6200008680.pdf

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VARIOUS FABRICS - BERRY COMPLIANT Federal contract opportunity
Solicitation number
CT2229-17
Issued by
Department of Justice Bureau of Prisons Federal Correctional Institution Manchester

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SOLICITATION, SF1449

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS 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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

8 (A)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

5000040717, 5000040718 23

CT2229-17

TINA JEFFERY

UNICOR, FPI

4200 BUREAU ROAD NORTH/TERRE HAUTE, IN 47802

UNICOR, FPI

UNICOR FPI CENTRAL ACCOUNT PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

See Section B

TINA JEFFERY

314910

500 EMP

07/13/2017

07/13/2017

08/11/2017

03:30 PM EST

l

UNICOR, FPI

WASHINGTON, DC

Terms of delivery: DST

TERMS OF DELIVERY ARE F.O.B. DESTINATION TO THE FOLLOWING LOCATIONS:

UNICOR, Federal Prison Industries, Inc.

4200 Bureau Road North

Terre Haute, IN 47802

Solicitation is issued as a one (1) year base with two (2) one-year option periods if exercised firm-fixed price requirements type contract for NAICS 314910, Textile Bags & Canvas Mills.

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

THESE ITEMS MUST BE BERRY AMENDMENT COMPLIANT, 100% USA DOMESTIC ONLY, MANUFACTURED ENTIRELY IN THE UNITED STATES OF

AMERICA. THIS IS TO INCLUDE THE RAW MATERIALS.

THE NON-MANUFACTURER RULE APPLIES - A RECIPIENT OF A CONTRACT SET-ASIDE FOR SMALL BUSINESS, IF OTHER THAN THE ACTUAL

MANUFACTURER, MUST PROVIDE THE PRODUCTS OF A SMALL BUSINESS.

PLEASE SEE ATTACHMENT NMR - PRIMER FOR ADDITIONAL INFORMATION AND REQUIRMENTS FOR NON-MANUFACTURERS. OFFERORS THAT

ARE NON-MANUFACTURERS MUST COMPLY WITH ALL REQUIRMENTS TO BE CONSIDERED RESPONSIVE.

Vendors are requred to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Tina.Jeffery@usdoj.gov by close of business WEDNESDAY, August 9, 2017. NO PHONE CALLS PLEASE.

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

Vendors shall submit signed and dated offers by commercial delivery service (FedEx, UPS, etc.)only as follows:

UNICOR Manchester

805 Fox Hollow Road

Manchester, KY 40962

ATTN: Tina Jeffery, Contract Specialist - UNICOR Warehouse

Or

EMAILED PROPOSALS WILL BE ACCEPTED. However it is the offeror's responsibility to confirm receipt of offer. Email address is Tina.Jeffery@usdoj.gov .

Due to logistics and security, do not send offers via U.S. mail.

The date and time for receipt of proposals is Friday, August 11, 2017 at 3:30 PM EST. Offer must indicate

Solicitation No. CT2229-17, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

DJU6200008680 PAGE 2 OF 23

Request For Quote

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

VENDOR'S DUN & BRADSTREET NUMBER: ______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ______________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (previous CCR - Central Contractor Registration and ORCA - Online Representations & Certifications

Application) prior to award, during performance, and through final payment of any contract resulting from this solicitation.

Signature

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 FAB1361 42,000.000 YD 5000040717

DUCK,CTT,CAMO-GREEN#483,#10HARD,58"W

CCC-C-419G,TYPE1,NUMBERED DUCK, HARD TEXTURE #10,

MINIMUM WEIGHT 14.4 OZ PER SQ YARD AND MAXIMUM 15.8 OZ

PER SQ YARD.CAMO GREEN#483,58" WIDTH,PLAIN WOVE SELVAGE.

