CT1944.PDF

1. REQUSITION NUMBER

5000025493

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

CT1944-09

6. SOLICITATION ISSUE DATE

05/01/2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Michael Boucher

b. TELEPHONE NUMBER (No collect calls)

202 514 5104

8. OFFER DUE DT/LOCAL TIME

05/19/2009 2:00PM

9. ISSUED BY CODE

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

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

X SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

SIC: 2284

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

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

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200006833

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 CT1944-09

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)

Michael Boucher 202 514 5104

31c. DATE SIGNED

05/01/2009

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, Atlanta Mattress 601 McDonough Blvd. SE

ATLANTA, GA 30315

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 Atlanta, GA 30315

Commercial Items, Thread, Various types, for use in the manufacture of bedding mattresses at Federal Prison Industries

Atlanta facility. Finished goods for sale to federal government agencies only. Delivery Terms are FOB Destination. All

Quantities are estimates only.

Lines 1, 2 & 7 are for Base Period (2 Years)

Lines 3, 4 & 8 are for Option 1

Lines 5, 6 & 9 are for Option 2

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 THD0171 162,820,000.000 YD 5000025493

COMM.GRADE,POL,WHT,45-46/2,2.LFT,

UNICOR PART NUMBER:THD0171

POLY

TEX NUMBER:

COLOR:WHITE

DESCRIPTION:THREAD

ADJECTIVE:COMM-POLY-GRADE

SIZE: TICKET-46, 2-PLY

UNIT OF MEASURE:YD

DJU6200006833 PAGE 2 OF 16

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 THD0172 88,635,000.000 YD 5000025493

COMM.GRADE,POL,TEX-35-2-PLY

UNICOR PART #:THD0172

POLY CORE COTTON COVER##

TEX NUMBER:T-35##

COLOR:WHITE##

DESCRIPTION:THREAD

ADJ:COTTON COVERED/POLY CORE

TICKET SIZE:MF-70

TYPE:

PLY:2

U/M:CONE

M/L:

TEX SIZE:T-35

TICKET SIZE:MF-70

YARN SIZE:33/2

STRENGTH SINGLE END:3.01 LBS

ELONGATION:20.37%

SHRINKAGE:1.00%

LOOP STRENGTH:35.9 LBS

MELTING POINT:

LOCK STITCH SEAM STRENGTH:35.9 LBS

CHAIN STITCH SEAM STRENGTH:41.2 LBS

TWIST DIRECTION (Z twist): LEFT (Z)

MIN TWIST PER INCH:20

SPOOL OFF DIRECTION (Q wind): CLOCKWISE

NEEDLE SIZE METRIC:75

00003 THD0171 81,410,000.000 YD 5000025493

COMM.GRADE,POL,WHT,45-46/2,2.LFT,

UNICOR PART NUMBER:THD0171

POLY

TEX NUMBER:

COLOR:WHITE

DESCRIPTION:THREAD

ADJECTIVE:COMM-POLY-GRADE

SIZE: TICKET-46, 2-PLY

UNIT OF MEASURE:YD

DJU6200006833 PAGE 3 OF 16

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

00004 THD0172 44,317,000.000 YD 5000025493

COMM.GRADE,POL,TEX-35-2-PLY

UNICOR PART #:THD0172

POLY CORE COTTON COVER##

TEX NUMBER:T-35##

COLOR:WHITE##

DESCRIPTION:THREAD

ADJ:COTTON COVERED/POLY CORE

TICKET SIZE:MF-70

TYPE:

PLY:2

U/M:CONE

M/L:

TEX SIZE:T-35

TICKET SIZE:MF-70

YARN SIZE:33/2

STRENGTH SINGLE END:3.01 LBS

ELONGATION:20.37%

SHRINKAGE:1.00%

LOOP STRENGTH:35.9 LBS

MELTING POINT:

LOCK STITCH SEAM STRENGTH:35.9 LBS

CHAIN STITCH SEAM STRENGTH:41.2 LBS

TWIST DIRECTION (Z twist): LEFT (Z)

MIN TWIST PER INCH:20

SPOOL OFF DIRECTION (Q wind): CLOCKWISE

NEEDLE SIZE METRIC:75

00005 THD0171 81,410,000.000 YD 5000025493

COMM.GRADE,POL,WHT,45-46/2,2.LFT,

UNICOR PART NUMBER:THD0171

POLY

TEX NUMBER:

