FN1323-11 WOOD EDGEBANDING SOLICIATION DOCUMENT.pdf

1. REQUSITION NUMBER

5000029362

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

FN1323-11

6. SOLICITATION ISSUE DATE

04/15/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tiffani Balestrini

b. TELEPHONE NUMBER (No collect calls)

570-547-1990

8. OFFER DUE DT/LOCAL TIME

05/03/2011 2:00PM

9. ISSUED BY CODE

Allenwood Furniture UNICOR FPI Allenwood Furniture Allenwood, PA 17810

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

X SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

SIC:

SIZE STANDARD: 500 Emp.

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

Allenwood Furniture UNICOR FPI Allenwood Furniture Allenwood, PA 17810

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

UNDETERMINED SOURCE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200007566

17b. CHECK IF REMITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18a. PAYMENT WILL BE MADE BY CODE

UNICOR FPI Central Acct Payable P. O. Box 4000

BUTNER, NC 27509-4000 (1-800-827-3168),

USA

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________________

OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Tiffani Balestrini 570-547-1990

31c. DATE SIGNED

04/15/2011

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 Allenwood Furniture RT 15 two miles north of Allenwood

ALLENWOOD, PA 17810

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

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 MLD0690 3,750,000.000 FT 5000029362

EDGE,CHERRY,7/8"WX.022"TX250'L

UNICOR PART NUMBER:MLD0690

DESCRIPTION:CHERRY VENEER,EDGE TAPE

WITH NON-ADHESIVE BACKING

SIZE:7/8"WX .022" T.X 250'L.

NOTE:PLAIN SLICED.

Base Year ___________

Option Year One ___________

Option Year Two ___________

Option Year Three ___________

Option Year Four ___________

00002 MLD0726 450,000.000 FT 5000029362

EDGE,CHERRY,1-1/4"X.022"X250',PLAIN-*

SLICED

UNICOR PART NUMBER:MLD0726

DESCRIPTION:EDGE TAPE, CHERRY

SIZE:.022"X 1-1/4'X 250' ROLL

PLAIN SLICED, NON-ADHESIVE BACKING.

Base Year ___________

Option Year One ___________

Option Year Two ___________

Option Year Three ___________

Option Year Four ___________

00003 MLD0846 20,000.000 FT 5000029362

EDGE,ASH-VENEER,A,7/8"X250',PLAIN-SLICD*

.022"-THICK,GRADE-A

UNICOR PART NUMBER: MLD0846

DESCRIPTION: VENEER EDGE BAND, ASH

SIZE: 7/8" X 250'ROLL .022 " THICK

GRADE: A - PLAIN SLICED

Base Year ___________

Option Year One ___________

DJU6200007566 PAGE 2 OF 31

Request For Quote

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

Option Year Two ___________

Option Year Three ___________

Option Year Four ___________

00004 MLD2182 35,000.000 FT 5000029362

EDGE,CHERRY,A,1-5/8"X250,PLAIN-SLICED

.022"-T

UNICOR PART NUMBER:MLD0726

DESCRIPTION:EDGE TAPE, CHERRY

SIZE:.022" X 1-5/8"X 250' ROLL

GRADE:PLAIN SLICED,GRADE A

Base Year ___________

Option Year One ___________

Option Year Two ___________

Option Year Three ___________

Option Year Four ___________

00005 MLD3295 25,000.000 FT 5000029362

EDGE-VENEER,BAMBOO,PLAIN-SLICE,7/8"X250'

Base Year ___________

Option Year One ___________

Option Year Two ___________

Option Year Three ___________

Option Year Four ___________

DJU6200007566 PAGE 3 OF 31

QUANTITIES LISTED IN THE SOLCITATION ARE ESTIMATES

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation FN1323-11

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

GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) one year option years, if exercised, Indefinite Delivery Indefinite Quantity Type Contract for WOOD EDGETAPE/EDGEBANDING be delivered to UNICOR, FCC ALLENWOOD PA

The period of performance will be one (1) base year with four (4) one year option years, if exercised

Guaranteed Minimum is $ 5,000.00 over the duration of the contract, inclusive of any exercised option years

Solicitation number is FN1323-11 and this solicitation is issued as a Request For Proposal (RFP).