FINISHED CLOTH SHALL BE IAW A-A-59708,TYPE 1, A CERTIFICATE

OF COMPLLIANCE AND LABORATRY TEST REPORT SHALL ACCOMPANY

OR PRECEDE EACH SHIPMENT OF MATERIAL. FAILURE TO SUPPLY

THESE DOCUMENTS MAY BE CAUSE FOR REJECTION OF SHIPMENT.

UNICOR PART NUMBER: FAB1361

DESCRIPTION: FABRIC

ADJECTIVE: COTTON DUCK

SIZE:58" WIDE

COLOR: CAMO GREEN #483

U/M:YARD

M/L:IAW CCC-C-419G

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

DJU6200008680 PAGE 3 OF 23

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

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

00002 FAB0592 1,200.000 YD 5000040717

CLOTH,POLYESTER,GREEN,60"W,20696.

UNICOR PART NUMBER: FAB0592

DESCRIPTION: FABRIC

MATERIAL: CLOTH,POLYESTER.

UNIT/MEASURE: YD

TYPE: 2 CLASS: 3

CLOTH SHALL BE I.A.W. MIL-PRF-20696,

COLOR: OLIVE DRAB, FED STD #595 COLOR

NO. 34052 THROUGH 34102

WIDTH: 60"

A CERTIFICATE OF COMPLIANCE MUST

ACCOMPANY OR PRECEDE EACH SHIPMENT OF

MATERIAL.

CERTIFICATE OF CONFORMANCE REQUIRED.

MATERTIAL MUST BE COMPLIANT WITH DFARS 252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.

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

THIS MATERIAL WILL BE USED ON CONTRACT______________________.

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

DJU6200008680 PAGE 4 OF 23

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

00003 FAB6431 6,000.000 YD 5000040717

UK,NYLON,OD-GREEN,7.25OZ,AS-SPEC*

M, 7219, DUCK, NYLON, OD-GRN. THEMAXIMUM WEIGHT OF THE FABRIC SHALL BE:

7.25 OZ. THE MAXIMUM WIDTH SHALL BE: 58" (+/-2"). THE COVER MATERIAL

SHALL HAVE A MINIMUM BREAK FORCE OF 325LBS IN THE WARP DIRECTION AND275

LBS IN THE FILL DIRECTION. THE YARDS PER INCH SHALL HAVE A MINIMUM WARP

OF 60 AND FILLING OF 45. THE AIR PERMEABILITY SHALL BE 8.0 WATER

RESISTANCE SPRAY SHALL BE 90,90,80. A CERTIFICATE OF COMPLIANCE AND/OR

LABORATORY TEST DATE SHALL ACCOMPANY OR PRECEDE EACH SHIPMENT OF

MATERIAL. FAILURE TO SUPPLY THESE DOCUMENTS MAY BE CAUSE FOR REJECTION

OF SHIPMENT. MATERIAL MUST BE COMPLIANT WITH DFARS 252.255-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES. TEST REPORTS ARE REQUIRED

PER I.A.W.D.P.S.C.M. 4155.3. THIS MATERIAL WILL BE USED ON CONTRACT:

MIRP9G04820144

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

00004 FAB6009 6,000.000 YD 5000040717

MIL-PRF-32002D,CLASS-A,60"W,GREEN-34094*

MIL-PRF-32002D, CLASS-A, 60" W, GREEN-34094* THE BASE CLOTH SHALL BE

COATED WITH NYLON POLY (VINYL CHLORIDE) (PVC), POLYURETHANE OR THEIR

EQUIVALENT. THE MAXIMUM WEIGHT SHALL BE 22 OZ/YD. THE COVER MATERIAL

SHALL HAVE A MINIMUM BREAK FORCE OF 325 LBS IN THE WARP DIRECTION AND

275 LBS IN THE FILL DIRECTION. MINIMUM TEAR STRENGTH IS 50 LBS. A

CERTIFICATE OF COMPLIANCE AND/OR LABORATORY TEST DATE SHALL ACCOMPANY OR

PRECEDE EACH SHIPMENT OF MATERIAL. FAILURE TO SUPPLY THESE DOCUMENTS

MAY BE CAUSE FOR REJECTION OF SHIPMENT. MATERIAL MUST BE COMPLIANT WITH

DFARS 252.255-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES. TEST

REPORTS ARE REQUIRED PER I.A.W.D.P.S.C.M. 4155.3. THIS MATERIAL WILL BE

USED ON CONTRACT: MIRP9G04820144

DJU6200008680 PAGE 5 OF 23

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

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

00005 FAB1451 6,000.000 YD 5000040718

M,43375,DUK,NYLON,OD-GRN,12.5OZ,58"W

M, 43375, DUCK, NYLON, OD-GRN. THEMAXIMUM WEIGHT OF THE FABRIC SHALL BE:

12.5 OZ. THE MAXIMUM WIDTH SHALL BE: 56" (+/-2). THE COVER MATERIAL

SHALL

HAVE A MINIMUM BREAK FORCE OF 800 LBS IN THE WARP DIRECTION AND 700 LBS

IN THE FILL DIRECTION. THE YARDS PER INCH SHALL HAVE A MINIMUM WARP OF

56 AND FILLING OF 28. THE AIR PERMEABILITY SHALL BE 3.0 A CERTIFICATE

OF COMPLIANCE AND/OR LABORATORY TEST DATE SHALL ACCOMPANY OR PRECEDE

EACH SHIPMENT OF MATERIAL. FAILURE TO SUPPLY THESE DOCUMENTS MAY BE

CAUSE FOR REJECTION OF SHIPMENT. MATERIAL MUST BE COMPLIANT WITH DFARS

252.255-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES. TEST REPORTS

ARE REQUIRED PER I.A.W.D.P.S.C.M. 4155.3. THIS MATERIAL WILL BE USED ON

CONTRACT: MIRP9G04820144

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

DJU6200008680 PAGE 6 OF 23

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

00006 FAB0084 60,000.000 YD 5000040718

MIL-C-7219, 65/45, TYPE 3, CLASS 5. DUK, NYLON, WOODLAND-CAMOUFLAGE,

7.25 OZ. THE COVER MATERIAL SHALL HAVE A MINIMUM BREAK FORCE OF 325 LBS

IN THE WARP DIRECTION AND 275 LBS IN THE FILL DIRECTION. MINIMUM TEAR

STRENGTH IS 20 IN THE WARP DIRECTION. 20 GRAMS IN THE FILLING

DIRECTION. THE MAXIMUM WIDTH SHALL BE 58" (+/- 2"). WATER RESISTANCE

SHALL BE: 90,90,80 A CERTIFICATE OF COMPLIANCE AND/OR LABORATORY TEST

DATE SHALL ACCOMPANY OR PRECEDE EACH SHIPMENT OF MATERIAL. FAILURE TO

SUPPLY THESE DOCUMENTS MAY BE CAUSE FOR REJECTION OF SHIPMENT. MATERIAL

MUST BE COMPLIANT WITH DFARS 252.255-7012 PREFERENCE FOR CERTAIN

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

4155.3. THIS MATERIAL WILL BE USED ON CONTRACT: MIRP9G04820144

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

00007 FAB0076 3,000.000 YD 5000040718

CLOTH,COATED-NYLON,POLYURETHANE

MIL-PRF-43906D, TYPE 1. THE BASE CLOTH SHALL BE COATED WITH NYLON POLY,

POLYURETHANE OR THEIR EQUIVALENT, DOUBLE-COATED, CG-483. THE MAXIMUM

WEIGHT SHALL BE 7.2 OZ/YD. THE MAXIMUM WIDTH SHALL BE 60" (+/-2"). THE

COVER MATERIAL SHALL HAVE A MINIMUM BREAK FORCE OF 120 LBS IN THE WARP

DIRECTION AND 85 LBS IN THE FILL

DIRECTION. MINIMUM TEAR STRENGTH IS 1,850 GRAMS IN THE WARP DIRECTION.

