SF-1449.pdf

REQPO6I4O2-0001-1O Page 1 of 31

SOLICITATION/CONTRACTI'ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER 0MB Carance Confrol Numr

1103-0018

2. CONTRACT NO.

DATE

3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQPO6I4O2-0001-10

DATE

6. SOLICITATION ISSUE

08/21/2009

1. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Christine Coello

b. TELEPHONE NUMBER No cobol cabs

310-732-5238

8. OFFER DUE DATE I LOCAL

TIME

09/16/2009

9. ISSUED BY CODE TR.M

Federal Bureau of Prisons

PCI Terminal Island

P0 BOX 269

Attn: Food Service

Terminal Island, CA 90731

10. THE ACQUISITION IS

DUNRESTRICTED

OR SET ASIDE: 10O FOR

IEISMALL BUSINESS DEMERGINO SMALL BUSINESS

NAICS: 445110

RUBZONE

SMALL BUSINESS

SIZE STN'IDARD: E02 ERVICE-DISABLED VETERAN

DAWNED SMALL BUSINESS

UNLESS BLOCK IS MARKED

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS

Iji SEE NET 30

L..J SCHEDULE

13a. THIS CONTRACT ISA

13b. RATING

O RATED ORDER UNDER DPAS

15CFRTDO METHOD OF SOLICITATION

JRFQ

J

IFB 0RFP

15. DELIVER TO CODE

Federal Bureau of Prisons

PCI Terminal Island

1299 Seaside Avenue

Attn: Warehouse

Terminal Island, CA 90731

16. ADMINISTERED BY CODE I TRM

Federal Bureau of Prisons

PCI Terminal Island

P0 BOX 269

Attn: Contracting Officer

Terminal Island, CA 90731

17a. CONTRACTOR/ CODE i______________OFFEROR j FACILITY LCODE

TELEPHONE NO.

IBaPAYMENTWILLBEMADEBY CODE I TRM

Federal Bureau of Prisons

PCI Terminal Island

PU BOX 269

Attn: Accounting

Terminal Island, CA 90731

IBb. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK lBs UNLESS BLOCK BELOW IS

TTh. CHECK IF REMITFNICE IS DIFFERENT AND PUT SUCH ADDRESS IN HECKED 0 SEE ADDENDUM

See Schedule

Use Psi.,,, ar,d/v,AItacI, A5o,aI Shears's Nooses.,

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

El 2TA. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3AND 52.212-SARE ATTACHED. ADDENDA ARE El ARE NOTATFACHED

[]27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA []ARE flARE NOTATTACHED

0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES To `9 29. AWARD OF CONTRACT: REF.________ OFFER DATED________

YOUR OFFER ON SOLICITATION BLOCK 5 INCLUDING ANY ADDITIONS OR

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL1TELIS SET FORTH CI{&NGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

TERMS AND CONDITIONS SPECIFIED HEREIN.

30.. SIGNATURE OF OFFEROFUCONTRACTOR 31,. UNITED STATES OF AMERICA SIGNATURE OF CONTRACTING OFFICER

30b. NAME AND TITLE OF SIGNER TYPE OR PRIN1 30. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER TYPE OR PRINI I 31c DATE SIGNED

Christine Coello

AUTHORIZED FOR LOCAL REPROOUCTION STANDARD FORM 1449 REV. 312005

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR 48 CFR 53.21.2

RFQPO6I4O2-0001-1O Page 2 of 31

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

0 RECEIVED INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE

REPRESENTATIVE

32dPRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER

I'ARTIAL_I I9NAL

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

fl COMPLETE DPARTIAL OFINAL

38. SIR ACCOUNT NUMBER 9. S/R VOUCHER NUMBER 40. PAID BY

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

4Th. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT Location

42c. DATE RECD YY/MM/DD 42d. TOTAL CONTAINERS

STANDARD FORM 1449 REV. 312005 BACK

RFQPO6I4O2-0001-1O Page 3 of 31

Table of Contents

Section DescriDtion Pne Number

1 Solicitation/Contract Form 1

2 Commodity or Services Schedule 4

3 Contract Clauses 9

52.2 12-3 Offeror Representations and Certifications--Commercial Items Feb 2009 24

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items May 2009 9

52.212-5 Alt I Contract Tenns and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items May 2009 - Alternate I Feb 2000 12

4 List of Attachments 15

5 Solicitation Provisions 16

52.212-03 Offeror Representations and Certifications--Commercial Items July 2009 16

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS AUG2005... 23

52.232-31 Invitation to Propose Financing Terms Oct 1995 24

52.2 12-2 Evaluation - Commercial Items Jan 1999 31

RFQPO6I4O2-0001.1o Page 4 of 31

Section 2 - Commodity or Services Schedule

FOOD, OiLS AND FATS Beans, Dry Great Northern, oea navy areat northern, or small white beans U.S. no I arade 25 I bag,

as. std for grade, CID-A-A-20134, IJSN 8915-O'O-08i-0120

500.000000 LB

FOOD OILS AND FATS Beans, Dry Kidney Whole, 25 lb bag, light red or dark red kidney beans, CID A-A-2d134, Type II Class 3 500.000000 LB

FOOD OILS AND FATS Beans, Dry, Pinto, Whole, CID A-A-2d337, Type II Class 1 1,500.000000 LB

FOOD, OILS AND FATS Peanut Butter, Regular Stabilized Non-fortified, 6-5 lb Plastic Containers per case, `CID A-A-26328A, Style I, Class A, Texture 1, Type A

50.000000 CS

FOOD, OILS AND FATS Soy, Textured Protein, Patties Frozen

3.5 to 4 Ounce Potion, Fully Cooked, May Not Exceed 460 Mg of' Sodium per Portion

1,000.000000 LB

FOOD, OILS AND FATS : Dressina Italian Salad Low Cal 4- 1 Gallon Plastic Containers/case, CIIA-A-2O140C, `Type II, thyle A 154.000000 CS

