1449.pdf
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- Various Cord and Drawstring
- Solicitation number
- CT2382-26
About this file
This is a Request for Proposals (RFP) for commercial items issued by the Federal Bureau of Prisons (UNICOR/Federal Prison Industries, Inc.) to procure various cords and drawstrings for use across multiple prison facilities.
The solicitation (CT2382-26) is structured as a one base year plus four option year indefinite delivery-indefinite quantity (IDIQ) contract. The requirement is classified as a small business set-aside. Offerors must be registered in the System for Award Management (SAM) prior to award. The solicitation includes 17 line items covering various types of cords, braids, elastic cord, nylon rope, drawstrings, and finished APFU (Army Physical Fitness Uniform) drawstrings, with estimated quantities ranging from 35,000 to 8,725,000 feet or yards depending on the item. Guaranteed minimum quantities are 1,000 yards for lines 1-3 and 9-13, 1,000 feet for lines 4-8, and 100 each for lines 14-17, with estimated not-to-exceed quantities of 3,070,000 yards, 15,475,000 feet, and 406,000 each respectively for the life of the contract. All material must be Berry Amendment compliant, domestically produced (USA only), and compliant with DFARS 252.225-7012 regarding preference for certain domestic commodities. Delivery is FOB destination to eight UNICOR facilities across multiple states (Mississippi, New Jersey, Kentucky, South Carolina, Indiana, Colorado, and Arizona), with the desired delivery timeframe of 45 days or sooner after issuance of each delivery order. The offer due date is Friday, April 3, 2026, at 2:00 PM CST. Proposals must be submitted via email to harley.jacobson2@usdoj.gov, and offerors must hold prices firm for 60 calendar days from the receipt date. The North American Industry Classification System (NAICS) code is 314994 with a small business size standard of 1,000 employees. This is a DO-C9 rated order under the Defense Priorities and Allocations System (DPAS). The government may award multiple contracts to two or more sources. All materials must include Certificates of Conformance and physical test results with each shipment, and the non-manufacturer rule applies, requiring that recipients of small business set-aside contracts provide products of a small business concern.
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Other files
| File | Type | Posted |
|---|---|---|
| CT2382-26 Solicitation Questions -Cord.pdf | ||
| UNICORACH.pdf | ||
| Credit Release Authorization.pdf | ||
| Business_Mgmt_Quest_.pdf |
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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. 2/2012)
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
Coll. No.
8 (A)
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
CT238226
Harley Jacobson
COCO 100
DOC9
COCO
391014499
UNDETERMINED SOURCE
NA BLANK
WASHINGTON DC 20534
UNICOR FPI CENTRAL ACCOUNTS PAYABLE
PO BOX 11849
LEXINGTON, KY 40578-1849
1620000342 See Section B
UNICOR FUNDS 15X4500 FUNDS SHALL BE OBLIGATED BY INDIVIDUAL DELIVERY ORDERS AND NOT BY THE CONTRACT ITSELF
Harley Jacobson
X
314994
03/06/2026
04/03/2026
2:00 PM
COCO
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
03/06/2026
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
500 Emp
Solicitation: 1620000342 Page 1 of 70
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO: UNICOR, Federal Prison Industries, Inc.
YAZOO CUT AND SEW - LOW
2225 HALEY BARBOUR PKWY
YAZOO CITY, MS
39194-4796
FORT DIX CUT AND SEW
5835 HARTFORD RD
JOINT BASE MDL, NJ
08640
MANCHESTER CUT AND SEW
805 FOX HOLLOW RD
MANCHESTER, KY
40962-7923
WILLIAMSBURG CUT AND SEW
8301 HIGHWAY 521
SALTERS, SC
29590
TERRE HAUTE TEXTILE MILL
4200 BUREAU RD N
TERRE HAUTE, IN
47802-8128
ENGLEWOOD CUT AND SEW
9595 W QUINCY AVE
LITTLETON, CO
80123-1159
MIAMI CUT AND SEW
15801 SW 137TH AVE
MIAMI, FL
33177-1209
SAFFORD CUT AND SEW
1529 WEST U.S. HWY 366
SAFFORD, AZ
85546
Solicitation is issued as a one base plus four option year indefinite delivery-indefinite quantity type contract with an
Solicitation: 1620000342 Page 2 of 70
Economic Price Adjustment for NAICS 314994 - Rope, Cordage, Twine, Tire Cord, and Tire Fabric Mills.
