1600001385.pdf

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Industrial Specialist Federal contract opportunity
Solicitation number
SICG020-24
Issued by
Department of Justice Bureau of Prisons Correctional Facilities

About this file

This document is a solicitation from the Department of Justice Bureau of Prisons seeking an Industrial Specialist on a part-time basis. The solicitation is a one-year base contract with a one-year option period and is set aside solely for small businesses. The solicitation requires an Industrial Specialist to assist the Interagency Solutions Group with ensuring projects are accurately captured and funds are properly tracked in the S4Hana system. The specialist must have experience with SAP, federal acquisition regulations, and UNICOR policies and procedures. The solicitation provides the statement of work, deliverables, period of performance, and resume requirements for the specialist role. It also includes standard contract clauses around ordering, terms and conditions, and representations and certifications.

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AMD01 SICG020-24.pdf PDF
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Page 1 of 55ORDER NUMBER:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD 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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

Coll. No.

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SICG020-24

Kimberly Schwinn 202-305-3730

COCO 100

COCO

321000101

Misc 400 First Street NW Washington DC 20534

UNICOR FPI CENTRAL ACCOUNTS PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

1600001385 See Section B

UNICOR FUNDS 15X4500 FUNDS SHALL BE OBLIGATED BY INDIVIDUAL DELIVERY ORDERS AND NOT BY THE CONTRACT ITSELF

Kimberly Schwinn

X

541611

12/14/2023

01/03/2024

2:00 PM

COCO

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

12/14/2023

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

12/14/2023

27 M Ann Receip

Page 2 of 55ORDER NUMBER:

Terms:

PROJECT LOCATION IS AS FOLLOWS:

Remotely via Tele-Work

Possible Travel to BOP/FPI Facilities

Solicitation is issued as a one (1) base year with one (1) one-year option, if exercised, fixed-price requirements type contract.

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN

WRITING VIA EMAIL TO: Kimberly.Schwinn2@usdoj.gov.

NO PHONE CALLS PLEASE.

QUESTIONS DEADLINE IS TUESDAY, DECEMEBER 19, 2023.

ALL QUESTIONS/ANSWERS WILL BE POSTED AT SAM.GOV VIA AN AMENDMENT PRIOR

TO BID CLOSING.

Vendors shall submit signed and dated offers by email, Kimberly.Schwinn2@usdoj.gov

Offers shall be submitted on the SF1449.

OMB Clearance 1103-0018.

The date and time for receipt of proposals is TUESDAY, JANUARY 03, 2024 at 2:00 PM EST Offer must indicate Solicitation No. SICG020-24, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

Page 3 of 55ORDER NUMBER:

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICE Quantity U/M UNIT PRICE AMOUNT IN US$ Delivery Date

VENDOR'S SAM UNIQUE ENTITY NUMBER:______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE NUMBER: _____________________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System

Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is Kimberly Schwinn at

Kimberly.Schwinn2@usdoj.gov

00001 Industrial Specialist – Part-time 1,040 H 09/30/2024

Industrial Specialist – Part-time

Base Year Hourly Rate: $______________

Option Year 1 Hourly Rate: $______________

Page 4 of 55ORDER NUMBER:

00002 Travel 1 EA 09/30/2024

It is the responsibility of the contractor to have the necessary credentials prior to traveling. Travel reimbursement will be in accordance with the Federal Acquisition Regulation 31.205-46. The Joint

Travel Regulations (JTR), shall provide the basis for the determination as to reasonable and allowable expenses, and the contractor will be reimbursed with the daily per diem rate as prescribed by GSA, Department of Defense, or Department of State, as applicable, for the city being visited, even if the actual expenditure differs from that published rate. Per Diem amounts in excess of the published daily per diem rate for the city being visited, whether characterized as OH, G<(>&<)>A, Fee or otherwise, will not be reimbursed. The contractor is responsible to ensure and track costs to ensure sufficient funds are available prior to travel. The COR must approve all trips, prior to travel, in writing.

