FN1509-21 Final Sales and Marketing Solicitation.pdf

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 offerors 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 Joshua Hassler @ Joshua.Hassler2@usdoj.gov by Thursday, December 10, 2020 @ 2:00 pm EST. No questions will be answered verbally. No questions will be answered after December 10, 2020.

An amendment will be issued after December 10, 2020 with answers to all written questions received before the deadline date for questions.

GENERAL INTENTION: It is the intent of this solicitation to result in a one (l) base year with four (4) one year option years if exercised Indefinite Delivery Indefinite Quantity Type Contract for sales and marketing of UNICOR furniture products. Solicitation number is FN1509-21 and this solicitation is issued as a Request for Proposal (RFP).

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 $5,000.00 over the duration of the contract, inclusive of any exercised option years.

NAICS Code 541613 Business Size Standard is $16.5

Services are to be provided throughout the continental United States

The following information pertains to the Standard Form 1449 Solicitation:

OMB 1103-0018

The offer acceptance period is 120 calendar days.

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

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

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

NOTE: UNICOR may add services 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 beta.SAM.gov.

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:

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

Section B: Provide pricing on all services to be performed under this contract utilizing the excel pricing sheet attached. An electronic copy must be submitted by closing date and time of solicitation. This electronic form is posted as part of this solicitation package. Electronic copy of solicitation must be returned to Linda.Kerr@usdoj.gov by offer closing date and listed on the SF1449. To be considered for award, a bid must comply in all material respects with the request for proposal. Such compliance enables offerors to stand on an equal footing and maintain the integrity of the bidding process

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.

The DUNS and TIN numbers must match your information on www.sam.gov

DUNS Number:

TIN Number:

A copy of the entire proposal shall be sent to the four (4) individuals listed below. The proposals shall reference FN1509-21.

UNICOR FCI McKean Attn: Linda K. Kerr, Supervisory Contract Specialist Reference: FN1509-21 6975 Route 59 Lewis Run, PA 16738 Email: Linda.Kerr@usdoj.gov Phone: (814) 362-4155 https://www.sam.gov/

UNICOR, Federal Prison Industries Attn: Tatea R. Cavanaugh, Chief of Sales Reference: FN1509-21 400 First Street NW, Room 7012 Washington, DC 20534, Email: Tatea.Cavanaugh@usdoj.gov Phone: (202) 305-7302

UNICOR Forrest City Attn: Joshua Hassler, Contract Specialist Reference: FN1509-21 1400 Dale Bumpers Road Forrest City, AR 72335 Email: Joshua.Hassler2@usdoj.gov Phone: (870) 630-6000 x 1138

UNICOR FCC Coleman – Medium Attn: Clarice Bailey, Contract Specialist Reference: FN1509-21 846 NE 54th Terrace Coleman, FL 33521 Email: Clarice.Bailey@usdoj.gov Phone: (352) 689-5099

Section C - Statement of Work

GENERAL INTENTION: It is the intent of this solicitation to result in a one (l) base year with four (4) one year option years if exercised Indefinite Delivery Indefinite Quantity Type Contract for sales and marketing of UNICOR furniture products. Solicitation number is FN1509-21 and this solicitation is issued as a Request for Proposal (RFP).

UNICOR Office Furniture Group (OFG) has a contract requirement for sales and marketing of systems furniture, case goods, seating, metals and accessory items.

Successul offeror(s) will be responsible for sales and marketing of the Office Furniture Group's product offering during the term of the contract. This shall include but not be limited to the existing products and any products added at a later date.

The sales force shall have the responsibility to cover the United States including Alaska, Puerto Rico and Hawaii. At a minimum, the sales force must be staffed at a level and mailto:Tatea.Cavanaugh@usdoj.gov mailto:Joshua.Hassler2@usdoj.gov mailto:Clarice.Bailey@usdoj.gov physically located sufficiently to provide timely responses to customers throughout the United States. Generally, a customer should be responded to within 24 hours. UNICOR will not establish sales force staffing levels in recognition of this being performance based.

UNICOR will bear none of the operational costs associated with the sales force. This includes, but is not limited to, salaries, benefits, office costs, office expenses, and travel costs. This shall be considered a cost of doing business and will be the sole responsibility of the successful offeror.

