FINAL SOLICITATION FOR FN1507-21 - 10-30-2020.pdf

SOLICITATION FOR FN1507-21

SYSTEMS FURNITURE PARTS AND COMPONENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly- owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody.

UNICOR operates approximately 80 factories in over 62 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.

Interested offeror(s) shall read the solicitation in its entirety prior to submission of any questions. All questions shall be submitted in writing to Linda Kerr at Linda.Kerr@usdoj.gov and Peyton Perry @ at Peyton.Perry@usdoj.gov by Thursday November 5, 2020 at 10:00 am Eastern Standard Time. No questions will be answered verbally. No questions may be submitted after November 5, 2020 at 10:00 am Eastern Standard Time. An amendment will be issued after November 5, 2020 with answers to all questions received before the deadline date for questions.

GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) one year option years if exercised, Indefinite Delivery Indefinite Quantity Type Contract for systems furniture components and desk-based products.

This solicitation is Unrestricted.

SUBCONTRACTING PLAN: Large Businesses submitting a proposal are required to submit their subcontracting plan as part of their proposal by the scheduled closing date and time.

Failure to submit a subcontracting plan may result in the proposal being found technically unacceptable and may not be considered for further evaluation. Registration is to be completed at www.ESRS.gov.

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

NAICS Code 337211 Business Size Standard is 1000 employees

The following information pertains to the Standard Form 1449 Solicitation:

0MB 1103-0018

The offer acceptance period is 120 calendar days.

mailto:Linda.Kerr@usdoj.gov mailto:Peyton.Perry@usdoj.gov http://www.esrs.gov/

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

Block 31b, Linda K. Kerr, FPI Supervisory Contract Specialist

THIS CONTRACT HAS A YEARLY ECONOMIC PRICE ADJUSTMENT INCLUDED IN IT

(SEE SECTION H) TO ADJUST PRICING YEARLY BASED ON MOVEMENT OF THE

PRODUCER PRICE INDEX.

NOTE: UNICOR may add product to the contract at a later date through a modification to the awarded contract. UNICOR may add additional locations to the contract at a later date through a modification to the awarded contract.

All solicitations (also future procurement) and any other information (amendments, etc.)

may be obtained through https://beta.sam.gov.

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

Complete the registration in SAM https://www.sam.gov. 52.204-7 System for Award Management (October 2018).

Section B: Provide pricing on all products utilizing the attached spreadsheet. An electronic copy must be submitted to Linda.Kerr@usdoj.gov by the offer closing date and time listed on the SF1449. To be considered for award, the proposal must comply in all material respects with the request for proposal. Such compliance enables offeror(s) to stand on an equal footing and maintain the integrity of the bidding process.

Contractors may offer price reduction at any time during the contract period.

Offeror(s) shall state the complexity of each item proposed for this solicitation; therefore, a copy of the installation instructions shall also be provided as part of the written proposal.

Offeror(s) shall provide the following information:

• Bill of material to reflect the lines of systems components furniture being proposed for this solicitation to meet the criteria as stated in the attached Section B and the typicals provided to include:

• Monolithic (A)

• Monolithic (B)

• Monolithic (C)

• Monolithic (D)

• Freestanding Modular Desking (A)

• Freestanding Modular Desking (B) https://www.sam.gov/

• Segmented (B)

• Segmented (C)

• Segmented (D)

• Freestanding with Legs (A)

• Freestanding with Legs (B)

• Freestanding with Legs (C)

• Benching (A)

• 3D renderings of all proposed products

• Descriptive Literature

• Specifications

Offeror(s) must demonstrate whether the product offered is on GSA schedule. If product is on GSA schedule, offer must please provide GSA contract number and current GSA Pricing for item(s) proposed. Pricing must be consistent or better than catalog pricing.

BEST COMMERCIAL CUSTOMER CATEGORY:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will:

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, and/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The offeror(s) shall propose price reduction to UNICOR with the same effective date, and for the duration of the contract period as extended to the commercial customer

(or category of customers).

