FN1365-12_Tool_Sharpening_and_Replacement_Solicitation_FBO.pdf

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

5000032130

FN1365-12

Tatea R. Cavanaugh 202-305-7302

UNICOR FPI Coleman 846 N.E. 54th Terrace, Coleman, FL 33521

UNICOR FPI Coleman 846 N.E. 54th Terrace, Coleman, FL 33521

999999999

Undetermined Source

RFQ: 6200007936

UNICOR FPI Central Acct Payable P.O. Box 4000 Butner, NC 27509-4000 (1-800-827-3168)

USA

See Section B

Tatea R. Cavanaugh 202-305-7302

811310

10/12/2012

09/10/2012

11/02/2012

2:00 PM EST

Coleman Systems Furniture UNICOR FPI Coleman Coleman, FL 33521

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Terms

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 520 EA 5000032130

Sharpen Bit Drill, Drill Press, 2 3/4-6

00002 520 EA 5000032130

Sharpen Bit Router, Rh DF, 3/4-1/2-1 1/2

00003 100 EA 5000032130

Replace Bit Trim,Flush, 1/4-1/4-1 1/2

00004 520 EA 5000032130

Sharpen Blade Det , 8x36T

00005 100 EA 5000032130

Replace Blade Det , 8x36T

00006 520 EA 5000032130

Shapren Blade Hogger, 10x72

00007 100 EA 5000032130

Replace Blade Hogger, 10x72

00008 1,040 EA 5000032130

Sharpen Blade Det , 8x42T

00009 200 EA 5000032130

Replace Blade Det , 8x42T

00010 1,040 EA 5000032130

Sharpen Up Right Panel Saw Blades, 10x40

00011 2,080 EA 5000032130

Sharpen Blade Segment, 5x9

00012 400 EA 5000032130

Replace Blade Segment, 5x9

00013 260 EA 5000032130

Sharpen Bit Router, CNC-L, 3/4-1/2- 1 1/

00014 260 EA 5000032130

Sharpen Blade Curf, 2 1/2x1/16

00015 260 EA 5000032130

Sharpen Blade Det Bull Nose, 9x1 1/2 x3T

00016 260 EA 5000032130

Sharpen Blade Panel Saw,Set,15x72 - 6x36

00017 260 EA 5000032130

Sharpen Cutter Stot 2 Wing, 2 1/2x1/32

00018 260 EA 5000032130

Sharpen Panel Saw Blades Set,15x72- 6x36

00019 100 EA 5000032130

Replace Panel Saw Blades Set,15x72- 6x36

00020 260 EA 5000032130

Sharpen Panel Saw Blades Set,15x60- 6x24

00021 100 EA 5000032130

Replace Panel Saw Blades Set,15x60- 6x24

00022 260 EA 5000032130

Sharpen Saw Blades, 10x40

00023 120 EA 5000032130

Sharpen Blade Det , 8x40T

DJU6200007936 PAGE 2 OF 39

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

00024 25 EA 5000032130

Replace Blade Rip Saw, 5x6T

00025 10 EA 5000032130

Sharpen Bit Boring, Hinge, 10-26mm/20-57

DJU6200007936 PAGE 3 OF 39

FN1365-12: Tool Sharpening and Replacement Services

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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 Requirements contract with one (1) base year with four (4) option years, if exercised for TOOL SHARPENING AND REPLACEMENT SERVICES, to be delivered FOB Destination to:

UNICOR, Federal Prison Industries

FCC Coleman - Medium Rear Gate

846 N.E. 54th Terrace

Coleman, FL 33521

All interested offerors shall read the solicitation in its entirety prior to submission of any questions.

The period of performance will be as follows if option years are exercised:

Base Year - November 13, 2012-November 12, 2013

OPTION YEAR 1 November 13, 2013-November 12, 2014

OPTION YEAR 2 November 13, 2014-November 12, 2015

OPTION YEAR 3 November 13, 2015-November 12, 2016

OPTION YEAR 4 November 13, 2016-November 12, 2017

The period of performance for this contract will be from the date of award through one (1) base year with four (4) option years, if exercised.

Dependent upon actual award date, these dates may vary.

Solicitation number is FN1365-12 and this solicitation is issued as a Request for Proposal (RFP).

It is anticipated that this solicitation will result in A SINGLE AWARD; therefore, offerors must provide pricing for all line items to be considered for award.