The contractor may be liable for any expenses not conforming to this process, further, the Government will reimburse no more than actual, reasonable, personal travel costs (such as economy class airfare, lodging, meals, and economy class rental car) incurred while providing support to locations. The contractor is responsible to submit all travel related receipts to the COR. Any travel changes during en-route travel shall be brought to the immediate attention of the COR. Any changes during en-route travel, must be authorized by the COR prior to the completing the current travel. This annual travel cost is subject to change as needed to accomplish mission requirements.

STATEMENT OF WORK (SOW)

Industrial Specialist – Part-time

STATEMENT OF WORK

1.0 Background

2.0 Purpose

3.0 Scope and Tasks

4.0 Objectives

Page 5 of 55ORDER NUMBER:

5.0 Deliverables

6.0 Period of Performance

7.0 Work Hours

8.0 Progress Payment Invoice

9.0 Government-Furnished Property

10.0 Security

11.0 Evaluation Factors

12.0 Application Requirements

1.0 BACKGROUND

UNICOR, Federal Prison Industries (FPI) is a wholly own Federal

Government Corporation with factories throughout the United States in approximately 50 Federal Prisons. FPI is a non-appropriated Federal

Agency and manufactures various products for sale to other Federal

Agencies and DoD.

UNICOR’s operating system is S/4 Hana which was upgraded in November

2020. Good working knowledge of SAP is mandatory for this position.

This position requires an Industrial Specialist with specific financial knowledge of SAP as it relates to the inter-workings of the Interagency

Solutions. Currently, UNICOR is in need of an Industrial Specialist to assistance on a part-time basis until appropriate levels of staffing can be put into place for the Interagency Solutions Group.

2.0 PURPOSE

The purpose of this order is to provide Services Business

Group/Interagency Solutions with support in ensuring projects are captured and transferred accurately into the S4Hana system. Because

Interagency provides procurement services to other government agencies, it is extremely important that the data is captured correctly at the beginning of the project. If not, there is a ripple effect of issues with Customer Service Center, Central Accounts Payable and Central

Accounts Receivable. Knowledge and expertise of S4Hana and the processes within the Interagency Group to ensure all fund in links are captured accurately within the new operating system. All of these areas require

Page 6 of 55ORDER NUMBER:

specific knowledge of FPI business processes and/or the FPI IT environment, including knowledge of operations of the S4Hana system in a corrections environment as it relates to the Interagency Solutions

Group.

3.0,,SCOPE and TASKS

3.1,,The scope of this task order is for the Contractor to assist

Services Business /Interagency Solutions Group

•,,Assist in the responsibility of managing the day-to-day financial operations of the Interagency Solutions Group, specifically, as it relates to the S4Hana System. This includes complex level which require extensive up front preparation to include downloading Sales Orders, Purchase Orders, and running financial reports from S4Hana. In addition, putting financial information into SAP will also be required.

This information will come from the customer and Contracting Officers.

•,,Work closely with internal and external customers to ensure projects are documented and assigned a qualifying number to track the project and funding throughout the entire process inside and outside of S4Hana.

This requires complete order oversight and contact with internal and external contractors.

•,,Coordinates the loading, monitoring, and evaluation of the procurement services provided by the Interagency Solutions. This often requires set-up, follow-up, and resolution of any and all issues dealings with funds from the customer going to the vendor for the services/products provided.

•,,Responsible for reviewing requisitions before they are approved in

S4Hana, processing statement of works SOW’s, certifying invoices, reviewing aging reports for external and internal customers to ensure the customer and the Interagency Solutions Group are completely satisfied with the project, so it can be closed out at the completion of the job and collect the fees for.

•,,Responsible for de-obligation of funds once the project is complete.

This requires coordination between the contracting Officer and the customer.

•,,Researching projects to ensure the correct funding is being returned to the government customer.

Contractor may be requested to assist with other components of the

Services Business Group, as it relates to S4Hana issues.

Page 7 of 55ORDER NUMBER:

3.2,,Tasks: The Contractor must perform the following tasks:

•,,Manage the planning, administration, review, and evaluation of an extremely varied combination of complex performance objectives to meet the customers’ requirement.

•,,Utilize S4Hana to review for accuracy all customer orders put into the system daily, sales orders, request for purchase (RP), comparing customer purchase orders (PO), putting in RPs and POs at the request of the contracting officer. Request any changes/corrections to sales orders, RPs and POs will be done by the incumbent in S4Hana.

