4600005346.pdf
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1. REQUSITION NUMBER
2. CONTRACT NO.
15UC0C22D00000133
3.AWARD/EFFECTIVE DATE
11/22/2021
4. ORDER NUMBER 5. SOLICITATION NUMBER
6200009038
6. SOLICITATION ISSUE DATE
08/04/2021
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Lance Wiley
b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DT/LOCAL TIME
9. ISSUED BY CODE
Phoenix Cable UNICOR Federal Prison Ind.
Phoenix, AZ 85086-7058
10. THIS AQUISITION IS
UNRESTRICTED
X SET ASIDE100 % FOR
X SMALL BUSINESS
SMALL DISADV.BUSINESS
8(A)
NAICS: 332722
SIZE STANDARD: 500 Emp.
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
Net 30
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB X RFP
16. ADMINISTERED BY CODE
Phoenix Cable UNICOR Federal Prison Ind.
Phoenix, AZ 85086-7058
17a. CONTRACTOR/OFFEROR CODE 154810436 FACILITY CODE
POWER CONNECTOR, INC.
140 WILBUR PLACE
BOHEMIA, NY 11716-2400
TELEPHONE NO. 631-563-7878-23 TIN:
17b. CHECK IF REMITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18a. PAYMENT WILL BE MADE BY CODE
UNICOR FPI Central Acct Payable
PO BOX 11849
LEXINGTON, KY 40578-1849,
USA
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
Order: DJU4600005346
See Section B
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
25. ACCOUNTING AND APPROPRIATION DATA
UNICOR Funds 15X4500 Funds shall be obligated by inidividual delivery orders and not by the contract itself.
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
$89,100.00
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REFERENCE 6200009038
OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
X INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,
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)
/S/ Lance Wiley
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
Lance Wiley
31c. DATE SIGNED
10/27/2021
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE
CONTRACT EXCEPT AS NOTED
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE
33. SHIP NUMBER
PARTIAL FINAL
34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD)
39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42d. TOTAL CONTAINERS
15. DELIVER TO CODE
UNICOR Federal Prison Ind.
37940 N. 45th Avenue
PHOENIX, AZ 85086-7058
USA
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)
Prescribed by GSA - FAR (48 CFR) 53.212
PAGE 1 OF
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30
Terms of delivery: DST
Target value 89,100.00 USD
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:
UNICOR, Federal Prison Industries, INC.
ATTN: UNICOR WAREHOUSE
37940 North 45th Avenue
Phoenix, Arizona 85086
Guaranteed Contract Aggregate Minimum is an aggregate of $3500.00 per contract award. If contract termination occurs, Guaranteed Contract Minimum is no longer applicable. Target Quantities are stated within each line requirement.
Contract is issued pursuant to Simplified Acquisition Procedures, as a five (5) year Firm-Fixed Price
Requirements/Indefinite Delivery-Indefinite Quantity Type Contract, with an Economic Price Adjustment considered every
(6) months (PCU332722332722). An Economic Price Adjustment is of the responsibility of the Awardee, and must be requested in writing. Quantities listed within this solicitation packet are ONLY estimates for a (5) YEAR PERIOD and
NOT to be construed as future definite quantities or deliveries.
Interested vendor(s) who do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers. The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.
PPI #____________________________________________
100% SET-ASIDE FOR SMALL BUSINESS
NAICS: 332722 500 Employees
For a list, description and total estimated quantities of all items, refer to Section B.
UNICOR's delivery is 21 DAYS ARO (After Receiving Delivery Order) OR SOONER. Delivery orders will be issued in accordance with 52.216-19.
The aforementioned contract is not a funding obligation. Funding obligation(s) will be issued by way of Delivery
Orders.
Offers shall be submitted on the SF1449; OMB Clearance 1103-0018.
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:
VENDOR'S DUN & BRADSTREET NUMBER: 154810436_______
VENDOR'S POINT OF CONTACT: Andrew Linder__________
VENDOR'S TELEPHONE & FAX NUMBER: 631.563.7878___
CONTRACT NUMBER: DJU4600005346 PAGE 2 OF 21
Contract
VENDOR'S EMAIL ADDRESS: redracer@24@aol.com________
VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): SMALL______
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 submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.
_______________________________________________ Signature
The Administrative Contracting officer is Lance M. Wiley, Contract Specialist.
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number
00001 RTN0034 81,000 each 1.10000 89,100.00
D,A3147847-2,INTERNAL-LOCK-TEETH,STEEL,*
D,A3147847-2,INTERNAL-LOCK-TEETH,STEEL,*
BLACK-OXIDE
VERIFIED-PER-DRAWING
UNICOR PART NO: RTN0034
DESCRIPTION: RETAINER
PART NUMBER: DWG#A3147847-2
PROCUREMENT SPEC: DWG#A3147847-2 REV.D
D,A3147847-2,INTERNAL-LOCK-TEETH,STEEL,*
Total net item val. excl. tax USD 89,100.00
CONTRACT NUMBER: DJU4600005346 PAGE 3 OF 21
FPI 1000D PACKAGING AND MARKING
Supplement: LCL APPR
Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity.
