6200007449.pdf

TERMS OF DELIVERY ARE F.O.B.DESTINATION TO:

UNICOR, Federal Prison Industries, Inc.

1300 Metropolitan Ave.

Leavenworth, KS 66048

Solicitation is issued as a three (3) year fixed price requirements type contract with Economic Price Adjustment for WPU313221(Textile Mill Products).

Offerors which do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers. The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.

SOLICITATION IS UNRESTRICTED/100% SET-ASIDE FOR SMALL BUSINESS

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED

IN WRITING VIA EMAIL TO: HTUsdickens@central.unicor.govUTH NO PHONE

CALLS PLEASE.

For a list, description and total estimated quantities of all items, refer to Section B.

UNICOR’s desired delivery is 30 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award. Delivery orders will be issued in accordance with 52.216-19.

The date and time for receipt of proposals is November 15P th P, 2010 at 2:00PM EST.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE

OFFEROR:

VENDOR’S DUNN AND BRADSTREET NUMBER_________________________

VENDOR’S POINT OF CONTACT___________________________________

VENDOR’S TELEPHONE AND FAX NUMBER___________________________

VENDOR’S EMAIL ADDRESS______________________________________

VENDOR’S BUSINESS SIZE(i.e.SMALL, LARGE, ETC)_______________

Offeror must sign confirming that the contractor on the face of this solicitation has a current registration at the Central Contractor Registration Database:

Offeror must sign confirming that the contractor on the face of this solicitation has a current registration at the ORCA Database:

This is a 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 solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is CT2037-10 and this 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 2005-43. The North American Industry Classification System (NAIC) code is 313221/SIC is 2322. This requirement is unrestricted 100% set-aside for small business; small business size standard is 500 employees. Federal Prison Industries, Inc. intends to enter into three year firm fixed price, Requirements type contract for the following commercial items. The products are commercial items, 100% Cotton fabric used to manufacture T-Shirts.

See Section B for list of items.

The minimum delivery order quantity is 3,000 yds per order. The maximum delivery order quantity is 150,000 yds per order.

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.

Items shall conform to Specification A-A-50013G DTD September 15, 2009 obtained from the following website:

http://www.assistdoc.com.

No substitutes will be accepted.

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 contact 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.

The following FAR clauses and provisions apply to this acquisition:

52.204-4, Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.204-6, Data Universal Numbering System (DUNS) Number (Apr 2008)

52.209-7, Information Regarding Responsibility Matters (Apr 2010)

(a) TDefinitionsT. As used in this provision “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (Te.g.T, Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at HTUhttp://www.ccr.govUTH (see HTU52.204-7UTH).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (Te.g.T, general manager; plant manager;

head of a division or business segment; and similar positions).

52.211-2, Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697- 2667/2179, Facsimile (215) 697-1462.

52.211-16, Variation in Quantity, (Apr 1984) The permissible variation shall be +10% and -10%

52.211-17, Delivery of Excess Quantities, (Sept 1989)

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

52.212-2, Evaluation - Commercial Items (Jan 1999), Evaluation factors are past performance, ability to meet specifications, delivery time and price. Quality, delivery and customer service will be evaluated under past performance. The Government may make award without discussions - therefore, the initial offer should contain 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. 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, (Oct 2010) 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 (June 2010); 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:// HTUwww.unicor.gov/fpi_contractingUTH.

52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items (Oct 2010)

(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) HTU52.222-50UTH, Combating Trafficking in Persons (Feb 2009) (HTU22 U.S.C. 7104(g)UTH).

___Alternate I (Aug 2007) of HTU52.222-50UTH (HTU22 U.S.C. 7104(g)UTH).

(2) HTU52.233-3UTH, Protest After Award (AUG 1996)

(HTU31 U.S.C. 3553UTH).

(3) HTU52.233-4UTH, Applicable Law for Breach of Contract Claim

(O s ecutive orders applicable to acquisitions of

CT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in thi paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Ex commercial items:

X (1) HTU52.203-6UTH, Restrictions on Subcontractor Sal

Government (Sept 2006), with Alternate es to the

I (Oct 1995) (HTU41 U.S.C. 253gUTH and HTU10 U.S.C. 2402UTH).

__ (2) HTU52.203-13UTH, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (HTU41 U.S.C. 251 noteUTH)).

__ (3) HTU52.203-15UTH, 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.)

__ (4) HTU52.204-10UTH, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (HTU31 U.S.C.

6101 noteUTH).

