FN1553-23 SOLICITATION.pdf

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WOOD LEGS & BASES
Solicitation number
1620000128
Issued by

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This is a solicitation from the Department of Justice Bureau of Prisons seeking various types of wood table legs and bases to be used in the construction of wood tables. Key details include:

  • The solicitation will result in an indefinite delivery indefinite quantity-type contract for one base year plus four one-year option periods.

  • Required products include wood table legs and bases in various specifications. Samples of all items must be received by August 10, 2023 to be considered for award.

  • Delivery lead time is 21 calendar days for all order lots. Liquidated damages may apply for late deliveries.

  • The minimum order value is $300 and maximum order value is $50,000 per line item. The minimum contract value guaranteed is $1,000 over the five-year period.

  • Pricing will be fixed for the first year but may be adjusted annually based on Producer Price Index changes for Miscellaneous Wood Product Manufacturing.

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Page 1 of 84ORDER NUMBER: 1620000128

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

Coll. No.50-1553

Erik Ponder 870-630-6000

FOX1

FOX1

391014499

UNDETERMINED SOURCE

NA BLANK

WASHINGTON DC 20534

UNICOR FPI CENTRAL ACCOUNTS PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

1620000128 See Section B

UNICOR FUNDS 15X4500 FUNDS SHALL BE OBLIGATED BY INDIVIDUAL DELIVERY ORDERS AND NOT BY THE CONTRACT ITSELF

Erik Ponder

X

321999

07/12/2023

08/10/2023

2:00 PM

FOX1

FORREST CITY FURNITURE LOW/MED

1400 DALE BUMPERS DR

FORREST CITY AR 72335-2695

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FORREST CITY FURNITURE LOW/MED

1400 DALE BUMPERS DR

FORREST CITY AR 72335-2695

09/01/2023

FORREST CITY FURNITURE LOW/MED

1400 DALE BUMPERS DR

FORREST CITY AR 72335-2695

09/01/2023

Page 2 of 84ORDER NUMBER:

Request for Quotation

1620000128

Terms:

TABLE BASES and LEGS – FN1553-23

QUANTITIES LISTED ARE ESTIMATES FOR A FIVE YEAR TIME. THE BASE YEAR

PLUS 4 OPTION YEARS.

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 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.

GENERAL INTENTION: It is the intent of this solicitation to result in a

SINGLE AWARD FOR ONE (1) base year with four (4) one year option years, if exercised, Indefinite Delivery Indefinite Quantity Type Contracts for

WOOD Table Bases and Legs delivered to FCC FORREST CITY AR

Producer Price Index: PCU321999321999 “MISCELLANEOUS WOOD PRODUCT

MANUFACTURING, NOT SEASONALLY ADJUSTED” If you believe a different PPI should be utilized, this will be the only opportunity to do so.

Other Suggest PPI: _____________________________________________

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

Base Year September 1, 2023 – August 31, 2024

Option Year 1 September 1, 2024 – August 31, 2025

Option Year 2 September 1, 2025 – August 31, 2026

Option Year 3 September 1, 2026 – August 31, 2027

Page 3 of 84ORDER NUMBER:

1620000128

Option Year 4 September 1, 2027 – August 31, 2028

Guaranteed Minimum is $1,000 over the duration of the contract, inclusive of any exercised option years.

Delivery will be 21 days after reciept of each delivery order. Day represents calendar days.

All items will be award to one offeror. Failure to submit an offer on all items may prevent an offer from being considered for award. After award, each delivery order will be quoted to awarded vendor to allow for best cost savings to governemnt agency.

Solictaiton number is FN1553-23 and this solcitation is issued as a

Request for Proposal (RFP).

This requirement is a Full and Open Competition.

Place of Manufacture means the place where the end product is assembled out of components, or otherwie made or processed from raw materials into the finised product that is to be provided to the Government.

___________ ,,In the United States

___________,,Outside the United States. List country of orgin

The following information pertains to the Standard Form 1449 of the solicitation:

OMB1103-0018

The Offerer acceptance period is 90 calendar days.

Block 25, funds (15X4500) will be obligated by each delivery order and not by the contract itself. Block 31b, Brent Ponder, Contract

Specailist.

Place of Delivery:

UNICOR , FCC Forrest City

1400 Dale Bumpers Rd.

Forrest City, AR 72335

Delivery hours: 7:00 A.M. to 1:30 P.M.

