6200008705_-_SF1449.pdf
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- EP2907 - 18 Hardware Federal contract opportunity
- Solicitation number
- EP2907-18
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SF1449 - Solicitation
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| 6200008705_-_Evaluation_Criteria.pdf | ||
| 6200008705_-_Bus_Mgmt_Questionnaire.pdf | ||
| 6200008705_-_Excel_Workbook.xlsx | XLSX spreadsheet |
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1. REQUSITION NUMBER
5000040010
2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER
EP2907-18
6. SOLICITATION ISSUE DATE
10/06/2017
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Sheila D. Gonzales
b. TELEPHONE NUMBER (No collect calls)
512-321-3903
8. OFFER DUE DT/LOCAL TIME
11/03/2017 2:00PM
9. ISSUED BY CODE
UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534
10. THIS AQUISITION IS
X UNRESTRICTED
SET ASIDE0 % FOR
SMALL BUSINESS
SMALL DISADV.BUSINESS
8(A)
NAICS: 423120
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
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
TELEPHONE NO. TIN:
RFQ: 6200008705
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)
$13,000,000.00
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)
Sheila D. Gonzales 512-321-3903
31c. DATE SIGNED
10/13/2017
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 Inc.
1341 Hwy 95 N
BASTROP, TX 78602
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
Target value 13,000,000.00
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO ALL UNICOR LOCATIONS THROUGHOUT THE UNITED STATES. SEE ATTACHMENT FOR
DESTINATION ADDRESSES.
Solicitation is issued as a five (5) year firm fixed price indefinite delivery-indefinite quantity type contract with
Economic Price Adjustment for PCU3363903363909 - Other Motor Vehicle Parts Mfg.
Offerors which 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 #____________________________________________
If additional PPI indexes are required, they will be negotiated and mutually agreed upon and added to the contract language prior to contract award.
SUBCONTRACTING PLAN: Large Businesses submitting a proposal are required to submit their subcontracting plan as part of their proposal by the scheduled closing date and time. Failure to submit a subcontracting plan may result in the proposal being found technically unacceptable and may not be considered for further evaluation.
SOLICITATION IS UNRESTRICTED
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO:
Sheila.gonzales2@central.unicor.gov. QUESTIONS MUST BE RECEIVED NO LATER THAN OCTOBER 23, 2017. NO PHONE CALLS
PLEASE.
Offerors ARE REQUIRED to submit one (1) each of FSE00204, FSE0205, FSE0405, GRM0033, NUT0377, NUT1021, SCR2534, TML0259, WSH0413 and WSH0445 for technical evaluation to verify form, fit and function of the material. Contractors are required to submit the material by the closing date, November 3, 2017 at 2:00 p.m. CST. The shipping address for the material is: UNICOR, 1341 Hwy. 95 North, Bastrop, TX 78602, ATTN: Sheila Gonzales, Contract Specialist. Material that is not received by the closing date and time will not be evaluated and the proposal will not be considered further for award. Please note solicitation EP2907-18 and your company's name/address on the packing slip for the material that is sent. Contractors are responsible for the total cost of the sample, including shipping of the material for evaluation. See Clause 52.214-20
UNICOR's desired delivery is 3 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.
Delivery orders will be issued in accordance with 52.216-19.
Vendors shall submit signed and dated offers either by facsimile or overnight delivery (FedEx, UPS, etc.). Facsimile number is 352-330-8293. Any of the overnight delivery carriers will be accepted with delivery to: UNICOR, 1341 Hwy 95
North, Bastrop, TX 78602, Attn: Sheila Gonzales. Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.
The date and time for receipt of proposals is Friday, November 3, 2017, at 2:00 p.m. CST. Offer must indicate
Solicitation No. 2907-18, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:
DJU6200008705 PAGE 2 OF 20
Request For Quote
VENDOR'S DUN & BRADSTREET NUMBER:_______________________________
VENDOR'S POINT OF CONTACT: _____________________________________
VENDOR'S TELEPHONE & FAX NUMBER: _______________________________
VENDOR'S EMAIL ADDRESS: ________________________________________
VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ________________
By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.
