CT1922-09-6200006625.pdf

1. REQUSITION NUMBER

5000024851

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

CT1922-09

6. SOLICITATION ISSUE DATE

11/19/2008

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tonia Ellen

b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DT/LOCAL TIME

12/10/2008 2:00PM

9. ISSUED BY CODE

UNICOR, FPI Central Office 320 First Street NW Washington, DC 20534

10. THIS AQUISITION IS

X UNRESTRICTED

SET ASIDE0 % FOR

SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

SIC: 2279

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 320 First Street NW Washington, DC 20534

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200006625

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

18a. PAYMENT WILL BE MADE BY CODE

UNICOR FPI Central Acct Payable P. O. Box 4000

BUTNER, NC 27509-4000 (1-800-827-3168),

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),

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)

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

Tonia Ellen

31c. DATE SIGNED

11/20/2008

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 Waseca 1000 University Dr SW PO Box 1731

WASECA, MN 56093-0000

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

Line Items 0001 Base Year

Line Items 0002 Option Year 2

Line Items 0003 Option Year 3

Guaranteed Minimum for the life of the contract is 60,000 yards.

Not to Exceed Maximum for the life of the contract is 405,000 yards.

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 FAB4739 135,000.000 YD 5000024851

100%, POLY, CREPE KNIT, MICRO DENIER, BLACK, CIRCULAR KNIT.

ANTIMICROBIAL AND MOISTURE MANAGEMENT

PROPERTIES SHALL BE INHERENT IN THE FIBER. WEIGHT (OZ/SQ.YD.) 2.1+/-

0.2, TESTED BY ASTM-D3776 OPTION C; WALES 38, COURSES 45, TESTED BY

ASTM-D3775 OPTION C; BURSTING STRENGTH ( MIN) 80, TESTED BY ASTM-D3787;

DIMENSIONAL STABILITY (MAX) 4.0%, TESTED BY AATCC-135, TABLE 1, METHOD

3, III, iii; COLOFASTNESS TO LAUNDERING 4.0 1/, TESTED BY AATCC-61, TEST

1A; ELONGATION (MIN) WALES 60%-COURSES 70%, TESTED BY

ASTM-5034; ANTIMICROBIAL PROPERTIES >LOG1, TESTED BY AATC METHOD 100.

UNICOR PART: FAB4739

DESCRIPTION: 100% POLYESTER

ADJECTIVE: WITH MOISTURE MANAGEMENT PROPERTIES

SIZE: 60" WIDE

COLOR: BLACK

U/M: YD M/L: CR/PD 05-05 DATED JULY 26, 2005(MARINES) AND/OR

CRFD/PD 99-01A DATED OCTOBER 10, 2000(ARMY)

AND/OR CRFD/PD 04-07A DATED JUNE 11,2007

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES

CERTIFICATES OF CONFORMANCE REQUIRED WITH EACH DELIVERY

TEST REPORTS ARE REQUIRED PER I.A.W. D.P.S.C.M.4155.3

THIS MATERIAL TO BE USED WITH CONTRACT SPO100-04-D-0493 AND/OR SPO100-

04-D-0345 AND/OR SPM1C1-08-D-1037

Line 1: Base Year

Line 2: Option Year 1 (if exercised)

Line 3: Option Year 2: (if exercised)

FOB Destination: Waseca, Minnesota

DJU6200006625 PAGE 2 OF 13

Request For Quote

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

00002 FAB4739 135,000.000 YD 5000024851

100%, POLY, CREPE KNIT, MICRO DENIER, BLACK, CIRCULAR KNIT.

ANTIMICROBIAL AND MOISTURE MANAGEMENT

PROPERTIES SHALL BE INHERENT IN THE FIBER. WEIGHT (OZ/SQ.YD.) 2.1+/-

0.2, TESTED BY ASTM-D3776 OPTION C; WALES 38, COURSES 45, TESTED BY

ASTM-D3775 OPTION C; BURSTING STRENGTH ( MIN) 80, TESTED BY ASTM-D3787;

DIMENSIONAL STABILITY (MAX) 4.0%, TESTED BY AATCC-135, TABLE 1, METHOD

3, III, iii; COLOFASTNESS TO LAUNDERING 4.0 1/, TESTED BY AATCC-61, TEST

1A; ELONGATION (MIN) WALES 60%-COURSES 70%, TESTED BY

ASTM-5034; ANTIMICROBIAL PROPERTIES >LOG1, TESTED BY AATC METHOD 100.