•,,Communicate with vendors regarding 7600 A/B, MIPRs, RAs, sales orders, invoices, for accuracy and payment within a timely manner.

•,,Communicate with UNICOR Central Accounts Payable (CAP) and Central

Accounts Receivable (CAR) staff to ensure invoices and payments are accurate.

•,,Field all inquiries from General managers, staff, contracting officers and vendors, expediting or changing orders, upon request within a timely manner.

•,,Responsible for resolving problems between functional areas, customers, and UNICOR

•,,Report and train SICG on any new elements that might be implemented in S4Hana.

•,,Attend and report on status of projects in the weekly Interagency staff meetings.

•,,Attend and report on status of projects in the bi-weekly meetings with the Procurement Branch.

•,,Make recommendations and advise the Chief of Interagency on process improvements.

•,,De-obligation of funds when requested.

•,,Research complex projects that require use of ECC and S4Hana

•,,Weekly and monthly reports required to update Leadership on the outcomes withing the Interagency Group.

4.0,,OBJECTIVES

Assist the Interagency Solutions Supervisor with managing the

Page 8 of 55ORDER NUMBER:

Interagency Solutions project management workload. Responsibilities include but are not limited to, working with customers, UNICOR factory and central office personnel, UNICOR vendors, general managers, contracting staff and inmate clerks. The Offeror must have expert knowledge of S4Hana operating system, Microsoft, Federal Acquisition

Regulations, and UNICOR’s general policies and Procedures, and interagency policies and processes.

5.0,,DELIVERABLES

Perform tasks listed in the Task section of SOW as assigned in coordination with the Chief of Interagency Solutions. Provide weekly updates in the staff meeting and to the supervisor of SICG. Attend impromptu meetings when requested. Keep Interagency Staff updated on the

S4Hana changes. Train staff on any new concepts within the S4Hana operating environment. Research issues with customers, CSC, CAP, CAR, and Contracting Officers.

6.0,,PERIOD OF PERFORMANCE

The contract will be for 1 year with one option year.

7.0,,WORK HOURS

The contractor shall telework for 20 hours each week. Days will be determined; however, it will be between the hours of 7:30 am to 4:00 pm.

No work shall be performed on Federal Holidays, unless prior approval has been obtained.

Work will not be required on the Federal public holidays listed below, unless there is a requirement to respond to a Priority 1, Emergency.

Holidays occurring on weekends will be observed as directed by the

Federal calendar (5 United States Code (U.S.C) § 6103, Government

Organization and Employees, Holidays).

New Year’s Day,,1st day of January

Martin Luther King Jr.'s Birthday,,3rd Monday of January

Page 9 of 55ORDER NUMBER:

Presidents Day,,3rd Monday of February

Memorial Day,,Last Monday of May

Juneteenth,,19th day of June

Independence Day,,4th day of July

Labor Day,,1st Monday of September

Columbus Day,,2nd Monday of October

Veterans Day,,11th day of November

Thanksgiving Day,,4th Thursday of November

Christmas Day,,25th day of December

Prior to performance of services outside the locally established hours of operation, request and obtain, in writing, approval from the Chief of

Interagency (via e-mail.)

8.0,,PROGRESS PAYMENT INVOICE

Requests for payment shall be submitted in accordance with Federal

Acquisition Regulations (FAR) Subpart 32.9, entitled "PROMPT PAYMENT".

Each Invoice will include the following information.

Name of Company’

Purchase order number

UEI number:

Date of invoice

Invoice number

Rate per hour

Month and date

Time-In (each day)

Time-out (each day)

Total Hours (each day)

Total pay (each day

Signature at the bottom of the invoice

Submit the invoice every two weeks for payment to the management analysts assigned to the Purchase Order. Chief of Interagency will provide approval to pay.

Page 10 of 55ORDER NUMBER:

9.0,,GOVERNMENT FURNISHED PROPERTY

Government will provide equipment to work from home.

10.0,,SECURITY

The services performed may be accomplished on property of the U.S.

