Soliciation_FN1477-19_Lounge_Seating.pdf

FN1477-19 Upholstery Lounge Seating

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is FN1477-19 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02. The North American Industry Classification System code is 337214. This requirement is unrestricted.

UNICOR, Federal Prison Industries, Inc., intends to enter into a one base year with four option years if exercised type contract for Upholstery Lounge Style Seating components.

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

GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) option years, if exercised, Indefinite Delivery Indefinite Quantity Type Contract for Upholstery Lounge Style Seating Components to be delivered to:

UNICOR, USP Allenwood

Federal Prison Industries

Route 15 (two miles north of Allenwood)

Allenwood, PA 17810

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

Base Year – September 1, 2019 through August 31, 2020

Option Year One – September 1, 2020 through August 31, 2021

Option Year Two – September 1, 2021 through August 31, 2022

Option Year Three – September 1, 2022 through August 31, 2023

Option Year Four – September 1, 2023 through August 31, 2024

Guaranteed Minimum is $ 10,000.00 over the duration of the contract, inclusive of any exercised option years

Solicitation number is FN1477-19 and this solicitation is issued as a Request For Proposal

(RFP).

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, Linda K. Kerr, Contracting Officer

Notes:

Offerors shall submit Section B pricing spread sheet to Linda.Kerr@usdoj.gov and the email subject line shall reference Solicitation FN1477-19. Offerors may also submit pricing via fax at 352-330-8140.

mailto:Linda.Kerr@usdoj.gov

Offers shall submit signed and dated offers to Tatea.Cavanugh@usdoj.gov and the email subject line shall reference Solicitation FN1477-19. Pricing shall not be submitted with written proposal to Mrs. Cavanaugh. Offerors may also submit proposals via fax at 352-330-8162.

All solicitations (also future procurement) and any other information (amendments, etc.) may be obtained through FedBizOps at www.fbo.gov

Questions regarding this requirement shall be addressed in writing to Linda Kerr at Linda.Kerr@usdoj.gov and Tatea Cavanaugh at Tatea.Cavanugh@usdoj.gov. At no time shall offerors contact factory or central office staff with questions regarding this solicitation. All questions MUST be addressed in writing to Linda.Kerr@usdoj.gov and Tatea.Cavanaugh@usdoj.gov. NO questions will be answered via telephone. The deadline date for submission of questions is Thursday June 6, 2019 at 10:00 am, EST. No questions will be answered after this date. Responses to questions will be answered in an amendment that will be posted to Fedbizops after June 6, 2019.

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:

Pricing to be completed on spreadsheets provided. Pricing shall include all component parts required to fully assembly the chairs in our manufacturing facility at FCC Allenwood. Pricing shall also include any enhancements to the chair. Pricing shall be formatted as a Bill of Material for an entire chair that includes vendor part number, description (including identifying any parts as structural), price of each component part and any enhancement, warranty and volume discounts.

Offers shall submit the following with the written proposal:

Patterns

Assembly Drawings

Assembly Instructions

Schematic drawings depicting a breakdown of the chair into each of its individual component parts and a cross reference to the Bill of Material so that the cost of each part can be determined.

mailto:Tatea.Cavanugh@usdoj.gov mailto:Tatea.Cavanaugh@usdoj.gov

Offerors are required to be registered in www.sam.gov in order to be considered for award.

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 same or similar in scope to this requirement.

Product descriptive literature. Offerors are to provide descriptive literature with written proposal of all products they are proposing.

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

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 337214 and size standard is 1,000 employees

DESCRIPTION/STATEMENT OF WORK

DESCRIPTION/STATEMENT OF WORK

Offerors will provide a comprehensive lounge style seating line and must demonstrate a record of actual performance or accomplishment in the manufacturing of seating. UNICOR defines lounge seating as fully upholstered units with no wood legs showing / fully upholstered or shirted of 1 seat, 2 seat and 3 seat units, that are designed and intended to maximize comfort.

