FN1490-20_LOCK_SOLICITATION.pdf

Terms

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 BOPCOMBOLOCK 50,000 EA 5000044497

BOP-COMBINATION-LOCK-STOCK#

Master Lock #174; No. 3670 Multi-user mechanical lock for left/right hinged doors.

00002 BOPCOMBOKEY 50,000 EA 5000044497

BOP-COMBINATION-LOCK-KEY-STOCK

Master Lock #174; No. K3630 Control key for Multi-user mechanical lock.

ML02 NEEDS TO BE INSIDE CUT ,SQUARE KEY JUST LIKE TH ML01 KEY

DJU6200008903 PAGE 2 OF 22

Request For Quote

QUANTITIES LISTED IN THE SOLCITATION ARE ESTIMATES FOR AN ESTIMATED FIVE YEAR TIME (ONE BASE PLUS 4 OPTION YEARS).

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation FN1490-20

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 LOCK and KEY delivered to El Reno OK

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

Guaranteed Minimum is $10,000 over the duration of the contract, inclusive of any exercised option years

Solicitation number is FN1490-20 and this solicitation is issued as a Request for Proposal (RFP).

FCI EL RENO OK

HWY 66 WEST

EL RENO OK 73036

THIS REQUIREMENT IS A FULL AND OPEN REQUIREMENT.

NAICS CODE 332510 Hardware Manufacturing

The following information pertains to the Standard Form 1449 Solicitation:

OMB 1103-0018

The offer acceptance period is 60 calendar days.

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

Block 31b, TIFFANI BALESTIRNI, CONTRACT SPECIALIST

Notes:

Place(s) of Delivery:

FCI EL RENO OK

HWY 66 WEST

EL RENO OK 73036

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

PA 17810

DJU6200008903 PAGE 3 OF 22

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 FN1490-20. EMAILS PROPOSALS ARE STRONGLY PERFERRED.

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

FedBizOps at www.fbo.gov

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 1, 2019 at 12:00 noon EST. No questions will be answered after this date.

CLOSING DATE AND TIME FOR THE SUBMISION OF OFFERORS FOR THE SOLICIATION IS Friday November 8, 2019 at 2:00 PM EST.

Proposals must be sumitted by this date and time.

Offers may be sent:

Via efax to 352-330-8152 email to tiffani.balestrini@usdoj.gov

Fedex or UPS to:

UNICOR

2 Miles N. of Allenwood

Allenwood PA 17810

Attn: Tiffani Balestrini

RE: FN1490-20

United States Post Office:

UNICOR

PO Box 1500

White Deer PA 17887

Attn: Tiffani Balestrini

RE FN1490-20

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

1. SAM REGISTRATION WWW.SAM.GOV

Offers shall provide the following information on their SAMS registration:

DUNS:__________________________

TIN:___________________________

STATUS:________________________

EXPIRATION DATE:_______________

2. Section B-Provide pricing on all items

3. 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.

4. DUNS NUMBER_________________

DJU6200008903 PAGE 4 OF 22

5. TIN Number __________________

6. Samples of requested items detailed in proposal.

DESCRIPTION/STATEMENT OF WORK

This solicitation will result in SINGLE award contract for A REPROGRAMMABLE LOCK AND MASTER KEY.

This is a brand name or equal requirement.

UNICOR anticipates that this contract will result in a single award for all items on solicitation.

OFFERORS MUST SUBMIT PRICING ON ALL ITEMS TO BE CONSIDERED FOR AWARD.

Line 1 BOPCOMBOLOCK-MASTERLOCK #174 NO 3670 MULTI USER MECHANICAL LOCK FOR LEFT/RIGHT HINGED DOORS

LINE 2 BOPCOMBOKEY-MASTER LOCK K3630 CONTROL KEY FOR MULTI USER MECHANICAL LOCK MUST BE KEYED TO ML02, and needs to be inside cut, square key (same design as the ML01 key)

SAMPLES ARE AS FOLLOWS:

Samples are required to be supplied by all interested offerors. Two (2) Ea. Samples of each item on the this solicitation are required to be considered for award.

SAMPLES OF THE ITEMS ARE AS FOLLOWS:

Line 1 BOPCOMBOLOCK-MASTERLOCK #174 NO 3670 MULTI USER MECHANICAL LOCK FOR LEFT/RIGHT HINGED DOORS TWO (2)

SAMPLES

LINE 2 BOPCOMBOKEY-MASTER LOCK K3630 CONTROL KEY FOR MULTI USER MECHANICAL LOCK MUST BE KEYED TO ML02, and needs to be inside cut, square key (same design as the ML01 key) TWO (2) SAMPLES

SAMPLES OF REQUESTED ITEMS MUST BE RECIEVED BY THE CLOSING DATE AND TIME OF THE SOLICITATION (FRIDAY November 8, 2019

AT 2:00 EST) TO BE CONSIDERED FOR AWARD.

SAMPLES SHOULD BE SHIPPED TO THE FOLLOWING:

UNICOR, EL RENO

HWY 66 WEST

EL RENO OK 73036

ATTN: CHRIS DAVIS

FN1490-20

ALL SAMPLES SENT MUST BE CLEARLY MARKED WITH THE FOLLOWING:

OFFERS NAME

SOLICITAITON NUMBER FN1490-20

EACH ITEMS SUMBITTED MUST BE CLEARLY LABELED WITH UNICOR PART NUMBER.

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.

DJU6200008903 PAGE 5 OF 22

END OF STATEMENT OF WORK

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 one (1) award, based upon the award listings an in accordance with Evaluation criteria listed in the solicitation.

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.