_______________________________________________ Signature
The Administrative Contracting officer is Sheila Gonzales at Sheila.gonzales2@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 GRM0033 5,000 EA 5000040010
RUBBER-GROMMET,1/2"-I.D.,3/4"-DIA,1"-O.D
MATERIAL:
THIS IS A RUBBER GROMMET FOR WIRE TUBING EXTENDING
THROUGH PANELS.
SPECIFICATIONS:
MADE OF: RUBBER
COLOR: BLACK
INSIDE DIAMETER: 1/2 Inch
OUTSIDE DIAMETER: 1" Inch
PANEL THICKNESS: 1/8 Inch
PANEL HOLE/GROMMET GROOVE DIAMETER: 3/4 Inch
TYPE: GROMMET
UNSPSC#: 39131603
DJU6200008705 PAGE 3 OF 20
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
00002 TML0259 5,000 EA 5000040010
NONINSULATED,4GA,TERMINAL,5/16",STD,RNG
MATERIAL:
THIS IS AN 4 GAGE NONINSULATED CRIMP CIRCULAR
RING TERMINAL.
SPECIFICATIONS:
* SIZE: 5/16" Standard Ring
* GAGE: 4
* TERMINAL TYPE: Circular
* INSULATION TYPE: Noninsulated
* CONNECTION TYPE: Crimp
* CONTACT PLATING: Tin
00003 NUT0377 5,000 EA 5000040010
HEX-NUT,STAINLESS-STEEL(18-8),1/4-20
MATERIAL:
THIS IS A STAINLESS STEEL (18-8,1/4"-20) HEX NUT
SPECIFICATIONS:
* SUBCATEGORY: Heavy hex nuts
* MATERIAL: Stainless steel
* GRADE: 18-8
* THREAD DIRECTION: Right hand
* THREAD DENSITY: Coarse
* DIAMETER: 1/4"
* THREAD COUNT: 20
* WIDTH ACROSS THE FLATS: 1/2"
* WIDTH ACROSS THE FLATS MAX: 0.500"
* WIDTH ACROSS THE FLATS MIN: 0.488"
* HEIGHT: 15/64"
* HEIGHT MAX: 0.250"
* HEIGHT MIN: 0.218"
DJU6200008705 PAGE 4 OF 20
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00004 FSE0405 5,000 EA 5000040010
MEGA-FUSE,150AMP,BOLT-IN
MATERIAL:
THIS IS A IN-LINE BOLT IN MEGA FUSE USED FOR HIGH
AMPERAGE CIRCUIT PROTECTION
SPECIFICATIONS:
* Fuses feature bolt-down design for easy installations and replacement.
* Feature mounting holes that are .340" in diameter and spaced 2" apart.
* Rated up to 32V DC.
* Operating temperatures -40°F to 125°C.
* Amperage Rating: MEG150
* Color Code: Black
00005 FSE0205 5,000 EA 5000040010
MEGA-FUSE,200AMP,BOLT-IN
MATERIAL:
THIS IS A IN-LINE BOLT IN MEGA FUSE USED FOR HIGH
AMPERAGE CIRCUIT PROTECTION
SPECIFICATIONS:
* Fuses feature bolt-down design for easy installations and replacement.
* Feature mounting holes that are .340" in diameter and spaced 2" apart.
* Rated up to 32V DC.
* Operating temperatures -40°F to 125°C.
* Amperage Rating: MEG200
* Color Code: Black
DJU6200008705 PAGE 5 OF 20
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00006 FSE0204 5,000 EA 5000040010
MEGA-FUSE-HOLDER,100-250AMP,BOLT-IN
MATERIAL:
THIS IS A MEGA FUSE HOLDER WITH COVER USED FOR HIGH
AMPERAGE CIRCUIT PROTECTION
SPECIFICATIONS:
* Max Voltage Rating: 32V DC.
* Max Current Rating: 500A.
* Mounting Torque: 5 Nm.
* Studs: M8 Threaded.
* Included Hardware: Hex nuts with lock washers.
* Included Protective Cover.
