EP2966-23.pdf
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- Attached to
- HMMWV Engines and Transmission
- Solicitation number
- EP2966-23
About this file
This is a request for quotation from the Department of Justice Bureau of Prisons soliciting offers to supply HMMWV engines, transmissions, and related components. Offerors are requested to provide pricing for various engine models, transmissions, alternators, wheel and tire assemblies, and complete power packs in quantities specified. The solicitation is set aside for HUBZone small businesses and offers are due by August 11, 2023. The contract will have a one year base period and two option years, with economic price adjustment terms. The solicitation incorporates standard commercial items FAR clauses and provisions. Past performance, technical factors, and price will be evaluated, with past performance and technical factors significantly more important than price.
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Page 1 of 37ORDER NUMBER:
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
1620000126
EP2966-23
Omar Sanchez
COCO 100
COCO
391014499
UNDETERMINED SOURCE
NA BLANK
WASHINGTON DC 20534
UNICOR FPI CENTRAL ACCOUNTS PAYABLE
PO BOX 11849
LEXINGTON, KY 40578-1849
1620000126 See Section B
UNICOR FUNDS 15X4500 FUNDS SHALL BE OBLIGATED BY INDIVIDUAL DELIVERY ORDERS AND NOT BY THE CONTRACT ITSELF
Omar Sanchez
X
336350
07/07/2023
08/11/2023
2:00 PM
COCO
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
07/07/2023
UNICOR, FPI CENTRAL OFFICE
400 1ST ST NW
WASHINGTON DC 20534-0004
07/07/2023
1500 Emp
Page 2 of 37ORDER NUMBER:
Request for Quotation
1620000126
Terms: DST
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:
UNICOR, Federal Prison Industries, Inc.
13777 Air Expressway Blvd
Victorville, CA 92394
UNICOR, Federal Prison Industries, Inc.
696 Muckerman Rd.
Bennettsville, SC 29512
UNICOR, Federal Prison Industries, Inc.
201 FCI Lane
Glenville, WV 26351
Solicitation is issued as a one (1) year firm fixed price requirements type contract with 2 option years with Economic Price Adjustment for
PCU336390336390 Other Motor Vehicle Parts Manufacturing.
Offerors who do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers. The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.
PPI #____________________________________________
SOLICITATION IS SET-ASIDE FOR HUBZone.
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN
WRITING VIA EMAIL TO: osanchez@central.unicor.gov. NO PHONE CALLS
PLEASE. Any and all questions pertaining to this solicitation must be received by 2:00 pm PST on 07/31/2023. Responses will be posted on sam.gov.
For a list, description and total estimated quantities of all items, refer to Section B.
Page 3 of 37ORDER NUMBER:
1620000126
UNICOR’s desired delivery is 30 calendar days or sooner from receipt of each delivery order issued. Vendors are required to provide their best manufacturing/delivery time for evaluation which will be evaluated under technical factors as a go/no go. 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 email or overnight delivery (FedEx, UPS, etc.). Email is osanchez@central.unicor.gov. Any of the overnight delivery carriers will be accepted with delivery to: 13777 Air Expressway Blvd, Victorville, CA 92394 Attn: Omar Sanchez. Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.
The date and time for receipt of proposals is 08/11/2023 at 2:00pm PST.
Offer must indicate Solicitation No. EP2966-23, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:
VENDOR'S DUN & BRADSTREET NUMBER:____________________________
SAM UNIQUE NTITY 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
Page 4 of 37ORDER NUMBER:
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICE Quantity U/M UNIT PRICE AMOUNT IN US$ Delivery Date
Request for Quotation
1620000126
The Administrative Contracting officer is Omar Sanchez at osanchez@central.unicor.gov.
