6200008796.pdf

1. REQUSITION NUMBER

5000042492

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

CT2250-18

6. SOLICITATION ISSUE DATE

08/20/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tina Jeffrey

b. TELEPHONE NUMBER (No collect calls)

606-598-1900

8. OFFER DUE DT/LOCAL TIME

09/13/2018 2:00PM

9. ISSUED BY CODE

Butner Cut and Sew UNICOR FPI Butner (Cut and Sew Butner, NC 27509-0000

10. THIS AQUISITION IS

X UNRESTRICTED

SET ASIDE0 % FOR

SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

NAICS: 313210

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

X 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

DOC9

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

Butner Cut and Sew UNICOR FPI Butner (Cut and Sew Butner, NC 27509-0000

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

UNDETERMINED SOURCE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200008796

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

18a. PAYMENT WILL BE MADE BY CODE

UNICOR FPI Central Acct Payable

PO BOX 11849

LEXINGTON, KY 40578-1849,

USA

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

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE CT2250-18

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

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Tina Jeffrey 606-598-1900

31c. DATE SIGNED

08/20/2018

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD)

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42d. TOTAL CONTAINERS

15. DELIVER TO CODE

UNICOR FPI Butner (Cut and Sew) Old North Carolina Hwy 75

BUTNER, NC 27509-0000

USA

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.212

PAGE 1 OF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

Terms of delivery: DST

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

UNICOR - Federal Prison Industries, Inc.

BUTNER CUTTING CENTER

Old NC HWY 75

Butner, NC 27509

Solicitation is issued as a one (1) year base period with two (2) one-year options if exercised requirement types contract for NAICS 313210 (Broadwoven Fabric Mills).

SOLICITATION IS UNRESTRICTED.

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.

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

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Tina.Jeffery@usdoj.gov. 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 initial delivery order. Delivery orders will be issued in accordance with 52.216-19.

PLEASE REVIEW PART IV, PROPOSAL SUBMISSION REQUIREMENTS, CAREFULLY. ALL REQUIRED DOCUMENTATION MUST BE RECEIVED FOR

OFFER TO BE CONSIDERED RESPONSIBLE.

Vendors shall submit signed and dated offers by overnight delivery (FedEx, UPS, etc.). Any of the overnight delivery carriers will be accepted with delivery to:

FCI Manchester, UNICOR Warehouse

805 Fox Hollow Road

Manchester, KY 40962

Attn: Tina Jeffery

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 logistical considerations, do not send offers via U.S. mail. Offers shall be submitted on the SF1449. OMB

Clearance 1103-0018.

DJU6200008796 PAGE 2 OF 23

Request For Quote

The date and time for receipt of proposals is SEPTEMBER 13, 2018, at 2:00 PM EST. Offer must indicate Solicitation

No. CT2250-18, 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.

The offer period for this acquisition is 90 days. Offerors agree to hold firm all price offers for 90 days from offer due date.

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 (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

Signature

The Administrative Contracting officer is Tina Jeffery at Tina.Jeffery@usdoj.gov.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

DJU6200008796 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

00001 FAB0625 500,000.000 YD 5000042492

100%POLY,MICRO,DENIER,BLACK

UNICOR PART: FAB0625

ADJECTIVE: 100% POLYESTER MICRO DENIER

COLOR: BLACK 557

DESCRIPTION: FABRIC

U/M: YARD

THE BASIC MATERIAL FOR THE TRUNKS SHALL BE BLACK, PLAIN WEAVE, 100%

MICRO DENIER, JET DEYED, WITH A SAND WASHED FINISH AND SHALL BE

ENGINEERED WITH A DURABLE MOISTURE MANAGEMENT FINISH (OR EQUIVALENT).

THE MATERIAL SHALL CONFORM TO THE

REQUIREMENTS IN TABLE 1 OF SECTION 3.3.1

WEIGHT (OZ/SQ YD): 2.7+/-0.3 IAW ASTM-D3776

YARNS PER INCH (MIN): 121 (WARP) 82 (FILLING) IAW ASTM-D3775

TEAR STRENGTH (LBS.), (MIN) 2.0 (WARP) 4.0(FILL) IAW ASTM- D1424

BREAKING STRENGTH (LBS/MIN): 90 (WARP) 155 (FILLING) IAW ASTM-D5034

DIMENSIONAL STABILITY (MAX): 2.0% (WARP) 1.0% (FILLING)

TABLE I METHOD 3, V, iii

COLORFASTNESS (MIN):