COLOR:WHITE

DESCRIPTION:THREAD

ADJECTIVE:COMM-POLY-GRADE

SIZE: TICKET-46, 2-PLY

UNIT OF MEASURE:YD

DJU6200006833 PAGE 4 OF 16

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

00006 THD0172 44,317,000.000 YD 5000025493

COMM.GRADE,POL,TEX-35-2-PLY

UNICOR PART #:THD0172

POLY CORE COTTON COVER##

TEX NUMBER:T-35##

COLOR:WHITE##

DESCRIPTION:THREAD

ADJ:COTTON COVERED/POLY CORE

TICKET SIZE:MF-70

TYPE:

PLY:2

U/M:CONE

M/L:

TEX SIZE:T-35

TICKET SIZE:MF-70

YARN SIZE:33/2

STRENGTH SINGLE END:3.01 LBS

ELONGATION:20.37%

SHRINKAGE:1.00%

LOOP STRENGTH:35.9 LBS

MELTING POINT:

LOCK STITCH SEAM STRENGTH:35.9 LBS

CHAIN STITCH SEAM STRENGTH:41.2 LBS

TWIST DIRECTION (Z twist): LEFT (Z)

MIN TWIST PER INCH:20

SPOOL OFF DIRECTION (Q wind): CLOCKWISE

NEEDLE SIZE METRIC:75

00007 THD0035 69,300,000.000 YD 5000025493

THREAD,V-T-295,NYL,WHT,E,II,A,3

SEWING THREAD,WHITE NYLON,CONFORMING TO FED SPEC

V-T295E DATED:8-1-85 MACHINE SEWING THREAD,NEEDLE,

LOOPER,TYPE II,CLASS A,LETTER SIZE E.COLOR WHITE

LEFT HAND OR Z TWIST.

U/M:YARD (12,000 YDS PER CONE)

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.

CERTIFICATE OF CONFORMANCE IS REQUIRED

DJU6200006833 PAGE 5 OF 16

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

00008 THD0035 34,650,000.000 YD 5000025493

THREAD,V-T-295,NYL,WHT,E,II,A,3

SEWING THREAD,WHITE NYLON,CONFORMING TO FED SPEC

V-T295E DATED:8-1-85 MACHINE SEWING THREAD,NEEDLE,

LOOPER,TYPE II,CLASS A,LETTER SIZE E.COLOR WHITE

LEFT HAND OR Z TWIST.

U/M:YARD (12,000 YDS PER CONE)

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.

CERTIFICATE OF CONFORMANCE IS REQUIRED

00009 THD0035 34,650,000.000 YD 5000025493

THREAD,V-T-295,NYL,WHT,E,II,A,3

SEWING THREAD,WHITE NYLON,CONFORMING TO FED SPEC

V-T295E DATED:8-1-85 MACHINE SEWING THREAD,NEEDLE,

LOOPER,TYPE II,CLASS A,LETTER SIZE E.COLOR WHITE

LEFT HAND OR Z TWIST.

U/M:YARD (12,000 YDS PER CONE)

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.

CERTIFICATE OF CONFORMANCE IS REQUIRED

DJU6200006833 PAGE 6 OF 16

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. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is CT1944-09. The solicitation is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-31. The North American Industry Classification

System (NAIC) code is 313113 (Thread Mills) and small business size standard is 500. This acquisition is Set Aside

100% for Small Business. UNICOR, Federal Prison Industries, Inc. intends to enter into a firm-fixed-price, Requirements type contract for delivery to the UNICOR facility located at USP Atlanta, GA 30315.

The base period of performance shall be two (2) years from date of award with two (2) Options, if exercised. The product is a commercial item, thread, several types, for use in the manufacture of bedding mattresses. The finished goods are for sale to the GSA and other federal government agencies. Complete description of the items are in Section

B Supplies or Services and Prices/Costs.

A Certificate of Conformance (COC) is required for each Delivery Order. A COC must be furnished with each delivery to certify that supplies delivered meet the specifications stated in the contract and are in conformance with all terms and conditions of the contract.

The total estimated maximum quantities for the life of the contract are: THD0035-138.6M YDS; THD0171-325.64M YDS;

THD0172-177.3M YDS.

The DELIVERY ORDER MINIMUM Quantity is THD0035-250,000 YDS; THD0171-500,000 Yds; THD0172-500,000 Yds. DELIVERY ORDER

MAXIMUM Quantity is THD0035-6.0M YDS; THD0171-5.0M Yds; THD0172-10.2M Yds. Delivery shall be FOB Destination.