The following information pertains to the Standard Form 1449 Solicitation:

OMB 1103-0018

The offer acceptance period is 90 calendar days.

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

Block 31b, Tatea R. Cavanaugh, Contracting Officer

Notes:

DJU6200007936 PAGE 4 OF 39

Place of Delivery:

UNICOR, Federal Prison Industries

FCC Coleman - Medium Rear Gate

846 N.E. 54th Terrace

Coleman, FL 33521

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

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

FedBizOps at www.fbo.gov.

No questions will be answered via telephone. The deadline date for submission of questions is October 22, 2012 @ 8:00

AM EST. No questions will be answered after this date. One (1) amendment will be issued to the solicitation after the closing date to provide answers to all questions associated with the solicitation.

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. All Offerors must complete the ACH form and registration in SAMS http://sam.gov formerly known as CCR and ORCA. The

ACH form can be found on UNICOR's webpage at www.unicor.gov. For the ACH form click on business commercial opportunities, navigate to, procurement forms and click on ACH form and print. The ACH form must be submitted with your written proposal.

What is SAM?

The System for Award Management (SAM) is combining eight federal procurement systems and the Catalog of Federal

Domestic Assistance into one new system. The benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

With one user ID and password, SAM will benefit contractors by providing access to all the capabilities associated with:

1. Registering to do business with the Government

2. Representing/Self-Certifying as a Small Business (CCR/ORCA)

3. Viewing Business Opportunities (Fedbizops)

2. Section B: Provide pricing on all items (see pricing spreadsheet). An electronic copy must be submitted by closing date and time of solicitation. This electronic form is posted as part of this solicitation package. Electronic copy of solicitation must be returned to gisette.terrones@usdoj.gov by closing date and time of solicitation. Pricing provided for all items shall include delivery charges.

3. Section L: Business Management Questionnaire:

All offerors must complete the Business Management questionnaire with three references from the past three (3) to five

(5) years that are the same or similar in scope to this requirement. References that are not for the same or similar items in the solicitation will receive neither favorable nor unfavorable rating.

4. DUNS Number: _________________

5. TIN Number: _________________

6. Two (2) copies of entire proposal must be included in proposal package. Two (2) original copies of proposal must be

DJU6200007936 PAGE 5 OF 39

received within two (2) days of offer closing date.

7. Environmental Information:

Current documentation of meeting current CARB Standards, Recycled, Recyclable, FSA, Greenguard Certified product and any other applicable standard that may apply to this product/commodity. Offers must submit documentation of applicable standards with written proposal, if applicable.

8. ISO 9001 Certification:

If your firm is ISO 9001 certified, offerors must provide proof of ISO9001 certification by submitting the ISO

Certification as part of your written offer. If your firm is not ISO Certified, please submit a copy of your company's quality management system, also state whether your company intends to seek ISO certification in the future and if so when. In addition, offerors shall submit ISO certification or Quality Management System for all subcontractors (suppliers) involved in the performance of this contract.

Failure to complete and submit above information may result in offeror not receiving an award. All offerors must acknowledge all amendments, if any. Offers received after the exact time and date specified will not be considered.

Any proposal received after offer closing date and time will not be considered for award. Proposals can be emailed to gisette.terrones@usdoj.gov or e-fax 352-330-8184 or tatea.cavanaugh@usdoj.gov or faxed 202-353-7794. Two (2) copies of original proposal must be received within two (2) days of closing date and time. Original proposals can be sent to:

US POSTAL SERVICE/FED-X/UPS

UNICOR, Federal Prison Industries

846 N.E. 54th Terrace

Coleman, FL 33521

Attn: Gisette Terrones, Contract Specialist

RE: FN1365-12

The NAICS code associated with this requirement is 811310.

This is not a Small Business set aside requirement; therefore, proposals from any size business may submit offers.

THIS IS NOT A NAME BRAND REQUIREMENT. ANY REFERENCE TO A SPECIFIC BRAND IN AN ITEMS SPECIFICATION IS FOR REFERENCE

PURPOSES ONLY.

SECTION C - DESCRIPTION/SPECIFICATIONS

C1. Statement of Work:

This solicitation is for blade and tool sharpening and replacement as needed for CLSF Coleman, FL UNICOR. These blades and tools consist of insert blades, drill bits, router bits, vertical bore bits, and various other blades.