LAUNDERING 3-4 IAW AATCC-61

LIGHT (170 KJ OR 40HRS) 3-4 IAW AATCC-16.3

CROCKING (WET/DRY) 3.5/3.5 IAW AATCC-8

PERSPIRATION (ALKALINE/ACID) 3.4/3.4 IAW AATCC-15

BASE YEAR PERIOD

QTY IS ESTIMATE ONLY

DJU6200008796 PAGE 4 OF 23

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

00002 FAB0625 500,000.000 YD 5000042492

100%POLY,MICRO,DENIER,BLACK

UNICOR PART: FAB0625

ADJECTIVE: 100% POLYESTER MICRO DENIER

COLOR: BLACK 557

DESCRIPTION: FABRIC

U/M: YARD

THE BASIC MATERIAL FOR THE TRUNKS SHALL BE BLACK, PLAIN WEAVE, 100%

MICRO DENIER, JET DEYED, WITH A SAND WASHED FINISH AND SHALL BE

ENGINEERED WITH A DURABLE MOISTURE MANAGEMENT FINISH (OR EQUIVALENT).

THE MATERIAL SHALL CONFORM TO THE

REQUIREMENTS IN TABLE 1 OF SECTION 3.3.1

WEIGHT (OZ/SQ YD): 2.7+/-0.3 IAW ASTM-D3776

YARNS PER INCH (MIN): 121 (WARP) 82 (FILLING) IAW ASTM-D3775

TEAR STRENGTH (LBS.), (MIN) 2.0 (WARP) 4.0(FILL) IAW ASTM- D1424

BREAKING STRENGTH (LBS/MIN): 90 (WARP) 155 (FILLING) IAW ASTM-D5034

DIMENSIONAL STABILITY (MAX): 2.0% (WARP) 1.0% (FILLING)

TABLE I METHOD 3, V, iii

COLORFASTNESS (MIN):

LAUNDERING 3-4 IAW AATCC-61

LIGHT (170 KJ OR 40HRS) 3-4 IAW AATCC-16.3

CROCKING (WET/DRY) 3.5/3.5 IAW AATCC-8

PERSPIRATION (ALKALINE/ACID) 3.4/3.4 IAW AATCC-15

OPTION YEAR 1

QTY IS ESTIMATE ONLY

DJU6200008796 PAGE 5 OF 23

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

00003 FAB0625 500,000.000 YD 5000042492

100%POLY,MICRO,DENIER,BLACK

UNICOR PART: FAB0625

ADJECTIVE: 100% POLYESTER MICRO DENIER

COLOR: BLACK 557

DESCRIPTION: FABRIC

U/M: YARD

THE BASIC MATERIAL FOR THE TRUNKS SHALL BE BLACK, PLAIN WEAVE, 100%

MICRO DENIER, JET DEYED, WITH A SAND WASHED FINISH AND SHALL BE

ENGINEERED WITH A DURABLE MOISTURE MANAGEMENT FINISH (OR EQUIVALENT).

THE MATERIAL SHALL CONFORM TO THE

REQUIREMENTS IN TABLE 1 OF SECTION 3.3.1

WEIGHT (OZ/SQ YD): 2.7+/-0.3 IAW ASTM-D3776

YARNS PER INCH (MIN): 121 (WARP) 82 (FILLING) IAW ASTM-D3775

TEAR STRENGTH (LBS.), (MIN) 2.0 (WARP) 4.0(FILL) IAW ASTM- D1424

BREAKING STRENGTH (LBS/MIN): 90 (WARP) 155 (FILLING) IAW ASTM-D5034

DIMENSIONAL STABILITY (MAX): 2.0% (WARP) 1.0% (FILLING)

TABLE I METHOD 3, V, iii

COLORFASTNESS (MIN):

LAUNDERING 3-4 IAW AATCC-61

LIGHT (170 KJ OR 40HRS) 3-4 IAW AATCC-16.3

CROCKING (WET/DRY) 3.5/3.5 IAW AATCC-8

PERSPIRATION (ALKALINE/ACID) 3.4/3.4 IAW AATCC-15

OPTION YEAR 2

QTY IS ESTIMATE ONLY

DJU6200008796 PAGE 6 OF 23

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13.5 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

CT2250-18 and this solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99. The 2012 North American

Industry Classification System code is 313210, Broadwoven Fabric Mills. UNICOR, Federal Prison Industries, intends to enter into a one-year base period with two (2) one-year option periods if exercised firm-fixed price Requirements type contract.

