RFP_CG283-18.pdf

1. REQUSITION NUMBER

5000041921

2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

CG283-18

6. SOLICITATION ISSUE DATE

03/12/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Lisabeth L. Day

b. TELEPHONE NUMBER (No collect calls)

202-305-7304

8. OFFER DUE DT/LOCAL TIME

03/30/2018 2:00PM

9. ISSUED BY CODE

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

10. THIS AQUISITION IS

X UNRESTRICTED

SET ASIDE0 % FOR

SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

NAICS:

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

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

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

UNDETERMINED SOURCE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200008751

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

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

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

OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

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)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Lisabeth L. Day 202-305-7304

31c. DATE SIGNED

03/14/2018

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 FPI Central Office 320 First Street NW

WASHINGTON, DC 20534

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

PROJECT LOCATION IS AS FOLLOWS:

UNICOR, Federal Prison Industries, Inc.

400 FIRST STREET NW

WASHINGTON, DC 20534

SOLICITATION TERM/TYPE: Solicitation is issued as a 12 to 18 month fixed price type contract.

SUBCONTRACTING PLAN: Large Businesses submitting a proposal are required to submit their subcontracting plan as part of their proposal by the scheduled closing date and time. Failure to submit a subcontracting plan may result in the proposal being found technically unacceptable and may not be considered for further evaluation.

SOLICITATION IS UNRESTRICTED.

QUESTIONS PERTAINING TO THIS RFQ WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Lisabeth.day@usdoj.gov. NO PHONE

CALLS PLEASE. Questions should be submitted no later than Friday, March 23, 2018 at 12:00 PM, EST. When sending questions in, please ensure that the subject line includes the solicitation number CG283-18.

For a list, description refer to the SOW for the services required.

Required delivery shall be determined upon award. Implementation should be October 2019 for complete implentation.

Vendors shall submit signed and dated offers either by overnight delivery (FedEx, UPS, etc.) OR Email -

LISABETH.DAY@usdoj.gov. Any of the overnight delivery carriers will be accepted with delivery to:

FEDERAL PRISON INDUSTRIES, UNICOR

ATTN: LISABETH DAY, CHIEF, PROCUREMENT

CG283-18

400 FIRST STREET NW

WASHINGTON, DC 20534

Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is MARCH 30, 2018, at 2:00 PM EST. Offer must indicate Solicitation No.

CG283-18, 2:00 PM, EST, 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:

VENDOR'S DUN & BRADSTREET NUMBER:_______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX 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

DJU6200008751 PAGE 2 OF 19

Request For Quote the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

Administrative Contracting Officer is LISABETH DAY AT LISABETH.DAY@USDOJ.GOV.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 1 EA 5000041921

HANA Consulting Services

DJU6200008751 PAGE 3 OF 19

Statement of Objectives

SAP Solution Manager and S/4 HANA Implementation

1. PROJECT OVERVIEW

1.1 Introduction

Federal Prison Industries, Inc. (FPI), known by the trade name of UNICOR, is a government owned corporation operating prison industries within the Federal Bureau of Prisons (BOP). FPI was established to provide incarcerated individuals with skill sets for use upon their re-entry into society in order to reduce recidivism and provide for public safety.

The Bureau of Prisons administers federal correctional facilities and protects public safety by ensuring that federal offenders serve their sentences of imprisonment in facilities that are safe, humane, cost-efficient, and appropriately secure, and provide reentry programming to ensure their successful return to the community.

SAP ECC 6.0 Business Suite is FPI's financial system of record. Currently FPI utilizes the following modules for our

SAP ECC 6.0 on premise solution:

1. Financial Management/Controlling (COPA is not currently activated)

2. Materials Management to include Variant Configurator

3. Production Planning

4. Sales and Distribution

5. Human Capital Management for Inmate payroll

Currently FPI uses the following 3rd party applications in FPI's SAP system. During the blueprinting phase, FPI will decided if they are still needed for the SAP S/4 HANA implementation.

- Kronos biometric clocks and server software for time management-connected to SAP HCM

- Symmetry Control Panel GRC

- ReadSoft for AP invoice processing

- Card Connect (PPS) for credit card processing and tokenization. PPS is used as encryption solution.