DELIVERY SHALL BE 30 DAYS AFTER RECEIPT OF DELIVERY ORDER (ARO).

THIS REQUIREMENT IS NOT DOMESTIC U.S.A. ONLY. However, FAR 52.225-5, Trade Agreements (Nov 2007) is applicable.

Designated countries only can be a source of non U.S.A. material. See the Trade Agreements clause for a listing of designated countries.

Federal Prison Industries intends to award one (1) contract for this acquisition.

The offer period for this acquisition is 60 days. Offerors agree to hold firm all price offers for 60 days from the offer due date.

Price evaluation will be based on the sum of the total extended price of the line items.

Additional Information pertaining to this solicitation:

In addition to standard label, each shipping unit must be labeled with Purchase Order Number, size and UNICOR part number.

The contractor will ship via FOB Destination to UPS Atlanta, GA 30315. Delivery accepted only against a valid Purchase

Order authorized by a contracting officer.

Certificate of Conformance (COC) required with each shipment. Payment of invoices will not be made without this documentation received by the delivery location.

DJU6200006833 PAGE 7 OF 16

THREAD TESTING PROCEDURES established by the Clothing & Textiles Group of Federal Prison Industries shall apply to thread delivered under this contract.

BACKGROUND: In an effort to assist factory staff at all locations that have or may experience thread quality issues the below thread testing procedures were developed and shall be used in order to complete these tests uniformly throughout our business group.

1. Equipment: Single Needle Lock Stitch (301 Stitch), with reverse capabilities. Machine speed shall be

3500 revolutions per minute and 10 to 12 stitches per inch.

2. Trial Material: three test squares 12" x 12", production material, each test square will consist of three plies of material.

3. Process: The equipment is threaded and adjusted with the trial thread. The person performing the thread trial will sew forward across the test square to within ½" of the end of the test square. The tester will then reverse the machine and sew in reverse back across the test square to within ½" of the end of the test square. This will be repeated 10 times on each test square. A completed test square will have 20 rows of stitches when complete. Attempt to spread the stitching evenly across the test square. Each row of stitches will be sewn at "full" RPM of 3500. The tester will perform this test on each of the three test squares. When beginning the second and third test squares please switch to a new spool of thread each time from the lot being tested. The number of thread breaks or thread failures will be recorded.

4. Scoring: The number of thread failures will be totaled and divided by three. This number will be subtracted from 10 to determine the score for the trial. Any score less than 8.5 will be rejected.

5. In the event of a thread failure a second test must be conducted to ensure the machine settings were correct. Quality Control will maintain six spools of thread which have passed prior testing and are marked and dated accordingly. The machine confirmation test will be done using thread which has passed earlier testing under the control of QC. Once the machine settings have been confirmed as correct the failure procedure may proceed.

If the tested thread is determined to be "Non Conforming" as to UNICOR Specifications as Outlined in P.S.8340.07,

10.2.1 concerning raw material testing the Quality Assurance Manager will place the Non Conforming materials on "Q.A.

Hold" status. The Quality Assurance Manager will correspond with the Vendor that supplied the Non Conforming Raw

Materials. The Vendor will be informed as to what the Non Conformance of their products was.

The Vendor will then issue a "Return Authorization" number to the Quality Assurance Manager. The Quality Assurance

Manager will at this time notify the Warehouse Supervisor and/or Business Manager of the Return Authorization. The

Warehouse Supervisor will arrange the shipment of the Non Conforming raw materials to the Vendor.

6. Notifications: Once it is determined that thread will be returned to the vendor. The QA Manager will notify their Hub Industrial Specialist of the rejection so that alternate means of procurement can be initiated. The

Hub Industrial Specialist will notify Program Management of the rejection and plans to replace the rejected materials.

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

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

CORRECTION TO SECTION B SPEC-TEXT FOR LINES 7 THROUGH 9, THD0035: DELETE DFARS 252.225-7012 LANGUAGE. DOMESTIC

USA/BERRY AMENDMENT COMPLIANCE IS NOT MANDATORY.