The sales force shall be responsible for identifying customers, making sales calls, closing the sale, and facilitating a smooth hand off to UNICOR's Project Managers upon receipt of the order. The sales representative has a responsibility to educate the customer on UNICOR processes related to ordering, cancellations, order delays and storage charges. If the customer changes the order after it has been released for production, storage charges will apply. If the customer is not ready to receive the product for installation on the specified date, storage charges will apply. Successful offeror shall develop a fact sheet, subject to UNICOR approval, to educate the customer on the "customer's responsibilities" when customer caused delays and changes occur. The successful offeror sales representative and the UNICOR Project Manager will work together to obtain appropriate procurement document revisions from the customer to facilitate invoicing, Successful offeror shall maintain a UNICOR customer database by sales representative that shall contain at a minimum the following information:

Agency Name Point of Contact Telephone Number Email Address Alternate Point of contact

UNICOR has ownership of the database and the information shall not be shared without the written consent of UNICOR. At the end of the contract, the database shall be provided to UNICOR and the successful offerors shall not utilize this information to compete against UNICOR in future endeavors.

Successful offeror shall acquire a National Sales Manager upon contract award. This position shall report directly to the UNICOR Office Furniture Group Chief of Sales or his/her designee and have full responsibility for all sales activity for the sales force handling UNICOR products.

This position shall have (5) five years of contract furniture management experience with the federal government/commercial market.

The National Sales Manager shall meet with UNICOR management staff in Washington, DC or via teleconference twice a month. These meetings shall be established on mutually agreed days.

In addition to hiring a National Sales Manager, a Regional Manager shall be hired to oversee the sales representatives and their territories.

Offeror is to provide the following:

Offerors shall submit a resume for the National Sales Manager, Regional Managers and all sales representatives they propose in the performance of the contract.

National Sales Manager shall have (5) five years of contract furniture management experience with the federal government/commercial market.

Regional Managers and all sales representatives shall have a minimum of two (2) years of successful experience in government/commercial furniture sales

Individual resumes shall be no more than 3 pages in length.

Offeror shall provide an Executive Summary and company profile. Offerors will be evaluated on their knowledge in contract furniture management and their experience with the federal government market.

The sales force shall be exclusive to UNICOR. Successful offeror shall be responsible for tracking all sales leads through to closure. This will include pre-sales and post-sales activity.

Successful offeror shall submit to UNICOR by the 5 th of each month a report showing, at a minimum, the percentage of successful order receipt, as well as a forecast of expected orders over the next 30, 60, and 90 days. This report shall be by product category and dollars.

Sales Management activities will include but not be limited to:

o Conduct weekly district sales and marketing operations meeting.

o Develop monthly incoming forecast in conjunction with the sales representatives o Maintain a presence at all tradeshows and marketing opportunities that occur within the

Sales District of responsibility.

o Responsible for the sales goal within the district.

o Report monthly on the sales district's performance o Recommend pricing strategies and tactics at the district level.

o Conduct and assist district representatives with field presentations o Develop personnel sales relationships with key government specifiers and influencers.

Successful offeor shall establish a bid desk to respond to government solicitations and issue quotes to federal customers. UNICOR shall participate in such a manner that any discounts or non-standard terms and conditions given are approved or negotiated by the UNICOR Chief of Sales or his/her designee.

Reports to UNICOR management supplied not later than the 5 th of each month shall include, but not be limited to:

Summary forecast reports by product groups.

Sales lead probability report by order Any other reports deemed necessary by UNICOR

Successful offerors will be responsible for ensuring that the sales representatives have the appropriate background to allow for the granting of access to customer sites and our SAP system. UNICOR will process all applications in a timely manner.

Performance of Work on Government Premises: Current rules and regulations applicable to the premises, where the work will be performed, shall apply to the contractor and its employees while working on the premises. These regulations include, but are not limited to, presenting valid identification for entrance, smoking restrictions and following safety procedures.

All new staff shall provide a resume which must be reviewed and approved by UNICOR Chief of Sales. The resume(s) shall be provided to the Chief of Sales prior to any interviews or his/her designee.