- Genesys Voice Portal (GVP) IVR for credit card number entry

- ERP Link to store DMS and Archivelink (Services for Object) documents in SharePoint. PBS for

Archiving

- DiCentral mapping for ESPS and DEWI (AP and AR processing to Treasury)

- Spreadsheet server for reporting

- WinShuttle for master data entry (currently in implementation phase in ECC 6.0)

- ShipERP for shipping (currently in implementation phase in ECC 6.0)

- WorkSoft Certify for automated testing

- SAP BW 7.4

- GLSU from Z Option

1.2 Project Goals

FPI is seeking to implement SAP S/4 HANA On-Premise version, Solution Manager, Enterprise Management, BusinessObjects, Extended Procurement, Interactive Forms by Adobe, Identity Management, and Single Sign On. S/4 HANA will be implemented within a hosted cloud environment of FPI's choosing. The cloud provider shall be Fed Ramp certified

(Moderate) and be able to host and efficiently/effectively interconnect with other FPI systems. FPI's implementation strategy will be a modified "Green field" model to replace the current SAP ECC 6.0 system. S/4 HANA and associated

SAP and third-party software will be configured to complete all current FPI business processes.

1.3 Project Objectives

FPI is currently executing a business transformation project. The enterprise structure will reconfigured as part of the implementation project. FPI has decided to use the "Green Field" implementation method for the implementation project. Major tasks to be completed are listed below. Additional tasks may be identified during the blueprinting phase. Tasks listed below may be modified during the blueprint phase.

DJU6200008751 PAGE 4 OF 19

1. Install Solution Manager and implement mandatory configuration for PRD, QAS, DEV SBX, and TRN clients

S/4 HANA. Implementation will include the transport management system, identity management, single sign on, solution documentation for the technical landscape and technical business process documentation. Additional modules to be implemented will be evaluated during the blueprint phase. FPI currently uses Worksoft Certify with no additional modules. Implementation of Test Suite will be evaluated during the blueprint phase. ECC6.0 will be included in the

Solution Manager implementation for just the technical landscape. The ECC 6.0 implementation of Solution Manager will also include identity management and single sign on.

2. Cloud sizing of SAP S/4 HANA systems (DEV, QAS, PRD, SBX, and TRN). Sizing will include evaluation of refresh strategies to minimize operating costs.

3. Implementation of SAP S/4 HANA to support all business processes that FPI currently completes today in

ECC 6.0 and associated 3rd party applications and middleware.

4. Custom code will be evaluated and code to reused will be modified to be UNICODE compliant. Interfaces for 3rd party applications will be converted. There are approximately 675 custom programs 327 custom transactions.

Most transactions are reporting transactions.

5. Implement controlling profitability analysis (COPA).

6. Implement new General Ledger functionality including the mapping of commercial and government accounts.

7. Implement Extended Procurement (Procurement, Public Sector).

8. Implement Funds Management.

9. Implement Adobe forms and convert current forms selected during the blueprint phase.

10. Implement Fiori applications for staff access and GUI access for inmate access. Fiori applications to be implemented will be identified during blueprinting of business processes.

11. Convert, modify or create user roles and profiles.

12. Configure Advanced Available to Promise.

13. Install and configure BusinessObjects.

14. Business process documentation and testing.

1.4 Project Timeline

The project implementation date shall be October 1, 2019 along with 3 weeks of post "go-live" support.

1.5 Project Contact

Please direct questions concerning the content of this document to LISABETH DAY, CHIEF, PROCUREMENT AT

LISABETH.DAY@USDOJ.GOV

2. Operating Environment

2.1 Overview

SAP ECC 6.0 Business Suite is FPI's financial system of record. FPI follows the SAP methodology in system transport landscapes of DEV, QAS, and PRD. FPI has one PRD instance that utilizes the MM, SD, PP, FI/CO, and HCM modules of the

Business Suite. FPI currently runs SAP system runs on a mix of Window 2008R2/Windows 2012R2 server using a SQL

2008R2/2012 R2 database. The PRD client system has one DB/Central instance server and six applications servers. ECC

6.0 is on support stack 22 with no enhancement packs installed. Only he ABAP stack has been implemented. GUI 7.4 is used as the only frontend. RealTech software is currently used for transport management. Transport Management System

(TMS) in Solution Manager will be implemented to manage changes in the S/4 HANA landscape.

3. Requirements

FPI seeks software and implementation partner(s) to assist and lead the implementation of S/4 HANA on a cloud infrastructure of FPI's choosing. All goals listed in 1.3 shall be achieved by October 1, 2019 or a date agreed upon between the implementation partner and FPI. The implementation partner will lead the implementation, however, FPI may award contracts to additional implementation vendors as deemed to provide the best overall value to FPI.

DJU6200008751 PAGE 5 OF 19

3.1 Projects Phases

1. The implementation partner shall lead FPI in gathering requirements, blueprinting, and project plan development.

2. Lead FPI in the sizing of S/4 HANA landscapes for PRD, QAS, DEV, SBX, and TRN clients. Sizing will include evaluation of refresh management options to minimize the operation and maintenance cost of non-productive clients and options to manage the operation and maintenance cost of the PRD client.