Offerors shall submit (2) copies of the signed and dated offers VIA

FEDEX OR UPS to BRENT PONDER, CONTRACT SPECIALIST, UNICOR, FCC Forrest

Page 4 of 84ORDER NUMBER:

1620000128

City 1400 Dale Bumpers Rd., Forrest City, AR 72335. Package shall reference FN1553-23.

Offerors may also submit proposals via email to brent.ponder@usdoj.gov.

Email proposals must be received by closing date and time and shall be sent as an Adobe PDF file. The email subject line must state the

Solicitation number FN1553-23. Email proposals shall be accompanied by

(2) hard copies of the signed and dated offers received.

All solicitations (also future procurement) and any other information

(amendments, etc) may be obtained through www.SAM.gov.

*UNICOR may add other factories or materials to contract at a later date.

All solicitations and other future information about this requirement will be posted to www.sam.gov.

All interested parties shall read the solicitation in its entirety. All questions must be addressed in writing to Brent Ponder at

Brent.Ponder@usdoj.gov. No questions will be answered via telephone. The deadline date for submission of questions is Tuesday, July 25th, 2023 at 2:00 PM EST. No questions will be answered after that date. An amendment will be posted to the solicitation after the closing date of questions to provide answers to all questions associated with the solicitation.

Solicitation closing date is Thursday August 10, 2023 by 2:00 PM EST.

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:

THIS REQUIREMENT IS A FULL AND OPEN COMPETITION REQUIREMENT

FOR NAICS CODE 321999.

The following information pertains to the Standard Form 1449

Solicitation:

OMB 1103-0018

The offer acceptance period is 90 calendar days.

Page 5 of 84ORDER NUMBER:

1620000128

Place(s) of Delivery:

UNICOR, FCC FORREST CITY

1400 DALE BUMPERS ROAD

FORREST CITY AR

NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract.

NAICS CODE ASSOCIATED WITH THIS SOLICITATION IS 321999

ALL OTHER MISCELLANEOUS WOOD PRODUCT MANUFACTURING, small business size standard is 500 employees.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field

Administrative Contracting Officers at UNICOR (factory location) or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

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, Page 6 of 84ORDER NUMBER:

1620000128 an/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 Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than

15 calendar days after its effective date.

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, an/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 Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than

15 calendar days after its effective date. All

Page 7 of 84ORDER NUMBER:

1620000128

Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.

Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.

SECTION C - DESCRIPTION/STATEMENT OF WORK

This solicitation will result in a single award contract for various types of Wood Table Legs and Bases to be used in the construction of wood tables.

SAMPLES OF EVERY ITEM OF THIS SOLICITATION MUST BE RECIEVED BY THE

CLOSING DATE AND TIME OF THE SOLICITATION (THURSDAY, AUGUST 10, 2023 BY

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

ALL SAMPLES SENT MUST BE CLEARLY MARKED WITH THE FOLLOWING:

ATTN: BRENT PONDER, CONTRACT SPECIALIST

SOLICITATION NUMBER FN1553-23

UNICOR , FCC FORREST CITY

1400 DALE BUMPERS RD

FORREST CITY, AR 72335

PHONE: (870) – 630 – 6000 EXT. 1138

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

IF YOUR FIRM IS HAVING ANOTHER COMPANY SUBMIT SAMPLES ON YOUR BEHALF,

YOU MUST HAVE THE SAMPLES CLEARLY MARKED WITH YOUR COMPANY NAME, AS WELL

AS AN EMAIL FROM YOUR COMPANY STATING THAT ANOTHER COMPANY WILL BE

SENDING THE SAMPLES IN OR THEY WILL NOT BE ACCEPTED.

IF YOU ARE CURRENTLY THE SUPPLIER OF THE PRODUCTS LISTED IN THIS

SOLICITAITON, YOU ARE NOT REQUIRED TO SUBMIT SAMPLES OF THOSE PRODUCTS,

UNLESS YOU ARE PROPOSING SUPPLYING A PRODUCT THAT IS DIFFERENT THAN THE

PRODUCT CURRENTLY BEING SUPPLIED.

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

RETURNED.