Government, Bureau of Prisons. There are strict rules and regulations which must be adhered to by all persons performing duties within the perimeter of the Institutions. The Contractor and their personnel providing services at the Federal Correctional Institutions on behalf of the Contractor shall adhere to all regulations prescribed by the

Institution at all times.

Unless individual waivers are obtained under procedures outlined in the

U.S. Department of Justice, Federal Bureau of Prisons, Program Statement

3000.01, the following investigative procedures will be applied to the

Contractors employees working under the terms of the proposed contract:

NCIC (National Crime Information Center)

DOJ-99 (Name Check)

FD-259 (Fingerprint Check)

Law enforcement Agency Check

Security Clearance must be obtained by each employee before being permitted to work on site. Subcontractors and "relief" employees will be subject to the same investigative procedures as the primary contractor and his/her employees.

NOTE: Contractor shall take into account that daily time delays may occur due to security checks when entering and exiting FCI and shall not be construed as Government delays in performance of the contract.

11.0,,Key Resume Requirements

•,,5 years or more of working in a correctional manufacturing and service environment.

•,,5 years or more of SAP experience

•,,5 years or more working within a financial area of a government

Page 11 of 55ORDER NUMBER:

company.

•,,5 years or more experience working with multiple government agencies simultaneously.

•,,5 years or more experience researching and solving financial issues that overlap fiscal years.

•,,1 year Knowledge of G-Invoicing, the new Department of Treasure financial operating system.

•,,Ability to write effectively.

•,,Ability to communicate effectively, presentations to UNICOR

Leadership, customers, and vendors.

12.0,,APPLICATION REQUIREMENTS

Resume – evaluation factors need to be outlined clearly in your resume.

PART I: INFORMATION

This is solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this contract. The solicitation document and incorporated clauses are those in effect through Federal Acquisition Circular

2023-06. The North American Industry Classification System code is

541611. This requirement is 100% set-aside for small business; small business size standard for this solicitation is $24.5 million. UNICOR, Federal Prison Industries, Inc., intends to enter into a one-year base with 1 one-year option, if exercised, firm-fixed-price, requirements contract for the following commercial item(s): Industrial Specialist –

Part-time

SEE SECTION B FOR LIST OF ITEMS.

ESTIMATED QUANTITY/NOT-TO-EXCEED QUANTITY FOR THE LIFE OF CONTRACT IS

2080 HOURS.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the

Page 12 of 55ORDER NUMBER:

contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Administrative

Contracting Officer with pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

BEST COMMERCIAL CUSTOMER CATEGORY:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the

Contractor will:

During the contract period, the Contractor shall report to the

Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than

15 calendar days after its effective date.

Page 13 of 55ORDER NUMBER:

Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.

CONTRACTOR’S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal

Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVOICES ARE TO BE EMAILED TO:

yvette.hairston-mercer@usdoj.gov

Kimberly.Schwinn2@usdoj.gov

GOVERNMENT FURNISHED PROPERTY

Item Description: Government Laptop

A government laptop will be provided to the successful offeror as government furnished property after award and the offeror will be required to acknowledge the receipt in writing. Any requested changes to the laptop must be made in writing to the contracting officer at Kimberly.Schwinn2@usdoj.gov

Page 14 of 55ORDER NUMBER:

No changes may be made to the laptop without prior written approval from the Government. THE GOVERNMENT CAN REQUEST THIS LAPTOP BE RETURNED AT

ANY TIME AND THE OFFEROR AGREES IT IS FURNISHED AS GOVERNMENT PROPERTY.

Offeror agrees to package the laptop for shipment in compliance with industry standards.

At a minimum, the laptop must be secured to prevent movement and damage during shipment.

UNICOR will pay for the shipment of the laptop and the cost of shipping must be approved by the contracting officer prior to shipment.

It is UNICOR’s intent that the laptop will remain with the successful offeror throughout the duration of the contract unless the contract is terminated. The vendor will be given written notice by the government for the return of the laptop.

Since this is Government furnished property, the government will be financially responsible for the maintenance and any reasonable repair cost of the laptop. The offeror is responsible for any damages caused to the laptop by the offeror while in its possession. The offeror is to submit a written quote to the government for repair work prior to any work being performed. The contracting officer will provide written.

authorization to the offeror to proceed with repairs if deemed necessary. UNICOR may elect to send its representative to the successful offerors facility to inspect the laptop at any time.

