solicitation_doc_for_review.pdf

Terms

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

VENDOR'S DUN & BRADSTREET NUMBER:_______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

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

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

_______________________________________________ Signature

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 MIR0022 3,000 EA 5000042602

1/8"X12"X20",PLEXIGLASS-MIRROR,SYM/CON*

UNICOR PART NUMBER:MIR0022

DESCRIPTION:MIRROR SIZE:1/8"X 12" X 20"

INDUSTRIAL GRADE,PLEXIGLASS

NOTE:ALL 4 CORNERS TO HAVE 1/8" RADIUS

00002 GLS0015 2,000 EA 5000042602

GLS,CLEAR,TEMPERED,3/16"X12-3/16"X47-1/8"

SANDED EDGE

UNICOR PART NUMBER:GLS0015

DESCRIPTION:GLASS DOOR

SIZE:3/16"T.X 12-3/16"X 47-1/8"

CLEAR, TEMPERED, WITH SANDED EDGES.

DIMENSION TOLORANCE: 1/8"

00003 GLS0019 25 EA 5000042602

GLS,CLEAR,TEMPERED,3/16"X10-5/8X12-3/16",*

SANDED-EDGE

UNICOR PART NUMBER:GLS0019

DESCRIPTION:GLASS DOOR

SIZE:3/16"X10-5/8X12-3/16"

CLEAR,TEMPERED GLASS WITH SANDED EDGES

DJU6200008819 PAGE 2 OF 40

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

00004 GLS0045 2,500 EA 5000042602

GLS,CLEAR,TEMPERED,1100MMX310MMX3/16"SANDED EDGE

NO WRITING ON GLASS

UNICOR PART NUMBER:GLS0045

DESCRIPTION:GLASS DOOR

SIZE:1100MMX310MMX3/16"

CLEAR, TEMPERED, WITH SANDED EDGES.

DIMENSION TOLORANCE: 1/8"

00005 GLS0091 500 EA 5000042602

DOOR,GLASS,585MMX310MMX3/16"T

,WWD

NO WRITING ON GLASS

SANDED EDGE

UNICOR PART NUMBER GLS0091

DESCRIPTION: GLASS DOOR

SIZE: 585MMX310MMX3/16"

CLEAR TEMPERED, WITH SANDED EDGES

DIMENSION TOLERANCE 1/8"

DWG#WWD040600-159

00006 GLS2481 500 EA 5000042602

3/16"X19-5/8"X29-1/2",TEMP,BRONZ,3/16"R*

,PENCIL-POLISHED-EDGE

DJU6200008819 PAGE 3 OF 40

QUANTITIES LISTED IN THE SOLCITATION ARE ESTIMATES FOR A FIVE YEAR TIME. THE BASE YEAR PLUS 4 OPTION YEARS.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation FN1462-18

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 SINGLE AWARD FOR ONE (1) base year with four

(4) one year option years, if exercised, Indefinite Delivery Indefinite Quantity Type Contracts for GLASS AND MIRROR

FOR for the following locations

FCC FORREST CITY AR

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

Guaranteed Minimum is $5,000 over the duration of the contract, inclusive of any exercised option years

Solicitation number is FN1462-18 and this solicitation is issued as a Request For Proposal (RFP).

UNICOR, FCC FORREST CITY

1400 DALE BUMPERS ROAD

FORREST CITY AR

THIS REQUIREMENT IS A FULL AND OPEN REQUIREMENT. NAICS CODE 327215.

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 BALESTRINI, CONTRACT SPECIALIST

Notes:

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. Offerors may also submit proposals via fax at 352-330-8152 or email to tiffani.balestrini@usdoj.gov Email proposal shall be sent as an Adobe PDF file. The email subject line must state the Solicitation number FN1462-18. For email and fax proposals. EMAILED PROPOSALS ARE STRONGLY PERFERRED.

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

FedBizOps at www.fbo.gov

DJU6200008819 PAGE 4 OF 40

ANY QUESTIONS REGARDING REQUIREMENTS LISTED, SPECIFICATION OR THE SOLICITATION PROCESS ARE TO BE ASKED in writing to

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

The deadline date for submission of questions is Friday NOVEMBER 9, 2018 at 8:00 AM EST No questions will be answered after this date and time.

CLOSING DATE AND TIME FOR THE SUBMISION OF OFFERORS FOR THE SOLICIATION IS Friday November 16, 2018 AT 2:00 PM EST.

