails to comply wilh any conlracl lerms andconditions,or fails to providetheGovernment, upon request, with adequale assurances of fulure performance. In the event of termination for cause, the Governmeni shall noi be liable to theConlractor forany amount forsuppliesor servicesnoi accepted, and theConiraclorshall be liable to ihe Government foranyand all rights and remedies providedby law. If ii is determined lhai ihc Government improperly lerminaied thiscontract 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 conlracl shall pass to ihe Government upon ac ceptance, regardless of when or where ihe Governmeni takes physical possession.

(0) Warranty. The Coniraclor warrants and implies thai Ihc items delivered hereunder are merchantable and fit for use for the particu lar purpose described in ihis conlracl.

(p) Limitation ofliability. Except as otherwise provided by an express warranty, ihe Contractor will not be liable to ihc Governmeni for consequential damages resulting from any defect or deficiencies in accepted ilems.

(q) Othercompliances. The Coniraclor shall comply wilh all applicable Federal, Slate and local laws, executive orders, rules and regu lalions applicable to ils performance under mis contract.

(r) Compliance with lawsunique w Government contracts. The Contractoragrees lo comply wilh 31 U.S.C. 1352 relating lo limita tionson die useof appropriated funds to influence certain Federalcontracts; 18U.S.C.431 relating to officialsnot to benefit;40 U.S.C. 3701. et sea., Conlracl Work Hours and Safely 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 lo whislleblower proiections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating 10procuremenl in tegrity.

(s) Order ofprecedence. Any inconsistencies in thissolicitation or conlracl shall be resolved by giving precedence in Ihe following or-den

(1) The schedule of supplies/services.

(2)The Assignmenls. Disputes, Payments, Invoice. Olher Compliances, and Compliance wilh LawsUnique lo Governmeni Contracts paragraphs of this clause.

(3) The clause al 52.212-5.

(4) Addenda lo thissoliciialion or conlracl. including any licenseagreementsforcompuiersoftware.

(5) Soliciialion provisions if ihis is a soliciialion.

(6) Other paragraphs of ihis clause.

(7) The Standard Form 1449.

(8) Olher documents, exhibits, and attachments.