__ (5) HTU52.204-11UTH, American Recovery and Reinvestment Act— Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) HTU52.219-3UTH, Notice of Total HUBZone Set-Aside (Jan 1999) (HTU15 U.S.C. 657aUTH).

X (7) HTU52.219-4UTH, 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) (HTU15 U.S.C. 657aUTH).

__ (8) [Reserved] X (9)(i) HTU52.219-6UTH, Notice of Total Small Business Set-Aside

(June 2003) (HTU15 U.S.C. 644UTH).

__ (ii) Alternate I (Oct 1995) of HTU52.219-6UTH.

__ (iii) Alternate II (Mar 2004) of HTU52.219-6UTH.

__ (10)(i) HTU52.219-7UTH, Notice of Partial Small Business Set- Aside (June 2003) (HTU15 U.S.C. 644UTH).

__ (ii) Alternate I (Oct 1995) of HTU52.219-7UTH.

__ (iii) Alternate II (Mar 2004) of HTU52.219-7UTH.

X (11) HTU52.219-8UTH, Utilization of Small Business Concerns (May 2004) (HTU15 U.S.C. 637(d)(2)UTH and (3)).

X (12)(i) HTU52.219-9UTH, Small Business Subcontracting Plan (Oct 2010) (HTU15 U.S.C. 637(d)(4)UTH).

__ (ii) Alternate I (Oct 2001) of HTU52.219-9UTH.

__ (iii) Alternate II (Oct 2001) of HTU52.219-9UTH.

__ (iv) Alternate III (Jul 2010) of HTU52.219-9UTH.

__ (13) HTU52.219-14UTH, Limitations on Subcontracting (Dec 1996) (HTU15 U.S.C. 637(a)(14)UTH).

U_XU (14) HTU52.219-16UTH, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (HTU15 U.S.C. 637(d)(4)(F)(i)UTH).

__ (15)(i) HTU52.219-23UTH, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (HTU10 U.S.C.

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

__ (ii) Alternate I (June 2003) of HTU52.219-23UTH.

__ (16) HTU52.219-25UTH, Small Disadvantaged Business Participation

Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and HTU10 U.S.C. 2323UTH).

__ (17) HTU52.219-26UTH, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and HTU10 U.S.C. 2323UTH).

__ (18) HTU52.219-27UTH, Notice of Total Service-Disabled Veteran- Owned Small Business Set-Aside (May 2004) (HTU15 U.S.C. 657 fUTH).

_X_ (19) HTU52.219-28UTH, Post Award Small Business Program Rerepresentation (Apr 2009) (HTU15 U.S.C. 632(a)(2)UTH).

__ (20) HTU52.222-3UTH, Convict Labor (June 2003) (E.O. 11755).

X (21) HTU52.222-19UTH, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X (22) HTU52.222-21UTH, Prohibition of Segregated Facilities

(Feb 1999).

X (23) HTU52.222-26UTH, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (24) HTU52.222-35UTH, Equal Opportunity for Veterans

(Sep 2010)(HTU38 U.S.C. 4212UTH).

UX_U (25) HTU52.222-36UTH, Affirmative Action for Workers with

Disabilities (Oct 2010) (HTU29 U.S.C. 793UTH).

X_ (26) HTU52.222-37UTH, Employment Reports on Veterans, (Sep 2010)

(HTU38 U.S.C. 4212UTH).

__ (27) HTU52.222-54UTH, 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

HTU22.1803UTH.)

__ (28)(i) HTU52.223-9UTH, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (HTU42 U.S.C. 6962(c)(3)(A)(ii)UTH). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of HTU52.223-9UTH (HTU42 U.S.C. 6962(i)(2)(C)UTH). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) HTU52.223-15UTH, Energy Efficiency in Energy-Consuming Products (DEC 2007) (HTU42 U.S.C. 8259bUTH).

__ (30)(i) HTU52.223-16UTH, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of HTU52.223-16UTH.

__ (31) 52.223-18, Contractor Policy to Ban Text Messaging

While Driving (SEP 2010) (E.O. 13513).

__ (32) HTU52.225-1UTH, Buy American Act—Supplies (Feb 2009)

(HTU41 U.S.C. 10a-10dUTH).

__ (33)(i) HTU52.225-3UTH, Buy American Act—Free Trade Agreements—

Israeli Trade Act (June 2009) (HTU41 U.S.C. 10a-10dUTH, HTU19 U.S.C.

3301UTH note, HTU19 U.S.C. 2112UTH note, HTU19 U.S.C. 3805UTH note, Pub. L.

