DJU6200009045.pdf

1. REQUSITION NUMBER

5000047183

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

CO306-21

6. SOLICITATION ISSUE DATE

08/12/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Kim Schwinn

b. TELEPHONE NUMBER (No collect calls)

202-305-3730

8. OFFER DUE DT/LOCAL TIME

09/07/2021 2:00PM

9. ISSUED BY CODE

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

SMALL BUSINESS

X SMALL DISADV.BUSINESS

8(A)

NAICS: 541511

SIZE STANDARD: 30.0 Mil.

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Net 15

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

UNDETERMINED SOURCE

NA -

-, DC

TELEPHONE NO. TIN:

RFQ: 6200009045

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 __________________________________

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)

Kim Schwinn 202-305-3730

31c. DATE SIGNED

08/18/2021

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 Central Office 320 First Street NW

WASHINGTON, DC 20534

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

PROJECT LOCATION IS AS FOLLOWS:

UNICOR, Federal Prison Industries, Inc.

400 First Street NW

Washington, DC 20534

Solicitation is issued as a base period of one (1) year, with four (4) one-year option periods if exercised, indefinite delivery-indefinite quantity type contract.

A. GUARANTEED MINIMUM FOR THE LIFE OF THE CONTRACT 40 HOURS

B. NOT TO EXCEED MAXIMUM FOR THE LIFE OF THE CONTRACT: 10,500 HOURS

C. THE NOT TO EXCEED MAXIMUM IS NOT A GUARANTEED AMOUNT

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

SOLICITATION IS 100% SET-ASIDE FOR SMALL DISADVANTAGED BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Kimberly.Schwinn2@usdoj.gov.

Questions need to be submitted no later than 2:00 PM EST on August 20, 2021.

All responses to questions will be answered by Amendment to the solicitation and posted to www.sam.gov

NO PHONE CALLS PLEASE.

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

Vendors shall submit signed and dated offers by email. Email - kimberly.schwinn2@usdoj.gov

Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is Tuesday, September 07,2021 at 2:00 PM EST. Offer must indicate

Solicitation No.

CO306-21, 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 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

DJU6200009045 PAGE 2 OF 22

Request For Quote 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 KIMBERLY SCHWINN at KIMBERLY.SCHWINN2@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

00001 1 EA 5000047183

Consulting Services -BW/BI

BW/BI Consultant

______________ Hourly Rate

______________ Hourly Rate Option Year 1, if exercised

______________ Hourly Rate Option Year 2, if exercised

______________ Hourly Rate Option Year 3, if exercised

______________ Hourly Rate Option Year 4, if exercised

00002 20,000 EA 5000047183

Travel

FPI will reimburse Contractor for travel expenses to include flight, hotel and meals. Hotel and Meals will be reimbursed based upon the Government Per Diem for the area at the time of travel. Contractor agrees to obtain the lowest rates possible while on travel. The Government retains the right to review all expenses for reasonableness, and retains the right to disallow any expenses that are determined to be unreasonable or unallocable. The current per diem rates are listed at the following website:

https://www.gsa.gov/travel/plan-book/per-diem-rates

Receipts must be submitted with all travel invoices

DJU6200009045 PAGE 3 OF 22

PRINCIPAL SAP BUSINESS INTELLIGENCE CONSULTANT

UNICOR

FEDERAL BUREAU OF PRISONS

DEPARTMENT OF JUSTICE

STATEMENT OF WORK:

The Applications Development Section within UNICOR is responsible for providing Tier II and Tier III support for multiple enterprise applications including S4HANA, SAP ECC 6.0 and SAP BI 7.4, Embedded BI, Hana Studio, Analysis for

Office, BOBJ and Web Intelligence.

The Principal SAP BI Consultant is responsible for Tier II and III support of the SAP BI application and its associated analysis, definition, development, implementation, integration for front end reports/dashboards and maintenance. This candidate will work closely with business groups and IT leaders. Therefore, it is required to have a candidate with solid working knowledge of UNICOR business operations, processes and key stakeholders. This candidate will design solutions using S4HANA technologies. Should be able to design solutions using CDS views, Analytic Query, Bex Query, HANA Studio, Analysis for Office, Analysis for OLAP, Web Intelligence etc. This candidate will be involved in SAP BI extraction using standard data extractor and available development tools for SAP and non-SAP data sources, SAP ABAP programming with BI, data modeling, star schema, master data, ODS and cube design in BI, data loading process and procedures (performance tuning), query and report development using Bex Analyzer and Query Designer, and web report development using Web Application Designer.

A list of detailed responsibilities related to BI Maintenance and Support is outlined below:

" Design and Build Reporting solutions using HANA Studio, CDS Views, Analytic Query and Bex Query.

" Design and Build Reporting solutions using BOBJ Analysis for Office, Analysis for OLAP, Web

Intelligence.

" Design, Build and Support solutions using S4HANA UI5 and FIORI using BOPF framework.

" Design and Develop Solutions using AMDP, SQL script for better performance.

" Trouble Shoot all the above tools to make sure reports are accurate and fast.

" Design Value add reporting solutions using S4HANA as ERP solution.

" Keep all the BI solutions in sync with latest recommendation by SAP.

" Design complex, custom BI solutions or component objects translating complex requirements into an optimal BI design

" Contribute to the development of the current BI landscape and architecture by modeling, designing, developing, testing and implementing the appropriate backend and front-end structures needed to meet business reporting requirements. This includes the creation and enforcement of SAP BI development standards in accordance with

SAP BI recommended practices

" Develop, enhance, and maintain custom and pre-delivered extractors as well as leveraging other SAP ETL tools to perform data extractions (SAP and non-SAP sources), transformations, and application of business rules

" Perform routine program modifications, performance tuning, problem solving, debugging, unit testing, and data validation of newly developed and enhanced objects in BI system in terms of providing an efficient solution

" Responsible for documenting modifications of pre-existing development as well as new development for peer reference and knowledge transfer

" Design mapping documents in order to check the need of creation in BI

" Design start routines, update routines and transfer routines as per the requirement

" Schedule infopackages to carry out the data loading process

" Develop the master/transactional data process chains considering the dependency among the BI objects and automate the triggering and monitoring of the same on daily, weekly and monthly basis

" Improve and streamline processes regarding data flow and data quality to improve data accuracy, DJU6200009045 PAGE 4 OF 22 viability and value

" Responsible to deliver (Transport into PRD) the object as per the scheduled deadlines; with accuracy of deliverables by considering the quality norms

" Involvement in the backfilling of historical data from present system to SAP BI

" Interact with business/key stakeholders to gather/develop functional and technical business requirements and translate them into business intelligence applications and reporting solutions, prioritize work, develop enhancements to the existing system, coordinate testing, and perform change management/training for BI reporting and applications

" Facilitate collaboration with end users to identify needs and opportunities for improved data management and delivery

" Perform analysis and design; write/prepare project related documentation (functional design, technical specifications, test scripts) during the different project stages; configuration and programming in the SAP/BI environment, including testing and implementation

" Develop a technical plan with duration estimates. Execute the plan and deliver the required deliverables within the time estimate

" Monitor, communicate and troubleshoot issues with data integrity, data design, and functional and technical software issues.

" Support the on boarding and training of BI Power Users. This includes providing technical training of key BI toolsets such as BeX analyzers, and query designers

" Adhere to good systems development methodology

" Proactively identify potential performance and scalability issues by leveraging SAP BI statistics and by coordinating with SAP Basis, infrastructure, and other integrated components and teams

" Work closely with DBA and BASIS to align with change management processes and to ensure performance, processes and access is optimal for our global BI solutions

" Provide mentoring and guidance to other developers

EDUCATION/EXPERIENCE/CERTIFICATIONS:

Must be a US Citizen

Security Clearance (SBI) required before start date

" Bachelor's degree in Computer Science or related field (preferred)

" Minimum 5 years of technical experience with SAP BI/BI 3x and 7x

" Minimum 5 years of technical experience in SAP HANA and BOBJ

" Minimum 3 years of technical experience in CDS views, Analytic Query and Bex Query.

" Solid working knowledge of UNICOR business operations, processes and key stakeholders is required

" Exceptional team player with excellent interpersonal skills

" Must possess excellent organizational skills with the ability to manage multiple responsibilities

" Strong analytical, planning and problem-solving skills are required

" Excellent verbal and written communication skills are required

" Ability to translate complex business requirements into technical requirements and ultimately project deliverables

" Must possess demonstrated skills in analyzing enterprise data warehouse and business intelligence systems, including the integration of data from various sources

" Minimum Five years or more knowledge of SAP BI principles, theories, concepts, techniques, building and maintaining SAP BI extractors, datasources, infoobjects, infosources, transformations, ODS, DSOs, cubes/infoproviders, multiproviders, infosets, APD's, process chains and exit variables

" Minimum Five years of more knowledge of BI extractors from the ECC system and working knowledge of SAP structures, object dependencies and tables in version ECC 6.0 environment

" Demonstrate a strong understanding of dimensional modeling and data warehousing concepts and

DJU6200009045 PAGE 5 OF 22

methodologies

" Experience using SAP Data Services ETL tool is a plus

WORK HOURS:

Reporting to the Chief Applications Development Section, this position will often work within an operational team or a project team during the core hours of 9am-2pm EST (8hrs/day, 5 days/week). Although telework and/or remote support is available, candidate must be able to provide onsite support (team events, training, etc) at our Washington, DC location of 400 First St, NW. Travel should not exceed 6 weeks per year. Travel expenses will be reimbursed.

Government Furnished Equipment (GFE) will be provided by UNICOR.

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

CO306-21 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 2021-05. The North American Industry

Classification System code is 541511. This requirement is 100% set-aside for small disadvantaged business; small business size standard for this solicitation is $30 Million. UNICOR, Federal Prison Industries, Inc., intends to enter into a base period of one (1) year, with four (4) one-year option periods if exercised, indefinite delivery-indefinite quantity type contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS

A. GUARANTEED MINIMUM FOR THE LIFE OF THE CONTRACT 40 HOURS

B. NOT TO EXCEED MAXIMUM FOR THE LIFE OF THE CONTRACT:10,500 HOURS

C. THE NOT TO EXCEED MAXIMUM IS NOT A GUARANTEED AMOUNT

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

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING

CONSIDERED FOR AWARD.

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 Administrative Contracting Officer at UNICOR with 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.

BEST COMMERCIAL CUSTOMER CATEGORY:

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

DJU6200009045 PAGE 6 OF 22

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 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.

CONTRACTOR'S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVESTIGATIVE PROCEDURES FOR CONTRACTORS, CONSULTANTS AND VOLUNTEERS

The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement (P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons

Acquisition Policy (BPAP). In particular, the HRM Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include:

DJU6200009045 PAGE 7 OF 22

Procedures Implemented by Human Resource Staff:

1) National Crime Information Center (NCIC) Check

2) Name Check

Procedures Implemented by Program Manager:

1) FD-258 Fingerprint Check

2) Law Enforcement Agency Checks

3) Vouchering of employers over the past five years

4) Completed SF-171 (Application for Federal Employment or

Resume/Personal Qualifications

5) Completed Contractor Pre-employment Form Release of

Information

6) National Agency Check and Inquiries (NACI) Check if applicable

7) Urinalysis

In addition to the above procedures, BPAP Part 37.103 states that Contracting Officers must ensure through the contracting process that each prospective individual contractor is advised that a urinalysis is required prior to contract award. Prior to award, the Contracting Officer shall also obtain from the Personnel Officer or the appropriate Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff.

INVOICES ARE TO BE EMAILED TO:

Doug Rothermel drothermel@central.unicor.gov

Margaret Jenkins mjenkins@central.unicor.gov

GOVERNMENT FURNISHED PROPERTY

Item Description: (Mobile computing device (ie laptop) and remote access equipment)

All Mobile computing device (ie laptop) and remote access equipment will be provided to the successful offeror as government furnished property after award and the offeror will be required to acknowledge the receipt of Mobile computing device (ie laptop) and remote access equipmentin writing. Any requested changes to the Mobile computing device (ie laptop) and remote access equipment must be made in writing to the contracting officer at Kimberly.Schwinn2@usdoj.gov. No changes may be made to the Mobile computing device (ie laptop) and remote access equipment without prior written approval from the Government. THE GOVERNMENT CAN REQUEST

THESE MOBILE COMPUTING DEVICE (IE LAPTOP) AND REMOTE ACCESS EQUIPMENT BE RETURNED AT ANY TIME AND THE OFFEROR AGREES

THEY ARE FURNISHED AS GOVERNMENT PROPERTY.

Offeror agrees to package the Mobile computing device (ie laptop) and remote access equipment for shipment in compliance with industry standards.

At a minimum the Mobile computing device (ie laptop) and remote access equipment must be secured to prevent movement and damage during shipment.

DJU6200009045 PAGE 8 OF 22

UNICOR will pay for the shipment of the Mobile computing device (ie laptop) and remote access equipment and the cost of shipping must be approved by the contracting officer prior to shipment.

It is UNICOR's intent that the Mobile computing device (ie laptop) and remote access equipment will remain with the successful offeror throughout the duration of the contract unless the contract is terminated. The vendor will be given written notice by the government for the return of the Mobile computing device (ie laptop) and remote access equipment.

Since this is Government furnished property, the government will be financially responsible for the maintenance and any reasonable repair cost of the Mobile computing device (ie laptop) and remote access equipment. The offeror is responsible for any damages caused to the Mobile computing device (ie laptop) and remote access equipment by the offeror while in its possession. The offeror is to submit a written quote to the government for repair work prior to any work being performed. The contracting officer will provide written authorization to the offeror to proceed with repairs if deemed necessary. UNICOR may elect to send its representative to the successful offerors facility to inspect the Mobile computing device (ie laptop) and remote access equipment at any time.

Once the Mobile computing device (ie laptop) and remote access equipment have been provided to the successful offeror after award, they will have 10 business days from receipt of Mobile computing device (ie laptop) and remote access equipment to provide a written disposition of the Mobile computing device (ie laptop) and remote access equipment to include but not limited to:

Pictures of Mobile computing device (ie laptop) and remote access equipment

Written Quote/Estimate for any repair work

Timeframe for completing repair work

PART II: FAR CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)

52.204-9, Personnel ID Verification of Contractor Personnel (JAN 2011)

52.212-4, Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JULY

2021)

(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) (section 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

DJU6200009045 PAGE 9 OF 22

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (

31 U.S.C. 6101 note).

__ (5) [Reserved].

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

_x_ (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

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

DJU6200009045 PAGE 10 OF 22

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

_x_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) __ (ii) Alternate I (Mar 2020) of 52.219-13.

_x_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

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

Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

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

Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

DJU6200009045 PAGE 11 OF 22

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 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.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42

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

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

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

13693).

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

2016) (E.O. 13693).

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes

DJU6200009045 PAGE 12 OF 22

administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) .

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

_x_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_x_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and

10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and

Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (

29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

DJU6200009045 PAGE 13 OF 22

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (41 U.S.C. 3509).

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

(Jan 2017) (section 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

DJU6200009045 PAGE 14 OF 22

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18, Ordering (AUG 2020)

(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 FIVE (5) years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of

DJU6200009045 PAGE 15 OF 22

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 forty (40) hours for a single line item; (b)(1) max delivery order for a single item in excess of 1,992 hours; (b)(2) any order for a combination of items in excess of 1,992 hours, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship;

52.216-22, Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the

Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 thirty (30) calendar days after contract validity end date;

52.217-8 Option to Extend Services (NOV 1999)

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 thirty (30) days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty

(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

_five (5) years.

52.222-50, Combating Trafficking in Persons (JAN 2019)

52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-10, Waste Reduction Program (MAY 2011)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-18, Availability of Funds (APR 1984);

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);

DJU6200009045 PAGE 16 OF 22

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

UNICOR, Federal Prison Industries

400 First Street, NW

Washignton, Dc 20534

52.252-2 Clauses Incorporated By Reference (Feb 1998)

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

___________www.acquisition.gov__________________

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

(a) Doug Rothermel 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.

(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…