Offers shall be filled out, executed, and submitted in accordance with the instructions in the proposal.

Award on the proposal will result in a binding contract with terms and conditions that do not vary from the terms and conditions of the proposal.

Offeror's DUNS and TIN numbers must match your information on www.sam.gov DUNS Number:

TIN Number:

SECTION C - STATEMENT OF WORK

GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) one year option years if exercised, Indefinite Delivery Indefinite Quantity Type Contract for systems furniture components and desk-based products.

UNICOR Office Furniture Group has a contract requirement for Modular/ Systems furniture, to satisfy new and existing customer requirements. Our customers frequently reconfigure/upgrade or add to existing furniture requirements all components and products must meet form, fit and function in today ergonomic office / work environments.

UNICOR will continue to offer a combination of products and services in order to design and outfit the workspaces of Federal agencies and the Department of Defense. It is intended that customers will be able to pick any variety of products or services that meet their needs.

Product: Generally, the products that UNICOR would be offering are listed below:

Movable/Demountable Walls - versatile components that can be incorporated into a systems environment or can be installed from floor to ceiling to form offices. Options include a variety of finishes, transparent or translucent panel featuring built in marker board(s) or slat wall tiles, as well as doors option, sliding or traditional swing etc but not limited. These walls are contemporary in appearance, and easy to design.

Privacy Screens/Panels – easily reconfigured by creating and defining actual personal space movable components that come in a variety of sizes width and heights and configurations.

Freestanding panel screen options that can be moved easily by hand without tools, in a variety of configurations and available in a variety of options, acoustical, tack able, marker and magnetic faces. These will need to complement system panel heights and widths. May be free standing, fastened to work surfaces, or from the supporting structure from work surfaces. These can be used as modesty or screen option both fixed and movable, multiple http://www.sam.gov/ options of tack board, marker board, and magnetic options plus accessories.

Power options independent of panels to bring both communication and power to freestanding desks / tables or panels, these freestanding elements can be a freestanding component that can be daisy chained and bring power from the source to multiple locations.

Work surfaces (hanging, mounting options- i.e., leg cantilever options open frame or perforated frame for ventilation below worksurface. Work surfaces may be a floor supported or panel supported work surfaces in a variety of conditions straight, 90 degrees and 120 degrees corner conditions, etc. Worksurfaces will be available in a variety of finishes, and shapes rectangular, angular or curvi-linear, and may include privacy screens and add on storage options, both overhead and under counter, flip up, sliding doors or open storage options that can be wall mounted or panel supported. Accommodates technology demands, including electrical needs, at base and counter height, provide wire management options to conceal wiring, computer cable, fiber optics, CAT5 etc. Options may include nesting tables, conferencing ends, etc. UNICOR presently manufactures a variety of system products lines.

Storage Component Products - includes a wide variety of products including overhead bins, mobile and stationary pedestals, mounting should include on module or off module above a below work surfaces, stackable cubicle group storage options and filing, storage cabinets, kiosk / storage and wardrobe/storage cabinets that will be incorporated into the workspace. Product options may include a variety of finishes (paint, laminate, veneer, fabric, etc.). UNICOR presently has contracts for powder paint, laminate, veneer and fabric. These requirements will not be part of this award.

Sneeze Guard options for existing system, newly proposed product and work surfaces.

Note: UNICOR’s presently has a contract for task lighting therefore, it will not be part of this award.

Product offerings, when configured, create collaborate work spaces allowing for a variety of different workspace options that can support the tasks at hand or be easily reconfigured to meet future requirements. Add on options of acrylic panel or glass tops incorporated in top of panels where possible.

Miscellaneous Office Enhancements - a variety of products that increase the utility of systems furniture including tool rail option incorporated into panel to handle paper management, tack boards and mobile privacy screens.