108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, a 110-138) nd

__ (ii) Alternate I (Jan 2004) of HTU52.225-3UTH.

__ (iii) Alternate II (Jan 2004) of HTU52.225-3UTH.

__ (34) HTU52.225-5UTH, Trade Agreements (AUG 2009) (HTU19 U.S.C. 2501UTH, Tet seqT., HTU19 U.S.C. 3301UTH note).

X_ (35) HTU52.225-13UTH, 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).

__ (36) HTU52.226-4UTH, Notice of Disaster or Emergency Area Set- Aside (Nov 2007) (HTU42 U.S.C. 5150UTH).

__ (37) HTU52.226-5UTH, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (HTU42 U.S.C. 5150UTH).

__ (38) HTU52.232-29UTH, Terms for Financing of Purchases of Commercial Items (Feb 2002) (HTU41 U.S.C. 255(f)UTH, HTU10 U.S.C. 2307(f)UTH).

__ (39) HTU52.232-30UTH, Installment Payments for Commercial Items (Oct 1995) (HTU41 U.S.C. 255(f)UTH, HTU10 U.S.C. 2307(f)UTH).

X_ (40) HTU52.232-33UTH, Payment by Electronic Funds Transfer— Central Contractor Registration (Oct 2003) (HTU31 U.S.C. 3332UTH).

__ (41) HTU52.232-34UTH, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)

(HTU31 U.S.C. 3332UTH).

__ (42) HTU52.232-36UTH, Payment by Third Party (Feb 2010)

(HTU31 U.S.C. 3332UTH).

__ (43) HTU52.239-1UTH, Privacy or Security Safeguards (Aug 1996) (HTU5 U.S.C. 552aUTH).

__ (44)(i) HTU52.247-64UTH, Preference for Privately Owned U.S.- Flag Commercial Vessels (Feb 2006) (HTU46 U.S.C. Appx. 1241(b)UTH and

HTU10 U.S.C. 2631UTH).

__ (ii) Alternate I (Apr 2003) of HTU52.247-64UTH.

(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:

[TContracting Officer check as appropriate.T] __ (1) HTU52.222-41UTH, Service Contract Act of 1965 (Nov 2007)

(HTU41 U.S.C. 351UTH, Tet seqT.).

__ (2) HTU52.222-42UTH, Statement of Equivalent Rates for Federal

Hires (May 1989) (HTU29 U.S.C. 206UTH and HTU41 U.S.C. 351UTH, Tet seqT.).

__ (3) HTU52.222-43UTH, Fair Labor Standards Act and Service

Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (HTU29 U.S.C. 206UTH and HTU41 U.S.C. 351UTH, Tet seqT.).

__ (4) HTU52.222-44UTH, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (HTU29 U.S.C. 206UTH and HTU41 U.S.C. 351UTH, Tet seqT.).

__ (5) HTU52.222-51UTH, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (HTU41 351UTH, Tet seq.T).

__ (6) HTU52.222-53UTH, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (HTU41 U.S.C. 351UTH, Tet seq.T).

__ (7) HTU52.226-6UTH, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) HTU52.237-11UTH, Accepting and Dispensing of $1 Coin (Sept 2008) (HTU31 U.S.C. 5112(p)(1)UTH).

(d) TComptroller General Examination of RecordT. 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 HTU52.215-2UTH, 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 HTUSubpart 4.7UTH, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) HTU52.203-13UTH, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (HTU41 U.S.C. 251 noteUTH)).

(ii) HTU52.219-8UTH, Utilization of Small Business Concerns (May 2004) (HTU15 U.S.C. 637(d)(2)UTH and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include HTU52.219-8UTH in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) HTU52.222-26UTH, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) HTU52.222-35UTH, Equal Opportunity for Veterans (Sep 2010)

(HTU38 U.S.C. 4212UTH).

(vi) HTU52.222-36UTH, Affirmative Action for Workers with

Disabilities (Oct 2010) (HTU29 U.S.C. 793UTH).

(vii) [Reserved]

(viii) HTU52.222-41UTH, Service Contract Act of 1965 (Nov 2007)

(HTU41 U.S.C. 351UTH, Tet seqT.).

(ix) HTU52.222-50UTH, Combating Trafficking in Persons (Feb 2009)

(HTU22 U.S.C. 7104(g)UTH).

___Alternate I (Aug 2007) of HTU52.222-50UTH (HTU22 U.S.C. 7104(g)UTH).

(x) HTU52.222-51UTH, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (HTU41 U.S.C.

351UTH, Tet seq.T).