ALL LINE ITEMS ARE TO BE DELIVERED TO:

UNICOR, FCC ALLENWOOD

ROUTE 15, 2 MILES N. OF ALLENWOOD

ALLENWOOD, PA 17810

THIS REQUIREMENT IS A TOTAL (100%) SMALL BUSINESS SET ASIDE REQUIREMENT. PROPOSALS RECEIVED FROM OTHER THAN SMALL

BUSINESSES WILL NOT BE CONSIDERED FOR AWARD. SMALL BUSINESS SIZE FOR NAICS CODE 321999 IS 500 EMPLOYEES.

The following information pertains to the Standard Form 1449 Solicitation:

OMB 1103-0018

The offer acceptance period is 60 calendar days.

Block 25, Funds (15X4500) will be obligated by each delivery order and not by the contract itself.

Block 31b, TIFFANI BALESTIRNI, CONTRACT SPECIALIST

Notes:

Place(s) of Delivery:

UNICOR, FCC ALLENWOOD

ROUTE 15, 2 MILES N. OF ALLENWOOD

ALLENWOOD, PA 17810

Offerors shall submit signed and dated offers to UNICOR, FCC ALLENWOOD, ROUTE 15, 2 MILES N. OF ALLENWOOD, ALLENWOOD

PA 17810

IF SUBMITTING VIA FEDEX OR UPS. IF SUBMITTING VIA US POSTAL SERVICE THEY CAN BE MAILED TO: UNICOR, FCC ALLENWOOD PO

BOX 345, WHITE DEER, PA 17887. Offerors may also submit proposals via fax at 352-330-8152 or email to tbalestr@central.unicor.gov. Email proposal shall be sent as an Adobe PDF file and offerors shall contact Tiffani

DJU6200007566 PAGE 4 OF 31

Balestrini to verify receipt of proposal. The email subject line must state the Solicitation number FN1323-11. For email and fax proposals, an originally signed SF1449 must be received by the contracting officer within 1 day of offer closing date and time. Offerors shall submit TWO (2) copies of the written proposal.

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

FedBizOps at www.fbo.gov

Questions regarding this requirement shall be addressed in writing to Tiffani Balestrini at tbalestr@central.unicor.gov and Tatea Cavanaugh at tcavanaugh@central.unicor.gov At no time should offerors contact factory or central office staff with questions regarding this solicitation. All questions MUST be addressed in writing to Tiffani Balestrini at tbalestr@central.unicor.gov or Tatea Cavanaugh at tcavanaugh@central.unicor.gov NO questions will be answered via telephone. The deadline date for submission of questions is Wednesday April 27, 2011

No questions will be answered after this date.

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

1. CCR Registration at http://www.ccr.gov/

2. ACH Form - which can be found on UNICOR website at www.unicor.gov

Contracting Opportunities

For vendors

Electronic Vendor Payment

Scroll down to ACH Form, Print and submit with written offer

3. Section B-Provide pricing for line items. Offerors shall submit pricing for items listed in Section B

4. Section K-(ORCA) On Line Representations and Certifications at https://orca.bpn.gov/

5. Section L - Business Management Questionnaire

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

6. DUNS NUMBER_________________

7. TIN Number __________________

8. Samples of all items listed in solicitation.

One (1) 12" Sample of each item listed on this soliciation. Samples must be received by closing date and time of the soliciation closing date (May 3, 2011 at 2:00 pm EST) Samples received after this date and time will result in the vendors proposal not being considered for award. Samples must be sent to:

UNICOR, FCC Allenwood

Route 15, 2 miles N. of Allenwood

Allenwood PA 17810

Attn: Tiffani Balestrini

RE: FN1323-11

Samples will not be returned.

ALL SAMPLES SHALL BE MARKED WITH YOUR COMPANIES, NAME AND THE UNICOR PART NUMBER, AS WELL AS THE SOLICITATION NUMBER

FN1323-11. IF YOUR FIRM IS HAVING SAMPLES SENT BY ANOTHER COMPANY ON YOUR BEHALF, YOUR FIRMS NAME MUST BE ON THE

DJU6200007566 PAGE 5 OF 31

SAMPLES. ANY SAMPLES MARKED WITH AN OFFERORS SUPPLIERS NAME WILL NOT BE CONSIDERED FOR AWARD.

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

NAICS CODE ASSOCIATED WITH THIS SOLICITATION IS 321999

SIC Code 2499 "Other Wood Products"

SECTION C - DESCRIPTION/STATEMENT OF WORK

This soliciation will result in a singe award contract for wood edgebanding/edgetape. This edgebanding/edgetape will be used in production at UNICOR Allenwood in use for their executive line of wooden office furniture.