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

DJU6200008903 PAGE 6 OF 22

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

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 efax at 352-330-8265 or via email at joshua.hassler2@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 each delivery

It is anticipated that a yearly delivery schedule will be set up with monthly delivery quantities and requested dates.

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

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

DJU6200008903 PAGE 7 OF 22

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, efax 352-330-8152 email tiffani.balestrini@usdoj.gov

SECONDARY:

Joshua Hassler, Contract Specialist, efax 352-330-8265, email joshua.hassler2@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 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.

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:

5% Under delivery (-)

5% 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

DJU6200008903 PAGE 8 OF 22

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:

DJU6200008903 PAGE 9 OF 22

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 shall update SAM registration whenever any payment information is changed (i.e. new bank, account , routing

). Failure to update SAM will result in delayed or non payment of product/service until information is properly updated.

CONTRACT CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)

52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018).

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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).

___(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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

DJU6200008903 PAGE 10 OF 22

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).

_X__(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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). if full and open over simplified amount

___(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). Don't use

___(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.

_X__(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_x__(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

___(ii) Alternate I (Jan 2017) 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 (Aug 2018) of 52.219-9

___(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). Use only when setting aside for specific small businesses, (i.e. 8(a), Hubzone, Woman-Owned, etc.)

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

_x__(20) 52.219-16, Liquidated Damages-Subcontracting 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. 657f).

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

___(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 (Jan 2018) (E.O.13126).

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

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

___(ii) Alternate I (Feb 1999) of 52.222-26.

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

___(ii) Alternate I (July 2014) of 52.222-35.

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

___(ii) Alternate I (July 2014) of 52.222-36.

_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 (Jan 2019) (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).

___(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)).

___(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

DJU6200008903 PAGE 11 OF 22

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

13693). X

___(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016)

(E.O. 13693).

___(38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). While imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers and scanners) will be delivered; acquired by the contractor for use in performing services at a federally controlled facility; or finished by the contractor for use by the Government

___(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). In all solicitations and contracts when televisions will be delivered; acquired by the contractor for use in performing services at a federally controlled facility; or furnished by the contractor for use by the Government

___(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). All where Energy Star or FEMP products will be acquired

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

All for personal computer products

___(ii) Alternate I (Jun 2014) of 52.223-16. When sufficient EPEAT silver products are available to meet agency needs

_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. 552 a). Do not use for supplies

___(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. All $25,000 or more but less than $50,000

___(iii) Alternate II (May 2014) of 52.225-3. All $50,000 or more but less than $80,317

___(iv) Alternate III (May 2014) of 52.225-3. All $80,317 or more but less than $100,000

_X__(48) 52.225-5, Trade Agreements (Aug 2018) (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). All

___(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 (Oct 2018) (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).

__X_(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___(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.

___(iii) Alternate II (Feb 2006) 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

DJU6200008903 PAGE 12 OF 22

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 (Aug 2018) (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) (Aug 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). In solicitations and contracts that include the clause at 52.222-6. Construction Wage Rate Requirements, or 52.222-41, ___(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).

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(v) 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.

DJU6200008903 PAGE 13 OF 22

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

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

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

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

(xix)

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

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

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

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

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

10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause"..

Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector

General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

1553 of Pub. L. 111-5).

DJU6200008903 PAGE 14 OF 22

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

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

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

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

(H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793).

(I) 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.

(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).

(K) _x__(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(L) 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).

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

Services-Requirements (May2014) (41 U.S.C. chapter 67).

(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

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

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

(Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3. Do not use Alternate 1 to 52.212-5; applies when head of agency has waived examination of records by Comptroller General. Alternate II to 52.212.5 applies when using funds from American

Recovery & Reinvestment Act of 2009 (P.L. 111-5)

(R) 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).

(S) 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.

(T) 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.

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 _1 BASE PLUS 4 OPTION 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

52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of 250 each for a single line item; (b)(1) max delivery order for a single item in excess of 5000 each; (b)(2) any order for a combination of items in excess of

20000 each, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship;

DJU6200008903 PAGE 15 OF 22

52.216-22, 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 Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after delivery time calendar days after contract validity end date;

52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) (By Reference).

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __60_days__];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least

__60___ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

____5 YEARS.

52.229-3 Federal, State, and Local Taxes. (Feb 2013);

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);

52.247-34, F.O.B. Destination, (Nov 1991) delivery shall be FOB destination to UNICOR address.

UNICOR El Reno

HWY 66 West

El Reno, OK 73036

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):

___________www.acquisition.gov__________________

52.252-6, Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal

Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DJU6200008903 PAGE 16 OF 22

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 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. (Full Text) all

DJU6200008903 PAGE 17 OF 22

PROVISIONS

52.204-7, System for Award Management (Oct 2018)

52.211-6, Brand Name or Equal (AUG 1999);

52.212-1, Instructions to Offerors - Commercial Items (OCT 2018);

52.212-2, Evaluation - Commercial Items (OCT 2014), significant evaluation factors are past performance, technical factors and price. Past performance and technical factors are significantly more important than price. Quality, delivery, and customer service will be evaluated under past performance. The Government may make award without discussions; therefore, the offeror's initial offer should contain their best pricing. Award will be based on the best value to the Government considering the evaluation factors listed above. Best value may be determined using tradeoffs among the evaluation factors, so that award may be made to other than the lowest-priced or highest technically-rated proposal. Please note that all offers which fail to furnish required representations and certifications or past performance information or reject the terms and conditions of the solicitation may be excluded from consideration for award;

52.212-3, Offeror Representations and Certifications - Commercial Items. (OCT 2018)

In accordance with FAR…