DJU6200006833 PAGE 8 OF 16

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:

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

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

52.212-1, Instructions to Offerors- Commercial Items (JUN 2008);

52.212-2, Evaluation - Commercial Items. Evaluation factors are: past performance, ability to conform to the specifications, and price. Past performance is significantly more important than cost or price. Past performance would include quality of product or service, timeliness of performance, business relations and capability to provide like or similar supplies that meet quantity and delivery requirements of this acquisition. The Government may make an 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 if the perceived benefits of the highest priced proposal are determined to merit the additional cost.

52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2009)

An offeror shall complete only paragraph (b) of this provision 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 (c) through (m) of this provision.

52.212-4 Contract Terms and Conditions-Commercial Items (MAR 2009)

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 (APR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are

DJU6200006833 PAGE 9 OF 16

incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of

Pub. L. 111-5).

__ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 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).

__ (7) [Reserved]

_X_ (8)(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.

__ (9)(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_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_ (11)(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.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X_ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(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.

__ (15) 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).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L.

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

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

_X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

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

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

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

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

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

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

DJU6200006833 PAGE 10 OF 16

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

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

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

22.1803.)

__ (28)(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.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (30)(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.

__ (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Feb 2009) (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.

_X_ (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

2307(f)).

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

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

__ (40) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31

U.S.C. 3332).

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

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(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.).

__ (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) (41 351, et seq.).

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

Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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(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 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

(ii) 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.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of

Pub. L. 111-5). Applies to subcontracts funded under the Act.

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

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

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

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

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

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

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

(Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

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

(xiv) 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)

52.216-18, Ordering, Orders may be issued under the resulting contract from the date of award through four (4) years.

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52.216-19, Order Limitations;

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than (THD0035-250K YDS; THD0171-500K YDS; THD0172-500K YDS) 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 (THD0035-6.0M

YDS; THD0171-5.0M YDS; THD0172-10.2M YDS). (2) Any order for a combination of items in excess of N.A. or (3) A series of orders from the same ordering office within 10 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.

52.216-21, Requirements (Oct 1995)

52.223-11, Ozone Depleting Substances

52.225-6, Trade Agreements Certificate (JAN 2005)

52.246-15, Certificate of Conformance (Apr 1984)

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

JAR 2852.201-70 Contracting Officer’s Technical Representative (COTR).

As prescribed in Subpart 2801.70, insert the following clause:

Contracting Officer’s Technical Representative (COTR)

(JAN 1985)

(a) Heath Bailey, Q.A. Manager Atlanta, phone 404-635-5418, 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 contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(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.

(End of Clause)

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

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be marked for type and quantity. A Certificate of Conformance must accompany each shipment.

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 for this acquisition

ALL UNITS MUST BE LABELED WITH THE PURCHASE ORDER NUMBER, UNICOR ITEM NUMBER AND SIZE.

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 30 days after receipt of delivery order (ARO).

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: 7:30 am to 11:00 am & 12 Noon to 2:30 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 NAICS 313113(Thread Mills) 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 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

DJU6200006833 PAGE 14 OF 16

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, 2 Massachusetts Ave. NE, Washington, DC 20212, telephone

202-691-7705 or www.bls.gov

FPI 1000K2, 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 following website: http://www.unicor.gov/fpi_contracting/vendors/

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

PROPOSAL SUBMISSION REQUIREMENTS: Each proposal package shall consist of the following completed and signed documents:

(1) Standard Form 1449 Solicitation/Contract/Order for Commercial Items with the Section B Pricing pages included (2)

All Amendments issued,

(3) Three (3) Business Management Questionnaires for contracts that are for similar or like items (this is your capability and past performance information) and (4) an ACH form (Vendor Payment/Enrollment Form). A completed ACH form must be on file prior to contract award. (5) Offeror Representations and Certifications- Commercial Items (FEB

2009) must be submitted with your proposal, FAR 52.212-3 is the clause that contains the Representations &

Certifications and is contained in this solicitation. You can also complete representations & certifications online at https://orca.bpn.gov.

This solicitation is available online at www.fedbizopps.gov

For reference, all FAR clauses can be found online at www.acquisition.gov/far

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 are due by May 19, 2009 2:00 PM Eastern Time (ET) to the attention of Michael Boucher, Contract Specialist, UNICOR Clothing & Textiles 6th Floor, 400 First Street, NW, Washington, DC 20534. Offer must indicate Solicitation No.

CT1944-09, 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

DJU6200006833 PAGE 15 OF 16

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 Michael Boucher, Contract Specialist, at the following e-mail address: mboucher@central.unicor.gov or phone 202-514-5104.

DJU6200006833 PAGE 16 OF 16