SECTION D - PACKAGING AND MARKING

D.1 FPI 1000D PACKAGING AND MARKING

Supplement: LCL APPR

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

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

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

All shipments should be labeled as follows:

a. Vendor name

b. Purchase Order number and/or Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

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

Delivery hours are as follows:

Delivery hours are Monday through Friday, 8:00 am to 2:30 pm, excluding Federal Holidays.

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

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 52.246-15 Certificate of Conformance

Certificate of Conformance (Apr 1984)

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

Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no

DJU6200007566 PAGE 6 OF 31

case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced.

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

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

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

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

(d) The certificate shall read as follows:

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

Date of Execution: ________________________________

Signature: _______________________________________

Title: ____________________________________________

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FPI 1000F1 DELIVERY ORDER

Supplement: LCL APPR

UNICOR issues delivery orders via email or fax, we will not mail delivery orders unless we are prohibited from using the electronic means listed. UNICOR does not mail delivery orders.

Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation must be made within 24 hours of order receipt.

Order confirmation containing the following information must be faxed to Tiffani Balestrini, Contract Specialist at

352-330-8152 or emailed to tbalestr@central.unicor.gov or his/her designee.

a. Date of order

b. Contract number and order number

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

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery shall be 14 calendar days for each delivery order. The period of performance for this contract will be One

(1) base year with four (4) one year option years if exercised.

DJU6200007566 PAGE 7 OF 31

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

Supplement: LCL APPR

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

PRIMARY:

Tiffani Balestrini, Contract Specialist, UNICOR FCC ALLENWOOD, 570-547-1990 X4669, FAX 352-330-8152, EMAIL tbalestr@central.unicor.gov.

SECONDARY:

Tatea R. Cavanaugh, Sr. Contracting Officer, UNICOR OFG, Central Office, 202-305-7302, fax 202-353-7794, tcavanaugh@central.unicor.gov.

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

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 10% per week of the total cost of each line item delayed.

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

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

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

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

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

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

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

(b) The permissible variation shall be limited to:

DJU6200007566 PAGE 8 OF 31

-10% /+10%

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

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

SECTION G - CONTRACT ADMINISTRATION DATA

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

Supplement: LCL APPR

(a) Brian Smith, Quality Assurance Manager, FCC Allenwood, 570-547-7950 x5654 blsmith@central.unicor.gov or

Vernon Morgan, Operations Manager, FCC Allenwood

570-547-7950 x5653 vmorgan@central.unicor.gov

(b) The COTR is responsible, as applicable, for: receiving all deliverable's, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing.

ADMINISTERED BY: This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries

PO Box 345

White Deer, PA 17887

Attn: Tiffani Balestrini, Contract Specialist

570-547-1990 x4669

SECONDARY:

UNICOR, Federal Prison Industries, 400 First Street NW

Room 7012

Washington, DC 20534, Attn: Tatea Cavanaugh, Senior Contracting Officer.

202-305-7302

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

ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including

DJU6200007566 PAGE 9 OF 31

the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:

(a) Payee Name (Contractor):__________________________________

(b) Check Remittance Address:

Any questions or problems regarding payment should be directed to the Business Manager at the following locations:

UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 4000, BUTNER, NC, 27509-4000

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

ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.

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

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

Vendor Payment

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

Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. Offerors may obtain the ACH form by logging on to the following website:

www.fpi.gov

Homepage

Procurement branch

UNICOR

Forms

The ACH is the first form, just click on form and print to your printer, fill out and return to the contracting officer.

SECTION H

Left Blank Intentionally

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.212-4 (May 2001) (DEVIATION) - Contract Terms and Conditions - Commercial Items.

Part (d) of clause 52.212-4 is replaced with the following:

"This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601 613). Disputes arising under or relating to this contract shall be resolved in accordance with clause FAR 52.233 1 Disputes (JUL 2002)

(DEVIATION), which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

To view the full text clause FAR 52.233 1 Disputes (JUL 2002)(DEVIATION), go to

DJU6200007566 PAGE 10 OF 31

http://www.unicor.gov/fpi_contracting."

I.2 52.216-22 (Oct 1995) - Indefinite Delivery Indefinite Quantity

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 Contractors and

Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 days beyond contract expiration.

I.3 52.223-11 Ozone-Depleting Substances. (MAR 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection

Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) [[ ]], a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

[ ] The Contractor shall insert the name of the substance(s).