PPI #PCU314994314994
Offerors who do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers. The index submitted will be evaluated and changed by amendment to the solicitation if necessary.
SOLICITATION IS SMALL BUSINESS SET-ASIDE.
FABRIC MUST BE BERRY AMENDMENT COMPLIANT, DOMESTIC USA ONLY. NO
FOREIGN ITEMS OR COMPONENTS ARE ACCEPTABLE. FABRIC MUST BE
COMPLIANT WITH DFARS 252.225-7012, PREFERENCE FOR CERTAIN
DOMESTIC COMMODITIES.
NON-MANUFACTURER RULE APPLIES: A recipient of a contract set-aside for small business, other than the actual manufacturer or processor, must provide the products of a small business.
The government reserves the right to request bid samples (FAR 14.205) from all offerors in a competitive range prior to a contract award or request a sample from the awardee after contract award.
Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.
For a list, description and total estimated quantities of all items, refer to Section B.
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED
IN WRITING VIA EMAIL TO: harley.jacobson2@usdoj.gov. NO PHONE CALLS PLEASE. DEADLINE FOR ALL QUESTIONS IS March 27, 2026
EMAILED PROPOSALS WILL BE ACCEPTED. However, it is the offeror's responsibility to confirm receipt of offer. Email address is harley.jacobson2@usdoj.gov.
Solicitation: 1620000342
Due to logistics and security, do not send offers via U.S. mail.
This is a Rated Order DO-C9 requirement.
UNICOR's desired delivery is 45 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.
INITIAL DELIVERY______________
SUBSEQUENT DELIVERY___________
The date and time for receipt of proposals is Friday, April 3, at 2:00 PM CST. Offer must indicate Solicitation No. CT2382-26, 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 FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE
OFFEROR:
VENDOR'S Unique Entity Identifier (UEI): _______________________
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 prior to award, during performance, and through final payment of any contract resulting from this solicitation.
Signature
The Administrative Contracting Officer is Harley Jacobson at harley.jacobson2@usdoj.gov mailto:adam.mccammack2@usdoj.gov
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICE Quantity U/M UNIT PRICE AMOUNT IN US$ Delivery Date
00001 CRD0020 80,000 YD 03/25/2027
FLAT-CORD,MIL-C-5040,TY-IIA,TAN-499
UNICOR PART NUMBER: CRD0020
DESCRIPTION: 3" Flat Cord
SPEC: MIL-C-5040 Type-IIA
TYPE: IIA
CLASS: 1
SIZE: 3"
COLOR: TAN 499
UNIT OF MEASURE: YD
I.A.W.: CO-PD-02-02M 5, April 2019 PAR 3.7.11.16
Certificate of Conformance and Test Results are required. Material must be compliant with DFARS 252.225-7012.