The offeror is required to pickup tools which require sharping services, and re-tipping from FCC Coleman and re-deliver the sharpening tools to FCC Coleman, FL within 7 business days of the pickup unless written authorization is provided by Coleman for a longer period of time. If tools cannot be repaired, offerors must notify UNICOR Coleman in writing within 48 hours after pickup. A written delivery order will be placed with the contractor when the tools need servicing or re-tipping. The contractor is required to perform sharpening tool services, and re-tipping of blades. The offeror shall include labor, material, and shipping costs in the unit price.

The delivery order will provide types, sizes and teeth of blades that need sharpening and/or re-tipping. The number of

DJU6200007936 PAGE 6 OF 39

blades to be serviced will vary and will be specified on each delivery order. If the replacement blade is not already included on the contract, a written quote must be included with request.

An amendment will be issued only if the services differ from the requested order and both parties agree. (For example if 15% of any blade teeth have to be repaired; it may be in the governments' best interest to purchase a new blade).

The contractor is required to re-sharpen tools and return to FCC Coleman within 7 business days. The contract resulting from this procurement is a Requirements contract with one (1) base year with four (4) option years, if exercised.

UNICOR is issuing this solicitation for a resulting contract for Tool Sharpening and Replacement Services. UNICOR

Coleman uses these items for various purposes in the production of office furniture.

All offers must detail their products "green" (environmentally friendly) qualities. All certifications, specifications and qualities, must be detailed in proposal. "GREEN" qualities and certifications (environmentally friendly) will be used as part of these solicitations evaluation criteria. Written certification and supporting documents must be provided at time of submission of offer.

All products must meet current CARB Standards, and must maintain the most current CARB Certification requirements throughout the contract term, as well as any new required standards that should arise during contract term, if applicable.

SECTION D - PACKAGING AND MARKETING

D1. 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

f. Pallets or skids must be capable of being moved throughout the factory fully loaded using a forklift.

SECTION E - INSPECTION AND ACCEPTANCE

E1. 52.246-2 Inspection of Supplies - Fixed Price (AUG 1996)

E2. 52-246-4 Inspection of Services - Fixed Price (AUG 1996)

E3. 52.246-16 Responsibility for Supplies (APR 1984)

E4. 52.246-15 Certificate of Conformance (APR 1984)

DJU6200007936 PAGE 7 OF 39

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

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

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

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

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

(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

F1. FPI 1000F1 DELIVERY ORDER

Supplement: LCL APPR

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

FCC Coleman - Order confirmation containing the following information must be e-fax at 352-330-8184 or via email at gistte.terrones@usdoj.gov.

a. Date of order

b. Contract number and order number

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

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

DJU6200007936 PAGE 8 OF 39

Delivery hours are as follows:

Delivery hours are Monday through Friday, 9:00 am to 1:00 pm, excluding Federal Holidays.

Deliveries will be 7 days for all deliveries and thereafter. During UNICOR slow season, it may not be necessary for pick up and delivery every week, but rather an on call basis. When this occurs UNICOR will notify successful offeror and notify them of the cancelation of pick up and delivery for that week.

In addition there may emergency situation that require expedited repair or replacement. When these situations occur, UNICOR will contact vendor on a case by case basis for expedited delivery and charges.

Day of week for blade exchange will be determined after contract award, and may change based on institution needs.

Time of exchange will be between the hours of 9:00 am EST and 1:00 pm EST.

****PLEASE NOTE, DELIVERY DAY IS CALENDAR DAY******

F2. 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:

Gisette M. Terrones, Contract Specialist, UNICOR, FCC Coleman, 352-689-4060, e-fax 352-330-8184, email gisette.terrones@usdoj.gov.

SECONDARY:

Tatea R. Cavanaugh, Sr. Contracting Officer, UNICOR OFG, Central Office, 202-305-7302, fax 202-353-7794, email tatea.cavanaugh@usdoj.gov.

F3. 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development (SEP 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 5% per calendar 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 Gisette Terrones at gisette.terrones@usdoj.gov.

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

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

There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating

DJU6200007936 PAGE 9 OF 39

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.