FOOD, OILS AND FATS Margarine Bulk, All Vegetable, must Conform to USDA Specilications for Vegetable Oil Margarine 5,000.000000 LB

FOOD, OILS AND FATS : Oil Salad Bulk Canola, 4-1 Gallon Plastic containers per case, dID A-A2009'l D, Type I 19.000000 CS

FOOD OILS AND FATS : Shortening, General Purpose, All Vegetble, Semi-Solid No animal no pie shortenin9, 1 - 50 lb Block per case, CID AA-20100C,'Type I, NSN 894D-00-616-0091

4,000.000000 LB

FOOD, OILS AND FATS Beverage Coffee Ground, 30# per case, 1 lb bags 600.000000 LB

FOOD OILS AND FATS : Cake Mix, Yellow, 50 lb bag, CID A-A-26181, Type I, Style 2 75.000000 BG

FOOD OILS AND FATS Cake Mix, Yellow, 50 lb bag, CID A-A-2d181, Type I, Style 2 75.000000 BG

FOOD, OILS AND FATS Chocolate Chips, Semi-Sweet,

500.000000 LB

FOOD, OILS AND FATS : Flavoring, Vanilla, Imitation, 4/1 Gallon Containers 25.000000 CS

FRUITS AND VEGETABLES: Fruit, Apples, Sliced 6/#10 cans per case 150.000000 CS

FRUITS AND VEGETABLES: Fruit, Applesauce. Unsweetened, 6/#10 cans per case 75.000000 CS

FRUITS AND VEGETABLES: Fruit, Cherry, Marach, 61.5# Jar

25.000000 CS

FRUITS AND VEGETABLES : Fruit, Peaches. Canned, Quarters or slices yellow clingstone or freestone, light syrup pack, U.S. grade A or , 6-10 cans per case

125.000000 CS

FRUITS AND VEGETABLES : Fruit, Pineapple, Canned, Slice, 6- #lacanscase 100.000000 CS

FRUITS AND VEGETABLES : Fruit, Raisins, 6/#10 Cans Case

50.000000 CS

FOOD OILS AND FATS : Mustard, Prepared Yellow Salad Style.

4- 1 Gallon Plastic containers per case, CID A-A-20036C, Type I 100.000000 CS

FOOD, OILS AND FATS : Pizza Prepared, Frozen Cheese, aoproximatelv4'x6' Rectanale Iortion Thin Enriched Wheat Crust, Mozzarella Cheese per 21 CFR 133.155 Packed as pre-cut sheets individually quick frozen, CID, AAL20277, Type I, See setion for additional information

100.000000 CS

FOOD, OILS AND FATS : Salsa, Thick and Chunky, 4/1 gallon per case 175.000000 CS

FOOD, OILS AND FATS : Sauce, Barbeque Plain/Mild, 4- 1 Gallon Plastic containers per case, CID A-A-20335A 100.000000 CS

FOOD, OILS AND FATS : Sauce, Enchilada or Red Chili Sauce, 4- 1 Gallon Plastic containers per case 100.000000 CS

RFQPO614O2-0001-1O Page 5 of 31

FOOD, OILS AND FATS Spice, Baking Powder. Single Action

250.000000 LB

FOOD, OILS AND FATS : Spice, Baking Soda, Packagina: 1/2 oz to 5 lb sealed containers, Pure - no additives, extenders, how agents

30.000000 Cs

FOOD OILS AND EATS Spice Soup Base, Chicken Flavor, No Animaf Products, Packaging: 1 i6 to 25 lb sealed containers, Low Sodium maximum of 140 ma of sodium per 8oz of finished product$,See section 2 for additional Specifications

600.000000 LB

FOOD, OILS AND FATS : Spice, Basil, Sweet, Packagina: 1/2 oz to 5 lb sealed containers, Packaging must indicate actuardelivered weight of product, Pure- no additives, extenders

60.000000 LB

FOOD, OILS AND FATS : Spice Chili Powder, Ground, Packaging:

1/2 oz to 5 lb sealed containers, `Packaging must indicate actual delivered weight of product, Pure-no additives, extenders

500.000000 LB

FOOD OILS AND FATS : Spice Cumin, Ground, Packa oz to & lb sealed containers, Padkaging must indicate aJia?

1/2 delivered weight of product, Pure - no additives, extenders

FOOD, OILS AND FATS : Spice, Garlic Powder, Packaoing: 1/2 oz to 5 lb sealed containers, Packagina must be Labeled VVith Ingredients and Actual Delivered Wèiaht of Product Pure, From Dehydrated Garlic Bulb Ground to a Eine Powder, `See section 2 for additional Specifications

150.000000 LB

0032 250.000000 LB

FOOD OILS AND FATS : Spice Oregano, Dried Leaf, Packaging:

1/2 oz o 5 lb sealed containers, `Packaging must indicate actual delivered weight of rroduct. Pure - no additives, extenders

150.000000 LB

FOOD, OILS AND FATS Parsley Flakes Packaaing: 1/2 oz to 5 lb sealed containers, Packaaing must indicale actual delivered weight of `oduct, Pure - no addi1ves, extenders

15.000000 LB

FOOD, OILS AND FATS : Spice, Pepper, Black, Grd, Mm 0.15 Gm/pg. 3- 1000 Count per case 250.000000 LB

FOOD, OILS AND FATS : Spice, Salt, Table, Pure

2,000.000000 LB

FOOD OILS AND FATS : Spice Thyme, Ground, Packaging: 1/2 oz to & lb sealed containers, Padkaging must indicate actual delivered weight of xoduct, Pure - no additives, extenders

100.000000 LB

FOOD OILS AND FATS : Sugar, Brown, Light, 25 lb plastic lined bag, CID A-A- 20135, Type II, Style C 3,000.000000 LB

FOOD OILS AND FATS : Sugar Granulated, White Bulk, Cane or Beet, Iine, Extra-fine, or Super-the, CID A-A-20135b, Type I, Style A or B, NSN, 8925-01-059-5720

4,000.000000 LB

FOOD OILS AND FATS : Suaar Granulated, White, Individual Packet, Cane or Beet, Fine, 10O - 1/10 oz Packages per Case, CID A-A-20135, Type I, Style A or B.