Each offeror shall provide products that shall complement UNICOR's existing systems products both freestanding panel system as well as a benching solution or be able to combine existing products with new offering that is complementary in addition to offering best selling systems offerings. Offeror(s) shall propose their bestselling systems components in the current commercial market and shall provide many choices for customer selection.

Each offeror shall provide their own interpretation of systems furniture components for this award based on your firm's top sellers in the current market.

UNICOR will require the successful offeror(s) to provide UNICOR with at least six (6) months advanced notice for changes in component parts. Each new component part cannot be more expensive than the component part it is replacing. All offerors shall submit a complete bill of material that includes vendor part number, description, quantity required, unit price and extended price of each component part. Failure to submit completed Bill of materials and pricing may disqualify offerors from consideration. A sample bill of material is provided in the solicitation. FPI's intention is to make multiple awards. Multiple awards will allow FPI to offer our customer a new product not previously in our collection, which may result in increased sales.

Product is to be delivered FOB Destination to the following UNICOR locations:

UNICOR Ashland, State Route 716, Ashland, KY 41101

UNICOR Coleman, 846 NE 54th Terrace, Coleman, FL 33521

UNICOR Forrest City, 779 SFC 806, Forrest City, AR 72335

UNICOR Milan, 4002 East Arkona Road, Milan, MI 48160.

UNICOR may add other locations to the contract at later date through a modification to awarded contract(s).

During the term of this contract, UNICOR may expand its offering of systems componentry. If UNICOR defines a need for a systems product that was not included in the award, but meets this solicitation's specifications, UNICOR will modify the awarded contract(s) after market research has been conducted. However, UNICOR is not obligated to purchase additional product from the Contractor(s) unless it is determined to be in the Government's best interest. Under no circumstance will additional products be awarded to the Contractor(s) if prices or volumes are determined to be unreasonable.

UNICOR, Office Furniture Group has BIFMA level ® certification for its Milan, MI facility and may seek certification for other lines at a later date. To assist with BIFMA e3/level certification, UNICOR is soliciting offerors that will provide components from products having a Level 1 Certification and includes but is not limited to: Indoor Air Quality Certification; Recycled Content; Energy and Water Impacts.

GREENGUARD Certification is an internationally recognized product emissions certification labeling program for manufacturers of low-emitting indoor products, furnishings, and materials.

UNICOR is soliciting offerors that will provide components that are Green guard Certified.

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 typicals lines production shall be completely documented by providing the ISO certification with written proposal. If offerors are not ISO certified they must submit an equivalent to the ISO certification at time of submission of offer.

The period of performance is one base year with four one year options if exercised.

BASE YEAR - April 1, 2021 through March 31, 2022

OPTION YEAR 1- April 1, 2022 through March 31, 2023 OPTION YEAR 2- April 1, 2023 through March 31, 2024 OPTION YEAR 3- April 1, 2024 through March 31, 2025 OPTION YEAR 4- April 1, 2025 through March 31, 2026

The period of performance may vary depending on actual award date but will not occur prior to April 1, 2021.

Solicitation quantities are estimated for the base year and option years. Estimated quantities are 1,000 EA for each typical.

Solicitation number is FN1507-21 and this solicitation is issued as a Request for Proposal

(RFP). All components shall be available:

14 Calendar Days after receipt of delivery order.

Go Backs – 7 calendar days after receipt of delivery order. Go Backs are missing items discovered on an installation or missing parts from an original order that are needed to complete a job. These items will be issued on a separate delivery order with a 7 calendar day delivery after receipt of order.

Offers shall provide price break quantities for each item proposed.

Offerors included in the competitive range may be required to submit a mock up that shall contain at a minimum:

6' x 6' workstation

Storage

Worksurface

Varying height panels

Any other unique features/accessories offered by your firm

Technical Evaluation Board

UNICOR will assemble a technical evaluation board to review all proposals in accordance with the evaluation factors specified herein. Award will be made to the offeror(s) submitting the proposal that is determined to be the best overall value to the Government. The Government will evaluate each proposal strictly in accordance with its content and will not assume that performance will include areas not specified in the offeror's proposal.