UNICOR PART: FAB4739

DESCRIPTION: 100% POLYESTER

ADJECTIVE: WITH MOISTURE MANAGEMENT PROPERTIES

SIZE: 60" WIDE

COLOR: BLACK

U/M: YD M/L: CR/PD 05-05 DATED JULY 26, 2005(MARINES) AND/OR

CRFD/PD 99-01A DATED OCTOBER 10, 2000(ARMY)

AND/OR CRFD/PD 04-07A DATED JUNE 11,2007

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES

CERTIFICATES OF CONFORMANCE REQUIRED WITH EACH DELIVERY

TEST REPORTS ARE REQUIRED PER I.A.W. D.P.S.C.M.4155.3

THIS MATERIAL TO BE USED WITH CONTRACT SPO100-04-D-0493 AND/OR SPO100-

04-D-0345 AND/OR SPM1C1-08-D-1037

DJU6200006625 PAGE 3 OF 13

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

00003 FAB4739 135,000.000 YD 5000024851

100%, POLY, CREPE KNIT, MICRO DENIER, BLACK, CIRCULAR KNIT.

ANTIMICROBIAL AND MOISTURE MANAGEMENT

PROPERTIES SHALL BE INHERENT IN THE FIBER. WEIGHT (OZ/SQ.YD.) 2.1+/-

0.2, TESTED BY ASTM-D3776 OPTION C; WALES 38, COURSES 45, TESTED BY

ASTM-D3775 OPTION C; BURSTING STRENGTH ( MIN) 80, TESTED BY ASTM-D3787;

DIMENSIONAL STABILITY (MAX) 4.0%, TESTED BY AATCC-135, TABLE 1, METHOD

3, III, iii; COLOFASTNESS TO LAUNDERING 4.0 1/, TESTED BY AATCC-61, TEST

1A; ELONGATION (MIN) WALES 60%-COURSES 70%, TESTED BY

ASTM-5034; ANTIMICROBIAL PROPERTIES >LOG1, TESTED BY AATC METHOD 100.

UNICOR PART: FAB4739

DESCRIPTION: 100% POLYESTER

ADJECTIVE: WITH MOISTURE MANAGEMENT PROPERTIES

SIZE: 60" WIDE

COLOR: BLACK

U/M: YD M/L: CR/PD 05-05 DATED JULY 26, 2005(MARINES) AND/OR

CRFD/PD 99-01A DATED OCTOBER 10, 2000(ARMY)

AND/OR CRFD/PD 04-07A DATED JUNE 11,2007

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES

CERTIFICATES OF CONFORMANCE REQUIRED WITH EACH DELIVERY

TEST REPORTS ARE REQUIRED PER I.A.W. D.P.S.C.M.4155.3

THIS MATERIAL TO BE USED WITH CONTRACT SPO100-04-D-0493 AND/OR SPO100-

04-D-0345 AND/OR SPM1C1-08-D-1037

DJU6200006625 PAGE 4 OF 13

This is a Solicitation for commercial items prepared in accordance with the format in Subpart 12.3, as supplemented with additional information included in this notice. The Solicitation number is CT1922-09. The 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 2005-27. The North American Industry Classification System (NAIC) code is

313230.This requirement is unrestricted, and small business size standard is 500.UNICOR, Federal Prison Industries, Inc., intends to enter into a firm-fixed-price, Indefinite Delivery, Indefinite Quantity type contract for delivery to

UNICOR, FCI, Waseca, 1000 University Drive, SW,Waseca, MN 56093.The period of performance shall be a one year base with two(2)one year options, if exercised. The product is a commercial item, liners for the Marine Trunks. Offeror’s acceptance period will be sixty (60) days. Offeror’s agree to hold firm all price offers for 60 days from the closing date of the solicitation.

The estimated quantities are as follows:

GUARANTEED MINIMUM:

Guaranteed minimum for the life of the contract is 60,000 yards

NOT TO EXCEED MAXIMUM QUANTITY:

Not to Exceed quantity for the life of the contract is 405,000 yards

The requirement is DOMESTIC ONLY, MANUFACTURED IN ITS ENTIRETY IN THE UNITED STATES OF AMERICA.

********STATEMENT OF WORK/DESCRIPTION*********************

See Section B for the Line Item Description and Estimated Quantity.

The initial delivery shall be 60 days after receipt of order (ARO).

Subsequent deliveries shall be THIRTY (30) days after receipt of order.

52.252.-1, Solicitation Provisions Incorporated by Reference (2/98)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

52.252-2, Clauses Incorporated by Reference (2/98)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at: www.acqnet.gov/far

The following FAR clauses and provisions apply to this acquisition:

52.211-2, Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

52.211-16, Variation in Quantity, The permissible variation shall be +10% and -0%.