250.000000 CS

FOOD OILS AND FATS : Syrup, Imitation Maple Regular Style, Thick, 1 - 1 Gallon Plastic Containers per Case, NSN 8940-00-082-2983

150.000000 CS

FOOD, OILS AND FATS : Vegetable, Potatos, Sweet, Canned, 6- #10 Cans per Case 50.000000 CS

FOOD, OILS AND FATS `Cereal, Prepared Ready to Eat, Bulk Package, Wheat Bran with Raisins, CID A-A20000t, Type I, Class 4,900.000000 LB

FOOD, OILS AND FATS : Cereal, Wheat, Quick Cookinth Enriched Farina, Unflavored, CID A-A-20108B, Type I, STYLE A, rlavor 1 2,000.000000 LB

FOOD OILS AND FATS : Cereal, Hominv Grits, White Quick-booking Enriched, Unflavored, CIb A-A-20035d, Type I, Style B, Flavor'l. 50# per bag

2,000.000000 LB

FOOD, OILS AND FATS : Chips, Potato, 60/1 oz bags per case

175.000000 CS

FOOD OILS AND FATS : Cornmeal, Yellow Degermed, Course Ground, CID A-A-20066A, Type Ill, Class B, `Color 2, Granulation A 600,000000 LB

FOOD, OILS AND EATS : Cornstarch, 24- 1 Lb Containers per case 450.000000 LB

FOOD, OILS AND FATS : Flour, General or All Purpose, Unbleached, CID A-A-20126F, Type Ill, Style A 14,000.000000 LB

FOOD, OILS AND FATS: Pasta, Macaroni, Elbow Form,, Packaaina: 5 lb to 40 lb sealed bags, Enriched. Regular, CID A-A-20'06'2D, Style A, 1,000.000000 LB

FOOD OILS AND FATS: Pasta Macaroni Ziti Form Packang: 5 lb to 4ó lb sealed bags, Enriched, Regular, `CID A-A40062D, I ype

XII.

450.000000 LB

FOOD, OILS AND FATS : Rice, Parboiled Light, Long Grain, U. S.

No. 1 or 2 - U. S. Standards for Grades 3,000.000000 LB

FOOD OILS AND FATS : Taco Shells, Corn, Fresh, Deep Fried. U Shapea Com Fresh, Deep Fried, U-shaped 200/case, CID A-A-201'43A, type Ill, Style A, Size 3 or 4. Shape B, Enrichment Type I

20.000000 CS

RFQPO6I4O2-0001-1O Page 6 of 31

FOOD, OILS AND FATS Veaetable Potatoes White. French Fries, Frozen, for Frying, Crinkle or gtraight Cut 8,500.000000 LB

FOOD, OILS AND FATS : Venetable, Potatoes, White, Mashed Instant Powder or Flakes 6 - Tho Cans per Case, CID A-A-20032F, Type II, Style A or Style ,

100.000000 CS

FOOD, OILS AND FATS : Vegetable, Potatoes, Sweet, Raw, 50 lb

40.000000 CS

FOOD, OILS AND FATS : Waffle, 144 count, Frozen

225.000000 CS

FOOD, OILS AND FATS : Relish, Pickles, Sweet. Bulk, Cured, 4-1 Gallon Plastic Containers per Case. 100.000000 CS

FOOD, OILS AND FATS : Tomato, Catsup, 6410 Cans per Case, US Grade A. U.S. Standards for Grades, 125.000000 CS

FOOD, OILS AND FATS : Tomato, Crushed, 6410 Cans per Case.

U.S. Grade A, U.S. Standards for Grades 443.000000 CS

FOOD, OILS AND FATS: Veoetable Beans, Green, Cut 6410 Cans Per Case, U.S. Grade or Betier. 150.000000 CS

FOOD, OILS AND FATS : Vetetable, Corn, Yello, Cut, Canned, U.S. Grade B or Better, 6410 Cans Per Case or 6/75 oz vac pac Cans per Case.

200.000000 CS

FOOD, OILS AND FATS: Vegetable, Greens. Collard, 6410 Cans per Case, U.S. Grade A or B. 100,000000 CS

FOOD OILS AND FATS : Vegetables, Mixed, 6-#10 Cans per Case, bID A-A-20120D 150.000000 CS

FOOD, OILS AND FATS : Vegetalbe, Peas and Carrots Mixed, 6410 Can per Case. 75.000000 CS

FOOD, OILS AND FATS : Vegetable, Peas, Sweet, canned, 6410 cans per Case. 75.000000 CS

FOOD, OILS AND FATS : Vegetable, Pickles, Dill, Slice, Small, 4 -1 Gallon Plastic containers Per Case. 75.000000 CS

FOOD, OILS AND FATS: Vegetable, Spinach, Cut, 6-#10 Cans per Case, U.S. Grade A 85.000000 CS

MEAT POULTRY, AND FISH Beef, Meatball, One Ounce, Fully Cookdd, Frozen, No More than 20% Added Ingredients, No Organ Meat

Label the Item with Code 240013

500.000000 LB

MEAT, POULTRY, AND FISH : Beef, Polish Sausage, 4 Ounce Link, Fully Cooked, Frozen, Skinless, IMPS 813, Formula D

LABEL THE PACKAGE WITH CODE IMPS 813.

1,500.000000 LB

MEAT, POULTRY, AND FISH : Beef, Steaks, Flaked and Formed Not Ground 4 Ounce Portion IMPS 1138, Frozen, Oval, Square or Half Moon'Shape, Not Breaded.

LABEL THE PACKAGE WITH CODE IMPS 1138.