Descriptive literature, specifications and typical will be used in the evaluation process to evaluate form, fit and function.

In addition, it shall be contemporary in design and allow for vertical integration by

UNICOR.

If UNICOR makes a determination to have offerors provide a mock up they may or may not be returned to offeror(s). All mock ups provided will be at no charge to the Government.

Transportation

UNICOR OFG is committed to reducing the impact that transportation of goods has in the environment by improving fuel efficiency and decreasing air pollution. OFG embraces good environmental stewardship and thus encourages our suppliers to use EPA approved SmartWay® carriers by a company will be considered favorably in cases where two or more respondent companies are equivalent in mandatory criteria.

Green Guard Certification, BIFMA E-3 or equivalent - Offeror(s) are required to submit copies of Greenguard or BIFMA E-3 certificates with written proposal.

Engineering Change Notices

Engineering change notices shall be sent to UNICOR 90 calendar days prior to anticipated implementation and shall be implemented ONLY after written approval is provided to the offeror from UNICOR Contract Officer/ Specialist. Engineering change notices SHALL be sent by Offeror to:

UNICOR Contract Specialist

Peyton Perry – Contracting Officer, UNICOR, FCC Coleman, 352-689- 4068, Peyton.Perry@usdoj.gov (Coleman and Milan ECN’s)

Joshua Hassler – Contracting Officer, UNICOR, FCC Forrest City, 870-630-6000 x1138, Joshua.Hassler2@usdoj.gov (Ashland and Forrest City ECN’s)

Anthony Green – Contracting Officer, UNICOR, FCI Tallahassee, 850-878- 2173, Anthony.Green2@usdoj.gov (Allenwood and Beckley ECN’s)

Linda K. Kerr, FPI Supervisory Contract Specialist, UNICOR, FCI McKean, 814-362- 4155, Linda.Kerr@usdoj.gov

Clarice Bailey, Contracting Officer, UNICOR, FCC Coleman, 352-689- 5099, Clarice.Bailey@usdoj.gov (Installs - OFMP)

UNICOR’s Senior Operations Manager

Mike Smith (Coleman, El Reno, and Milan) Senior Operations Manager

UNICOR/OFBG

Office: (352) 689-4271 michael.d.smith2@usdoj.gov

Greg Holmes (Ashland, Allenwood, Beckley and Forrest City) Senior Operations Manager

UNICOR/OFBG

Office: (570)-547-0331 Greg.Holmes@usdoj.gov

UNICOR’s Product Support Center

Jason M. Worhach Chief of OFG Product Support Center Office (570)-547-0963 X 6321 Jason.Worhach@usdoj.gov

UNICOR’s Chief of Sales

Tatea Cavanaugh Chief of Sales

Office (202)-305-7302 Tatea.cavanaugh@usdoj.gov mailto:Joshua.Hassler2@usdoj.gov mailto:Anthony.Green2@usdoj.gov mailto:Linda.Kerr@usdoj.gov mailto:Clarice.Bailey@usdoj.gov mailto:michael.d.smith2@usdoj.gov mailto:Greg.Holmes@usdoj.gov mailto:Jason.Worhach@usdoj.gov mailto:Tatea.cavanaugh@usdoj.gov

UNICOR will have 30 calendar days from time of receipt of notification to advise offeror of the acceptance of the ECN. UNICOR will provide written notification of its intent to retain old inventory or send back to offeror for an even exchange of the replacement parts. Engineering changes shall not increase the price of the raw material item(s) being replaced. New parts shall be priced the same or less than the item(s) they are replacing. In the case of the parts being discontinued and no longer needed, UNICOR shall return remaining stock to offeror to receive a credit within 7 calendar days of receipt of returned product. UNICOR will not be charged a restocking fee.

Offeror shall submit with proposal a letter as to the point(s) of contact(s): Name, Title, Phone Number, and Email of the person(s) that can legally bind the company and will be responsible for signing offer(s), proposal(s), amendments, awards and modifications.