Successful offerors shall receive compensation for the monthly sales in accordance with the following target range 1% to 2.5% for sales up to 10 million and 2.6% to 4% for sales exceeding 10 million.

The percentages paid will be based upon a report provided to the offeror by UNICOR Chief of Sales at the end of each month based on invoiced sales report. Reductions will be taken from final invoice for any chargebacks as the result of sales errors. The report will include the following OFG factories:

Allenwood Seating Ashland Case Goods Beckley Seating Coleman Systems El Reno Metals Forrest City Case Goods Milan Systems

UNICOR may add additional locations or products through a modification of the awarded contract.

All request for waivers shall be submitted through UNICOR’s website at www.unicor.gov .

All waiver activity shall be under the oversight of the Chief of Sales, and successful offeror will be directed in their day to day management of the waiver process.

All request for discounts shall be submitted to the Chief of Sales on the attached request form.

All sample product request shall be submitted to the Chief of Sales on the attached request form.

Successful offeror will facilitate the appropriate training of all sales representatives on UNICOR's complete product offering. UNICOR shall be involved and provide input in this process.

Sales Representatives shall perform in a professional manner at all times.

Successful offeror shall maintain and provide to UNICOR Chief of Sales a detailed list of all sales representatives to include but not limited to:

o Name o Location o Phone Number o Territory to be covered by each Sales representative

Any changes shall be provided in writing to the Chief of Sales within 24 hours of change.

The list of sales representatives and their territories shall be provided as part of the written proposal . Also it must be kept up to date and provided to the Chief of Sales and Program Management quarterly. Successful offeror is to notify UNICOR Contracting, Chief of Sales and Chief of Project Management in writing of any changes to the list of sales representatives.

The period of performance is one base year with four one year option if exercised as follows:

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.

UNICOR Office Furniture Group sales/marketing includes but may not be limited to the following UNICOR Products:

Systems

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 a built in marker board or slat wall tiles, as well as doors, etc.

Privacy Screens/Panels — movable components that come in a variety of sizes and configurations. May be free standing, fastened to work surfaces, or form the supporting structure for work surfaces.

Work Surfaces — may be a floor supported or panel supported work surfaces. Comes in a variety of finishes, may be angular or curvi-linear, may include privacy screens and storage options. Accommodates technology demands, including electrical needs, computer accessories, computer cable, fiber optics, etc. Options may include nesting tables, conferencing corners, etc.

Storage Products — includes a wide variety of products including overhead bins, mobile and stationary pedestals, group storage and filing, storage cabinets, wardrobe/storage cabinets.

Product options may include a variety of finishes (paint, laminate, veneer, fabric, etc.).

Miscellaneous Office Enhancements — a variety of products that increase the utility of systems furniture including paper management, tack boards and mobile privacy screens.

UNICOR Case Goods

Baritone Wood Relevate Wood Integrate Laminate Harmony Laminate

UNICOR Seating

Ergonomic Task Lounge (1, 2, 3 place seating) Executive Guest and Reception Drafting Stools Stacking Chairs

Tables Breakroom Occasional Conference Training/Classroom

Float Coffee End Table Sofa Tables

Files/Bookcases/Storage

Lateral files — Wood, Metal and Laminate ( 2, 3, 4 and 5 high) Stationary/Mobile Storage Pedestals — Wood, Metal and Laminate Vertical filing Systems — Wood, Metal and Laminate (4 and 5 high) Bookcases Wood, Metal and Laminate (2, 3, 4 and 5 high)

Accessories

Monitor Arms Ergonomic Keyboards Mouse Pads CPU Holder and Mount Desk Lights Access Rails Cable Management

Metals

Storage Lockers Shelving Warehouse Systems Industrial Racking Industrial Cantilever racking Industrial Stacking Rack

FPI's intention is to award a single award contract.

Successful offerors sales staff, National and Regional Sales Managers SHALL pass security requirements as set forth by each agency. This may vary based on level of security at site.

UNICOR will notify offeror of the security requirements. All staff must complete and pass a NCIC check. Forms are provided for reference. These forms will be requested upon contract award.