Page 8 of 84ORDER NUMBER:

1620000128

ECN Changes: Offerors shall notify UNICOR in writing 30 calendar days in advance of any proposed changes. All changes must be approved by Tatea

Cavanaugh, Email: Tatea.Cavanaugh@usdoj.gov, Chief of Sales; Karen

Bradburry-Roseth Email: karen.bradbury2@usdoj.gov, Operations Manager;

and Mike Mudry, Email: Michael.Mudry2@usdoj.gov, Product Support

Center Representative. A contract modification will be issued to reflect changes to the contract. Written notifications shall be provided to Brent Ponder Email: Brent.Ponder@usdoj.gov, Linda Kerr Email:

Linda.Kerr@usdoj.gov, and Anthony Green Email:

Anthony.Green4@usdoj.gov. No changes shall be made to product until written approval is provided by UNICOR to the successful offeror. Once changes have been approved by UNICOR, a contract modification will be issued to reflect approved changes to the contract.

Delivery and Shipping Terms: Product should be packaged and delivered in accordance with standard commercial practice. Packaging shall be done in a way to prevent shipping damage to the product.

NOTE: UNICOR may add other factories and/or materials to contract at a later date through a modification to the awarded contract.

SECTION D - PACKAGING AND MARKING

D.1 FPI 1000D PACKAGING AND MARKING

Supplement: LCL APPR

Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination.

The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity. A

Certificate of Conformance must accompany each shipment. ALL SHIPMENTS

RECEIVED WITHOUT A CERTIFICATE OF CONFORMANCE (COC) WILL NOT BE

PROCESSED FOR PAYMENT UNTIL A COC IS PROVIDED.

Shipments shall be tarped, and water tight. No wet product will be

Page 9 of 84ORDER NUMBER:

1620000128 accepted, and will be removed at successful offerors expense. All products shall be packaged to deliver safely and without damage. Failure to do so will result in returning product at your expense.

All shipments should be labeled as follows:

a. Vendor name

b. Purchase Order number and/or Contract number

c. Item description

d. Item quantity and weight

e. Other pertinent information

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

POINT OF CONTACT C. Murphy (870)630-6000 Ext. 1347, Email:

casey.murphy2@usdoj.gov; L. Cook (870)630-6000 Ext. 1369, Email:

levi.cook2@usdoj.gov; S. Gatchell (870)630-6000 Ext. 1054, Email:Stanley.gatchel2@usdoj.gov. Fax Number (870)630-6004.

Delivery hours are as follows:

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

Federal Holidays.

A CERTIFICATE OF CONFORMANCE MUST ACCOMPANY EACH SHIPMENT OF THIS ITEM

OR ITEMS FOR RECEIPT AND PAYMENT.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

E.1 52.246-16 Responsibility for Supplies. APR 1984

E.2 52.246-15 Certificate of Conformance

Certificate of Conformance (Apr 1984)

(a) When authorized in writing by the cognizant Contract Administration

Office (CAO), the Contractor shall ship with a Certificate of

Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced.

Page 10 of 84ORDER NUMBER:

1620000128

Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractors name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: ________________________________

Signature: _______________________________________

Title: ____________________________________________

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FPI 1000F1 DELIVERY ORDER

Supplement: LCL APPR

Delivery Orders can be submitted to offerers via fax or email. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation must

Page 11 of 84ORDER NUMBER:

1620000128 be returned to the contracting officer within 24 hours of order receipt.

Order confirmation containing the following information must be emailed to Brent.Ponder@usdoj.gov or the email of the contracting officer that sent the order whichever applies.

a. Date of order

b. Contract number and order number

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

d. Delivery or performance date

e. Place of delivery

f. Shipping instructions

g. Accounting data

h. Any other pertinent information

Delivery lead time on all award lots will be 21 calendar days for all orders placed.

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

F.2 FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE

Supplement: LCL APPR

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

PRIMARY:

Brent Ponder, Contract Specialist, 870-630-6000 x1138, email

Brent.Ponder@usdoj.gov

SECONDARY:

Anthony Green, Contracting Specialist, UNICOR OFG, Central Office, 850-878-2173 x 1303, Anthony.Green4@usdoj.gov

F.3 52.211-11 Liquidated Damages - Supplies, Services, or Research and

Development. (SEP 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in

Page 12 of 84ORDER NUMBER:

1620000128 place of actual damages, pay to the Government liquidated damages not to exceed 5% per calendar week of the total cost of each line item delayed.

UNICOR will issue purchase orders with pricing according to the assigned contract terms. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor. Liquidated damages will begin to accrue at the moment of a delay caused by the offeror. The amounts will be tracked and UNICOR will bill contractor quarterly for all liquidated damages for the previous three months. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product.