SEE SECTION B FOR THE LINE ITEM DESCRIPTIONS AND ESTIMATED QUANTITIES.

The estimated Quantity/Not to Exceed Quantity for the life of the contract is 1,500,000 yards.

ALL LINE ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON ALL LINE ITEMS WILL PREVENT AN OFFER

FROM BEING CONSIDERED FOR AWARD.

The offer period for this acquisition is 90 days. Offerors agree to hold firm all price offers for 90 days from the proposal closing date.

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

ADDITIONAL INFORMATION pertaining to this solicitation:

THIS REQUIREMENT IS DOMESTIC U.S.A. ONLY. MATERIAL FURNISHED UNDER THIS CONTRACT MUST BE BERRY AMENDMENT COMPLIANT.

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 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

DJU6200008796 PAGE 7 OF 23

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:

accountspayable@central.unicor.gov

ADDITIONAL INFORMATION:

CONSIGNMENT INVENTORY IS REQUIRED.

Consignment is to be held in Butner, NC, at 40,000 yards.

Consignment inventory shall be built and maintained for stock no later than 90 days after effective date of contract.

The consignment will be maintained at this level until advised in writing by UNICOR to reduce it.

Consignment quantity levels may be changed by +/- 25% for each item upon 30 day notice via contract modification to the supplier. Consignment inventories may be adjusted throughout the contract period due to factory load. These changes will be done at the factory level by the contracting officer under advisement of factory staff. The contractor will be notified 30 days prior to the effective date of the inventory change.

The consignment quantity is wwaived for the last month of the contract. At contract end, UNICOR will purchase all remaining inventory in consignment within 60 days.

A physical inventory will be conducted by UNICOR personnel and/or by the consignment supplier bi-annually on all consignment inventories.

INVOICING PROCEDURES FOR CONSIGNMENT INVENTORY

Central Accounts Payable (CAP) will pull reports for consignment stock used on the first work day of each week for the usage the previous week. This report, containing the listing of material, quantity, and price will be emailed to supplier's point of contact. Supplier will invoice against this usage report and send invoice to CAP.

DJU6200008796 PAGE 8 OF 23

PART II: FAR CLAUSES

52.204-7, System for Award Management (JUL 2013)

52.211-15, Defense Priority and Allocation Requirements (APR 2008) This order is rated as DOC9.

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 2018)

(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.

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

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

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

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

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

_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).

DJU6200008796 PAGE 9 OF 23

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

2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

_x_ (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 Re-representation (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)).

DJU6200008796 PAGE 10 OF 23

__ (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).

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

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

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

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

22.1803.)

__(35)(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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)(E.O.

13693)

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016)(E.O. 13693)

__ (38)(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.

__ (39)(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.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

DJU6200008796 PAGE 11 OF 23

__ (43) 52.223-20, Aerosols (JUN 2016)(E.O. 13693)

__ (44) 52.223-21, Foams (JUN 2016)(E.O. 13693)

__ (45) 52.224-3, Privacy Training (JAN 2017)(5 usc 552a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (49) 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).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

_x_ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

DJU6200008796 PAGE 12 OF 23

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).

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)(section

DJU6200008796 PAGE 13 OF 23

743 of Division E, Title Vii, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub L 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

(xii)

__(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).

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

(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).

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

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

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

(xviii)(A) 52.224-3, Privacy Training (Jan 2017)(5 USC 552a).

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

(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 20,000 YD for a single line item; (b)(1) max delivery order for a single item in excess of 100,000 YD; (b)(2) any order for a combination of items in excess of

N/A, 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 N/A 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)

DJU6200008796 PAGE 14 OF 23

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.

(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 30 calendar days after contract validity end date.

52.217-7, Option for Increased Quantity - Separately Priced Line Item (MAR 1989)

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 15 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.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.229-3, Federal, State, and Local Taxes (FEB 2013)

52.232-18, Availability of Funds (APR 1984)

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.

DJU6200008796 PAGE 15 OF 23

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.

Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order. The Awardee's Certificate of Conformance shall only be signed by the individual who is the Awardee's authorized Quality Representative, or acting Quality Representative.