SECTION D PACKAGING AND MARKETING

Not applicable

SECTION E - INSPECTION AND ACCEPTANCE El.

52.246-4 Inspection of Services-Fixed-Price. (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F1. FPI 1000F1 DELIVERY ORDER

Supplement: LCL APPR

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

Order confirmation containing the following information must be faxed or emailed to the contracting officer or their designee.

a. Date of order

b. Contract number and order number

c. Description of estimated services

d. Accounting Data

e. Any other pertinent information

The percentages paid will be based upon a report provided to the offeror by UNICOR Chief of Sales at the end of each month based on invoiced sales report. Reductions will be taken from final invoice for any chargebacks as the result of sales errors.

F2. FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE

Supplement: LCL APPR

16.505(a) and the clause located in FAR 52.216-18 entitled "Ordering" and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below:

PRIMARY:

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

SECONDARY:

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

Clarice Bailey, Contracting Officer, UNICOR, FCC Coleman, 352-689-5099, e-fax 352-330-8388, Clarice.Bailey@usdoj.gov mailto:Joshua.Hassler2@usdoj.gov

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

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

SECTION G - CONTRACT ADMINISTRATION DATA

GIO JAR 2852.201-70 CONTRACTING OFFICERS REPRESENTATIVE (COR) (JAN 1985)

Supplement: LCL APPR

(a) TBA, is hereby designated to act as Contracting Officer's Representatives (COR) under this contract.

(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.

G2. This contract will be administered by:

PRIMARY:

UNICOR FCI McKean Attn: Linda K. Kerr, Supervisory Contract Specialist 6975 Route 59 Lewis Run, PA 16738 Phone: (814) 362-4155 Email: Linda.Kerr@usdoj.gov

SECONDARY:

UNICOR Forrest City Attn: Joshua Hassler 1400 Dale Bumpers Road Forrest City, AR 72335 mailto:Peyton.Perry@usdoj.gov mailto:Anthony.Green2@usdoj.gov

Phone: (870) 630-6000 x 1138 Email: Joshua.Hassler2@usdoj.gov

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

G3. Address to which remittance should be mailed: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page I (Standard Form 33), they shall enter it below:

(a) Payee Name (Contractor):

(b) Check Remittance Address:

Any questions or problems regarding payment should be directed to the following 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 mailto:Joshua.Hassler2@usdoj.gov http://www.sam.gov/ http://www.unicor.gov/

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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Not applicable

SECTION I - CONTRACT CLAUSES

52.202-1, Definitions (JUN 2020)

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

52.204-9, Personnel ID Verification of Contractor Personnel (JAN 2011)

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 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 mailto:accountspayable@central.unicor.gov https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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 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)

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

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)

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 (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. 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805note)).

(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 (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101note).

_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 (MAR 2020) (15 U.S.C.657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.644).

(ii) Alternate I (MAR 2020) (52.219-6)

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) 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 (JUN 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

_X_ (iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (MAY 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(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 (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-40-notification-employee-rights-under-national-labor-relations-act#i1056304 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-54-employment-eligibility-verification#i1056753 https://www.acquisition.gov/content/221803-contract-clause#i1095479 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

(ii) Alternate I (OCT 2015) of 52.223-13.

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

(ii) Alternate I (JUN 2014) of 52.223-14.

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

(ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

(49) (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.

https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-11-ozone-depleting-substances-and-high-global-warming-potential-hydrofluorocarbons#i1053180 https://www.acquisition.gov/content/52223-12-maintenance-service-repair-or-disposal-refrigeration-equipment-and-air-conditioners#i1053196 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232 https://www.acquisition.gov/content/52223-15-energy-efficiency-energy-consuming-products#i1053246 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274 https://www.acquisition.gov/content/52223-18-encouraging-contractor-policies-ban-text-messaging-while-driving#i1053316 https://www.acquisition.gov/content/52223-20-aerosols#i52_223_20 https://www.acquisition.gov/content/52223-21-foams#id1668D08086F https://www.acquisition.gov/content/52224-3-privacy-training#i52_224_3 https://www.acquisition.gov/content/52224-3-privacy-training#i52_224_3 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3…