500.000000 LB

MEAT, POULTRY, AND FISH : Chicken ? Diced, Boneless, Skinless, Raw or Precooked Chicken, tender, Breast or Thigh Meat, Frozen No Solution or Ingredients Added, Any'Combination of White, Darlor White and Dark.

2,500.000000 LB

MEAT, POULTRY AND FISH : Chicken, Patty, Breaded, Chunked and Formed Not Oround or Comminuted Cooked Weight 4 Ounces, Natural Proportion White to Dark'Meat Individually Quick Frozen. Precooked, Round or Oval Shape, CId A-A-20276A. Type VI, Style B, Meat Type A, Form 1

2,000.000000 LB

MEAT, POULTRY, AND FISH Chicken, Leg Quarter, Ready to Cook, Frozen, U.S. Grade A. U.S. Standards, and Grades for Poultry, Cut from 2.5 to 3.0 lb Broiler or Fryer, Unbreaded

12,000.000000 LB

MEAT, POULTRY, AND FISH : Chicken, Tenders, Ready to Cook Frozen, U.s. Grade A, U.S. Standards, and Grades for Poultry, Cut from 2.5 to 3.0 lb Broiler or Fryer, Unbreaded

4,000.000000 LB

MEAT, POULTRY, AND FISH : Fish, 4 Ounce Portions, Oven Ready, Breaded. Frozen. Cut from Pollack, Whiting Flounder, Cod, or Tilapia Fillet Block Not Minced Oven Ready Pdrtion Weight 4 Ounces Rectangle Shape, Meets the Requirements of Grade A See Se&ion 2 for additonal Spec.

1,200.000000 LB

MEAT, POULTRY AND FISH : Fish, Fillets Practically Boneless 4 to 6 Ounce Solid Fillet, Cut from Pollack, Whiting, Flounder Cod.

or Tilapia, Individually Quick Frozen or Shatter Pack, Skin 0d Skinless, ee Section 2 for additonal Spec.

2,000.000000 LB

MEAT, POULTRY. AND FISH : Hotdogs, Turkey, Skinless, Cooked, 10 Hotdogs per lb 878.000000 LB

MEAT, POULTRY AND FISH Pork Roast, Pork, Shoulder, Boston Butt, Boneless, Raw, IMPS 406A, Frozen, No Solution or Ingredients Added, Whole Muscle ONLY, No ends and oieces.

Quoter MUST indicate average roast weight of quoted item.

1,722.000000 LB

RF0P061402-0001-1o Page 7 of 31

MEAT, POULTRY AND FISH Turkey, Bologna, Frozen, artificial casino 7-12 pounas per case, 4"-5" diameter, uniform in length, no pork,'IMPS #801

1,500.000000 LB

LABEL THE PACKAGE WITH CODE IMPS 801

MEAT, POULTRY, AND FISH: Turkey Ham Packed 2/9 toll lb casings per case or 2/7 to9 lb casinos. No olher altemate packaging. Frozen, Fully Cooked CFiunked and Forrned.No ground or Comminuted meat `See Sectiong 2 for Additional Specifications

2,500.000000 LB

MEAT POULTRY. AND FISH Turkey Salami, Artificial Casing 3.5"- 4.5' Diameter, Frozen, No Organ meat 1,000.000000 LB

MEAT POULTRY AND FISH Turkey Boneless, Roast, Raw, Boned Rolled and'Tied or netted, 5 -l'lb Ran9e, Breast Meat Minimum' 54 %, Thigh Meat Maximum 34%, Skin Maximum l2.5, No §olution or lnaredien'is Added, Quoter MUST indicate average roast weight oIquoted item.

3,919.000000 LB

MEAT, POULTRY. AND FISH `Turkey, Whole, Precooked, Not Smoked, Whole Turkeys, 22-24# per turkey. 2,794.000000 LB

DAIRY FOODS AND EGGS : Cheese, American, Processed, 4/5 lb or 6/5 lb Loaf/Block per Case. 120 Slices per 5 lb Loaf/Block, Stack Pack, Medium Blend, Pasteurized, Sliced, with Lecithin non-stickina aaent. Colored, USAD Stamped, Not more than 40% Water by Wight.

2,500.000000 LB

DAIRY FOODS AND EGGS : Cheese, Cheddar, Natural, Mild, Yellow, Loaf/Block or Shredded Coarse, Rineless Aaed 30- 60 Days, Milk Fat Solids: 50% Minimum, Moisture 39% Maximum, Wisconsin Grade A or Equivalent, Packaging: 5 lb to 40 lb sealed Bags or containers

2,000.000000 LB

DAIRY FOODS AND EGGS : Cheese, Mozzarella, Part Skim, Loaf/Block or Shredded, Low Moisture, Milk Fat in Solids: 40% Minimum, Moisture 52% Maximum, Wisconsin Grade A or Equivalent, Packaqing: 5 lb to 40 lb sealed Bags or containers

2,500 .000000 LB

DAIRY FOODS AND EGGS : Sour Cram, 5 Pounds per Container, CID A-A-20251, Group I, Class A. 2.000000 CS

Line Item 22 Pizza

Style of Pizza A, Type of Cheese A, Size b, Shape 2, Cut a. -Ingredients: pizza will consist of a dough ernst, tomato sauce, cheese and spices. The dough crust will contain enriched flour and yeast and/or other leavening agents. The sauce shall be prepared from peeled and cored tomatoes, tomato puree, and/or tomato paste; water; and spices, including salt; and/or other ingredients as appropri ate. Product shall be manufactured not more than 180 days prior to delivery. Quoter MUST indicate actual portion weight, dimen sions, & case pack

Line Item 28 Spice, Soup Base, Chicken Flavor

The finished product must be completely soluble in boiling water when prepared according to the label instructions. Single yield: The one 1 lb. of powdered finished product must dilute to a final volume of not less than five 5 gallons.5.67 grams makes an 8 oz cup serving size.Double yield - 1 lb = 10> gal triple yield - 1 lb = 15> gallon. Yield must be marked on container. All delivered product must be labeled with ingredients. NOTICE: Vendor must include cost for finished 10 gallons of broth. Failure to respond should be considered a non-responsive Quote.