Four distinct styles Traditional, Transitional, Contemporary and Privacy Lounge Seating. This seating line will become part of FPI's office seating program. As such it is critical that these lounge pieces offer a marketable combination of price, aesthetics, comfort and features to be used in offices, lounge, break areas and open space plans. The lounge pieces need to be constructed with a limited http://www.sam.gov/ amount of sku’s with shared components.

Arms / Back and Seats to be inter-changeable to create three distinct styles of seating

• Tradition / Rolled Arm

• Transition / Square Arm

• Contemporary / Flair Arm

Product need to offer long term comfort and durability. Please note: Components shall modulate with limited tools and have field replaceable components.

In addition, offerors manufacturing facilities including any subcontractors must be ISO 9001 certified or equivalent at time of submission of offers. All processes involved in the seating lines production shall be completely documented by providing the ISO certification with written proposal or equivalent at time of submission.

The various styles of seating should have a minimum structural integrity and minimum of parts and durability warranty of 10 -15 years. The definition of Structural Integrity shall also apply for purposes of the warranty under "parts and durability." Under no circumstance will Structural Integrity be considered adequate or even tolerable if the structure has a known history of failure in a manner that could contribute to injury (or has actually caused or contributed to injury) of anyone.

Offerors shall submit pricing for the following categories:

• Traditional / Rolled Arm o Single lounge

( Approximate Size Depth 30” – 34” ) (Approximate Size Width 33” – 34” ) (Approximate Size Height 30” + ) o 2 Seat Lounge (Approximate Size Depth 30” – 34”) (Approximate Size Width 60” – 71”) (Approximate Size Height 30” +) o 3 Seat Lounge

(Approximate Size Width 85” – 94”)

• Transitional / Square Arm

( Approximate Size Depth 30” – 34” )

(Approximate Size Width 60” – 71”) (Approximate Size Height 30” +) o 3 Seat Lounge (Approximate Size Depth 30” – 34”)

• Contemporary / Flair Arm

( Approximate Size Depth 30” – 34” )

(Approximate Size Width 60” – 71”) (Approximate Size Height 30” +) o 3 Seat Lounge (Approximate Size Depth 30” – 34”)

Privacy Lounge Seating

Single, double or triple lounge pieces that embrace the sense of privacy from semi

– private space to friendly seating arrangements. These units will also need to be modular in construction and have the flexibility to have field replaceable components. If possible options of power outlets and USB sockets for individuals could be incorporated to enable individuals to power their personal and work equipment. This collection can also include ottomans and benches’ units to enhance the offering and these item could also have power capability. Vendor will need to provide UL certification information and licensing if power is incorporated as an option in any of the offered items.

The proposal shall include:

• Complete Bill of Material for each chair proposed to include pricing for each component. Pricing shall be provided on attached excel spreadsheet

• Vendor part number

• Description Exploded Views of construction (including identifying any parts as structural or replacement )

• Any enhancement parts or additions or add on options shall be listed as options separate from base model

• Schematic drawings depicting a breakdown of the chair into each of its individual component parts by color finish etc.

• Product descriptive literature of all products they are proposing and would be supplying under this solicitation.

• Provide Product Drawings in CAD format (.dwgfile)

If an offeror provides information that is proprietary, it must mark that information as such on its proposal and the government will protect that information.

Product documentation will become part of this contract by contract modification as it becomes available. Any and all product changes shall be approved by OFG Senior Operations Manager, Greg Holmes or his designee prior to implementation. Offerors shall notify FPI in writing at least 30 days in advance of any proposed changes. All changes will be approved by the Senior Operations Manager and a contract modification will be issued to reflect changes to the contract. UNICOR requires 30 days’ notice to provide adequate notification to our customers of a change in future products they may order and allow our factories and Sustainability Manager time to make changes in SAP.

The ANSI/BIFMA standards are intended to provide manufacturers, specifiers, and users with a common basis for evaluating safety, durability, and the structural adequacy of the specified furniture, independent of construction materials.