00001 ENG65RM 10 EA 08/18/2023
57K3526-TURBO-6.5L-ENGINE-REMANUFACTURED
HMMWV M1152
NSN #57K3526
VENDOR MTP
MUST BE EQUIVALENT TO PART #2815-01-439-8164 57K3526-
TURBO-6.5L-ENGINE-REMANUFACTURED, CORE PROVIDED
00002 ASY2122 80 EA 08/18/2023
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT
NSN: 2530015638620
P/N: 1218557
THIS IS A COMPLETE WHEEL AND TIRE ASSEMBLY LOAD RANGE E 24 BOLT
U/O: HMMWV, M1116
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT, REMAN RIMS ACCEPTABLE
00003 AKT0094 10 EA 08/18/2023
2320015818566-M1152A1-HMMWV-POWER-PACK
SN.299999 AND BELOW ONLY
MATERIAL DESCRIPTION NSN
Engine,Diesel,6.5L-TurboCharged--------2815014398164
Torque converter----------------------------2520014807553
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Page 5 of 37ORDER NUMBER:
1620000126
Transmission,4L80E------------------------2520014890850
Transfer Case OIL-----------------------2520014699893 OR 2520014092512
Starter----------------------------------------2920011687891
Generator,Engine,400AMP----------------2920014661855-RM
Parts-Kit,Engine-Generator,400AMP-----2920015094688
Although the parts above are listed separately, they will be one complete engine assembly, torque converter, transmission, and transfer case together in a power pack and in a ready to run configuration.
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT, CORE PROVIDED
00004 ENG65 8 EA 08/18/2023
57K3526-TURBO-6.5L-ENGINE-ONLY
HMMWV M1152
NSN #57K3526
VENDOR MTP
MUST BE EQUIVALENT TO PART #2815-01-439-8164 , CORE PROVIDED
00005 ALT200 8 EA 08/18/2023
200-AMP-ALTERNATOR-HMMWV
HMMWV M1152
NSN #2920014209968
VENDOR MTP
00006 ALT400 8 EA 08/18/2023
400-AMP-ALTERNATOR-HMMWV
HMMWV M1152
NSN #2920-01-466-1855
VENDOR MTP
EQUIVALENT TO PART NUMBER #12469057
00007 TRAN480 10 EA 08/18/2023
TRANSMISSION-TURBO-4L80E
HMMWV M1152
NSN #57K6204
VENDOR MTP
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Page 6 of 37ORDER NUMBER:
1620000126
MUST BE EQUIVALENT TO PART #2520014890850
00008 TRAN480RM 10 EA 08/18/2023
TRANSMISSION-TURBO-4L80E-REMANUFACTURED
HMMWV M1152
NSN #57K6204
VENDOR MTP
MUST BE EQUIVALENT TO PART #2520014890850 TRANSMISSION-TURBO-4L80E-
REMANUFACTURED, CORE PROVIDED
00009 2530015638620 40 EA 08/18/2023
LOAD RANGE E (L/R
2530015638620-24-LUG-TIRES
ITEM NAME: WHEEL,PNEUMATIC TIRE
AGAV III END ITEM IDENTIFICATION
M1151A1 HMMWV (UAH) FOV
CXCY PART NAME ASSIGNED BY CONTROLLING AGENCY
E) 20/24 BOLT WHEEL,TIRE AND
RUNFLAT ASSEMBLY, REMAN RIMS ACCEPTABLE
00010 2530015638620 32 EA 08/18/2023
LOAD RANGE E (L/R
2530015638620-24-LUG-TIRES
ITEM NAME: WHEEL,PNEUMATIC TIRE
AGAV III END ITEM IDENTIFICATION
M1151A1 HMMWV (UAH) FOV
CXCY PART NAME ASSIGNED BY CONTROLLING AGENCY
E) 20/24 BOLT WHEEL,TIRE AND
RUNFLAT ASSEMBLY
2530015638620-24-LUG-TIRES, REMAN RIMS
ACCEPTABLE
00011 ASY2122 40 EA 08/18/2023
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
13777 Air Expressway Blvd.
Victorville, CA 92394
Shipping to :
201 FCI Lane Glenville, WV 26351
Page 7 of 37ORDER NUMBER:
1620000126
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT
NSN: 2530015638620
P/N: 1218557
THIS IS A COMPLETE WHEEL AND TIRE ASSEMBLY LOAD RANGE E 24 BOLT
U/O: HMMWV, M1116
12518557,WHEEL-AND-TIRE-ASSY-E,24-BOLT, REMAN RIMS ACCEPTABLE
00012 AKT0094 4 EA 08/18/2023
2320015818566-M1152A1-HMMWV-POWER-PACK
SN.299999 AND BELOW ONLY
MATERIAL DESCRIPTION NSN
Engine,Diesel,6.5L-TurboCharged--------2815014398164
Torque converter----------------------------2520014807553
Transmission,4L80E------------------------2520014890850
Transfer Case OIL-----------------------2520014699893 OR 2520014092512
Starter----------------------------------------2920011687891
Generator,Engine,400AMP----------------2920014661855-RM
Parts-Kit,Engine-Generator,400AMP-----2920015094688
Although the parts above are listed separately, they will be one complete engine assembly, torque converter, transmission, and transfer case together in a power pack and in a ready to run configuration. 2320015818566-M1152A1-HMMWV-
POWER-PACK, CORE PROVIDED, REMAN
00013 ENG65 8 EA 08/18/2023
57K3526-TURBO-6.5L-ENGINE-ONLY
HMMWV M1152
NSN #57K3526
VENDOR MTP
MUST BE EQUIVALENT TO PART #2815-01-439-8164 57K3526-TURBO-6.5L-ENGINE-
ONLY, CORE PROVIDED, REMAN
00014 ALT200 4 EA 08/18/2023
200-AMP-ALTERNATOR-HMMWV
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Page 8 of 37ORDER NUMBER:
1620000126
HMMWV M1152
NSN #2920014209968
VENDOR MTP
200-AMP-ALTERNATOR-HMMWV
00015 ALT400 8 EA 08/18/2023
400-AMP-ALTERNATOR-HMMWV
HMMWV M1152
NSN #2920-01-466-1855
VENDOR MTP
EQUIVALENT TO PART NUMBER #12469057
400-AMP-ALTERNATOR-HMMWV
00016 TRAN480 4 EA 08/18/2023
TRANSMISSION-TURBO-4L80E
HMMWV M1152
NSN #57K6204
VENDOR MTP
MUST BE EQUIVALENT TO PART #2520014890850
TRANSMISSION-TURBO-4L80E, CORE PROVIDED, REMAN
00017 2530015638620 40 EA 08/18/2023
LOAD RANGE E (L/R
2530015638620-24-LUG-TIRES
ITEM NAME: WHEEL,PNEUMATIC TIRE
AGAV III END ITEM IDENTIFICATION
M1151A1 HMMWV (UAH) FOV
CXCY PART NAME ASSIGNED BY CONTROLLING AGENCY E)
20/24 BOLT WHEEL,TIRE AND
RUNFLAT ASSEMBLY
2530015638620-24-LUG-TIRES, REMAN RIMS ACCEPTABLE
PART I: INFORMATION
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Shipping to :
696 Muckerman Rd Bennettsville, SC 29512
Page 9 of 37ORDER NUMBER:
1620000126
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
EP2966-23 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 2023-01. The
North American Industry Classification System code is 336992 This requirement is set-aside for HUBZone; small business size standard for this solicitation is 1,500 employees. UNICOR, Federal Prison
Industries, Inc., intends to enter into a one year, firm-fixed-price, requirements type contract with two option years with Economic Price
Adjustment for the following commercial item(s):
SEE SECTION B FOR LIST OF ITEMS
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 Officers at UNICOR Victorville 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.
Page 10 of 37ORDER NUMBER:
1620000126
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 ___1_____ year minimum warranty.
Vendor must allow purchases utilizing a government purchase card with no additional costs to UNICOR
Page 11 of 37ORDER NUMBER:
1620000126
Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.
INVOICES ARE TO BE MAILED TO:
UNICOR, Federal Prison Industries
Central Accounts Payable
P.O. Box 11849
Lexington, KY 40578-1849
ATTN: Supervisory Operating Accountant
PH: 1-800-827-3168
Or
INVOICES ARE TO BE EMAILED TO:
Accounts.payable@usdoj.gov
PART II: FAR CLAUSES
52.212-4, Contract Terms and Conditions - Commercial Items (DEC 2022).
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal
Confidentiality Agreements or Statements (Jan 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment. (NOV
Page 12 of 37ORDER NUMBER:
1620000126
2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted
Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small
Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 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 products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (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. (Nov 2021) (31 U.S.C. 6101note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
Page 13 of 37ORDER NUMBER:
1620000126
_X_ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
(OCT 2022) (15 U.S.C.657a).
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov
2020) (15 U.S.C.644).
__ (ii) Alternate I (Mar 2020) (52.219-6)
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov
2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15
U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15
U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15
U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
_X_ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15
U.S.C.637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15
U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small
Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
X_ (22) (i) 52.219-28, Post Award Small Business Program Representation
MAR 2023) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT
2022) (
__ (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 (OCT 2022) (15 U.S.C. 637(m)).
Page 14 of 37ORDER NUMBER:
1620000126
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves
(Mar 2020) (15 U.S.C. 644(r)).
_X_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C.