Line Item 32 Spice, Garlic Powder

100% Air Dried Garlic After the Milling Process, Appearance - Cream Brown Fine Powder With The Characteristic Odor and Flavor of Garlic. No Off Notes, Texture - A Dry Medium Fine Granular Powder, Slightly Fibrous, Moisture - No More That 12%, Grade -

Free From Foreign Mailer. No Additives, Extenders, Line Item 76 Fish, 4 Oz, Portions

Meets the Requirements of Grade A 65% by Weight of Fish Flesh US Standards for Grades Frozen Fried Fish Portions, Crumb

Coated Breading, Cifi A-A-20325, Fish Species III, Style A, Form B, Type 2, Oven Ready Weight C, Shape 1, Fried Fish Type B, Composition A, Coating

Line Item 77 Fish, Fillets Practically Boneless

Skin off-Skinless, Grade A or B Based on the United States Standards for Grades of Fish Fillets, 100% fish, Quotcr MUST indicate if quoted item is skin-on or skin-off

RFQPO6I4O2-0001-1o Page 8 of 31

Line Item 81 Turkey Ham, Packed 2/9

No More than 20% Water Added, Must be Produced in a Plant With USDA-PSIS Inspection Service. Official USDA Poultry Depart ment Certificated of Condition is Required With Each Delivery. No Turkey Ham Picnics

RFQPO6I4O2-0001-1o Page 9 of 31

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, CONTRACT

ITEMS OCT 2008

TERMS AND CONDITIONS - COMMERCIAL

The terms and conditions for the following clauses are contract as an addendum to FAR clause 52.2 12-4.

hereby incorporated into this solicitation and resulting

Clauses B', Reference lause itie ate

2.242-17 overnment Delay of Work Apr 1984 11/08/2006

2.212-4 ontract Terms and Conditions-Commercial Items Mar 2009 3/31/2009

Contract Terms anØ Conditions Required to Implement Statutes or Executive Orders--Commercial Items May 2009 a The Contractor shall comply with the following Federal Acquisition Regulation FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

1 52.222-50, Combating Trafficking in Persons Feb 2009 22 U.S.C. 7 104g.

_Alternate I Aug 2007 of 52.222-5022 U.S.C.7104g.

2 52.233-3, Protest After Award Aug 1996 31 U.S.C. 3553.

3 52.233-4, Applicable Law for Breach of Contract Claim Oct 2004 Pub. L. 108-77, 108-78 b The Contractor shall comply with the FAR clauses in this paragraph b that the Contracting Officer has indicated as being incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

1 52.203-6, Restrictions on Subcontractor Sales to the Government Sept 2006, with Altemate 1 Oct 1995 41 U.S.C. 253g and

10 U.S.C. 2402.

2 52.203-13, Contractor Code of Business Ethics and Conduct Dec 2008Pub. L. 110-252, Title VI, Chapter 141 U.S.C. 251 note.

3 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 Mar 2009 Section 1553 of Pub. L. 111-5. Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.

_4 52.204-li, American Recovery and Reinvestment Act-Reporting Requirements Mar 2009 Pub. L. 111-5.

5 52.219-3, Notice of Total llUBZone Set-Aside Jan 1999 15 U.S.C. 657a.

FEND OF ADDENDUM TO FAR 52.212-4]

52.2 12-5 05/14/2009

6 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns July 2005 if the offeror elects to

RFQPO6I4O2-0001-1O Page 10 of 31 waive the preference, it shall so indicate in its offer 15 U.S.C. 657a.

- 7 [Reservedj

XX 8052.219-6, Notice of Total Small Business Set-Aside June 2003 15 U.S.C. 644.

- ii Alternate I Oct 1995 of 52.219-6.

- iii Alternate!! Mar 2004 of 52.219-6.

- 9i52.219-7, Notice of Partial Small Business Set-Aside June 2003 15 U.S.C. 644.

- ii Alternate! Oct 1995 of 52.219-7.

- iii Alternate II Mar 2004 of 52.219-7.

_lO 52.219-8, Utilization of Small Business Concerns May 2004 15 U.S.C. 637d2 and 3.

1li52.2l9-9, Small Business Subcontracting Plan Apr 2008 15 U.S.C. 637d4.

- ii Alternate! Oct 2001 of 52.219-9.

iii Alternate I! Oct 2001 of 52.219-9.

_12 52.219-14, Limitations on Subcontracting Dec 1996 15 U.S.C. 637a14.

_13 52.219-16, Liquidated Damages-Subcontracting Plan Jan 1999 15 U.S.C. 637d4Fi.

- 140 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns Oct 2008 10 U.S.C.

2323 if the offeror elects to waive the adjustment, it shall so indicate in its offer.

- ii Alternate I June 2003 of 52.219-23.

_15 52.2 19-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting Apr 2008 Pub. L.

103-355, section 7102, and 10 U.S.C. 2323.

_16 52.219-26, Small Disadvantaged Business Participation Program --Incentive Subcontracting Oct 2000 Pub. L. 103-355, sec tion 7102, and 10 U.S.C. 2323.

17 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside May 2004 15 U.S.C. 657 f.

XX18 52.219-28, Post Award Small Business Program Rerepresentation Apr 2009 15 U.S.C. 632a2.

XX 19 52.222-3, Convict Labor June 2003 E.O. 11755.

XX 20 52.222-19, Child Labor -- Cooperation with Authorities and Remedies Feb 2008E.O. 13126.

XX 21 52.222-21, Prohibition of Segregated Facilities Feb 1999.

XX 22 52.222-26, Equal Opportunity Mar 2007 E.O. 11246.

_23 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Sept

2006 38 U.S.C. 4212.