* Color Code: BLACK
00007 WSH0445 5,000 EA 5000040010
LOCK-WASHER,SPLIT,18-8-SSTL,5/16"
ALL SPECIFICATIONS LISTED BELOW ARE MANDATORY!
SPECIFICATIONS:
THIS IS A SPLIT LOCK WASHER ALSO KNOWN AS A SPRING
LOCK WASHER. THESE WASHERS REDUCE THE LIKELIHOOD
THAT THE FASTENED JOINT WILL LOOSEN UNDER SHOCK
OR VIBRATION. THEY FEATURE A SPLIT WITH 1 END BENT
SLIGHTLY OUTWARD TO BITE IN AND PREVENT LOOSENING.
UNDER COMPRESSION, SPRING TENSION FORCES THE SPLIT
ENDS TO DIG INTO MATING SURFACES AND HOLD TIGHT.
1. WASHER TYPE: Lock Washer
2. WASHER STYLE: Split Non-Linking
3. MATERIAL: 18-8 Stainless Steel
4. RESISTANCE: Excellent Corrosion Resistance
5. COATING: Non Coated
6. STANDARD OR METRIC: Standard
7. SCREW SIZE: 5/16 Inch
8. INNER DIAMETER: 0.32 Inch
9. OUTER DIAMETER: 0.49 Inch
10. MINIMUM THICKNESS: 0.06 Inch
11. MINIMUM ROCKWELL HARDNESS: C35
12. MINIMUM REQUIRED STANDARD: ASME B18.21.1
BSBM LAST DATA TEXT REVISION 7-18-13
DJU6200008705 PAGE 6 OF 20
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00008 NUT1021 250 PK 5000040010
LOCK-NUT,NYLON-INSERT,GRD-8-STL,3/8-16
ALL SPECIFICATIONS LISTED BELOW ARE MANDATORY!
SPECIFICATIONS:
THIS IS A HEX NUT WITH A NYLON INSERT. THE
NYLON-INSERT ELEMENT RESISTS VIBRATION, ROTATION,
OR LOOSENING WHEN ENGAGED ON THE THREADS OF A
MATING PART SUCH AS A THREADED BOLT OR ROD.
1. NUT TYPE: Lock-Nut With Insert
2. NUT STYLE: Hex
3. MATERIAL: Grade 8 Medium Carbon Steel
4. INSERT MATERIAL: Nylon
5. RESISTANCE: Rust Resistance
6. COATING: Zinc Plated
7. STANDARD OR METRIC: Standard
8. NUT WIDTH: 9/16 Inch
9. NUT HEIGHT: 29/64 Inch
10. THREAD SIZE: 3/8 Inch
11. THREAD PER INCH (TPI): 16
12. THREAD LENGTH TYPE: Fully Threaded
13. MINIMUM THREAD LENGTH: Fully Threaded
14. THREAD DIRECTION: Right-Hand Threads
15. THREAD TYPE: UNC Course Thread
16. THREAD FIT: Class 2B
17. TEMPERATURE RANGE: Up To 250º F
18. MINIMUM PROOF LOAD: 150,000 PSI
19. MINIMUM ROCKWELL HARDNESS: Not Rated
20. MINIMUM REQUIRED STANDARD: IFI 100/107
BSBM LAST DATA TEXT REVISION 7-1-13
DJU6200008705 PAGE 7 OF 20
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
00009 SCR2534 5,000 EA 5000040010
PAN-HEAD-SCREW,SSTL,PHILLIPS,6-32,1"
ALL SPECIFICATIONS LISTED BELOW ARE MANDATORY!
SPECIFICATIONS:
THIS IS A PAN HEAD MACHINE SCREW. PAN HEAD
MACHINE SCREWS ARE GENERAL PURPOSE SCREWS
TYPICALLY USED IN NONCRITICAL APPLICATIONS. THESE
SCREWS ARE MOST COMMONLY USED TO FASTEN METAL
TO METAL. THEY ARE DESIGNED TO BE INSERTED INTO
A PRETHREADED HOLE OR MATED WITH A NUT . PAN HEAD
SCREWS HAVE A SLIGHTLY ROUNDED TOP. THE PAN HEAD
PROVIDES A DECORATIVE APPEARANCE, MODERATE
HEAD HEIGHT AND HEAD DIAMETER WITH A FLAT BEARING
SURFACE.