A Certificate of Conformance must accompany each shipment. ALL SHIPMENTS RECEIVED WITHOUT A CERTIFICATE OF CONFORMANCE
(COC) WILL NOT BE PROCESSED FOR PAYMENT UNTIL A COC IS PROVIDED, to include testing reports and passivation testing.
All products shall be packaged to deliver safely and without damage. Failure to do so will result in returning product at your expense.
All shipments should be labeled as follows:
a. Vendor name
b. Purchase Order number and/or Contract number
c. Item description
d. Item quantity and weight
e. Other pertinent information
Due to the volume of trucks that may come through any given UNICOR Warehouse, it is sometimes necessary to make an appointment, therefore warehouse at respective factory should be notified 24 hours prior to delivery to schedule delivery time. Appointments can be scheduled via phone call or fax. Request for appointment shall include point of contact, phone number, fax number and email address.
Delivery hours are as follows:
Delivery hours are Monday through Friday, 7:30am to 2:00pm, excluding Federal Holidays.
INSPECTION AND ACCEPTANCE
52.246-16 Responsibility for Supplies. APR 1984
52.246-15 Certificate of Conformance
Certificate of Conformance (Apr 1984)
(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a
Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced.
Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.
(b) The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the
Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.
(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense.
(d) The certificate shall read as follows:
CONTRACT NUMBER: DJU4600005346 PAGE 4 OF 21
I certify that on ______ [insert date], the ____ [insert Contractors name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.
Date of Execution: ________________________________
Signature: _______________________________________
Title: ____________________________________________
DELIVERIES OR PERFORMANCE
Delivery Orders shall be submitted to offerors via fax or email. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and SHALL be returned to the
Contracting Officer WITHIN (1) business day.
Order confirmation point of contact:
Lance M. Wiley, Contract Specialist
Email: Lance.Wiley2@usdoj.gov
16.505(a) and the clause located in FAR 52.216-18 entitled "Ordering" and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below:
Warranted UNICOR Contracting Officers, as prescribed within the Federal Acquisition Regulations.
52.211-2, AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION
STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215)
697-2667/2179, Facsimile (215) 697-1462.
52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000)
If the Contractor fails to deliver supplies or perform services within the time specified within this contract, in place of actual damages, UNICOR will deduct 5% from the late line item. Vendors shall not issue credits.
UNICOR will issue Delivery Orders with pricing according to the assigned contract terms. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor with consideration (liquidated damages) amounts. Liquidated damages will begin to accrue at the moment of a delay caused
CONTRACT NUMBER: DJU4600005346 PAGE 5 OF 21
by the offeror. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product.
Liquidated damages start accruing on the first day an order is late. The Government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the Government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis.
52.211-16 Variation in Quantity. (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
(b) The permissible variation shall be limited to:
5% Under delivery (-)
5% Over Delivery (+)
This increase or decrease shall apply to the total LINE item quantity for each Delivery Order.
52.247-34 F.O.B. Destination (MATERIAL PRICING SHALL CONTAIN SHIPPING CHARGES)
CONTRACT ADMINISTRATION DATA
JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)
Supplement: LCL APPR
A Contractor Officers Representative (COR) will be announced Post Award.
(b) The COR is responsible, as applicable, for: receiving all deliverable's, 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.
ADMINISTERED BY: This contract will be administered by:
UNICOR, Federal Prison Industries
888 State Route 716
Ashland, KY. 41102
ATTN: Lance M. Wiley, Contract Specialist
CONTRACT NUMBER: DJU4600005346 PAGE 6 OF 21
EFAX: 352-330-8014
Lance.Wiley2@usdoj.gov
ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:
(a) Payee Name (Contractor):__________________________________
(b) Check Remittance Address:
Any questions, issues or the sending of invoices shall be directed to:
Mail:
UNICOR, Federal Prison Industries
Central Accounts Payable
P.O. Box 11849
Lexington, KY. 40578-1849
Or
Email:
Accounts.payable@usdoj.gov (preferred)
ALL INVOICES SHALL REFERENCE A DELIVERY ORDER NUMBER, NOT THE CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE DELIVERY
ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.
NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT, INVOICES THAT DO NOT AGREE WITH THE PURCHASE
ORDER/DELIVERY ORDER AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN BLOCK 17A OF THE SF1449.
Vendor Payment
Offerors shall update SAM registration whenever any payment information is changed (i.e. new bank, account , routing
). Failure to update SAM will result in delayed or non payment of product/service until information is properly updated.