XX 24 52.222-36, Affirmative Action for Workers with Disabilities Jun 1998 29 U.S.C. 793.

25 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

Sept 2006 38 U.S.C. 4212.

26 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees Dec 2004 E.O. 13201.

27 52.222-54, Employment Eligibility Verification Jan 2009. Executive Order 12989. Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.

- 280 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items May 2008 42 U.S.C.

6962c3Aii. Not applicable to the acquisition of commercially available off-the-shelf items.

- ii Alternate! May 2008 of 52.223-9 42 U.S.C. 6962i2C. Not applicable to the acquisition of commercially available off-the-shelf items.

29 52.223-15, Energy Efficiency in Energy-Consuming Products Dec 2007 42 U.S.C. 8259b.

30i 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products Dec 2007 E.O.

13423.

_ii Alternate! Dec 2007 of 52.223-16.

XX 31 52.225-1, Buy American Act--Supplies Feb 2009 41 U.S.C. lOa-lOd.

- 320 52.225-3, Buy American Act--Free Trade Agreements --Israeli Trade Act Feb 2009 41 U.S.C. l0a-lOd, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169.

- ii Alternate! Jan 2004 of 52.225-3.

- iii Alternate II Jan 2004 of 52.225-3.

33 52.225-5, Trade Agreements Mar 2009 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note.

XX 34 52.225-13, Restrictions on Certain Foreign Purchases June 2008 E.O.s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury.

RFQPO6I4O2-0001-1o Page 11 of 31

35 52.226-4, Notice of Disaster or Emergency Area Set-Aside Nov 2007 42 U.S.C. 5150.

36 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area Nov 2007 42 U.S.C. 5150.

37 52.232-29, Terms forFinancing of Purchases of Commercial Items Feb 2002 41 U.S.C. 255f, 10 U.S.C. 2307f.

38 52.232-30, Installment Payments for Commercial Items Oct 1995 41 U.S.C. 255f, 10 U.S.C. 2307f.

XX 39 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor Registration Oct 2003 31 U.S.C. 3332.

- 40 52.232-34, Payment by Electronic Funds Transfer-- Other than Central Contractor Registration May 1999 31 U.S.C. 3332.

_41 52.232-36, Payment by Third Party May 1999 31 U.S.C. 3332.

_42 52.239-I, Privacy or Security Safeguards Aug 1996 5 U.S.C. 552a.

- 43052.247-64, Preference for Privately Owned U.S-Flag Commercial Vessels Feb 2006 46 U.S.C. Appx. 1241b and 10

U.S.C. 2631.

- ii Alternate I Apr 2003 of 52.247-64.

c The Contractor shall comply with the FAR clauses in this paragraph c, applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

1 52.222-41, Service Contract Act of 1965 Nov 2007 41 U.S.C. 351, et seq..

_2 52.222-42, Statement of Equivalent Rates for Federal Hires May 1989 29 U.S.C. 206 and 41 u.s.C. 351, et seq..

- 3 52.222-43, Fair Labor Standards Act and Service Contract Act-- Price Adjustment Multiple Year and Option Contracts Nov

2006 29 U.S.C. 206 and 41 U.S.C. 351, et seq..

- 4 52.222-44, Fair Labor Standards Act and Service Contract Act-- Price Adjustment Feb 2002 29 U.S.C. 206 and 41 U.S.C.

351, etseq..

_5 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements Nov 2007 41 U.S.C. 351, etseq..

XX6 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements Feb

2009 41 U.S.C. 351,etseq..

_7 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations Mar 2009 Pub. L. 110-247.

_8 52.237-11, Accepting and Dispensing of $1 Coin Sept 2008 31 U.S.C. 51 l2pl.

dComptroller General Examination ofRecord. The Contractor shall comply with the provisions of this paragraph d if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at

52.215-2, Audit and Records--Negotiation.

I The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

2 The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re lating to the work terminated shall be made available for 3 years after any resulting final tennination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

3 As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

e1 Notwithstanding the requirements of the clauses in paragraphs a, b, c. and d of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraphe1 in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --i 52.203-13, Contractor Code of Business Ethics and Conduct Dec 2008 Pub. L. 110-252, Title VI, Chapter 141 U.S.C. 251 note.

ii 52.219-8, Utilization of Small Business Concerns May 2004 15 U.S.C. 637d2 and 3, in all subcontracts that offer further subcontracting opportunities. If the subcontract except subcontracts to small business concerns exceeds $550,000 $1,000,000 for construction of any public facility, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor tunities.

iii [Reserved] iv 52.222-26, Equal Opportunity Mar 2007 E.O. 11246.

v 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Sept

RFQPO6I4O2-0001-1o Page 12 of 31

2006 38 U.S.C. 4212.

vi 52.222-36, Affirmative Action for Workers with Disabilities June 1998 29 U.S.C. 793.

vii 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues orFees Dec 2004 E.O. 13201.

viii 52.222-41, Service Contract Act of 1965 Nov 2007 41 U.S.C. 351, ci seq..

ix 52.222-50, Combating Trafficking in Persons Feb 2009 22 U.S.C. 7 104g.

_Alternate I AUG 2007 of 52.222-50 22 U.S.C.7104g.

x 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer tain Equipment-Requirements Nov 2007 41 U.S.C. 351, ci seq..

xi 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements Feb 200941 U.S.C. 351, etseq..

xii 52.222-54, Employment Eligibility Verification Jan 2009.

xiii 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations Mar 2009 Pub. L. 110-247. Flow down required in accordance with paragraph e ofFAR clause 52.226-6.

xiv 52.247-64, Preference for Privately Owned U.S-Flag Commercial Vessels Feb 2006 46 U.S.C.Appx. 1241b and 10 U.S.C.