Once the laptop has been provided to the successful offeror after award, they will have 10 business days from receipt of laptop to provide a written disposition of the laptop to include but not limited to:

Pictures of Laptop

Written Quote/Estimate for any repair work

Timeframe for completing repair work

PART II: FAR CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)

Page 15 of 55ORDER NUMBER:

52.204-9, Personnel ID Verification of Contractor Personnel (JAN 2011)

52.212-4, Contract Terms and Conditions - Commercial Items. (DEC 2022)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Lab

Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment. (NOV

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted

Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C.

3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim

(OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) 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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

Page 16 of 55ORDER NUMBER:

(June 2020), with Alternate I (JUN 2020) (41 U.S.C. 4704 and 10 U.S.C.

2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (

41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204–28, Federal Acquisition Supply Chain Security Act

Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

Page 17 of 55ORDER NUMBER:

_X_ (12) 52.209-6, Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (NOV 2021) (31 U.S.C. 6101note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award

(OCT 2022) (15 U.S.C.657a).

__ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020) (52.219-6)

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov

2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15

U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15

U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15

Page 18 of 55ORDER NUMBER:

U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15

U.S.C.637(a)(14)).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (OCT 2022) (15

U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Representation

(SEP 2023) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT

2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small

Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves

(Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C.

637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (DEC 2022) (E.O.13126).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

Page 19 of 55ORDER NUMBER:

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38

U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities

(Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.

4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22

U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.

chapter78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022).

(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.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material

Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of

Page 20 of 55ORDER NUMBER:

Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging

Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal

Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X_ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (52) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter

83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade

Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections

4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

Page 21 of 55ORDER NUMBER:

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

(E.O.’s, proclamations, and statutes administered by the Office of

Foreign Assets Control of the Department of the Treasury).

__ (56) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007) (42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Items

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___ (61) 52.232-30, Installment Payments for Commercial Items (NOV 2021)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management (Oct 2018) (31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than

System for Award Management (Jul 2013) (31 U.S.C.3332).

_X_ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

_X_ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

Page 22 of 55ORDER NUMBER:

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)

(15 U.S.C. 637(d)(13)).

__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 Labor Standards (Aug 2018) (41 U.S.C.

chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements (May

2014) (41 U.S.C. chapter 67).

Page 23 of 55ORDER NUMBER:

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

(E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. 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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records-Negotiation.

(1) 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 relating to the work terminated shall be made available for 3 years after any resulting final termination 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.

(e)

(1) 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 paragraph (e)(1) in a

Page 24 of 55ORDER NUMBER:

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 (Nov 2021)

( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41

U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by KasperskyLab Covered Entities (Dec

2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section

889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun

2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

Page 25 of 55ORDER NUMBER:

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.

4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun

2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C.

4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.

chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22

U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O.

13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements (May

2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O.

12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Page 26 of 55ORDER NUMBER:

Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

(E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18, Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of award_ through contract expiration.

(b) All delivery orders or task orders are subject to the terms and

Page 27 of 55ORDER NUMBER:

conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.;

52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of 20 hours for a single line item; (b)(1) max delivery order for a single item in excess of 1,040 hours; (b)(2) any order for a combination of items in excess of 1,040 hours, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15-day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor’s intent not to ship;

52.216-21, Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the

Page 28 of 55ORDER NUMBER:

Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after thirty (30) calendar days after contract validity end.

(End of clause)

52.217-8 Option to Extend Services (NOV 1999)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within ten (10) days provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

52.222-50, Combating Trafficking in Persons (NOV 2021);

52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-10, Waste Reduction Program (MAY 2011)

Page 29 of 55ORDER NUMBER:

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

___________www.acquisition.gov__________________

JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) Mike Compton is hereby designated to act as Contracting Officer's

Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

Security of Department Information and Systems DOJ-05 (OCT 2023)

I. ,,Applicability to Contractors and Subcontractors

Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R.

§ 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies

Page 30 of 55ORDER NUMBER:

to all contractors and subcontractors, including cloud service providers

(“CSPs”), and personnel of the…

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