3. Installation and configuration of Identity Management and Single Sign On for both ECC 6.0 and S/4 HANA.

4. Installation and configuration of Solution Manager.

5. Blueprint phase -

a. Lead FPI in the defining the new organizational structure that best accommodates future changes.

b. Blueprint all current business processes to be implemented. c. Blueprint the new business processes for the implementation of controlling Profitability analysis (COPA).

d. Blueprint the new business process and mapping for new general ledger

e. Blueprint the new business processes for implementation of Extended Procurement (Procurement, Public

Sector).

f. Blueprint the new business processes for implementing Funds Management.

g. Blueprint the forms to be converted or implemented using Adobe Forms.

h. Blueprint and document custom code and transactions to be retained and modified to be UNICODE compliant.

i. Identify transactional and master data to be moved to S/4 HANA.

6. Development phase-

a. Configure SAP business process requirements.

b. Configure security roles.

c. Covert selected custom code and transactions to be UNICODE compliant and compatible with S/4 HANA.

d. Migrate open transaction data and selected master data to S/4 HANA.Define how selected 3rd party applications and middleware will be configured in SAP. Configuration, conversion, code changes, and data migration of

3rd party and middleware applications may be sourced to additional service vendors. License and 3rd party software conversion is not part of this contract. Separate contracts will be issued for 3rd party software licenses and export of data to SAP. Conversion of imported of data is included in the scope of this contract. Data in the 3rd party name space in SAP is the responsibility of the 3rd party software vendor.

7. Testing- Lead FPI in the testing of the newly developed SAP S/4 HANA system to include integration testing with security authorizations and testing of migrated transactional and master data. FPI currently uses

Worksoft Certify for automated testing. Functionality in the Solution Manager Test Suite will be evaluated during the blueprint phase to determine the testing methodology that will be used.

8. Training - Development of training documentation and courses to assist in the delivery of training of super-users. Training requirements will be evaluated during the blueprint phase. Training requirements may include new business processes, delta changes to existing processes, and training for current business processes not currently supported by existing training documentation.

9. Go-Live Support - Lead FPI through go-live of the new S/4 HANA system by providing problem resolution support. Support will include business process definitions, SAP configuration, user roles, security, transactional data, master data, and interfaces with 3rd party applications and middleware and any other issues identified during go-live.

DJU6200008751 PAGE 6 OF 19

10. Post Implementation support for FPI during the 5 weeks following implementation and must include month-end close.

All changes to any system landscape will follow FPI's current Software Development Life Cycle (SDLC) process. SDLC defines FPI's system change migration documentation requirements.

3.2 System Security Requirements

FPI is a Federal agency. All DOJ governance guidelines pertaining to IT systems apply to FPI's IT Systems, therefore any software solution shall have the ability to be maintained following Federal Guidelines at all times:

1. Credit and Accreditation (C&A)

(http://www.fismapedia.org/index.php/Guide:_Certification_and_Accreditation_Topic_Cluster)

2. NIST 800-53, rev 4 (http://csrc.nist.gov/publications/drafts/800-53-rev4/sp800-53-rev4-ipd.pdf)

3.3 Resource Requirements

This project will involve a shared risk between FPI and the implementation partner(s). This means during sizing, blueprinting, development, testing, and implementation, the vendor(s) shall train FPI staff to become self-sustaining in the day-to-day support of the new SAP systems.

3.4 Consultant Requirements, Training and Travel

1. Vendor(s) shall provide to FPI only consultants who are US citizens.

2. Vendor(s) shall provide highly skilled consultants with at least two (2) prior implementations in the area they are supporting and vendor shall provide the consultant's resume to FPI.

3. All consultants must pass a security background check to work on FPI systems and enter FPI facilities.

4. All consultants shall be willing to enter FPI facilities to complete work, where applicable.

5. All consultants are required to utilize FPI issued equipment to conduct work on the project.

6. Consultants must complete the "IT Rules of Behavior" security briefing and all other required computer security related training.

7. Vendor(s) shall provide a methodology for a strong knowledge transfer for FPI's project team Training should be "hands on" or virtual training that is compatible with FPI's network infrastructure.

8. Vendor(s) shall monitor travel expenses to keep them to a minimum. FPI will only reimburse the maximum allowed in accordance with GSA per diem guidelines.