1,650 GRAMS IN THE FILLING DIRECTION. HYDROSTATIC RESISTANCE PSI SHALL

BE A MININUM OF 200 INITIAL; AFTER ACCELERATED WEATHERING: 150; AFTER

ABRASION: 150; AFTER STRENGTH OF COATING: 150; AFTER HIGH HUMIDITY: 150.

A CERTIFICATE OF COMPLIANCE AND/OR LABORATORY TEST DATE SHALL ACCOMPANY

OR PRECEDE EACH SHIPMENT OF MATERIAL. FAILURE TO SUPPLY THESE DOCUMENTS

MAY BE CAUSE FOR REJECTION OF SHIPMENT. MATERIAL MUST BE COMPLIANT WITH

DFARS 252.255-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES. TEST

REPORTS ARE REQUIRED PER I.A.W.D.P.S.C.M. 4155.3. THIS MATERIAL WILL BE

USED ON CONTRACT: MIRP9G04820144

PLEASE COMPLETE THE FOLLOWING:

MINIMUM BUY QUANTITY:__________________

DJU6200008680 PAGE 7 OF 23

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

ESTIMATED MANUFACTURING LEAD TIME:_____________

BASE YEAR PRICING:_____________

OPTION YEAR 1 PRICING:______________

OPTION YEAR 2 PRICING:______________

DJU6200008680 PAGE 8 OF 23

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is

CT2229-17 and this solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The 2012 North American

Industry Classification System code is 314910, Textile Bags & Canvas Mills. This requirement is 100% set-aside for small business; small business size standard for this solicitation is 500 employees. UNICOR, Federal Prison

Industries, Inc., intends to enter into a one (1) year base period with two (2) one-year options if exercised, firm-fixed-price Requirements type contract.

SEE SECTION B FOR THE LINE ITEM DESCRIPTION AND ESTIMATED QUANTITY

THE GOVERNMENT ANTICIPATES MULTIPLE AWARDS MAY BE MADE. ITEMS MAY BE AWARDED INDIVIDUALLY OR MORE THAN ONE ITEM MAY

BE AWARDED TO ONE OFFEROR.

Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.

ADDITIONAL INFORMATION pertaining to this solicitation:

ALL ITEMS ARE REQUIRED TO BE BERRY AMENDMENT COMPLIANT

THIS ITEM IS 100% USA DOMESTIC ONLY, MANUFACTURED ENTIRELY IN THE UNITED STATES OF AMERICA. THIS IS TO INCLUDE THE

RAW MATERIALS.

THE NON-MANUFACTURER RULE APPLIES - A RECIPIENT OF A CONTRACT SET-ASIDE FOR SMALL BUSINESS, IF OTHER THAN THE ACTUAL

MANUFACTURER, MUST PROVIDE THE PRODUCTS OF A SMALL BUSINESS.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the field contracting officer giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the

Contractor and as such, the Contractor will:

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or

iii) Grants special discounts to its best commercial customer (or category of

DJU6200008680 PAGE 9 OF 23

customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.

Future requirements for these or similar services or 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.

Packaging shall comply with the specifications of ASTM D-3951-98, standard practice for commercial packaging (if applicable).

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

Attn: Carla Coleman, Supervisory Operating Accountant

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

52.211-16, Variation in Quantity (APR 1984) of ten percent (10%) increase or ten percent (10%) decrease, applied to the quantity per line item in each delivery order.

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

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

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

Contracting Officer check as appropriate.

DJU6200008680 PAGE 10 OF 23

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

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5).

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31

U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

DJU6200008680 PAGE 11 OF 23

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

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

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). use only when setting aside for specific small businesses, (i.e. 8(a), Hubzone, Woman-Owned, etc.).

_x_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

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

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

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Sep 2016).