SECTION D - PACKAGING AND MARKETING

D.1 FPI 1000D PACKAGING AND MARKING

Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to ensure 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 (COC) must accompany each shipment. ALL SHIPMENTS RECEIVED

WITHOUT A 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 Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

Warehouse at respective factory should be notified 24 hours prior to delivery to schedule delivery time.

Delivery hours are as follows:

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

A COC MUST ACCOMPANY THE SHIPMENT OF THIS ITEM OR ITEMS FOR

RECEIPT AND PAYMENT.

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 52.246-15 Certificate of Conformance

As prescribed in 46.315, insert the following clause in solicitations and contracts for supplies or services when the conditions in 46.504 apply:

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 Government's 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 Contractor's 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 (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. 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 Contractor's expense.

(d) The certificate shall read as follows:

I certify that on [insert date], the [insert Contractor's 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: ____________________________________________

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

Fl. 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development

(SEP 2000)

52.211-11 Liquidated Damages-Supplies, Services, or Research and Development.

As prescribed in 11.503(a), insert the following clause in solicitations and contracts:

Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

(a) 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 of 10% per calendar week of the total cost of each line item delayed.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed- Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

https://www.acquisition.gov/far/part-11#FAR_11_503

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 Primary Contract Specialist Peyton Perry, at Peyton.Perry@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 in writing of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis.

F.2 FPI lOOOF1 DELIVERY ORDER

Orders shall customarily be made by fax. Written Order confirmation by successful offeror(s) must be made within 24 hours of order receipt.

Order confirmation containing the following information must be faxed or emailed to the issuing contracting officer. The fax/email information for order confirmation will be provided with delivery order.

a. Date of order

b. Contract number and order number

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

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery shall be 14 calendar days after receipt of order. The period of performance for this contract will be from the date of award through one base with four options years if exercised.

Go Backs – 7 calendar days after receipt of delivery order. Go Backs are missing items discovered on an installation or missing parts from an original order that are needed to complete a job. These items will be issued on a separate delivery order with a 7 calendar day delivery after receipt of order.

Orders must be acknowledged by the offeror by signing and dating blocks 30 a, 30 b and 30 c within 24 hours of receipt of order via efax or email to the contracting officer placing the order. Order acknowledgements shall be sent to the appropriate contracting officer at the information below:

Peyton Perry – Contracting Officer, UNICOR, FCC Coleman, 352-689-4068, e-fax 352-330- 8387, Peyton.Perry@usdoj.gov

Joshua Hassler – Contracting Officer, UNICOR, FCC Forrest City, 870-630-6000 x1138, e-fax 352- 330-8265, Joshua.Hassler2@usdoj.gov

Anthony Green – Contracting Officer, UNICOR, FCI Tallahassee, 850-878-2173, e-fax 352- 330- 8015, Anthony.Green2@usdoj.gov

Linda K. Kerr, FPI Supervisory Contract Specialist, UNICOR, FCI McKean, 814-362-4155, e-fax 352-330-8140, Linda.Kerr@usdoj.gov

Clarice Bailey, Contracting Officer, UNICOR, FCC Coleman, 352-689-5099, e-fax 352-330- 8388, Clarice.Bailey@usdoj.gov

F.3 FPI I000F2 TIME OF DELIVERY/DELIVERY

SCHEDULE Supplement: LCL APPR mailto:Peyton.Perry@usdoj.gov mailto:Joshua.Hassler2@usdoj.gov mailto:Anthony.Green2@usdoj.gov mailto:Clarice.Bailey@usdoj.gov

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:

Peyton Perry – Contracting Officer, UNICOR, FCC Coleman, 352-689-4068, e-fax 352-330- 8387, Peyton.Perry@usdoj.gov

SECONDARY:

Joshua Hassler – Contracting Officer, UNICOR, FCC Forrest City, 870-630-6000 x1138, e-fax 352- 330-8265, Joshua.Hassler2@usdoj.gov