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

1. SAM REGISTRATION WWW.SAM.GOV

2. ACH Form (part of solicitation document. Only need to submit if currently not supplying UNICOR products)

3. Section B-Provide pricing for line items

4. 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.

5. DUNS NUMBER_________________

6. TIN Number __________________

7. ISO Certification or equivelant of your firms qualilty procedures***

8. Green Requirements- products green qualities (recycled content, CARB Certification, FSC Certification etc)

9. Pricing Spreadsheet

10. Samples of requested items for evaluation for quality, and ability to meet UNICOR specificaitons and drawings.

***If your firm is not ISO Certified or does not currently carry any sort of Green Certification it does not mean that your firm 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 327215

Glass Product Manufacturing Made of Purchased Glass.

SECTION C - DESCRIPTION/STATEMENT OF WORK

This soliciation will result in a single award contract for various types of Glass and Mirror Products to be used in the construction executive office furniture.

DJU6200008819 PAGE 5 OF 40

REQUIRED SAMPLES:

A SAMPLE WILL BE REQUIRED TO BE SUBMITTED ACCORDING TO THE FOLLOWING:

REQUIRED SAMPLES:

1 ea GLS0015 GLS,CLEAR,TEMPERED,3/16"X12-3/16"X47-1/8

1 ea GLS0045 GLS,CLEAR,TEMPERED,1100MMX310MMX3/16"

1 ea GLS0091 DOOR,GLASS,585MMX310MMX3/16"T

1 ea GLS2481 3/16"X19-5/8"X29-1/2",TEMP,BRONZ,3/16"R

1 ea MIR0022 1/8"X12"X20",PLEXIGLASS-MIRROR,SYM/CON

ALL SAMPLES MUST BE RECIEVED BY THE CLOSING DATE AND TIME OF THE SOLICITATION (November 16, 2018 AT 2:00 EST) TO BE

CONSIDERED FOR AWARD.

ALL SAMPLES SENT MUST BE CLEARLY MARKED WITH THE FOLLOWING:

OFFERS NAME

SOLICITAITON NUMBER FN1462-18

EACH SAMPLE ITEMS SUMBITTED MUST BE CLEARLY LABELED WITH THE FOLLOWING

1. UNICOR PART NUMBER

2. YOUR FIRMS NAME

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

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

ACCEPTED.

IF YOU CURRENTLY ARE THE SUPPLIER OF THE PRODUCTS LISTED IN THIS SOLICITATION, YOU ARE NOT REQUIRED TO SUBMIT SAMPLES

OF THOSE PRODUCTS, UNLESS YOU ARE PROPOSING SUPPLYING A PRODUCT THAT IS DIFFERENT THAN THE PRODUCT CURRENTLY BEING

SUPPLIED.

ALL SAMPLES WILL BE SUPPLIED AT NO COST TO UNICOR AND WILL NOT BE RETURNED.

NOTE: UNICOR may add other factories and/or materials to contract at a later date through a modification to the awarded contract. This is a single award solicitation. It is anticipated that this solicitation will result in a single award, in accordance with Section M of the solicitation.

UNICOR anticipates that this contract will result in single award. PRICING MUST BE PROVIDED FOR ALL ITEMS TO BE

CONSIDERED FOR AWARD.

The closing date for this solicitation is 2:00 pm EST Friday NOVEMBER 16, 2018 at 2:00 pm . PROPOSALS must be provided by this date and time. Offers may be sent via fax to 352-330-8152 OR VIA EMAIL TO

TIFFANI.BALESTRINI@USDOJ.GOV

or via FEDEX or UPS to:

UNICOR

Route 15, 2 Miles N. of Allenwood

Allenwood PA 17810

Attn: Tiffani Balestrini

RE: FN1462-18

Or via United States Postal Service to:

UNICOR

PO BOX 1500

DJU6200008819 PAGE 6 OF 40

White Deer, PA 17887

Attn: Tiffani Balestrini

RE FN1462-18

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.

Shipments shall be tarped, and water tight. No wet product will be accepted, and will be removed at successful offerors expense. All products shall be packaged to deliver safely and without damage. Failure to do so will result in returning product at your expense.