_x_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

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

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

DJU6200008680 PAGE 12 OF 23

the injunction.

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

__37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)(E.O.

13693)

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016)(E.O. 13693)

__ (40)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016)(E.O. 13693)

__ (46) 52.223-21, Foams (JUN 2016)(E.O. 13693)

__ (47) 52.224-3, Privacy Training (JAN 2017)(5 usc 552a).

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

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

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

DJU6200008680 PAGE 13 OF 23

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

3332).

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

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

__ (61)(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.

__(62)(i) 52.247-64, Preference for Privately Owned US Flag Commercial Vessels (FEB 2006)(46 USC Appx 1241(b) and 10

USC 2631).

__(ii) Alternate I (April 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) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

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

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and

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

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

DJU6200008680 PAGE 14 OF 23

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (E.O. 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 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 settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified WorWorkers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi)

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

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

DJU6200008680 PAGE 15 OF 23

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (E.O. 13658).

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

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

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

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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 (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 3 years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of "to be determined" for a single line item; (b)(1) max delivery order for a single item in excess of N/A; (b)(2) any order for a combination of items in excess of N/A each, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship.

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.

DJU6200008680 PAGE 16 OF 23

(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; provided that the Contractor shall not be required to make any deliveries under this contract after the determined lead time for each item after contract validity end date.

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 7 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice 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.

52.246-15, Certificate of Conformance (APR 1984)

With the original invoice, the vendor will furnish the original Certificate of Conformance that will be signed by the person who has certification authority with their title and position included.

A copy of this COC and the packing slip will accompany each shipment. The furnishing of the COC will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI.

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

Delivery shall be FOB destination to the following location:

UNICOR, Federal Prison Industries, Inc.

4200 Bureau Road North

Terre Haute, IN 47802

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 address.

___________www.acquisition.gov__________________

JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) TBD, QA Manager at TBD, telephone TBD, is hereby designated to act as Contracting Officer's Representative (COR) under this contract (b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

DJU6200008680 PAGE 17 OF 23

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.

DJU6200008680 PAGE 18 OF 23

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. 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, facsimile or electronically 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.

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 COR.

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.

PART III: PROVISIONS

52.211-2, Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JAN 2014)

(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, Phone 215-697-2667/2179, fax 214-697-1462

DJU6200008680 PAGE 19 OF 23

52.212-1, Instructions to Offerors - Commercial Items (JAN 2017)

52.212-2, Evaluation - Commercial Items (OCT 2014)

Significant evaluation factors are past performance, technical, and price. Past performance and technical factors are significantly more important than price.

The following factors will be combined to make up the "technical factors" in the preceding sentence:

Technical will consist of the following:

1. Conformance to Material Specifications as listed in Section B. Bid Samples and/or passing test reports may be requested before award.

2. Berry Amendment Certification/Completed Provision 52.215-6. Offerors that are not the manufacturer shall list the manufacturer's information in section b. Offeror must indicate items are manufactured domestically and providing the manufacturing company information if offeror is a non-manufacturer.

3. Anticipated Lead Time for each item. Items with shorter lead times will be considered more favorable.

4. Minimum Buy Quantity for each item. Items with smaller minimum buy quantities will be considered more favorable.

The following past performance factors will be combined to make up the overall past performance evaluation: a) quality of item supplied, b) on-time delivery, c) adherence to shipping instructions, d) customer service/business relations performance. Past performance that is similar or equal in scope will be considered more relevant to the agency. More relevant past performance will be considered performance with less risk potential to the agency. Ratings of More

Relevant, Relevant, or Less Relevant will be assigned to Past Performance.

The Government may make award without discussions; therefore, the offeror's initial offer should contain their best pricing. Award will be based on the best value to the Government considering the evaluation factors listed above.

Best value may be determined using tradeoffs among the evaluation factors, so that award may be made to other than the lowest-priced or highest technically-rated proposal.

52.212-3, Offeror…

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