The Standard for General Purpose ANSI/BIFMA X5.1-2017 Standards for Office Chairs provides the basis for the evaluation of Office Seating product performance if apical.

The assembled chair and all components must meet or exceed appropriate ANSI/BIFMA X5.1-2017 Standards for Office Chairs.

The ANSI/BIFMA X5.1-2017 Standard makes reference to worst-case-condition as well as excessive, heavy, and abusive forces. Therefore testing shall be conducted at the limits of tolerances and using worst-case conditions as allowed within the ANSI/BIFMA X5.1-2017 Standard. UNICOR shall be provided copies of testing procedures, photographs of equipment setups, calibration records, raw test data, test results, test samples, and any other information requested. In the case of a difference of opinion regarding ANSI/BIFMA X5.1-2017 UNICOR/OFG will make the final determination.

Specific ANSI/BIFMA X5.1-2017 tests:

BASE TEST STATIC TYPE I, II AND III

DROP TEST DYNAMIC TYPE I, II AND III

SEATING DURABILITY TEST CYCLIC TYPE I, II AND III

STABILITY TEST TYPE I, II AND III

LEG STRENGTH TEST FRONT AND SIDE APPLICATION TYPE I, II AND III

Test Reports:

The contractor(s) will provide, at no cost to FPI, test reports by a certified independent lab, showing compliance with all applicable ANSI/BIFMA tests.

This requirement applies to all products at the time of award and all future products added to this contract. New products will not be added to contract until satisfactory test reports have been provided in writing. The contractor(s) will be required upon contract award and written request to provide three (3) of each chairs offered under this proposal to our Sustainability Manager in Allenwood, Pennsylvania for testing at no cost to FPI.

Product Warranty: All products manufactured and/or supplied by the contractor(s) under this contract will be warranted for 10 -15 years to be free from defect in material or workmanship.

Components not manufactured by the contractor(s) are subject to the same standard applicable manufacturer's warranties. Copies of the manufacturers' warranties must be provided to FPI on all products when written proposal is submitted or after modification of awarded contract to include all new items.

For non-structural components UNICOR reserves the right to make sourcing determinations. UNICOR would generally only make sourcing determinations in the event that an awardee’s part is failing, delivered untimely, or vertically integrated. The warranty shall not be affected except for claims limited to replacement of those substitution component(s) separately acquired and / or manufactured by UNICOR in which case UNICOR will provide for warranty service.

In the event the awardee continually fails to deliver products ordered in a timely fashion, the awardee may be required to maintain consignment inventory in the future. If any inventory is held at a UNICOR factory, FPI accepts liability for damage or destruction. All offerors shall provide as part of the written proposal a consignment inventory plan which will be evaluated.

Should UNICOR propose substitution of structural component(s) a cooperative Engineering Team comprised of UNICOR's and the offeror’s technical representative(s) shall be formed. The Engineering Team shall be tasked to attempt to provide and document agreement on the proposed substitution component(s).

UNICOR will provide for warranty service for claims limited to replacement of those substitution component(s) agreed to be separately acquired and / or manufactured by UNICOR. All remaining warranty and liability shall be the responsibility of the supplier.

Training

Training: Successful offeror will be required to provide, at no cost to FPI, product training to factory and inmate staff to enable FPI to assemble the products.

Awardee will provide, at no cost to FPI ongoing product services to incorporate product changes and/or enhancements through notification and instruction of implementation with ample ramp up time for manufacturing changes.

Additionally, offerors should offer FPI the option to upgrade the products it offers in the future to maintain the marketability of UNICOR’s seating lines.

Tooling

The contractor(s) will provide any/all existing or outsource mold, tooling fixtures etc. in its commercial manufacturing/assembly/test of the products, for FPI to begin production, these items will be provided at no cost to FPI. If it is determined to be in the best interests of the Government, FPI reserves the right to produce these under this agreement.

Future Option to Vertically Integrate: FPI reserves an option to this agreement to vertically integrate including the manufacture of any chair components or subcomponents subject to any patent rights the contractor may hold. Chair components and subcomponents are all the parts and materials that make up a chair.