Anthony Green – Contracting Officer, UNICOR, FCI Tallahassee, 850-878-2173, e-fax 352- 330- 8015, Anthony.Green2@usdoj.gov

Linda K. Kerr, FPI Supervisory Contract Specialist, UNICOR, FCI McKean, 814-362-4155, e-fax 352-330-8140, Linda.Kerr@usdoj.gov

Clarice Bailey, Contracting Officer, UNICOR, FCC Coleman, 352-689-5099, e-fax 352-330- 8388, Clarice.Bailey@usdoj.gov

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

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

(b) The permissible variation shall be limited to: -0% / + 5 %

This increase or decrease shall apply to each delivery order.

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as -

(1) The total contract quantity;

(2) Item 1

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or mailto:Joshua.Hassler2@usdoj.gov mailto:Anthony.Green2@usdoj.gov mailto:Clarice.Bailey@usdoj.gov

(5) The total quantity of each item without regard to destination.

F.5 52.247-34 F.o.b. Destination. NOV 1991

SECTION G - CONTRACT ADMINISTRATION DATA

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

(a) [To be named at a later date] is hereby designated to act as Contracting Officer's Representatives (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.

G2. This contract will be administered by:

PRIMARY:

UNICOR FPI McKean

6975 Route 59

Lewis Run, PA 16738

Attn: Linda K. Kerr, Supervisory Contract Specialist

Email: Linda.Kerr@usdoj.gov

SECONDARY:

UNICOR Coleman

846 NE 54th Terrace

Coleman, FL 33521

Attn: Peyton Perry, Contract Specialist

Email: Peyton.Perry@usdoj.gov

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

3. Address to which remittance should be mailed: Offeror(s) 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:

G3. Any questions or problems regarding payment should be directed to the following location:

UNICOR FPI, Central Accounts Payable, P.O. 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:

Offeror(s) shall update www.SAM.gov and submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or non-payment of product/service until information is properly updated.

Offeror(s) may obtain the ACH form by logging on to the following website:

www.unicor.gov Business Opportunities Supplying UNICOR Click, download form and submit with written proposal.

The ACH is the first form, just click on form and print to your printer, fill out and return to the contracting officer. NOTE: DUNS number on ACH form shall match information provided in SAM.

Failure to provide matching DUNS information may result in your firm not receiving an award.

Email correspondence can be sent to UNICOR Accounts Payable at accountspayable@central.unicor.gov.

G4. 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.

http://www.sam.gov/ http://www.unicor.gov/ mailto:accountspayable@central.unicor.gov

(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.

SECTION H – ECONOMIC PRICE ADJUSTMENT

SPECIAL CONTRACT REQUIRMENTS

FPI l000HI ECONOMIC PRICE ADJUSTMENT Supplement: LCL APPR

(a) Twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period maybe adjusted in accordance with the change in PRODUCER PRICE INDEX WPU122203 NON WOOD COMMERICAL FURNITURE using the formula:

Current Producer Price Index: CPPI XXX.X

Previous Producer Price Index: PPPI - XXX.X

XXX.X divided by PPPI x 100 = X.XX%

Formula: { (CPPI – PPPI ) ÷ PPPI } x 100 = Percent Change

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

(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date). Requests that are made after the 90-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received and acknowledged in writing by the contracting officer will notate the 30 calendar day thereafter 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 the Bureau of Labor Statistics website: https://data.bls.gov, by emailing the PPI at ppi info@bls.gov, or by calling (202) 691-7705.

SECTION I - CONTRACT CLAUSES

I1. 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

I2. 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

I3. 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

I4. 52.204-26, Covered Telecommunications Equipment or Services-Representation (DEC 2019)

a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

I5. 52.212-4 Contract Terms and Conditions – Commercial Items (October 2018).

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

As prescribed in 12.301(b)(4), insert the following clause:

https://acquisition.gov/far/12.301#FAR_12_301

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2020)

(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.