THIS MATERIAL WILL BE USED ON CONTRACT:__________________
00002 CRD0037 150,000 YD 03/25/2027
CORD,ELASTIC,ROUND,1/8",POLY,TAN-499
VENDOR: HOPE GLOBAL
STYLE-2831, ELASTIC ROUND CORD TAN -499
SIZE: 1/8" ELONGATION 120%
WEIGHT PER LINEAR YARD: 0.2 OUNCES (MAX)
PICKS PER INCH: 60 (MIN)
NUMBER OF CARRIERS: 16 (MIN);
ENDS PER CARRIER: 1
ELASTIC STRANDS: 12 (MIN);
YARN COVER: POLYESTER
00003 CRD0068 900,000 YD 03/25/2027
BRAID,TUBULAR,CTT,9/16"DIA,BLACK
UNICOR PART:
DESCRIPTION: BRAID, TUBULAR
MATERIAL: COTTON, POLYESTER OR COTTON/POLYESTER
SIZE: 1/4" IN WIDTH
COLOR: BLACK
U/M: FT
THE DRAW CORD SHALL BE FLAT BRAID IN TUBULAR CONSTRUCTION, COTTON,
POLYESTER,
OR POLYESTER/ COTTON, BLACK IN COLOR AND 1/4" (+/- 1/32) INCH IN WIDTH,
WITH
FINISHED ENDS TO PREVENT RAVELING. THE DRAWCORD SHALL BE TIED IN A KNOT
APPROXIMATELY
1-INCH FROM THE END TO PREVENT THE BARREL LOCK FROM COMING OFF. DRAW
CORD LENGTHS SHALL
BE IN ACCORDANCE WITH TABLE IV.
X-SMALL/SMALL 50"
MED-LARGE 56"
X-LARGE- XX-LARGE 62"
XXX LARGE 65"
MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012 PREFERENCE FOR
CERTAIN DOMESTIC COMMODITIES
CERTIFICATES OF COMPLIANCE REQUIRED WITH EACH SHIPMENT
TEST REPORTS ARE REQUIRED PER I.A.W. D.P.S.C.M. 4155.3
00004 CRD0114 750,000 FT 03/25/2027
CORD,NYL-ELASTIC,3/16",BLACK*
IAW: MIL-C-43701B
TYPE: II
COLOR: BLACK
SIZE: 3/16" DIAMETER
PUT UP SHALL BE 144 (+/- 2) YARD ROLLS.
00005 CRD0117 566,666.667 YD 03/25/2027
ELASTIC-CORD,TAN499*
ELASTIC-CORD,TAN499*
UNICOR PART#: CRD0117
MATERIAL: NYLON ELASTIC
TYPE: II(LACING CORD)
DIAMETER: 3/16"
COLOR: TAN 499
U/M: FEET
I.A.W.. MIL-C-43701B
I.A.W.: END ITEM SPEC.GL/PD-06-17(G3ECW/WW)
CERTIFICATE OF CONFORMANCE AND PASSING TEST REPORTS ARE REQUIRED WITH
EACH SHIPMENT I.A.W.:D.P.S.C.M. 4155.3
BERRY AMENDMENT CERTIFICATE REQUIRED: #MATERIAL MUST BE COMPLIANT WITH
DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.# BERRY
CERTIFICATE MUST INCLUDE A SPECIFIC REFERENCE FOR ANY COMPONENT
CONTAINING A RAW MATERIAL THAT HAS BEEN DEEMED #NON AVAILABLE# OR IS
COVERED UNDER A DNAD. SEE: FAR 25.103 AND 25.104
THIS MATERIAL WILL BE USED ON CONTRACT:__________________
SPECIFICATION:_______________
00006 CRD0157 1,450,000 FT 03/25/2027
ROPE,NYLON,3/8"DIA,
IN ACCORDANCE WITH:MIL-R-17343D
TYPE:NYLON
SIZE:1-1/8"(29MM)CIRCUMFERENCE,(3/8"DIAMETER)
NYLON ROPE, 1-1/8 INCH CIRCUMFERENCE , CONFORMING TO ALL
CORRESPONDING REQUIREMENTS OF MIL-R-17343D, TABLE II - PHYSICAL
PROPERTIES.
THE ORGINAL CERTIFICATE OF COMPLIANCE SHALL CONTAIN THE TITLE AND
POSITION OF THE PERSON WHO HAS CERRTIFICATION AUTHORITY FOR THE
COMPANY.
A COPY OF THE CERTIFICATE OF COMPLIANCE AND PACKING SLIP SHALL ACCOMPANY
EACH SHIPMENT. THE FURNISHING OF CERTIFICATE OF COMPLIANCE SHALL BE A
CONDITION OF ACCEPTANCE.
CLAUSE (C). (TEST REPORT ON COMPONENT) SHALL APPLY: INSPECTION AND
ACCEPTANCE SHALL BE AT DESTINATION BY UNICOR FEDERAL PRISON INDUSTRIES.
A TEST REPORT MUST BE FURNISHED TO UNICOR, FEDERAL PRISON INDUSTRIES
HAVING THE SAME FORMAT AS SHOWN IN EXHIBIT "B" OF DPSCM 4155.3. THE
PORTION RELATING TO CONTRACTOR WILL BE COMPLETED BY THE QUALITY
ASSURANCE MANAGER AT UNICOR FEDERAL PRISON INDUSTRIES. THE ORIGINAL
TEST REPORT SHALL BE FURNISHED WITH THE ORIGINAL INVOICE. A COPY OF THE
TEST REPORT AND PACKING SLIP SHALL ACCOMPANY EACH SHIPMENT. THE
FURNISHING OF TEXT REPORT SHALL BE CONDITION OF ACCEPTANCE AT
DESTINATION.
00007 CRD0160 8,725,000 FT 03/25/2027
DRAWSTRING,NATURAL/GREEN*
NA,NA,CTT,25#,NAT,NA
THREAD,COTTON,TABLE-V,TYIVA,#8,7PLY,LEFT
TWIST,COLOR:NATURAL OR GREEN,MANUFACTURED TO MIL
SPEC A-A-52094. PUT UP IN 2 POUNDS CONES
UNICOR PART NUMBER: CRD0160
DESCRIPTION: DRAWSTRING
MATERIAL: COTTON
TABLE-V
TYPE: IVA
PLY: 7
MIL SPEC: A-A-52094
COLOR: NATURAL OR GREEN
UNIT/MEASURE: CJ.
00008 CRD0214 2,850,000 FT 03/25/2027
BRAID,TUBULAR,CTT,3/16"DIA,O/DGREEN
BRAID, TUBULAR, POLY/CTT, 3/16" DIA, OLIVE GREEN*BRAID, TUBULAR,
POLYESTER AND OR COTTON, 3/16" DIAMETER, OLIVE GREEN*
VERIFIED PER: CR/PD 05-05 DATED JULY 26, 2005
THE DYED CORD SHALL HAVE A MINIMUM RATING OF "4" FOR COLORFASTNESS TO
LIGHT,
LAUNDERING (AFTER 3 WASH <(>&<)> DRY CYCLES) AND CROCKING WHEN TESTED IN
ACCORDANCE
WITH AATCC-16, AATCC-61-TEST 3A AND AATCC-8 RESPECTIVELY. MINIMUM
BREAKING STENGTH
OF 75 POUNDS WHEN TESTED BY ASTM-D-5034. THE SPECIMEN MUST BE DRIED
AFTER EACH OF THE 3 LAUNDERING CYCLES. THE SOAP SOLUTION SHALL CONTAIN
0.5 PERCENT
BY WEIGHT, P-D-245, DETERGENT, LAUNDRY AND HAND DISHWASHING (GRANULAR)
TYPE II
IN WATER HARDNESS NOT OVER 50 PARTS PER MILLION. THE WEIGHT OF THE
SPECIMEN SHALL
BE 4.0 +/- 0.5 GRAMS AND THE ROTATING TIME SHALL BE 30 MINUTES WITH TEN
STAINLESS STEEL
BALLS IN EACH CYLINDER.
UNICOR PART: CRD0214
DESCRIPTION: BRAID, TUBULAR
MATERIAL: POLYESTER AND OR COTTON
SIZE: 3/16" DIAMETER
COLOR: OLIVE DRAB
U/M: FT
M/L: CR/PD 05-05 DATED JULY 26, 2005
MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012 PREFERENCE FOR
CERTAIN DOMESTIC COMMODITIES
CERTIFICATES OF COMPLIANCE REQUIRED WITH EACH SHIPMENT
TEST REPORTS ARE REQUIRED PER I.A.W. D.P.S.C.M. 4155.3
THIS MATERIAL TO BE USED ON CONTRACT SPM-1C1-09-D-F022
00009 CRD0219 340,000 YD 03/25/2027
DRAWCORD,100%-POLY/YARN,1/4",LIGHT-GREY*
LENGTH 45-65". MIL-S-44215(A)GL <(>&<)>
MIL-S-44212(A)GL
UNICOR PART #: CRD0219
DESCRIPTION: CORD
MATERIAL: 100% CONTINUOUS FILAMENT
TEXTURIZED POLYESTER YARN, 150 DENIER,
SPECIFICATION: MIL-S-44212(A)GL <(>&<)>
MIL-S-44215(A)GL AND AMENDMENT 1 DATED
MAY 1, 1995. SHALL SHOW "GOOD"
COLORFASTNESS TO LAUNDERING.
UNIT OF MEASURE: YD
A CERTIFICATE OF CONFORMANCE AND TEST
DATA MUST ACCOMPANY OR PRECEDE EACH
SHIPMENT OF MATERIAL. FAILURE TO SUPPLY
THESE DOCUMENTS SHALL BE CAUSE FOR
REJECTION OF SHIPMENT.
00010 CRD0499TN 50,000 YD 03/25/2027
CORD,NYLON,ROUND,1/8",PLAIN,TAN499
DESCRIPTION: NYLON ROUND CORD 1/8 - INCH WIDE IN TAN-499 COLOR
UNICOR PART: CRD0499TN
COLOR: PLAIN TAN 499
SIZE: 1/8 INCH WIDE
UOM: YD
IAW: PARA. 3.3.4 OF GL-PD-22-10
BERRY AMENDMENT AND CERTIFICATE OF CONFORMANCE REQUIRED WITH SHIPMENT
00011 CRD1024 450,000 YD 03/25/2027
ELASTIC-CORD,BLACK,1/8"DIAMETER
UNICOR PART #: CRD1024
BLACK ELASTIC DRAW CORD 1/8 (+ 1/32, - 0) INCH DIAMETER
ELASTIC CORD PROPERTIES:
WEIGHT: .20 OZ/LINER YARD
ELONGATION: 120% (+/- 10%)
55 PICKS / INCH MINIMUM
16 CARRIER - 12 ELASTIC STRANDS MINIMUM <(>&<)> POLYESTER COVER YARN.
COLOR: BLACK
U/M: YARD
FACTORY WILL CUT TO LENGTHS AS SPECIFIED IN:
GL-PD 13-04A TABLE III (APFU JACKET UNISEX)
GL-PD 13-08A TABLE III (APFU JACKET FEMALE)
ENDS SHALL BE HEAT CUT TO PREVENT RAVELING
IAW: 3.4.6 OF GL/PD 13-04A - APFU JACKET UNISEX
IAW: 3.4.6 OF GL/PD 13-08A - APFU JACKET FEMALE
MUST BE COMPLIANT WITH DFARS 525,225-7012,
PREFERANCE FOR CERTAIN DOMESTIC COMODITIES
"CERTIFICATE OF CONFORMANCE REQUIRED"
00012 CRD1024 450,000 YD 03/25/2027
ELASTIC-CORD,BLACK,1/8"DIAMETER
UNICOR PART #: CRD1024
BLACK ELASTIC DRAW CORD 1/8 (+ 1/32, - 0) INCH DIAMETER
ELASTIC CORD PROPERTIES:
WEIGHT: .20 OZ/LINER YARD
ELONGATION: 120% (+/- 10%)
55 PICKS / INCH MINIMUM
16 CARRIER - 12 ELASTIC STRANDS MINIMUM <(>&<)> POLYESTER COVER YARN.
COLOR: BLACK
U/M: YARD
FACTORY WILL CUT TO LENGTHS AS SPECIFIED IN:
GL-PD 13-04A TABLE III (APFU JACKET UNISEX)
GL-PD 13-08A TABLE III (APFU JACKET FEMALE)
ENDS SHALL BE HEAT CUT TO PREVENT RAVELING
IAW: 3.4.6 OF GL/PD 13-04A - APFU JACKET UNISEX
IAW: 3.4.6 OF GL/PD 13-08A - APFU JACKET FEMALE
MUST BE COMPLIANT WITH DFARS 525,225-7012,
PREFERANCE FOR CERTAIN DOMESTIC COMODITIES
"CERTIFICATE OF CONFORMANCE REQUIRED"
00013 CRD1064TN 650,000 YD 03/25/2027
ELASTIC-CORD,1/8",TAN-499,YD
ELASTIC-CORD, 1/8", TAN-499
UNICOR PART #: CRD1064TN
DESCRIPTION: 1/8" WIDTH (+ 1/32", - 0") ELASTIC CORD
ELONGATION: CONFORMING TO ELONGATION 120% (+ OR - 10%)
WEIGHT: 0.2 - OUNCES (MAX) PER LINEAR YARD
PICKS PER INCH: 60 (MIN)
CARRIERS: 16
END PER CARRIER: 1
NUMBER OF ELASTIC STRANDS: 12 (MIN)
COVER YARN, POLYESTER.
COLOR: TAN 499
U/M: YARD
I.A.W. PARA. 3.6.5 AND TESTED AS SPECIFIED IN 4.5 TABLE VII "ELASTIC
CORD" OF GL/PD 06-04B.
1) MATERIAL MUST BE COMPLIANT WITH DFARS 252.225.7012 PREFERENCE FOR
CERTAIN DOMESTIC COMMODITIES.
2) CERTIFICATE OF CONFORMANCE AND TEST REPORTS ARE REQUIRED I.A.W.:
D.P.S.C.M. 4155.3.
THIS MATERIAL WILL BE USED ON CONTRACT ____________________.
00014 APFUCRD0001 60,000 EA 03/25/2027
APFU-DRAWSTRING-50"**
APFUCRD0001: APFU DRAWSTRING 50" **
UNISEX DRAWCORD <(>&<)> FEMALE DRAWCORD
COMMERCIAL ITEM DESCRIPTION, USED ON APFU PANTS VERIFIED PER, GL-PD-13-
09A and GL/PD 13-05A, March 19, 2014, 3.4.3 Draw cord. The braid for the tubular draw cord shall be cotton, polyester, or polyester/cotton in a flat construction, black in color and 1/4 (± 1/32) inch in width, with finished ends to prevent raveling. Draw cord lengths shall be in accordance with Table II.
UNISEX DRAWCORD - GL-PD-13-09A, TABLE II. Waistband draw cord lengths
(inches) X-small - Small 50
FEMALE DRAWCORD - GL/PD 13-05A, TABLE II. Waistband draw cord lengths
(inches) X-small - Small 50
00015 APFUCRD0002 310,000 EA 03/25/2027
APFU-DRAWSTRING-56"**
APFUCRD0002: APFU DRAWSTRING 56" **
UNISEX DRAWCORD <(>&<)> FEMALE DRAWCORD
COMMERCIAL ITEM DESCRIPTION, USED ON APFU PANTS VERIFIED PER, GL-PD-13-
09A and GL/PD 13-05A, March 19, 2014, 3.4.3 Draw cord. The braid for the tubular draw cord shall be cotton, polyester, or polyester/cotton in a flat construction, black in color and 1/4 (± 1/32) inch in width, with finished ends to prevent raveling. Draw cord lengths shall be in accordance with Table II.
UNISEX DRAWCORD - GL-PD-13-09A, TABLE II. Waistband draw cord lengths
(inches) Medium - Large 56
FEMALE DRAWCORD - GL/PD 13-05A, TABLE II. Waistband draw cord lengths
(inches) Medium - Large 56
00016 APFUCRD0003 35,000 EA 03/25/2027
APFU-DRAWSTRING-62"**
APFUCRD0003: APFU DRAWSTRING 62" **
UNISEX DRAWCORD <(>&<)> FEMALE DRAWCORD
COMMERCIAL ITEM DESCRIPTION, USED ON APFU PANTS VERIFIED PER, GL-PD-13-
09A and GL/PD 13-05A, March 19, 2014, 3.4.3 Draw cord. The braid for the tubular draw cord shall be cotton, polyester, or polyester/cotton in a flat construction, black in color and 1/4 (± 1/32) inch in width, with finished ends to prevent raveling. Draw cord lengths shall be in accordance with Table II.
UNISEX DRAWCORD - GL-PD-13-09A, TABLE II. Waistband draw cord lengths
(inches) X-Large # XX-Large 62
FEMALE DRAWCORD - GL/PD 13-05A, TABLE II. Waistband draw cord lengths
(inches) X-Large # XX-Large 62
00017 APFUCRD0004 1,000 EA 03/25/2027
APFU-DRAWSTRING-65"**
APFUCRD0004: APFU DRAWSTRING 65" **
UNISEX DRAWCORD <(>&<)> FEMALE DRAWCORD
COMMERCIAL ITEM DESCRIPTION, USED ON APFU PANTS VERIFIED PER, GL-PD-13-
09A and GL/PD 13-05A, March 19, 2014, 3.4.3 Draw cord. The braid for the tubular draw cord shall be cotton, polyester, or polyester/cotton in a flat construction, black in color and 1/4 (± 1/32) inch in width, with finished ends to prevent raveling. Draw cord lengths shall be in accordance with Table II.
UNISEX DRAWCORD - GL-PD-13-09A, TABLE II. Waistband draw cord lengths
(inches) XXX-Large 65
FEMALE DRAWCORD - GL/PD 13-05A, TABLE II. Waistband draw cord lengths
(inches) NONE
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 CT2382-26 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 2025-
06. The North American Industry Classification System code is 314994.
This requirement is small business set-aside
UNICOR, Federal Prison Industries, Inc., intends to enter into a base plus four option year indefinite delivery-indefinite quantity type contract for various cord and drawstring.
SEE SECTION B FOR LIST OF ITEMS AND TESTING REQUIREMENTS
QUANTITIES ARE ESTIMATES ONLY
GUARANTEED MINIMUM QUANTITY IS 1,000 yds for lines 1-3 and 9-13 and 1,000 ft for lines 4-8 and 100 ea. for lines 14-17.
ESTIMATED QUANTITY/NOT-TO-EXCEED QUANTITY FOR THE LIFE OF
CONTRACT IS 3,070,000 yds for lines 1-3 and 9-13, 15,475,000 ft for lines 4-8, and 406,000 ea. for lines 14-17.
ADDITIONAL INFORMATION pertaining to this award: FABRIC MUST BE
BERRY AMENDMENT COMPLIANT, DOMESTIC USA ONLY. NO FOREIGN ITEMS
OR COMPONENTS ARE ACCEPTABLE. MATERIAL MUST BE COMPLIANT WITH
DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES,
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES. THE NON-
MANUFACTURER RULE APPLIES.
A copy of the Certificate of Conformance (COC), applicable physical test results and the packing slip shall accompany each shipment. The furnishing of this paperwork shall be a condition of acceptance at destination, and payment shall not be made until it is received. A Purchase Description is applicable to this solicitation: Various cord and drawstrings (End additional information)
THE GOVERNMENT INTENDS TO AWARD MULTIPLE CONTRACTS TO TWO OR
MORE SOURCES UNDER THIS SOLICITATION UNLESS THE GOVERNMENT
DETERMINES, AFTER EVALUATION OF OFFERS, THAT ONLY ONE OFFEROR IS
CAPABLE OF PROVIDING THE MATERIAL AT THE LEVEL OF QUALITY
REQUIRED.
This is a DOC9 rated order. The Defense Priorities and Allocations Systems(DPAS) aides in the timely delivery of items to meet approved program requirements for the Department of Defense. All contracts and purchase orders in support of these programs are given a priority rating. There are two levels of priority ratings: DX and DO. A DX rating is assigned to those programs of highest national priority. A DO rating is assigned to those programs that are critical to national defense. Rated orders take preference over all unrated orders as necessary to meet required delivery dates. A DX rating takes priority over a DO rating which takes priority over an unrated order.
When a DPAS rating appears in the block 13a and 13b of the SF1449,this is considered a rated order. This order is certified for national defense ,emergency preparedness, and energy program use, and therefore, required to follow all requirements of the Defense Priorities and Allocations System regulation (15 CFR part 700).
When receiving these orders, you must give them preferential treatment as required by the DPAS regulation (15 CFRpart 700).The existence of previously accepted unrated or lower rated orders is not sufficient reason for rejecting a rated order. You are required to reschedule unrated orders if they conflict with performance against a rated order. Also, if order is rated DX, and a DO rated order exists, then the DO rated order must be rescheduled and DX rated order takes priority. These orders will show the priority rating, a required delivery date, signature, and the following statement: This is a rated order certified for national defense use, and you are required to follow all provisions of the Defense Priorities and Allocations System regulation (15 CFR 700).FAR52.211-15.
The priority rating must be included on each successive order, from contractor to subcontractor to supplier. Vendors should include this rating on any orders for materials needed in production of UNICOR’s rated order.
A vendor shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. All rated orders must be scheduled to the extent possible to ensure delivery by the required delivery date. If an accepted rated order is delayed, the UNICOR Contracting Officer must be notified immediately, give the reason for the delay, and advise of a new shipment date. This reason for delay must be in writing.
A rated order shall be accepted or rejected, in writing, within 15 working days for a DO rated order and 10 days for DX rated orders. Contractors are responsible for extending the received ratings to their suppliers to obtain items needed to fill rated orders. No substitutes will be accepted unless approved by US Army Material Command contractor to subcontractor to supplier.
Vendors should include this rating on any orders for materials needed in production of UNICOR’s rated order.
A vendor shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. All rated orders must be scheduled to the extent possible to ensure delivery by the required delivery date. If an accepted rated order is delayed, the UNICOR Contracting Officer must be notified immediately, give the reason for the delay, and advise of a new shipment date. This reason for delay must be in writing.
A rated order shall be accepted or rejected, in writing, within 15 working days for a DO rated order and 10 days for DX rated orders. Contractors are responsible for extending the received ratings to their suppliers to obtain items needed to fill rated orders. No substitutes will be accepted unless approved by US Army Material Command.
Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.
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 Administrative Contracting Officers at UNICOR or in writing, 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 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 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.
The offer period for this acquisition is 60 days. Offerors agree to hold firm all price offers for 60 days from the proposal closing date.
Packaging shall comply with the specifications of ASTM D-3951- 95, standard practice for commercial packages.
INVOICES ARE TO BE MAILED TO:
UNICOR, FEDERAL PRISON INDUSTRIES
Central Accounts Payable P.O. Box 11849 Lexington, KY 40578-1849
ATTN: Supervisory Operating Accountant
PH: 1-800-827-3168
Or
INVOICES ARE TO BE EMAILED TO:
Accounts.payable@usdoj.gov
PART II: FAR CLAUSES
52.212-4 (DEVIATION) Terms and Conditions—Commercial Products and Commercial Services.
As prescribed in 12.205(b)(3), insert the following clause:
Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other mailto:Accounts.payable@usdoj.gov financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim
U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;
or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the
Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks;
49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments;
and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record.
This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(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 part 4, longer period required by statute, or periods specified in 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 clause 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.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
Alternate I (Deviation Date). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.
(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause— Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—
(1) Performed by the contractor;
(2) Performed by the subcontractors; or
(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
Materials means—
(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(5) Indirect costs specifically provided for in this clause.
Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(b) Inspection/Acceptance.
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.
Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or
(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(i) Payments.
(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of…
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