Offers will be required as part of written proposal to provide a list of components that can be vertically integrated.

Future Option for Rights to Jointly Developed Products: If UNICOR and the successful offeror jointly develop any new seating line, UNICOR requires the exclusive intellectual property rights to the newly manufactured seating lines developed. Intellectual property rights are defined as "copyrights, trademarks, and patents require written intellectual property licensing agreements. A licensing agreement or license is a contractual right that gives someone permission to engage in a defined activity or to use certain property, including intellectual property, that is owned by someone else. These intellectual property law regulations are essential to enforcing the owner's rights in intellectual property." For any component parts of the newly designed chair which UNICOR does not manufacture, the successful offeror must have the requisite intellectual property rights in any component parts, prior to engaging in any of these efforts with UNICOR. UNICOR will require the successful offeror to indemnify and hold UNICOR harmless from any alleged patent infringement for use of the component parts.

The product proposed for this requirement will be a desirable line that would be competitive with those items in the commercial market place. All items offered shall not infringe on any patents.

Offerors shall provide packaging and shipping instructions on how product is presently shipped to customer base. This information to be included but not limited to packaging, boxing, wrapping, labeling, box specification, size, inserts, volume and packaging inventory per chair line or model and shall be provided as part of the written proposal. Presently UNICOR has packaging contracts that may need to be modified to meet the requirements as provided by each successful offeror.

Additional Packaging: UNICOR request offeror to provide packaging materials and supplier list and shipping information so that we may ship to our customers in the same manner as the awarded offeror ships to their commercial customers. This information to include but not limited to packaging, boxing, wrapping and labeling.

This information shall not be included in the pricing of the chair components.

UNICOR presently has a packaging contract and we are looking to enhance our packaging procedures to eliminate shipping damages. Information requested is as follows: box specification, sizes, inserts, volume and packaging inventory per chair line or model.

An additional factory location may be added in the future which would be done through a contract modification signed by both parties.

PACKAGING AND MARKING

FPI 1000D PACKAGING AND MARKING

Supplement: LCL APPR

Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity. A Certificate of Conformance must accompany each shipment. ALL SHIPMENTS RECEIVED WITHOUT A

CERTIFICATE OF CONFORMANCE (COC) WILL NOT BE PROCESSED FOR PAYMENT

UNTIL A COC IS PROVIDED.

All shipments should be labeled as follows:

a. Vendor name

b. Purchase Order number and/or Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

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

Delivery hours are as follows:

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

A CERTIFICATE OF CONFORMANCE MUST ACCOMPANY EACH SHIPMENT OF THIS

ITEM OR ITEMS FOR RECEIPT AND PAYMENT.

Additional Packaging: UNICOR request offeror to provide packaging materials and vendors and shipping information so that we may ship to our customers in the same manner as the awarded offeror ships to their commercial customers. This information to include but not limited to packaging, boxing, wrapping and labeling.

This information shall not be included in the pricing of the chair components. UNICOR presently has a packaging contract and we are looking to enhance our packaging procedures to eliminate shipping damages. Information requested is as follows: box specification, sizes, inserts, volume and packaging inventory per chair line or model.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-16 Responsibility for Supplies. APR 1984

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 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: ____________________________________________

DELIVERIES OR PERFORMANCE

FPI 1000F1 DELIVERY ORDER

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 emailed to Linda.Kerr@usdoj.gov or efax 352-330-8140; or Tatea.cavanaugh@usdoj.gov or efax at 352- 330-8162

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 mailto:Tatea.cavanaugh@usdoj.gov

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery lead time is 21 calendar days from receipt of purchase order.

FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE

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:

Linda K. Kerr, Contract Specialist, UNICOR OFG, 6975 Route 59, Lewis Run, PA 16738, 814- 362-4155, fax 814-362-4151, Linda.Kerr@usdoj.gov.