52.212-1, Instructions to Offerors-Commercial Items;

52.212-2, Evaluation- Commercial Items. Evaluation factors are past performance, ability to conform to specifications and price. Past performance is significantly more important than cost or price. The Government may make award without discussions, therefore, the initial offer should contain the offeror’s best pricing. Tradeoff Process: It may be in the Government’s best interest to consider award to other than the lowest priced offeror or other than the highest rated technical offeror. This process may include tradeoffs among cost/price and non-cost factors and allows the

Government to accept other than the lowest priced proposal f the perceived benefits of the highest priced proposal are determined to merit the additional cost;

DJU6200006625 PAGE 5 OF 13

52.212-3, Offeror Representations and Certifications- Commercial Items (Nov 2007)

An offeror shall complete only paragraph (L) of this provsion if the offeror has completed the annual representations and certifications electronically at http: //orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (K) of this provision.

52.212-4 Contract Terms & Conditions-Commercial Items (OCT 2003)

DEVIATION (d)

"This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Disputes arising under or relating to this contract shall be resolved in accordance with clause FAR 52.233-1 Disputes (JUL 2002)

(DEVIATION), which is incorporated herein by reference. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract."

To view the full text clause FAR 52.233-1 Disputes (JUL 2002) (DEVIATION), go to http://www.unicor.gov/fpi_contracting.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 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 (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(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_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10

U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L.

DJU6200006625 PAGE 6 OF 13

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

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

__ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_(17) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

_X_(21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(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)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007)

(E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(31) 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).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_(36) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31

U.S.C. 3332).

_X_(38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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.]

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

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

DJU6200006625 PAGE 7 OF 13

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option

Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 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 available for 3 years after any resulting final termination settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

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

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

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

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements

(Nov 2007) (41 U.S.C. 351, et seq.).

(x) 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.

52.216-18, Ordering, Orders may be issued under the resulting contract from the date of the award through one (1) year

DJU6200006625 PAGE 8 OF 13

and two (2) option years, if exercised.

52.216-19, Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5,000 each per line the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of 15,000 yards,

(2) Any order for a combination of items in excess of 45,000 yards or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.215-6, Place of Performance, (OCT 1997)

(a) The offeror of respondent, in the perfromanceof any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance Name and Address of Owner

(Street Address, City

State, County, Zip Code

Offeror of Respondent

52.216-22, Indefinite Delivery/ Indefinite Quantity (Oct 1995)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days before the contract expires. The preliminary does not commit the Government to an extension.

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

(c )The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years in total.

52.246-15, Certificate of Conformance, (APR 1984)

A copy of the Certificate of Compliance and passing test results shall be furnished with each shipment stating that

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the testing has been performed in accordance with the specifications of this contract and that material is in accordance with theses specifications. Payment of invoices will not be made until this vital paperwork is received at factory locations. The COC, test results and the packing slip shall accompany each shipment. The furnishing of a

Certificate of Compliance shall be a condition of acceptance at destination.

52.247-34, F.O.B. Destination (Nov 1991)

FPI 1000D, Packaging and Marking - 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.

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

FPI 1000F1, Delivery Order - Orders shall customarily be made by phone, with subsequent written confirmation containing the following information:

a. Date of order

b. Contract number and order number

c. Item number and description, quantity, and unit price

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery shall be Thirty (30) days after receipt of delivery order. The period of performance for this contract will be from the date of award through one year base with two (1) year options if exercised.

FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE, Supplement: LCL APPR

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: all authorized personnel excluding the COTR.

DELIVERY HOURS: Normal delivery hours are as follows: 8:00 am to 11:00 am and 12 pm to 3:00 pm, Monday through

Friday, notwithstanding emergencies and Federal holidays. The delivery location may require an appointment in advance.

Special instructions may be indicated on the purchase/delivery order as delivery hours may vary from facility to facility.

FPI 1000HI ECONOMIC PRICE ADJUSTMENT, Supplement: LCL APPR

Twelve (12) months after contract award date, contract prices for the succeeding twelve (12) month period may be adjusted in accordance with the change in the Producer Price Index for (non-woven fabric) NAICS code 313230 from the date of award to the date of adjustment. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST THIS ADJUSTMENT.

Adjustments may be requested for a period not to exceed 30 days after the eligible adjustment date. Requests that are made after the 30-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall

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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. No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed Ten Percent (10%), 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.