SECTION H
SPECIAL CONTRACT REQUIRMENTS
H.1 FPI 1000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR
After contract award date, contract pricing for the succeeding SIX (6) month period may be adjusted in accordance with the change in the Producer Price Index Decision UNIT PCU332722332722, from the Preceeding three (6) months. IT IS THE
CONTRACTOR'S RESPONSIBILITY TO REQUEST THIS ADJUSTMENT. If the Offeror feels another index is better suited to track the movement of the commodity pricing, please do so as a question to the Contracting Officer before the closing date and time of questions being allowed.
CONTRACT NUMBER: DJU4600005346 PAGE 7 OF 21
IF PRODUCER PRICE INDEX DOES NOT CALL FOR A CHANGE IN PRICE AT ANY TIME DURING THE AWARDED CONTRACT, THE OFFEROR
AGREES TO CONTINUE AT CURRENT PRICING UNTIL THE NEXT TIME AN EPA IS AUTHORIZED (6 Months later).
Adjustments may be requested for a period not to exceed 10 days after the eligible adjustment date. Requests that are made after the 10-day limit may not be honored and the contract pricing will not be adjusted. Any adjustment after the
10 day limit is at the sole discretion of the contracting officer. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price.
The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest. Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.
In computing any contract price adjustment, the most recently published index as of the date of award will be compared to the most recently published index as of the date of adjustment. An adjustment may or may not be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, are
(negotiable), based on the original or option period contract price; downward adjustments are not limited. Indices are available from the Bureau of Labor Statistics, 600 E Street N.W., Washington, DC 20212, telephone 202-691-7705.
CONTRACT CLAUSES
52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)
52.209-1 Qualification Requirements (FEB 1995)
(a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
Name___________________________________________
Address__________________________________________
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name _____________________________________
Manufacturer's Name______ __________________________
CONTRACT NUMBER: DJU4600005346 PAGE 8 OF 21
Source's Name _____________________________________
Item Name ________________________________________
Service Identification ________________________________
Test Number ______________________________________(to the extent known)
(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract.
This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the
Government's best interests.
(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018).
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (FEB 2021)
(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) 52.203-19, 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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805note)).
(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 items:
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41
U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
CONTRACT NUMBER: DJU4600005346 PAGE 9 OF 21
__ (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.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31
U.S.C. 6101 note)
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.
2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved]
_x_ (14) (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)
__ (15) (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.
_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
_x_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 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 (Mar 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_x_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_x_ (31) (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_ (32) (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.)
CONTRACT NUMBER: DJU4600005346 PAGE 10 OF 21
_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)
__ (37) (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)).
__ (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun
2016) (E.O. 13693).
__ (40) (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.
__ (41) (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.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 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).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
_X_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b)
CONTRACT NUMBER: DJU4600005346 PAGE 11 OF 21
and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
___(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
___(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and
Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___(5) 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
___(6) 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).
___(7) 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).
___(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). In solicitations and contracts that include the clause at 52.222-6. Construction Wage Rate Requirements, or 52.222-41, ___(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
___(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d)
(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 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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)
CONTRACT NUMBER: DJU4600005346 PAGE 12 OF 21
exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause"..
Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) 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 in a subcontract for commercial items, other than-
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector
General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down
CONTRACT NUMBER: DJU4600005346 PAGE 13 OF 21
shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section
1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793).
(I) 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.
(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).
(K) _x__(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(L) 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).
(M) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May2014) (41 U.S.C. chapter 67).
(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3. Do not use Alternate 1 to 52.212-5; applies when head of agency has waived examination of records by Comptroller General. Alternate II to 52.212.5 applies when using funds from American
Recovery & Reinvestment Act of 2009 (P.L. 111-5)
(R) 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).
(S) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(T) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10
U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
52.216-18, Ordering (Oct 1995)
(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 Date.
(b) All delivery orders or task orders are subject to the terms and 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 500 each for a single line item; (b)(1) max delivery order for a single line item is 10,000 each; (b)(2) any order for a combination of items in excess of 50,000 each; contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from
CONTRACT NUMBER: DJU4600005346 PAGE 14 OF 21
the same ordering office, within a 10 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 (5) calendar days after issuance with a written statement expressing the contractor's intent not to ship;
52.216-22, Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the
Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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 60 delivery time calendar days after contract validity end date;
52.229-3 Federal, State, and Local Taxes. (Feb 2013);
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);
52.247-34, F.O.B. Destination, (Nov 1991) delivery shall be FOB destination to UNICOR addresses:
UNICOR, Federal Prison Industries, INC.
ATTN:UNICOR WAREHOUSE
37940 North 45th Avenue
Phoenix, AZ. 85086
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__________________
52.252-6, Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
CONTRACT NUMBER: DJU4600005346 PAGE 15 OF 21
2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE
(JAN 1998)
(a) The following definitions apply in this provision:
(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the
Contracting Officer or the Agency Protest Official.
(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
(b) A protest filed directly with the Department of Justice must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, facsimile number and telephone number of the protestor.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.
(iv) Copies of relevant documents.
(v) Request for a…
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