SECONDARY:

Tatea R. Cavanaugh, Sr. Contracting Officer, UNICOR OFG, Central Office, 400 First Street NW, Washington, DC 20534, 202-305-7302, fax 202-353-7794, Tatea.cavanaugh@usdoj.gov

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 mailto:Tatea.cavanaugh@usdoj.gov 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 Linda Kerr at Linda.Kerr@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.

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 (+)

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

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

CONTRACT ADMINISTRATION DATA

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

(a) COR to be named at a later date is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

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

ADMINISTERED BY: This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries, McKean

6975 Route 59

Lewis Run, PA 16738

Attn: Linda K. Kerr, Contract Specialist

814-362-4155

Secondary:

UNICOR, Federal Prison Industries, 400 First Street NW

Room 7012

Washington, DC 20534, Attn: Tatea R. 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 Mrs. Kerr 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:

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 update payment information in SAM (i.e. new bank, account , routing, change in personnel ) and provide written notification of change to Linda Kerr and Tatea Cavanaugh so that we may update Offeror information in SAP. Failure to submit new information will result in delayed or non payment of product/service until information is properly updated.

SPECIAL CONTRACT REQUIRMENTS

FPI 1000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR

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 PCU PCU337214337214

(a) IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST THIS

ADJUSTMENT.

https://data.bls.gov/pdq/SurveyOutputServlet

PPI Industry Data

Series Id: PCU337214337214 Series Title: PPI industry data for Office furniture, except wood, mfg, not seasonally adjusted Industry: Office furniture, except wood, mfg Product: Office furniture, except wood, mfg https://data.bls.gov/pdq/SurveyOutputServlet

(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date). Requests that are made after the 90-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment.

Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price. Economic price increases will not be granted if the contractor has any past due orders at time of request.

(c) The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest.

Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.

(d) In computing any price adjustment, the preliminary/first-published index for the month and year of contract award will be compared to the preliminary/first-published index for the contract anniversary month of the adjustment year. This index is not seasonally adjusted. If this index is temporarily unavailable or permanently discontinued, the contracting parties shall either use the index one level up (i.e., the broader index under which the selected index was listed) or agree in writing upon a substitute index.

(e) No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10% of the original contract base price, based on the original or option period contract price; downward adjustments are not limited.

(f) Indices are available from [SOURCE/CONTACT INFO/WEB ADDRESS (for example #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.)].

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:

(b) (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)).

(c)

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

2015).

(e)

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

(g)

(h) (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)).

(i)

(j) (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:

(k)

(l) [Contracting Officer check as appropriate.] (m)

(n) _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).

(o)

(p) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509)).

(q)

(r) __ (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.)

(s)

(t) 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).

(u)

(v) __ (5) [Reserved].

(w)

(x) __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

(y)

(z) __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(aa)

(bb) _X_ (8) 52.209-6, Protecting the Government#s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.

6101 note).

(cc)

(dd) _x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

(ee)

(ff) __ (10) [Reserved].

(gg)

(hh) __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

(ii)

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

(kk)

(ll) __ (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).

(mm)

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

(oo)

(pp) __ (13) [Reserved] (qq)

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

644).

(ss)

(tt) __ (ii) Alternate I (Nov 2011).

(uu)

(vv) __ (iii) Alternate II (Nov 2011).

(ww)

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

644).

(yy)

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

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

(ccc) (ddd) _x_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

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

637(d)(4)).

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

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

(kkk)

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

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

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

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

(sss) (ttt) __ (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(uuu)

(vvv) __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (Nov 2011) (15 U.S.C. 657 f).

(www)

(xxx) _X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul

2013) (15 U.S.C. 632(a)(2)).

(yyy) (zzz) __ (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)).

(aaaa) (bbbb) __ (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)).

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

(eeee) (ffff) _X_ (26) 52.222-19, Child Labor#Cooperation with Authorities and Remedies

(Oct 2016) (E.O. 13126).

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

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

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

(mmmm) (nnnn) _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

(29 U.S.C. 793).

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

4212).

(qqqq)

_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.

__ (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).

__ (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).

__ (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 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, 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…