Site locations for travel will be determined based on FPI's requirements and travel costs. Primary locations will be:

" FPI Central Office, Washington, DC

" FCI Englewood, Littleton, CO (Denver)

" FMC Lexington, Lexington, KY

" FMC Carswell, Fort Worth, TX

Location Addresses are available at https://www.bop.gov/locations/

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only

DJU6200008751 PAGE 7 OF 19

solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is

CG283-18 and this solicitation is issued as a Request For Proposals (RFP) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The North American Industry

Classification System code is 541512, Computer Software Consulting Services or Consulting. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc., intends to enter into a 18 month, firm-fixed-price, service contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS

Pricing should be completed by project phase as listed in Section 3.1 and include an additional line for travel costs for each phase of the project. Pricing for the development phase shall be by sub-phase (configuration, roles, custom code, and data migration). Evaluation will be based on best overall value to FPI. Award may be to more that one vendor if determined to provide the best overall value.

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING

CONSIDERED FOR AWARD.

TRAVEL:

As needed, the contractor will be required to travel to factory locations as noted in the Statement of Objectives above. UNICOR will reimburse the contractor for travel expenses to include transportation, lodging, and per diem.

Lodging and per diem expenses will be reimbursed based on the Federal Government's lodging and per diem as established by the General Services Administration (GSA). The contractor agrees to obtain the lowest rates possible for transportation while on travel for UNICOR. Contractor must submit expenses and expense report along with invoices for approval. The Government has the authority to reject any travel expenses that are in excess of government per diem rates.

PERIOD OF PERFORMANCE:

This contract will commence from date of execution and extend through 18 months after date of execution.

Holidays: The following is a list of Federal Holidays observed by the Government:

New Year's Day (Jan. 1)

Martin Luther King, Jr's Birthday (3rd Monday in January)

Washington's Birthday (3rd Monday in February)

Memorial Day (Last Monday in May)

Independence Day (July 4)

Labor Day (1st Monday in September)

Columbus Day (2nd Monday in October)

Veteran's Day (November 11th)

Thanksgiving Day (4th Thursday in November)

Christmas (December 25)

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 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 Field Administrative Contracting Officers at UNICOR (TBD) 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

DJU6200008751 PAGE 8 OF 19

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.

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.

INVESTIGATIVE PROCEDURES FOR CONTRACTORS, CONSULTANTS AND VOLUNTEERS

The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement (P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons

Acquisition Policy (BPAP). In particular, the HRM Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a

DJU6200008751 PAGE 9 OF 19

contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include:

Procedures Implemented by Human Resource Staff:

1) National Crime Information Center (NCIC) Check

2) Name Check

Procedures Implemented by Program Manager:

1) FD-258 Fingerprint Check

2) Law Enforcement Agency Checks

3) Vouchering of employers over the past five years

4) Completed SF-171 (Application for Federal Employment or

Resume/Personal Qualifications

5) Completed Contractor Pre-employment Form Release of

Information

6) National Agency Check and Inquiries (NACI) Check if applicable

7) Urinalysis

In addition to the above procedures, BPAP Part 37.103 states that Contracting Officers must ensure through the contracting process that each prospective individual contractor is advised that a urinalysis is required prior to contract award. Prior to award, the Contracting Officer shall also obtain from the Personnel Officer or the appropriate Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Diane Klusman, Chief of Vendor Services

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2015

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

52.212-4, Contract Terms and Conditions - Commercial Items. (JAN 2017)

DJU6200008751 PAGE 10 OF 19

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2017)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 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 items:

[Contracting Officer check as appropriate.]

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

_X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011). If non-manufacturer rule waived

__ (iii) Alternate II (Nov 2011). Don't use

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

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

DJU6200008751 PAGE 11 OF 19

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X (20) 52.219-16, Liquidated Damages-Subcon-tracting 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 (Nov 2011) (15 U.S.C. 657 f).

_X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X (34) 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.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (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)). (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.) if estimates can be verified

__ (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 (DEC 2007) (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 (AUG 2011) (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. 552a).

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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.

DJU6200008751 PAGE 12 OF 19

__ (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 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

_X_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 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).

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

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

[Contracting Officer check as appropriate.]

_X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

_X (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).

_X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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, 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

DJU6200008751 PAGE 13 OF 19

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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar

2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

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

DJU6200008751 PAGE 14 OF 19

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.

52.222-50, Combating Trafficking in Persons (FEB 2009);

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

52.223-10, Waste Reduction Program (MAY 2011)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-18, Availability of Funds (APR 1984);

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) TO BE DETERMINED, telephone ???? 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.

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.

DJU6200008751 PAGE 15 OF 19

(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 ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the

Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency

Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues.