EL1012-22 SOLICITATION DOC.pdf

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Request For Quote

Terms

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

UNICOR, Federal Prison Industries, INC.

UNICOR FPI Butner (Optical)

Old North Carolina HWY 75 Box 576

BUTNER, NC 27509-0000

USA

Guaranteed Contract Aggregate Minimum is an aggregate of $2500.00 per contract award. If contract termination occurs, Guaranteed Contract Minimum is no longer applicable. Target Quantities are stated within each line requirement.

Contract is issued pursuant to Simplified Acquisition Procedures, as a THREE (3) year Firm-Fixed Price Indefinite

Delivery-Indefinite Quantity Type Contract, with an Economic Price Adjustment considered every (12) months

(PCU339115339115). An Economic Price Adjustment is of the responsibility of the Awardee, and must be requested in writing. Quantities listed within this solicitation packet are ONLY estimates for a (3) YEAR PERIOD and NOT to be construed as future definite quantities or deliveries.

Interested vendor(s) 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.

PPI #____________________________________________

100% SET-ASIDE FOR SMALL BUSINESS

NAICS: 339115 1000 Employees

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

UNICOR's delivery is 30 DAYS ARO (After Receiving Delivery Order) OR SOONER. Delivery orders will be issued in accordance with 52.216-19.

The aforementioned contract is not a funding obligation. Funding obligation(s) will be issued by way of Delivery

Orders.

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

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

VENDOR'S DUN & BRADSTREET NUMBER: _________________

VENDOR'S POINT OF CONTACT: _______________

VENDOR'S TELEPHONE & FAX NUMBER: __________________

VENDOR'S EMAIL ADDRESS: _________________________

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

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is Karen Hodge, Contract Specialist.

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 SGL0100 6,000 EA 5000047531

KIT-FOR-CLEAR-SAFFETY-GLASSES

00002 SGL2048 90,000 EA 5000047531

FS,A-A-1770,(FACESHIELD),4240005422048

Unicor Part No: SGL2048

NSN 4240005422048

Description: Faceshield, Industrial

The Faceshield shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Flip-up faceshield with crown protector and adjustable headgear

Window shall be 39.0 cm side to side and 19.0 cm high overall

Window shall be clear and colorless

Window shall be a minimum of 1.00 mm in thickness

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

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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

00003 SGL2816KT 45,000 EA 5000047531

KIT-FOR-4240012922816-SAFETY-GLASSES

Unicor Part No: SGL2816KT

NSN 4240012922816

Description: Safety Glasses - Clear Kit

The goggles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

100% polycarbonate single (Unilens) lens

Wrap-around design with vented side protection

Provides impact and dust protection

Lens shall be coated to provide anti-scratch, anti-fog, anti-static and

99% UV protection

Frame color - black or clear to match lens

Lens color - clear

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

00004 SGL2818KT 45,000 EA 5000047531

KIT-FOR-4240012922818-GOGGLE

Unicor Part No: SGL2818KT

NSN 4240012922818

Description: Goggles, Industrial

The goggles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Soft vinyl body with semi-rigid outer frame

Indirect ventilation, wrap-around style goggles with clear lenses

Replaceable lens and adjustable elastic headband

Constructed from materials that block a minimum of 99% of harmful UV light

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

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

00005 SGL3776KT 90,000 EA 5000047531

KIT-FOR-4240000523776

Unicor Part No: SGL3776KT

NSN 424000523776

Description: Goggles, Industrial

The goggles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Direct Ventilation, Cover Style Goggle

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

00006 SGL3804 2,700 EA 5000047531

KIT-FOR-4240002033804-SAFETY-GOGGLES

Unicor Part No: SGL3804

NSN 4240002033804

Description: Goggles, Industrial, Shade #6 IR Lens Kit

The goggles and lenses shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Indirect Ventilation Welder's Eyecup Goggles with Lenses

Filter Shade No. 6 IR

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

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

00007 SGL4527 300 EA 5000047531

KIT-FOR-4240005164527-SAFETY-GLASSES

Unicor Part No: SGL4527

NSN 4240005164527

Description: Safety Glasses - Grey Lens Kit

The Spectacles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Shall provide basic impact and dust protection

-Aviator design with hinged spatula temples

-Fixed bridge

-Plastic frame

-Flat-fold side shield

-Side shield shall be integral with lens or frame

-Dual 100% polycarbonate scratch resistant removable lens

-99.9% UV protection lenses

-Frame color may be black, brown, gray, or clear

-Lens color - GREY

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

00008 SGL7092 750 EA 5000047531

C,7092,CLEAR-LENSES,POLYCARBONATE,COVER*

LENS,TYPE-IV,C.I.D.,A-A-1813

Unicor Part No: SGL7092

NSN 4240002627092

Description: Clear Replacement Lens

The goggles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Replacement Clear Lenses for SGL7912, Chipper Style Goggles, for impact protection.

A Certificate of Conformance will be required with every shipment showing conformance.

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

00009 SGL7099 1,200 EA 5000047531

SHADE-6-LENSES-FOR-4240002033804

Unicor Part No: SGL7099

NSN 4240002627099

Description: Goggle Lens, Industrial

The Lenses shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Style: Indirect ventilation eyecup lenses only

Color: Shade No. 6 IR

This is a replacement Shade No. 6 Lens for SGL7912 Chipper Style Goggles

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

00010 SGL7912 4,500 EA 5000047531

KIT-FOR-4240002697912-SAFETY-GOGGLES

Unicor Part No: SGL7912

NSN 4240002697912

Description: Goggles, Industrial, Clear Lens Kit

The goggles and lenses shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Indirect Ventilation Welder's Eyecup Goggles with Clear Polycarbonate

Impact Lenses

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

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

00011 SGL9460 900 EA 5000047531

KIT-FOR-4240002699460-SAFETY-GLASSES

Unicor Part No: SGL9460

NSN 44240005169460

Description: Safety Glasses - Green Lens Kit

The goggles shall be in accordance with ANSI/ISEA Z87.1-2015, Occupational and Educational Personal Eye and Face Protection Devices, and shall have the following characterics:

Aviator style design hinged spatula temples and fixed bridge

Plastic frame with flat fold side shield

Side shield shall be integral with lens or frame

Provides basic impact and dust protection

100% polycarbonate dual lens (removable)

Lens shall be scratch resistant and provide 100% UV protection

Frame color - black, brown, gray, or clear

Lens color - green shade #2

A Certificate of Conformance will be required with every shipment showing conformance.

This is a KIT requirement. Materials must be in form of parts for assemly and packaging.

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QUANTITIES LISTED IN THE SOLCITATION ARE ESTIMATES FOR A Three (3) year period.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation EL1012-22

Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates approximately 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.

GENERAL INTENTION: It is the intent of this solicitation to result in SINGLE AWARD FOR Three (3) year Indefinite

Delivery Indefinite Quantity Type Contracts with an EPA (Economic Price Adjustment) every 12 months for Safety

Glasses, shields, goggle kits to be delivered to UNICOR Butner NC

The period of performance will be Three (3) years

Guaranteed Minimum is $2,500 over the duration of the contract.

Solicitation number is EL1012-22 and this solicitation is issued as a Request For Proposal (RFP).

ALL ITEMS SHOULD BE DELIVERED TO:

UNICOR FPI Butner (Optical)

Old North Carolina HWY 75 Box 576

BUTNER, NC 27509-0000

USA

Offerors shall submit signed and dated proposals to:

UNICOR, FCC ALLENWOOD, ROUTE 15, 2 MILES N. OF ALLENWOOD, ALLENWOOD PA 17810

IF SUBMITTING VIA FEDEX OR UPS. Offerors may also submit proposals via fax at 352-330-8152 or email to tiffani.balestrini@usdoj.gov Email proposals shall be sent as an Adobe PDF file. The email subject line must state the Solicitation number EL1012-22. EMAILS PROPOSALS ARE STRONGLY PERFERRED.

All solicitations (also future procurement) and any other information (amendments, etc) may be obtained through

FedBizOps at www.sam.gov

ANY QUESTIONS REGARDING REQUIREMENTS LISTED, SPECIFICATIONS OR THE SOLICITATION PROCESS MUST BE ASKED in writing to

Tiffani Balestrini at tiffani.balestrini@usdoj.gov At no time should offerors contact factory or central office staff with questions regarding this solicitation. All questions MUST be addressed in writing to Tiffani Balestrini at tiffani.balestrini@usdoj.gov NO questions will be answered via telephone.

The deadline date for submission of questions AND TO REQUEST SAMPLES is Monday November 15, 2021 at 8:00 am EST No questions will be answered AND NO SAMPLES WILL BE SENT after this date.

CLOSING DATE AND TIME FOR THE SUBMISION OF OFFERS and submission of Samples FOR THE SOLICIATION IS Monday November 29, 2021 AT 2:00 PM EST.

All offerors must complete the following information prior to submission of offer to be considered for award, in addition to the requirements of Section L:

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1. SAM REGISTRATION WWW.SAM.GOV

2. Section B-Provide pricing for ALL line items.

3. Section L - Business Management Questionnaire

All offerors must complete the Business Management questionnaire with three references from the past three (3) years that are same or similar in scope to this requirement. This includes size of requirement.

4. DUNS NUMBER_________________

5. TIN Number __________________

6. Pricing Spreadsheet

7. Samples of requested items detailed in proposal.

NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract.

All offers AND SAMPLES must be submitted by offer closing date and time of Monday November 29, 2021 at 2:00 pm EST.

THIS IS NOT A NAME BRAND REQUIREMENT. ANY REFERENCE TO A SPECIFIC MANUFACTURE OR MANUFACTURER PART NUMBER ARE FOR

REFERENCE PURPOSES ONLY.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Offerors must state whether product being offered under solicitation is manufactured :

__ In the United States

__ Outside the United States. If outside the United States the country of origin SHALL be listed in section B with pricing as well as noted above.

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 BUTNER

NC 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-

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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.

SECTION C - DESCRIPTION/STATEMENT OF WORK

C1. Specifications:

UNICOR Butner NC, is in need of a supplier to furnish kits that will be assembled by inmates and sold to UNICOR customers. The kits shall include parts to assemble complete safety glasses, goggles and face shields.

The successful offeror will provide raw materials in form of parts for assembly. This shall also include any other specialty tools that may be necessary for the assembly process. UNICOR has everyday tools such as screwdrivers, hammers, etc. Any material that is not suitable for use within a secure perimeter of the BOP institution shall be removed by the successful offeror prior to shipment. If the successful offeror needs to supply a specialty tool for the assembly of the product and acceptance into the prison came into question, then we will discuss with them to determine how to handle.

All protective eyewear provided must meet all applicable standards and regulations for which products have been designed. Primary eyewear standards which apply to protective eyewear are the ANSI/ISEA Z87.1-2018, Occupational and

Educational Personal Eye and Face Protection Devices. A Certificate of Conformance (COC) is required with every shipment.

Notification of discontinued products shall be provided to UNICOR a minimum of 90 days prior to discontinuance so that customers can be notified and catalogs updated. Also, inventory of discontinued items may be returned for full credit.

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

C2. REQUIRED SAMPLES:

Vendors shall supply samples of the following:

1 ea sample of a finished product for each item listed below.

1 ea sample kit for each item listed below

1. SGL0100

2. SGL2048

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3. SGL2816KT

4. SGL2818KT

5. SGL3776KT

6. SGL3804

7. SGL4527

8. SGL7092

9. SGL7099

10. SGL7912

11. SGL9460

Each finished sample and sample kit should be marked as follows:

1. UNICOR part number listed above

2. For Kit sample: a listing of all parts and quantities included in the kit should be included with kit, as well as assembly instructions if required.

3. Vendor part number

4. Vendor name

Samples will be tested and evaluated for:

1. Comparability to UNICOR supplied samples

2. Compliance with all standards listed in statement of work

3. Ease of assembly

4. Quality of fully assembled product

Interested Offerors can request samples by emailing a written request for samples to the following:

Tiffani.Balestrini@usdoj.gov Request should include mailing address (NO PO BOXES), Point of Contact and phone number of Point of Contact. Deadline to request samples is Tuesday November 9, 2021 at 8:00 am EST. Any request for samples made after this date and time will not be granted.

REQUIRED SAMPLES:

Interested Offerors are required to submit finished samples and sample kit for each item on the solicitation document.

ALL SAMPLES MUST BE SUBMITTED TO THE FOLLOWING LOCATION:

UNICOR, FEDERAL PRISON INDUSTRIES

Old North Carolina Highway 75

Bunter, NC 27509

RE: EL1012-22

ATTN: Brian Bunn

ENVELOPE OR PACKAGE CONTAINING SAMPLES AND SAMPLE KITS SHALL REFERENCE SOLICITATION NUMBER (EL1012-22) AND STATE

SAMPLES ON THE LABEL. OFFERORS SHALL PROVIDE TRACKING NUMBER OF SAMPLES TO TIFFANI BALESTRINI AT

Tiffani.Balestrini@usdoj.gov

Samples may be tested by UNICOR or by a third party.

Samples will not be returned to any vendor. All samples provided will be at no charge to the Government. When having a supplier send samples on your behalf, ensure your companies name and not your suppliers name as well as all other

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requested information is displayed on sample. Failure to provide and adequately identify your sample will result in your offer not being considered for award.

Samples are required for this solicitation. Current supplier of this material does not need to submit finished samples, unless there is a product change or application change in proposed products. If there is no change, a written statement must be included as part of the solicitation package stating the proposed product is the same as the current products being provided. If there is a color that the current supplier has not supplied UNICOR in the past, this color sample must be supplied for approval.

After contract award, offerors may be required to submit product for random testing to ensure products are in compliance with specification listed in the contract. If at any time it is found that products supplied after contract award varies from product specified in contract, the contract may be terminated for non-compliance.

UNICOR anticipates that this contract will result in A SINGLE AWARD

SAMPLES: Upon written request to the Contracting Officer, Tiffani Balestrini at Tiffani.Balestrini@usdoj.gov samples of all colors currently being used by UNICOR will be supplied to interested offerors.

OFFEREORS MUST SUBMIT PRICING ON ALL ITEMS TO BE CONSIDERED FOR AWARD.

SAMPLES OF REQUESTED ITEMS MUST BE RECIEVED BY THE CLOSING DATE AND TIME OF THE SOLICITATION (NOVEMBER 29, 2021, AT

2:00 EST) TO BE CONSIDERED FOR AWARD.

IF YOUR FIRM IS HAVING ANOTHER COMPANY SUBMIT SAMPLES ON YOUR BEHALF, YOU MUST HAVE THE SAMPLES CLEARLY MARKED WITH

YOUR COMPANY NAME. AN EMAIL FROM YOUR COMPANY STATING THAT ANOTHER COMPANY WILL BE SENDING THE SAMPLES IN WILL NOT

BE ACCEPTED.

IF YOU CURRENTLY ARE THE SUPPLIER OF THE PRODUCTS LISTED IN A LOT, OR YOU HAVE SUPPLIED THESE MATERIALS TO UNICOR IN

THE PAST, YOU ARE NOT REQUIRED TO SUBMIT SAMPLES OF THOSE PRODUCTS, UNLESS YOU ARE PROPOSING SUPPLYING A PRODUCT THAT

IS DIFFERENT THAN THE PRODUCT SUPPLIED BY YOUR FIRM IN THE PAST.

NOTE: UNICOR may add other factories and/or materials to contract at a later date through a modification to the awarded contract.

The closing date for this solicitation is 2:00 pm EST Monday NOVEMBER 29, 2021 @ 2:00 PM EST. PROPOSALS must be provided by this date and time. Offers may be sent via fax to 352-330-8152 or via FEDEX or UPS to:

UNICOR

Route 15, 2 Miles N. of Allenwood

Allenwood PA 17810

Attn: Tiffani Balestrini

RE: EL1012-22

Or via United States Postal Service to:

UNICOR

PO BOX 1500

White Deer, PA 17887

Attn: Tiffani Balestrini

RE EL1012-22

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SECTION D - PACKAGING AND MARKING

D.1 FPI 1000D PACKAGING AND MARKING

Supplement: LCL APPR

Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity.

A Certificate of Conformance must accompany each shipment. ALL SHIPMENTS RECEIVED WITHOUT A CERTIFICATE OF

CONFORMANCE (COC) WILL NOT BE PROCESSED FOR PAYMENT UNTIL A COC IS PROVIDED.

All products shall be packaged to deliver safely and without damage. Failure to do so will result in returning product at your expense.

All shipments should be labeled as follows:

a. Vendor name

b. Purchase Order number and/or Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

Due to the volume of trucks that may come through any given UNIOCR warehouse, it is sometimes necessary to make an appointment, therefore warehouse at respective factory should be notified 24 hours prior to delivery to schedule delivery time. Appointments can be scheduled via phone call or fax. Request for appointment shall include point of contact, phone number, fax number and email address.

Delivery hours are as follows:

Delivery hours are Monday through Friday, 7:30 am to 1:30 pm, excluding Federal Holidays.

A CERTIFICATE OF CONFORMANCE MUST ACCOMPANY EACH SHIPMENT OF THIS ITEM OR ITEMS FOR RECEIPT AND PAYMENT.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-16 Responsibility for Supplies. APR 1984

E.2 52.246-15 Certificate of Conformance

Certificate of Conformance (Apr 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a

Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced.

Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the

Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

DJU6200009063 PAGE 14 OF 37

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractors name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: ________________________________

Signature: _______________________________________

Title: ____________________________________________

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FPI 1000F1 DELIVERY ORDER

Supplement: LCL APPR

Delivery Orders can be submitted to offerors via fax or email. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation must be returned to the contracting officer within 24 hours of order receipt.

Order confirmation containing the following information must be faxed to efax at 352-330-8013 or via email at khodge@central.unicor.gov

a. Date of order

b. Contract number and order number

c. Item number and description, quantity, and unit price

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery lead time on all award lots will be 30 days for all orders placed.

****PLEASE NOTE, DELIVERY DAY IS CALENDER DAY******

F.2 FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE

Supplement: LCL APPR

16.505(a) and the clause located in FAR 52.216-18 entitled "Ordering" and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below:

PRIMARY:

Karen Hodge, Contract Specialist, efax 352-330-8013, email

DJU6200009063 PAGE 15 OF 37

khodge@central.unicor.gov

SECONDARY:

Tiffani Balestrini, Contract Specialist, efax (352) 330-8152 email tiffani.balestrini@usdoj.gov

F.3 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 5% per at time of delinquency. At that time a newly AGREED upon delivery date will be negotiated. If the vendor fails to meet the new delivery date, another 5% liquidated damage deduction will be taken.

UNICOR will issue purchase orders with pricing according to the assigned contract terms. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor with consideration (liquidated damages) amounts. Liquidated damages will begin to accrue at the moment of a delay caused by the offeror. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product.

The contractor will issue UNICOR a credit according to the spreadsheet generated by UNICOR Contract Specialist. A copy of the credit shall be submitted to the contract Specialist Tiffani Balestrini at tiffani.balestrini@usdoj.gov

If the credit is not received within 30 days, UNICOR contract specialist will notify accounts payable to deduct the overdue amounts from future vendor invoices.

Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location.

There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis.

F.4 52.211-16 Variation in Quantity. (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10% Under delivery (-)

10% Over Delivery (+)

This increase or decrease shall apply to the total item quantity for each destination.