(xi) HTU52.222-53UTH, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (HTU41 U.S.C. 351UTH, Tet seq.T).

(xii) HTU52.222-54UTH, Employment Eligibility Verification (JAN 2009).

(xiii) HTU52.226-6UTH, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause HTU52.226-

6UTH.

(xiv) HTU52.247-64UTH, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (HTU46 U.S.C. Appx. 1241(b)UTH and HTU10 U.S.C. 2631UTH). Flow down required in accordance with paragraph (d) of FAR clause HTU52.247-64UTH.

(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.

52.215-6, Place of Performance (Oct 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ___ intends ___does not intend (check one) 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 (STREET ADDRESS, CITY, STATE, COUNTY, ZIP

CODE)

NAME AND ADDRESS OF OWNER AND OPERATOR OF THE PLANT OR FACILITY

IF OTHER THAN OFFEROR OR RESPONDENT

52.216-18, Ordering, (Oct 1995) Orders may be issued under the resulting contract from the date of award through 36 months from date of award if options are 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 5000 each per line item_, 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 100,000 per line item_;

(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 _7_ days that together call for quantities exceeding the limitation in paragraph (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 _7_ 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)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; TprovidedT, that the Contractor shall not be required to make any deliveries under this contract after November 31, 2013.

52.223-11 Ozone-Depleting Substances (May 2001)

(a) TDefinitionT. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by HTU42 U.S.C. 7671jUTH (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

52.246-15, Certificate of Conformance (APR 1984) Certificate of Compliance and passing test results shall be furnished with each shipment stating that the testing has been performed in accordance with the specifications of this contract and that material is in accordance with these specifications.

Payment of Invoices will not be made until this vital paperwork is received at factory locations.

52.247-34, F.O.B. Destination, Delivery shall be FOB destination to UNICOR, Federal Prison Industries, Leavenworth, KS, 1300 Metropolitan Ave., Leavenworth, KS 66048

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

____________www.aquisition.gov_________________________

52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

____________www.acquisition.gov___________________________

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal

Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____.

[Tinsert regulation nameT] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Clause: FPI 1000D Supplement: LCL APPR

PACKAGING AND MARKING (6)

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

PACKAGING OF FABRIC & SHIPPING TO UNICOR

(1) All fabric shall be flat folded and festooned, neatly stacked in a "UNI-PAK" meeting the following specifications:

SIZE: 40 X 48 X 45 1500 GRADE

TOP: NSN 8115-01-444-0211

SLEEVE W/O DROP PANEL: 8114-01-444-0198

FPI 1000F1, Delivery Order- Orders shall customarily be made by fax or email, 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

Initial delivery order shall be thirty (30)days or sooner after receipt of AWARD. All following delivery orders shall be thirty

(30) days after receipt of order, or latter if specified by the order. The period of performance for this contract will be from the date of award through three years.

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 shall be 30 days after receipt of delivery order. The period of performance for this contract will be from the date of award through base year and two option years if exercised.

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

Contractor will ship in time to ensure product delivery by the requested date, not to be earlier than 30 days after receipt of delivery order. Early delivery is not acceptable unless requested or authorized by the contracting officer. Items delivered early may be returned to the contractor at the contractor's expense.

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 313221 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 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;

JAR 2852.201-70

CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)

(a) Paul Wells, UNICOR, (912) 427-0870, Ext.5718.

(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 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.

JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE (JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a 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. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

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 is linked to solicitation or can be downloaded at the following website:

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

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.

(2) All Amendments issued.

(3) Three Business Management Questionnaires for contracts that are for similar or like items (this is your capability and past performance information).

(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 must be submitted with your proposal, FAR 52.212-3 is the clause that contains the Representation & Certifications and is contained in this solicitation. You can 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.acquistion.gov/far

ALL OFFERS ARE DUE BY November 15th, 2010, at 2:00 PM EASTERN STANDARD TIME (ET)to the attention of Sandra Dickens, Contracting Officer, UNICOR-FCI Jesup, 2600 US Hwy 301 South, Jesup, Ga. 31599. Offer must indicate Solicitation Number CT2037-10, name, address and telephone number of offeror.

Facsimiles or emailed proposals will not be accepted.

Commercial delivery service is advised.

Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offeror must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered. 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

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.

Questions regarding this solicitation may be addressed in writing only to Sandra Dickens, Contract Specialist, at the following e-mail address: HTUsdickens@central.unicor.govUTH. All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site: HTUhttp://acquisition.gov.farUTH. This combined synopsis/solicitation and necessary forms are available on web site: http://www.fbo.gov.