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

Delivery shall be FOB destination to the following location:

UNICOR, Federal Prison Industries

Butner Cutting Center

Old NC HWY 75

Butner, NC 27509

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__________________

FPI 1000E1, Identification of Qualified Laboratory and Source Sampling Source Selection

FPI 1000E1 Identification of Qualified Laboratory and Source Sampling Source Selection

Reference FAR Clause 52.246 INSPECTION OF SUPPLIES FIXED (AUG 1996), paragraph (i) (1) AND (2), inspection of material to source sampling, the following clause titled: IDENTIFICATION OF QUALIFIED LABORATORY AND SOURCE SAMPLING is hereby incorporated into and made a part of this contract:

(a) The awardee shall indicate in paragraph (e) below the name and address of the laboratory or laboratories where components or end items will be tested during the course of any resultant contract. A Qualified

Laboratories List (QLL) is available through the Commander, DPSC, 2800 South 20th Street, Philadelphia, PA 19101, ATTN: DPSCPOL. Any laboratory proposed by the contractor not on the QLL is subject to the approval of the Contracting

Officer.

(b) The Government QAR will cut samples from a lot at the textile component source and send them for testing to the Qualified Laboratory (QL) cited below. (The acceptability of each lot will be determined through the testing of these samples). In addition, the QAR will simultaneously cut samples from the same rolls of material and send them to the DPSC Laboratory. For end items, duplicate samples will be drawn. Source sampling procedures are detailed further in DPSC Manual, Quality Systems Requirement, 4155.3, which is incorporated by reference.

(c) The prime contractor will notify the DPSC Laboratory in writing at least ten (10) days in advance when lots are to be presented to allow Government witnessing of QL testing. If the Government intends to witness testing, a representative from the DPSC laboratory will notify the QL. In the absence of Government notification, testing should proceed as scheduled.

(d) If a laboratory is removed from the QLL during the course of a contract, DPSC will perform the required testing for up to 30 calendar days from the date of removal. The contractor is responsible for securing the services of another QL during this period. The charge for testing will be the DPSC Laboratory's effective cost rate on the date of testing.

DJU6200008796 PAGE 16 OF 23

(e) Any change in the laboratory (laboratories) specified below is prohibited unless approved in advance by the Contracting Officer:

NAME AND ADDRESS OF LABORATORY: _______________________

COMPONENT IDENTIFY: ___________________________________

NAME AND ADDRESS COMPONENT SOURCE: ____________________

When a single lot of material requires testing by more than one laboratory for difference characteristics, list the name of the secondary laboratory and test characteristics below:

NAME AND ADDRESS OF LABORATORY: __________________________

COMPONENT IDENTIFY: ______________________________________

TEST CHARACTERISTICS: ____________________________________

(f) It is solely the prime contractor's responsibility to schedule QL testing and to obtain test reports.

The cost of QL testing shall also be borne by the prime contractor.

(g) Shipment of component materials to the prime concontractor need not be deferred pending test results except when shade approval is required (see paragraph (h)). Cutting production lots without a passing QL test report on the corresponding samples is done at the contractor's own risk.

(h) Shade evaluation is acceptance testing. Therefore, component lots may not be shipped to the prime contractor until the DPSC Laboratory accepts the shade of the material.

DPSCM 4155.3 TOXICITY REQUIREMENT - The contractor is responsible and must assure that all components are made from non-toxic materials. The government reserves the right to verify that components are non-toxic in accordance with the following:

1. Title 40, Code of Federal Regulations, 1994 Edition

Section 798.4100 Dermal Sensitization

Section 798.44700 Primary Dermal Irritation

Section 798.4500 Primary Eye Irritation Marzulli, F. & H. Maibach, Contact Allergy: Predictive Testing in

DJU6200008796 PAGE 17 OF 23

Humans, Advances in Modern Toxicology, Volume 4, pp 353-372, 1977

2. As an alternative to animal and human testing, the contractor may provide information which certifies that components are composed of chemicals and/or materials which have been safely used commercially where prolonged skin contact has occurred.

APPROVED FINISHES: The government is no longer responsible for publication of the list of approved finishes for textile goods. The contractor is responsible for assuring that chemical substances used to finish textile goods are non-toxic in accordance with the above provisions. All chemical finishes previously approved by the government for textile items do not require recertification of approval for use. Any substances not previously approved by the government or significant changes in existing products shall require verification testing by the U.S. Army Testing

Command, Aberdeen Proving Grounds, Edgewood, MD. All finishes shall be identified and accompanied by the appropriate

Material Safety Data Sheet (MSDS) information/EPA rating to verify compliance with the paragraph above before use.

52.246-1 Contractor Inspection Requirements. (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contracts specifications, except for specialized inspections or tests specified to be performed solely by the Government.

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

(a) 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.

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.

DJU6200008796 PAGE 18 OF 23

(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 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:

DJU6200008796 PAGE 19 OF 23

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

D…