F.5 52.247-34 F.o.b. Destination (Nov 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

DJU6200009063 PAGE 16 OF 37

G.1 JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)

Supplement: LCL APPR

All COR's are TBD at a later date.

(b) The COR is responsible, as applicable, for: receiving all deliverable's, 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.

ADMINISTERED BY: This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries

Karen Hodge, Contract Specialist

352-330-8013 khodge@central.unicor.gov

SECONDARY:

UNICOR, Federal Prison Industries, Tiffani Balestrini, Contract Specialist

352-330-8152 tiffani.balestrini@usdoj.gov

Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above. In the event Ms. Balestrini is unavailable, please mail correspondence to the secondary contact.

ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:

(a) Payee Name (Contractor):__________________________________

(b) Check Remittance Address:

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

DJU6200009063 PAGE 17 OF 37

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

ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE

ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.

NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT, INVOICES THAT DO NOT AGREE WITH THE PURCHASE

ORDER/DELIVERY ORDER AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN BLOCK 17A OF THE SF1449.

Vendor Payment

Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account , routing ).

Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. ACH form is included as part of the solicitation package and must be filled out by any party who isn't currently doing business with UNICOR.

SECTION H

SPECIAL CONTRACT REQUIRMENTS

H.1 FPI 1000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR

Twelve (12) months after contract award date, contract prices for the succeeding TWELVE (12) months period may be adjusted in accordance with the change in the PRODUCER PRICE INDEX FOR DECISION UNIT PCU339115339115. THE VENDOR IS

ELIGIBLE FOR AN ECONOMIC PRICE ADJUSTMENT EVERY 12 MONTHS FROM TIME OF LAST ADJUSTMENT. IT IS THE CONTRACTOR'S

RESPONSIBILITY TO REQUEST THIS ADJUSTMENT.

IF THERE IS ANOTHER INDEX THAT MORE CLOSELY RELATES TO ITEMS ON THIS SOLICITATION, IT SHOULD BE ADDRESSED IN THE

QUESTION PHASE OF THE SOLICITATION.

Economic price adjustments will not be granted if the contractor has any past due orders at time of request.

IF THE PRODUCER PRICE INDEX DOES NOT CALL FOR A CHANGE IN PRICE AT ANY TIME DURING THE AWARDED CONTRACT, THE OFFEROR

AGREES TO CONTINUE AT CURRENT PRICING UNTIL THE NEXT TIME AN EPA IS AUTHORIZED

Adjustments may be requested for a period not to exceed 10 days after the eligible adjustment date. Requests that are made after the 10-day limit may not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price.

The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this

DJU6200009063 PAGE 18 OF 37

is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest. Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.

In computing any contract price adjustment, the most recently published index as of the date of award will be compared to the most recently published index as of the date of adjustment. An adjustment may or may not be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, are

(negotiable), based on the original or option period contract price; downward adjustments are not limited. Indices are available from the Bureau of Labor Statistics, 600 E Street N.W., Washington, DC 20212, telephone 202-691-7705.

SECTION I - CONTRACT CLAUSES

I.1 52.212-4 Contract Terms and Conditions-Commercial Items(JAN 2017)

I.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders#Commercial Items (Nov

2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

(Section 1553 of Pub. L. 111-5). (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 (Oct 2016) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

DJU6200009063 PAGE 19 OF 37

__ (5) [Reserved].

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

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

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

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

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

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

2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

DJU6200009063 PAGE 20 OF 37

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

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

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

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

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

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

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

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

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

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

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

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

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

22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA#Designated Items (May 2008) (42

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

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

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

13693).

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

2016) (E.O. 13693).

DJU6200009063 PAGE 21 OF 37

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

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

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

__ (47)(i) 52.225-3, Buy American#Free Trade Agreements#Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

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

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

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

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

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

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.#s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

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

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

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

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

2307(f)).

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__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

3332).

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

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

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

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

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

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

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

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

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

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

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d)

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if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records#Negotiation.

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

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.