F4. 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:

+ or - 0%

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

F5. 52.242-15 Stop-Work Order (AUG 1989)

F6. 52.247-34 F.O.B. Destination (Nov 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G1. JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

Supplement: LCL APPR

(a) TBA, Factory Foreman is hereby designated to act as Contracting Officer's Representatives (COR) under this contract for FCC Coleman, FL.

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

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

(c) The 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.

G2. This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries

FCC Coleman

846 N.E. 54th Terrace

Attn: Gisette M. Terrones, Contract Specialist

Phone: 352-689-4060

SECONDARY:

UNICOR, Federal Prison Industries, DJU6200007936 PAGE 10 OF 39

400 First Street NW, Room 7012

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

Phone: 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. Terrones is unavailable, please mail correspondence to the secondary contact.

G3. Address to which remittance should be mailed: Offeror shall indicate below the complete mailing address

(including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in

Block 15A, Page 1 (Standard Form 33), they shall enter it below:

(a) Payee Name (Contractor):______________________________

(b) Check Remittance Address:

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

UNICOR FPI, Central Accounts Payable, P.O. 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.unicor.gov

Doing Business with UNICOR

Electronic Vendor Payments

Click, download form and submit with written proposal.

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 - SPECIAL CONTRACT REQUIRMENTS

This section left blank intentionally.

SECTION I - CONTRACT CLAUSES

DJU6200007936 PAGE 11 OF 39

I1. 52.202-1 Definitions (JAN 2012)

I2. 52.203-5 Covenant Against Contingent Fees (APR 1984)

I3. 52.203-6 Restrictions on Subcontracting Sales to Government (SEP 2006), Alternate I (OCT 1995)

I4. 52.204-4 Printed of Copied Double-Sided on Recycled Paper (MAY 2011)

I5. 52.212-4 Contract Terms and Conditions - Commercial Items (FEB2012)

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

I6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (APR

2012)

(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: [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).

[X ](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.)

[X ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (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).

[X ](6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (DEC 2010) (31 U.S.C. 6101 note).

[X ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C.

2313)

[X ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub.

L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole- Source Award (NOV 2011) (15 U.S.C. 657a).

DJU6200007936 PAGE 12 OF 39

[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](11) [Reserved]

[ ](12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ](13)(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 ](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (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.

[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(15 U.S.C. 644(r)).

[ ](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ](18) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](19)(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.

[ ](20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (DEC 2010)

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

[ ](21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (OCT 2000) (Pub. L.

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

[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f).

[ ](23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C. 632(a)(2)).

[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(APR 2012) (15 U.S.C. 637(m)).

[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

(APR 2012) (15 U.S.C. 637(m)).

[X ](26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

[X ](27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

[X ](28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X ](29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[X ](30) 52.222-35, Equal Opportunity for Veterans (SEP 2010)(38 U.S.C. 4212).

[X ](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[X ](32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[X ](33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X ](34) 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.)

[ ](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42

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

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

[ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](37)(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.

[X ](38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ](39) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d).

DJU6200007936 PAGE 13 OF 39

[ ](40)(i)52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (MAR 2012) (41 U.S.C. chapter 83, 19

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

[ ] (ii) Alternate I (MAR 2012) of 52.225-3.

[ ] (iii) Alternate II (MAR 2012) of 52.225-3.

[ ] (iv) Alternate III (MAR 2012) of 52.225-3.

[X ](41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X ](42) 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).

[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ](45) 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)).

[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X ](47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[X ](48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999) (31

U.S.C. 3332).

[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X ](51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[X ](1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[X ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[X ](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,et seq.).

[X ](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, 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, 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, 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) 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

DJU6200007936 PAGE 14 OF 39

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 (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii)[Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

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

(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, 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.

DJU6200007936 PAGE 15 OF 39

(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 (Dec 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 pertains 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) 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 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 (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 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.

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

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

(J) 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, et seq.).

DJU6200007936 PAGE 16 OF 39

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

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

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

(M) 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.

(N) 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.

I7. 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

I8. 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five (5) years firm fixed requirements.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail.

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

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.

I9. 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, 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 $10,000.00.

(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 two (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.

I10. 52.216-21 Requirements (OCT 1995)

DJU6200007936 PAGE 17 OF 39

(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 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 _________________ [insert date]. (End of clause)

Alternate I (Apr 1984). If the requirements contract is for non-personal services and related supplies and covers estimated requirements that exceed a specific Government activity's internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.