1. TYPE: Pan Head Machine Screw
2. MATERIAL: 18-8 Stainless Steel
3. RESISTANCE: Excellent Corrosion Resistance
4. COATING: None Coated
5. STANDARD OR METRIC: Standard
6. DRIVE TYPE: Phillips
7. DRIVE SIZE: #2
8. HEAD TYPE: Pan Head
9. HEAD DIAMETER: 0.270 Inch
10. HEAD HEIGHT: 0.097 Inch
11. SURFACE UNDER HEAD: Flat Bearing Surface
12. THREAD DIAMETER: #6
13. THREAD PER INCH (TPI): 32
14. THREAD LENGTH TYPE: Fully Threaded
15. MINIMUM THREAD LENGTH: Threaded To Head
16. THREAD DIRECTION: Right-Hand Threads
17. THREAD TYPE: UNC Course Thread
18. THREAD FIT: Class 2A
19. SCREW LENGTH: 1 Inch
20. SCREW LENGTH MEASURED: From Under The Head
21. TIP TYPE: Blunt Tip
22. MINIMUM TENSILE STRENGTH: 72,000 psi
23. MINIMUM ROCKWELL HARDNESS: B80
24. MINIMUM REQUIRED STANDARD: ASME B18.6.3
25. MINIMUM COMPLIANCE: RoHS Compliant
DJU6200008705 PAGE 8 OF 20
Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date
BSBM LAST DATA TEXT REVISION 6-19-13
00010 WSH0413 5,000 EA 5000040010
FLAT-WASHER,WIDE(USS),STL,1/2"
USS (wide) WASHERS have a large outside diameter that helps distribute forces applied when tightnening.
SAE (narrow) WASHERS have a smaller outside diameter and have a tighter fit to the bolt.
ALL SPECIFICATIONS LISTED BELOW ARE MANDATORY!
SPECIFICATIONS:
THIS IS A FLAT WASHER. FLAT WASHERS ARE GENERAL PURPOSE
WASHERS COMMONLY USED WITH BOLTS, SCREWS, AND NUTS.
THESE WASHERS HAVE TWO FLAT SURFACES FOR DISTRIBUTING
FORCE/STRESS OF A NUT OR BOLT. THEY ALSO REDUCE FRICTION
AND HEAT DURING INSTALLATION OF A THREADED FASTENER.
1. WASHER TYPE: Flat Washer
2. WASHER STYLE: General Purpose
3. MATERIAL: Carbon Steel
4. RESISTANCE: Rust Resistance
5. COATING: Zinc Plated
6. STANDARD OR METRIC: Standard
7. SIZE STANDARD: Wide (USS)
8. SCREW SIZE: 1/2 Inch
9. INNER DIAMETER: 9/16 Inch
10. OUTER DIAMETER: 1-3/8 Inch
11. MINIMUM THICKNESS: 0.08 Inch
12. MAXIMUM THICKNESS: 0.14 Inch
13. MINIMUM ROCKWELL HARDNESS: Not Rated
14. MINIMUM REQUIRED STANDARD: ASME B27.2 Dimensions Only
BSBM LAST DATA TEXT REVISION 7-17-13
DJU6200008705 PAGE 9 OF 20
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
EP2907-18 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The North American Industry
Classification System code is 336390. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc., intends to enter into a five (5)-year, firm-fixed-price, indefinite delivery-indefinite quantity contract for the following commercial item(s):
SEE SECTION B FOR LIST OF ITEMS/0001 GUARANTEED MINIMUM QUANTITY IS $5,000.00. NOT-TO-EXCEED QUANTITY FOR THE LIFE OF
CONTRACT IS $13,000,000.00.
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.
Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.
NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:
In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officer at UNICOR Bastrop, Texas or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.
Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the
Contractor and as such, the Contractor will :
During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.
1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-
i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;
ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or
iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.
2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).