All shipments should be labeled as follows:

a. Vendor name

b. Purchase Order number and/or Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

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

Delivery hours are as follows:

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

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

Due to the fragile nature of the product (glass), product must be packaged and shipped in a manner that protects against breakage. UNICOR will inspect deliveries and notify the successful offeror of any visible damage. Successful offer will be required to either provide replacements for damaged/broken items, or issue credit for the number of damaged pieces.

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

DJU6200008819 PAGE 7 OF 40

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

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

Order confirmation containing the following information must be faxed to 570-547-0371 or efax at 352-330-8152 or via email at Tiffani.Balestrini@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

Delivery lead time on all award lots will be 14 days for all orders placed, unless otherwise noted

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

DJU6200008819 PAGE 8 OF 40

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, 570-547-1990 x4669, fax 570-547-0371, efax 352-330-8152, email

Tiffani.Balestrini@usdoj.gov

SECONDARY:

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

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

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 5% per 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 Tiffani Balestrini at tiffani.balestrini@usdoj.gov

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

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

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

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

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

(b) The permissible variation shall be limited to:

10% Under delivery (-)

10% Over Delivery (+)

DJU6200008819 PAGE 9 OF 40

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

All COR's are TBD at a later date.

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

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

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

ADMINISTERED BY: This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries

Route 15, 2 Miles N. of Allenwood

Allenwood, PA 17810

Attn: Tiffani Balestrini, Contract Specialist

570-547-1990 x4669

SECONDARY:

UNICOR, Federal Prison Industries, 400 First Street NW

Room 7012

Washington, DC 20534, Attn: Tee 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. Balestrini is unavailable, please mail correspondence to the secondary contact.

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

(a) Payee Name (Contractor):__________________________________

(b) Check Remittance Address:

DJU6200008819 PAGE 10 OF 40

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

UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 11849, LEXINGTON KY 40578-1849

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

ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.

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

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

Vendor Payment

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

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

SECTION H

SPECIAL CONTRACT REQUIRMENTS

FPI 1000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR

(a) Twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period may be adjusted in accordance with the change in PRODUCER PRICE INDEX

PCU327215327215 IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST THIS ADJUSTMENT.

(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date). Requests that are made after the 90-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price. Economic price increases will not be granted if the contractor has any past due orders at time of request.

(c) The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest. Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.

(d) In computing any price adjustment, the preliminary/first-published index for the month and year of contract award will be compared to the preliminary/first-published index for the contract anniversary month of the adjustment year.

This index is not seasonally adjusted. If this index is temporarily unavailable or permanently discontinued, the contracting parties shall either use the index one level up (i.e., the broader index under which the selected index was listed) or agree in writing upon a substitute index.

(e) No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract

DJU6200008819 PAGE 11 OF 40

period, including any option periods, shall not exceed 10% of the original contract base price, based on the original or option period contract price; downward adjustments are not limited.

(f) Indices are available from [SOURCE/CONTACT INFO/WEB ADDRESS (for example #PPI data can be obtained from the Bureau of Labor Statistics website, by emailing the PPI at ppi-info@bls.gov, or by calling (202) 691-7705.)].

ECTION I - CONTRACT CLAUSES

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

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items (1/2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282)

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

__ (5) [Reserved].

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

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

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

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

DJU6200008819 PAGE 12 OF 40

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

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

2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DJU6200008819 PAGE 13 OF 40

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.1803.)

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

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

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

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

13693).

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

2016) (E.O. 13693).

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

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

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

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

DJU6200008819 PAGE 14 OF 40

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2307(f)).

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

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

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

3332).

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

DJU6200008819 PAGE 15 OF 40

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DJU6200008819 PAGE 16 OF 40

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii)

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

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, DJU6200008819 PAGE 17 OF 40

Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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.

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.

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

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

DJU6200008819 PAGE 18 OF 40

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).

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 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 tiffani.balestrini@usdoj.gov

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 ea per delivery order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(2) Any order for a combination of items in excess of 1000 EA

(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.

DJU6200008819 PAGE 19 OF 40

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

(MAY 2011)

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.

52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/loadmainre.html.

2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the

Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the

Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency

Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the

DJU6200008819 PAGE 20 OF 40

protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

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

52.217-5 EVALUATION OF OPTIONS (JULY 1990)

52.217-6 Option for Increased Quantity (AUG 1996)

52.242-13 Bankruptcy (MAR 1989)

52.227-3 Patent Indemnity (Apr 1984)

(a) The…