637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (DEC 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38
U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities
(Jun 2020) (29 U.S.C.793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.
4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22
U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.
chapter78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022).
(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA–Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.
6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of
Page 15 of 37ORDER NUMBER:
1620000126
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 (MAY
2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal
Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter
83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade
Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.
3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections
4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)
(E.O.’s, proclamations, and statutes 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
Page 16 of 37ORDER NUMBER:
1620000126
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) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items
(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021)
(41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for
Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than
System for Award Management (Jul 2013) (31 U.S.C.3332).
_X_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)
(15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
,,,, [Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.
chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor
Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug
2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
Page 17 of 37ORDER NUMBER:
1620000126
__ (4) 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).
__ (5) 52.222-51, Exemption from Application of the Service Contract
Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract
Labor Standards to Contracts for Certain Services-Requirements (May
2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)
(E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and
Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart
4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type
Page 18 of 37ORDER NUMBER:
1620000126 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain
Internal Confidentiality Agreements or Statements (Jan 2017) (section
743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for
Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment. (Nov
2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns
(Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities
(Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015)
(E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun
2020) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with
Disabilities (Jun 2020) (29 U.S.C.793).
Page 19 of 37ORDER NUMBER:
1620000126
(x) 52.222-37, Employment Reports on Veterans (Jun 2020)
(38 U.S.C.4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug
2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.
chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C.
chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the
Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41
U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the
Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification
(MAY 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order
13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order
13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security
Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
Page 20 of 37ORDER NUMBER:
1620000126
(xxiii) 52.247-64, Preference for Privately Owned
U.S.-Flag Commercial Vessels (Nov 2021) (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)
Alternate I (FEB 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or
(d) of this clause" in the redesignated paragraph (d) to read
"paragraphs (a), (b), and (c) of this clause".
Alternate II (Mar 2023). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and
(e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate
Inspector General appointed under section 3 or 8 G of the Inspector
General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs
(a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise
Page 21 of 37ORDER NUMBER:
1620000126 indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021)
( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered
Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section
889(a)(1)(A) of Pub. L. 115-232).
(E) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in
FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.
4212).
(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) ( 29 U.S.C. 793).
(J) 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.
Page 22 of 37ORDER NUMBER:
1620000126
(K) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.
chapter 67).
(L) ___ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22
U.S.C. chapter 78 and E.O 13627).
___ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and
E.O. 13627).
(M) 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).
(N) 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).
(O) 52.222-54, Employment Eligibility Verification (May 2022) (Executive
Order 12989).
(P) 52.222-55, Minimum Wages for Contractor Workers Under Executive
Order 14026 (Jan 2022).
(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)
(E.O. 13706).
(R) (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3.
(S) 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. Subtitle A, Part V, Subpart G Note).
(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with
Page 23 of 37ORDER NUMBER:
1620000126 paragraph (e) of FAR clause 52.226-6.
(U) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(V) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
END OF CLAUSE
52.216-21, Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the
Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an
Page 24 of 37ORDER NUMBER:
1620000126 item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 calendar days after contract validity end.
(End of clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000).
(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.
(End of clause)
52.229-3 Federal, State, and Local Taxes. (Feb 2013)
52.232-18, Availability of Funds (APR 1984);
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);
52.246-15, Certificate of Conformance (APR 1984)
Page 25 of 37ORDER NUMBER:
1620000126
With the original invoice, the vendor will furnish the original
Certificate of Conformance that will be signed by the person who has certification authority with their title and position included. A copy of this Certificate of Conformance and the packing slip will accompany each shipment. The furnishing of the Certificate of Conformance will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI.
Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order. The Awardee's Certificate of Conformance shall only be signed by the individual who is the Awardee's authorized Quality
Representative, or acting Quality Representative.
52.247-34, F.O.B. Destination (Nov 1991). delivery shall be FOB destination to UNICOR
UNICOR, Federal Prison Industries, Inc.
13777 Air Expressway Blvd
Victorville, CA 92394
UNICOR, Federal Prison Industries, Inc.
696 Muckerman Rd.
Bennettsville, SC 29512
UNICOR, Federal Prison Industries, Inc.
201 FCI Lane
Glenville, WV 26351
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):
Page 26 of 37ORDER NUMBER:
1620000126
___________www.acquisition.gov__________________
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 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.
Page 27 of 37ORDER NUMBER:
1620000126
(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
Page 28 of 37ORDER NUMBER:
1620000126 provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
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…
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