2631. Flow down required in accordance with paragraph d ofFAR clause 52.247-64.

2 While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satis& its contractual obligations.

End of clause

52.2 12-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive 02/25/2000 Orders--Commercial Items May 2009 - Alternate I Feb 2000 a The Contractor shall comply with the following Federal Acquisition Regulation FAR clauses, which are incorporated in this con tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

1 52.222-50, Combating Trafficking in Persons Feb 2009 22 U.S.C. 7104g.

_Alternate I Aug 2007 of 52.222-50 22 U.S.C.7104g.

2 52.233-3, Protest After Award Aug 1996 31 U.S.C. 3553.

3 52.233-4, Applicable Law for Breach of Contract Claim Oct 2004 Pub. L. 108-77, 108-78 b The Contractor shall comply with the FAR clauses in this paragraph b that the Contracting Officer has indicated as being incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

1 52.203-6, Restrictions on Subcontractor Sales to the Government Sept 2006, with Alternate 1 Oct 1995 41 U.S.C. 253g and

10 U.S.C. 2402.

_2 52.203-13, Contractor Code of Business Ethics and Conduct Dec 2008 Pub. L. 110-252, Title VI, Chapter 141 U.S.C. 251 note.

3 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 Mar 2009 Section 1553 of Pub. L. 111-5. Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.

_4 52.204-Il, American Recovery and Reinvestment Act-Reporting Requirements Mar 2009 Pub. L. 111-5.

_5 52.219-3, Notice of Total llUBZone Set-Aside Jan 1999 15 U.S.C. 657a.

_6 52.2 19-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns July 2005 if the offeror elects to waive the preference, it shall so indicate in its offer 15 U.S.C. 657a.

- 7 [Reserved]

- 8i52.219-6, Notice of Total Small Business Set-Aside June 2003 15 U.S.C. 644.

- ii Alternate I Oct 1995 of 52.219-6.

- iii Alternate II Mar 2004 of 52.219-6.

- 9i52.2l9-7, Notice of Partial Small Business Set-Aside June 2003 15 U.S.C. 644.

- ii Alternate I Oct 1995 of 52.219-7.

- iii Alternate II Mar 2004 of 52.219-7.

JlO 52.219-8, Utilization of Small Business Concerns May 2004 15 U.S.C. 637d2 and 3.

1li52.219-9, Small Business Subcontracting Plan Apr 2008 15 U.S.C. 637d4.

- ii Alternate I Oct 2001 of 52.219-9.

RF0P061402-0001-1O Page 13 of 31

- iii Alternate II Oct 2001 of 52.219-9.

_l2 52.219-14, Limitations on Subcontracting Dec 1996 15 U.S.C. 637a14.

13 52.219-16, Liquidated Damages - Subcontracting Plan Jan 1999 15 U.S.C. 637d4Fi.

- 14i 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns Oct 2008 10 U.S.C.

2323if the offeror elects to waive the adjustment, it shall so indicate in its offer.

- ii Alternate I June 2003 of 52.219-23.

_l5 52.2 19-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting Apr 2008 Pub. L.

103-355, section 7102, and 10 U.S.C. 2323.

16 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting Oct 2000 Pub. L. 103-355, sec tion 7102, and 10 U.S.C. 2323.

_17 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside May 2004 15 U.S.C. 657 f

_l8 52.219-28, Post Award Small Business Program Rerepresentation Apr 2009 15 U.S.C. 632a2.

_l9 52.222-3, Convict Labor June 2003 E.O. 11755.

20 52.222-19, Child Labor - Cooperation with Authorities and Remedies Feb 2008 E.O. 13126.

_21 52.222-2 1, Prohibition of Segregated Facilities Feb 1999.

- 22 52.222-26, Equal Opportunity Mar 2007 E.O. 11246.

- 23 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Sept 2006 38 U.S.C. 4212.

- 24 52.222-36, Affirmative Action for Workers with Disabilities Jun 1998 29 U.S.C. 793.

- 25 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

Sept 2006 38 U.S.C. 4212.

26 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees Dec 2004 E.O. 13201.

- 2752.222-54, Employment Eligibility Verification JAN 2009. Executive Order 12989. Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.

- 28Q52.223-9, Estimate of Percentage of Recovered Material Content for EPA - Designated Items May 2008 42

U.S.C. 6962c3Aii. Not applicable to the acquisition of commercially available off-the-shelf items.

- ii Alternate! May 2008 of 52.223-9 42 U.S.C. 6962i2C. Not applicable to the acquisition of commercially available off-the-shelf items.

_29 52.223-15, Energy Efficiency in Energy- Consuming Products Dec 2007 42 U.S.C. 8259b.

30i 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products Dec 2007 E.O.

13423.

ii Alternate I Dec 2007 of 52.223-16.

31 52.225-1, Buy American Act-Supplies Feb 2009 41 U.S.C. lOa-lOd.

32i 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act Feb 2009 41 U.S.C. lOa-lOd, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169..

- ii Alternate I Jan 2004 of 52.225-3.

- iii Alternate II Jan 2004 of 52.225-3.

33 52.225-5, Trade Agreements March 2009 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note.

_34 52.225-13, Restrictions on Certain Foreign Purchases June 2008 E.O.s, proclamations, and statutes administered by the Of fice of Foreign Assets Control of the Department of the Treasuiy.

35 52.226-4, Notice of Disaster or Emergency Area Set-Aside Nov 2007 42 U.S.C. 5150.

_36 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area Nov 2007 42 U.S.C. 5150.

37 52.232-29, Terms for Financing of Purchases of Commercial Items Feb 2002 41 U.S.C. 255f, 10 U.S.C. 2307f.

38 52.232-30, Installment Payments for Commercial Items Oct 1995 41 U.S.C. 255f, 10 U.S.C. 2307f.

_39 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration Oct 2003 31 U.S.C. 3332.

- 40 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration May 1999 31 U.S.C. 3332.

41 52.232-36, Payment by Third Party May 1999 31 U.S.C. 3332.

_42 52.239-1, Privacy or Security Safeguards Aug 1996 5 U.S.C. 552a.