FPI 1000I1 Preference for Certain Domestic Commodities (May 1994), Supplement: LCL APPR

(a) The Contractor agrees to deliver under this contract only such of the following articles that have been grown, reprocessed, reused or produced in the United States, its possessions or Puerto Rico-

(1) Food; (2) Clothing; (3) Tents, tarpaulins, or covers; (4) Cotton and other natural fiber products; (5)

Woven silk or woven silk blends; (6) Spun silk yarn for cartridge cloth; (7) Synthetic fabric, and coated synthetic fabric; (8) Canvas products; (9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials or manufactured articles); or (10) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.

(b) This clause does not apply-

(1) To supplies listed in FAR 25.108(d)1), or other supplies for which the Government has determined that a satisfactory quality and sufficient quantity cannot be as and when needed at U.S. market prices; (2) to foods which have been manufactured or processed in the U.S., its possessions or Puerto Rico; or (3) To chemical warfare protective clothing produced in the countries listed in subsection 225.872-1 of the Defense FAR Supplement.

Clause: FPI 1000K2

Supplement: LCL APPR (15)

SUBCONTRACT CERTIFICATION

This contract does ( ) does not ( ) provide for any subcontracting possibilities.

If answer is in the affirmative, offeror will submit a subcontracting plan in accordance with the requirements of FAR

52.219 9, FPR Temp. Reg. 50.

FPI 999.999-9 Business Management Questionnaire- This must be completed and provided with your offer. This is very important as it provides your past performance for like or similar items and capability to perform the requirement.

Ensure the point of contact information on the form is correct and current. The document can be downloaded at the

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following website:

http ://unicor.gov/fpi_contracting/about_procurement/forms/

The ACH Vendor Payment Enrollment Form is also available at this same website.

Clause: 2852.201 70, CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)

(a) Mr. David Elsea of LCSI Butner, Old NC Rd, Highway 75 Butner, NC 27509,919-575-8000 ext. 7384, is hereby designated to act as Contracting Officer’s Technical Representative (COTR) under this contract.

(b) The COTR 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 contractural Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COTR 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.

PROPOSAL SUBMISSION REQUIREMENTS: OFFERORS ARE TO SUBMIT PRICING WITH THEIR PROPOSAL PACKAGE.

Each proposal package shall consist of the following completed and signed documents: (1) Standard Form 1449

Solicitation/Contract/Order For Commercial Items, All Amendments issued(2) three Business Management Questionnaires for contracts that are similar or like items (this is your capability and past performance information and (3) an ACH form (Vendor Payment/Enrollment Form). A completed ACH form must be on file prior to contract award.(4) Offeror

Representations & Certifications-Commercial Items must be submitted with your proposal, FAR 52.212-3 is the clause that contains the Representations & Certifications and is contained in this solicitation. This solicitation is available at FedBizOpps www .fedbizopps.gov

Central Contractor Registration is mandated effective 10/01/03. ALL CONTRACTORS MUST REGISTER in the CCR prior to award. For additional information and to register go to www.ccr.gov.

Federal Prison Industries uses the Contractor Performance System for contractor evaluation. This contract requires the awardee to register in the CPS system at https://cpscontractor.nih.gov/cr.asp

All offers, including pricing, are DUE BY December 12, 2008, 2:00 P.M. Eastern Standard Time (ET) to the attention of

Tonia Ellen, Contract Specialist, UNICOR Clothing & Textiles, 6th Floor, 400 First Street, Washington,DC 20534. Offer must indicate Solicitation Number CT1922-09, name, address and telephone number of offeror. Facsimiles will not be accepted. Commercial delivery service is advised.

All offerors that fail to furnish required Representations and Certifications information or reject the terms and conditions of the solicitation may be excluded from consideration. Any amendments hereby issued to this solicitation must be acknowledged by each offeror. Offers or modifications must be received by the date and time specified or they shall not be considered for an award.

Questions regarding this solicitation may be addressed in writing to Tonia Ellen, Contract Specialist, at the following e-mail address: tellen@central.unicor.gov or phone 202-305-7390.

Copies of Federal Specifications, Standards and Commercial Item Descriptions cited in this solicitation may be obtained from GSA, Federal Supply Service, Specifications Section, Suite 8100 470 L’Enfant Plaza, SW, Washington, DC

20407, Phone: 202-619-8925 and Facsimile 202-619-8978.

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Availability of specifications, standards and data item descriptions listed in the Acquisition Streamlining and standardixation Information System (ASSIST) (Jan 2006) Quick Search go to http: //assist.daps.dla.mil/quicksearch

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