I.4 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 one (1) base year with Four (4) One Year options Years if exercised.

(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

DJU6200007566 PAGE 11 OF 31

mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

However UNICOR does not mail delivery orders. They are sent to offeror either by fax or email. An order confirmation is the signed copy of the delivery/purchase order.

ALL ORDERS MUST BE CONFIRMED WITHIN 24 HOURS AFTER RECEIPT BY FAXING CONFIRMATION TO TIFFANI BALESTRINI AT

352-330-8152 OR BY EMAIL TO TBALESTR@CENTRAL.UNICOR.GOV

I.5 52-212-5 Contract Terms and Conditions Required to

Implement Statutes or Executive Orders#Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jul 2010)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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:

[<Emphasis>Contracting Officer check as appropriate.]

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

U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

__ (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31

U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act#Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved]

_X_ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (10)(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 (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_(12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X (14) 52.219-16, Liquidated Damages#Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10

U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

DJU6200007566 PAGE 12 OF 31

__ (16) 52.219-25, Small Disadvantaged Business Participation Program#Disadvantaged Status and Reporting (Apr 2008)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program# Incentive Subcontracting (Oct 2000) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

X_ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (21) 52.222-19, Child Labor#Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (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 (28)(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.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007)

(E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act#Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act#Free Trade Agreements#Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

X (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, <Emphasis>et seq., 19 U.S.C. 3301 note).

__ (34) 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).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer#Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer#Other than Central Contractor Registration (May 1999) (31

U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X (43)(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

DJU6200007566 PAGE 13 OF 31

law or Executive orders applicable to acquisitions of commercial items:

[<Emphasis>Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, <Emphasis>et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, <Emphasis>et seq.).

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

Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, <Emphasis>et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act#Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41

U.S.C. 351, <Emphasis>et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment#Requirements (Nov 2007) (41 351, <Emphasis>et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services#Requirements (Feb 2009) (41 U.S.C. 351, <Emphasis>et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) <Emphasis>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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, <Emphasis>et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, <Emphasis>et seq.).

DJU6200007566 PAGE 14 OF 31

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements

(Feb 2009) (41 U.S.C. 351, <Emphasis>et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

<Emphasis>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.#

<Emphasis>Alternate II (Apr 2010). 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 8G 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 items, other than#

(i) <Emphasis>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) <Emphasis>Those clauses listed in this paragraph (e)(1). Unless otherwise 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section

1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(G) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, <Emphasis>et seq.).

(H) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(I) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment#Requirements (Nov 2007) (41 U.S.C. 351,<Emphasis> et seq.).

(J) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services#Requirements

(Feb 2009) (41 U.S.C. 351, <Emphasis>et seq.).

(K) 52.222-54, Employment Eligibility Verification (Jan 2009).

(L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(M) 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.

DJU6200007566 PAGE 15 OF 31

I.6 52.202-1 52.202-1 Definitions (July 2004)

I.7 52.203-7 52.203-7 Anti-Kickback Procedures (Oct 2010)

I.8 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor

(1) Any order for a single item in excess of $3,000.00

(2) Any order for a combination of items in excess of $5,000.00

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _2_ days after issuance, with written notice stating the Contractor#s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.9 52.204-4 Printed or Copied Double-Sided on Recycled Paper.

(AUG 2000)

I.10 52.223-13 Certification of Toxic Chemical Release Reporting (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that-

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know

Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C.

13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical

Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons:

[Check each block that is applicable.]

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42

U.S.C. 11023(b)(1)(A);

[ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of

EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C

DJU6200007566 PAGE 16 OF 31

(42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

[ ] (v) The facility is not located in the United States or its outlying areas.

I.11 52.223-14 Toxic Chemical Release Reporting (AUG 2003)

I.12 52.225-13 Restrictions on Certain Foreign Purchases.(JUNE 2008)

I.13 52.225-18 Place of Manufacture (SEPT 2006)

(a) Definitions. As used in this clause-

" Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

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

(b) For statistical purposes only, the offeror shall whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the

United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

I.14 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004)

I. 15 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)

I. 16 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/loadmainre.html.

I.17 52.252-2 Clauses Incorporated by Reference.

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): http://www.arnet.gov/far/loadmainre.html.

DJU6200007566 PAGE 17 OF 31

I. 18 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

I.19 52.233-3, Protest after Award (31 U.S.C. 3553). (AUG 1996)

(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 or components:

I.20 52.217-6 Option for Increased Quantity (AUG…