- 43i52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006 46 U.S.C. Appx. 1241b and 10

U.S.C. 2631.

RFQPO6I4O2-0001.1o Page 14 of 31

- ii Alternate I Apr 2003 of 52.247-64.

c The Contractor shall comply with the FAR clauses in this paragraph c, applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

1 52.222-41, Service Contract Act of 1965 Nov 2007 41 U.S.C. 351, etseq..

- 2 52.222-42, Statement of Equivalent Rates for Federal Hires May 1989 29 U.S.C. 206 and 41 U.S.C. 351, et seq..

- 3 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment Multiple Year and Option Contracts Nov 2006 29 U.S.C. 206 and 41 U.S.C. 351, et seq..

_4 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment Feb 2002 29 U.S.C. 206 and 41 U.S.C.

351, etseq..

_5 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements Nov 2007 41 U.S.C. 351, eat seq..

_6 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements Feb 2009 41 U.S.C. 351, etseq..

_7 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations Mar 2009 Pub. L. 110-247.

8 52.237-11, Accepting and Dispensing of$1 Coin Sep 2008 31 U.S.C. 51 l2pl.

d1 Notwithstanding the requirements of the clauses in paragraphs a, b, and c of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph dI in a subcontract for commercial items. Unless otherwise indic ated below, the extent of the flow down shall be as required by the clause-i 52.203-13, Contractor Code of Business Ethics and Conduct DEC 2008 Pub. L. 110-252, Title VI, Chapter 141 U.S.C. 251 note.

ii 52.219-8, Utilization of Small Business Concerns May 2004 15 U.S.C. 637d2 and 3, in all subcontracts that offer flirther subcontracting opportunities. If the subcontract except subcontracts to small business concerns exceeds $550,000 $1,000,000 for construction of any public facility, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor tunities.

iii [Reserved] iv 52.222-26, Equal Opportunity Mar 2007 E.O. 11246.

v 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Sept

2006 38 U.S.C. 4212.

vi 52.222-36, Affirmative Action for Workers with Disabilities June 1998 29 U.S.C. 793.

vii 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees Dec 2004 E.O. 13201.

viii 52.222-41, Service Contract Act of 1965 Nov 2007 41 U.S.C. 351, et seq..

ix 52.222-50, Combating Trafficking in Persons Nov 2007 22 U.S.C. 7 104g. Flow down required in accordance with paragraph

1 ofFAR clause 52.222-50.

Alternate I AUG 2007 of 52.222-50 22 U.S.C.7104g.

x 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer tain Equipment-Requirements Nov 2007 41 U.S.C. 351, etseq..

xi 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-

Requirements Feb 2009 41 U.S.C. 351, eat seq..

xii 52.222-54, Employment Eligibility Verification JAN 2009.

xiii 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations MAR 2009 Pub. L. 110-247. Flow down required in accordance with paragraph e ofFAR clause 52.226-6.

xiv 52.247-64, Preference for Privately Owned U.S-Flag Commercial Vessels Feb 2006 46 U.S.C. Appx. 1241b and 10 U.S.C.

2631. Flow down required in accordance with paragraph d ofFAR clause 52.247-64.

2 While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satis!' its contractual obligations.

End of clause

RFQPO6I4O2-000l-1o Page 15of31

Section 4 - List of Aftachments

Exibits and Attachments

This Section Is Intentionally Left Blank

RFQPO6I4O2-0001-1o Page 16 of 31

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

JUNE 2008

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Reference lause itie Date

2.212-1 Instructions to Offerors--Commercial Items June 2008 9/10/2008

52.212-03 Offeror Representations and Certifications--Commercial Items July 2009

An offeror shall complete only paragraph b of this provision if the offeror has completed the annual representations and certifica tions electronically at http:f/orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs c through m of this provision.

a Definitions. As used in this provision-

`Emerging small business' means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service

1 Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

2 Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6

U.S.C. 395b, i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395b, applied in accordance with the rules and definitions of 6 U.S.C. 395c.

"Manufactured end product" means any end product in Federal Supply Classes FSC 1000-9999, except

1 FSC 5510, Lumber and Related Basic Wood Materials;

2 Federal Supply Group FSG 87, Agricultural Supplies;

3 FSG 88, Live Animals;

4 FSG 89, Food and Related Consumables;

5 FSC 9410, Crude Grades of Plant Materials;

6 FSC 9430, Miscellaneous Crude Animal Products, Inedible;

7 FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

RFQPO6I4O2-0001-1O Page 17 of 31

8 FSC 9610, Ores;

9 FSC 9620, Minerals, Natural and Synthetic; and

10 FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 Pub. L. 110-174. Restricted business operations do not include business operations that the person conduct ing the business can demonstrate

I Are conducted under contract directly and exclusively with the regional government of southern Sudan;

2 Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

3 Consist of providing goods or services to marginalized populations of Sudan;

4 Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

5 Consist of providing goods or services that are used only to promote health or education; or

6 Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"

I Means a small business concern i Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned busi ness, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ii The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

2 Service-disabled veteran means a veteran, as defined in 38 U.S.C. 1012, with a disability that is service-connected, as defined in

38 U.S.C. 10106.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern

1 Not less than 51 percent of which is owned by one or more veterans as defined at 38 U.S.C. 1012 or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

2 The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern

1 That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

2 Whose management and daily business operations are controlled by one or more women.

b

1 Annual Representations and Certifications. Any changes provided by the offeror in paragraph b2 of this provision do not auto matically change the representations and certifications posted on the Online Representations and Certifications Application ORCA website.

2 The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifica tions currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation including the business size standard applicable to the NAICS code referenced for this solicitation, as of the date of this offer and are incorporated in this offer by reference see FAR 4.1201, except for paragraphs

[Offeror to identi' the applicable paragraphs at c through n of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representations and/or certifications are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and

RFQPO6I4O2-0001-1O Page 18 of 31…