The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.
The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.
Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.
Must provide industry standard warranty on all parts.
May add like items to contract after award and as the need arises, at which time prices will be negotiated.
DJU6200008705 PAGE 10 OF 20
Must allow purchases to be made utilizing a government issued purchase card with at no cost to the government.
Must provide samples of one each of FSE0204, FSE0205, FSE0405, GRM0033, NUT0377, NUT1021, SCR2534, TML0259, WSH0413 and WSH0445. See Section B for part descriptions.
Must provide a return address label to return samples after evaluation or provide a statement that samples may be destroyed if offeror does not want them returned.
After contract award and upon receipt of defective materials, offeror must provide an RMA for the return of defective products, otherwise defective products will be destroyed after 30 days.
Excel Workbook attached. Must be completed and submitted with proposal by closing date.
Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.
INVOICES ARE TO BE MAILED TO:
UNICOR, Federal Prison Industries
Central Accounts Payable
P.O. Box 11849
Lexington, KY 40578-1849
ATTN: Carla Coleman, Supervisory Operating Accountant
PH: 1-800-827-3168
Or
INVOICES ARE TO BE EMAILED TO:
accounts.payable@usdoj.gov
PART II: FAR CLAUSES
52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)
52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017).
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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
DJU6200008705 PAGE 11 OF 20
U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)
(Section 1553 of Pub. L. 111-5). (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).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.
2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
_X_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (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)).
_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (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)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
_X_ (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)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible
Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (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).
DJU6200008705 PAGE 12 OF 20
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
_X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42
U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.
13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN
2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
_X_ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (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. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.
3332).
_X_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
DJU6200008705 PAGE 13 OF 20
__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
__ (62)(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) 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. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
DJU6200008705 PAGE 14 OF 20
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar
2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and
10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-18, Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of award_ through _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 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.;
DJU6200008705 PAGE 15 OF 20
52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of one each for a single line item; (b)(1) max delivery order for a single item in excess of $10,000.00; (b)(2) any order for a combination of items in excess of
$13,000,000.00, 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 three (3) calendar days after contract validity end date;
52.232-18, Availability of Funds (APR 1984);
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);
52.247-34, F.O.B. Destination, (Nov 1991) delivery shall be FOB destination to all UNICOR locations in the United
States (see attachment for list of addresses).
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__________________
52.252-6, Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)
(a) TBD, telephone TBD is hereby designated to act as Contracting Officer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or
DJU6200008705 PAGE 16 OF 20
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 to the form of relief requested.
(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the protest.
(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the
Contracting Officer or the Agency Protest Official decide the protest.
(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency
Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.
(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.
(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
DJU6200008705 PAGE 17 OF 20
(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
Revised Local clause FPI 1000H1 Economic Price Adjustment
(a) Twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period may be adjusted in accordance with the change in [INDEX CODE AND NAME AND
CALCULATION METHOD (for example "the Producer Price Index for PCUxxxxxx, "TITLE" using the simple percentage method described in the U.S. Department of Labor, Bureau of Labor Statistics "Escalation Guide for Contracting Parties, available at http://www.bls.gov/ppi/ppiescalation.htm (calculated as follows: index at time of calculation, divided by index at time base price was set, and the result multiplied by base price, equals adjusted price).")]. IT IS THE
CONTRACTOR'S RESPONSIBILITY TO REQUEST THIS ADJUSTMENT.
(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date). Requests that are made after the 90-day limit will 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. Economic price increases will not be granted if the contractor has any past due orders at time of request.
(c) 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 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.
(d) In computing any price adjustment, the preliminary/first-published index for the month and year of contract award will be compared to the preliminary/first-published index for the contract anniversary month of the adjustment year.
This index is not seasonally adjusted. If this index is temporarily unavailable or permanently discontinued, the contracting parties shall either use the index one level up (i.e., the broader index under which the selected index was listed) or agree in writing upon a substitute index.
(e) No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10 of the original contract base price, based on the original or option period contract price; downward adjustments are not limited.
(f) Indices are available from [SOURCE/CONTACT INFO/WEB ADDRESS (for example…
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