The contractor will issue UNICOR a credit according to the spreadsheet generated by UNICOR Contract Specialist. A copy of the credit shall be submitted to the Contract Specialist Brent Ponder should be emailed to

Brent.Ponder@USDOJ.GOV

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

Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location. There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike.

Severe weather delays will be handled on a case by case basis.

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

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

(b) below.

(b) The permissible variation shall be limited to:

10% Under delivery (-)

10% Over Delivery (+)

Page 13 of 84ORDER NUMBER:

1620000128

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

F.5 52.247-34 F.O.B. Destination (NOV.

1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(COTR) (NOV 2020)

Supplement: LCL APPR

(a),,TBA, is hereby designated to act as Contracting Officer’s

Representatives (COR) under this contract for FCC Forrest City.

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

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

ADMINISTERED BY: This contract will be administered by:

PRIMARY: Brent Ponder

UNICOR, Federal Prison Industries

1400 Dale Bumpers Blvd.

Forrest City, AR 72335

Attn: Brent Ponder, Contract Specialist

870-630-6000 x1138

Email: Brent.Ponder@usdoj.gov

Page 14 of 84ORDER NUMBER:

1620000128

SECONDARY:

UNICOR, Federal Prison Industries<(>,<)>

Attn: Anthony Green, Contract Specialist

501 Capital Circle

Tallahasee, FL 32301

850-878-2173 x 1303

Email: Anthony.Green4@usdoj.gov

Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above.

In the event Mr. Ponder is unavailable, please mail correspondence to the secondary contact.

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

(a) Payee Name (Contractor):__________________________________

(b) Check Remittance Address:

Any questions or problems regarding payment should be directed to the

Business Manager at the following locations:

UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 11849, LEXINGTON, KY

40578-1849

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Supervisory Operating Accountant

PH: 1-800-827-3168

Or

Page 15 of 84ORDER NUMBER:

1620000128

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE CONTRACT

NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE ORDER NUMBER WILL BE

REJECTED AND RETURNED TO VENDOR.

NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT, INVOICES

THAT DO NOT AGREE WITH THE PURCHASE ORDER/DELIVERY ORDER AMOUNTS WILL BE

RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN BLOCK 17A OF THE

SF1449.

Vendor Payment

Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or nonpayment of product/service until information is properly updated. ACH form is included as part of the solicitation package and must be filled out by any party who isn't currently doing business with UNICOR.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 FPI l000HI ECONOMIC PRICE ADJUSTMENT Supplement

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

Index Decision UNIT PCU321999321999 “Miscellaneous Wood Product

Manufacturing” 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.

IF PRODUCER PRICE INDEX DOES NOT CALL FOR A CHANGE IN PRICE AT ANY TIME

DURING THE AWARDED CONTRACT, THE OFFEROR AGREES TO CONTINUE AT CURRENT

PRICING UNTIL THE NEXT TIME AN EPA IS AUTHORIZED.

Page 16 of 84ORDER NUMBER:

1620000128

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

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

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

(e) No adjustment shall be made if the referenced change is less than

2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10% of the original contract base price, based on the original or option period contract price; downward adjustments are not limited.

(f) Indices are available from 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.

Page 17 of 84ORDER NUMBER:

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SECTION I - CONTRACT CLAUSES

I.1 52.204-4, Printed or Copied Double-Sided on Recycled Paper, (MAY

2011)

I.2 52.212-4, Contract Terms and Conditions - Commercial Items (DEC

2022)

I.3 52.212-5 Contract Terms

I.4 52.212-5 Contract Terms and Conditions Required To Implement

Statutes or Executive Orders—Commercial Products and Commercial

Services.

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

Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (Jun 2023)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section

889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct

2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

Page 18 of 84ORDER NUMBER:

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(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 products and commercial services:

[Contracting Officer check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the

Government (Jun 2020)<(>,<)> with Alternate I (Nov 2021) ( 41 U.S.C. 47

04 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) ( 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).

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

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

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun

2023) (Section 102 of Division R of Pub. L. 117-328).

_x_ (9) 52.209-6, Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct

2022) ( 15 U.S.C. 657a).

_x_ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved]

__ (15)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (16)

Page 19 of 84ORDER NUMBER:

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(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022)

( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022)

( 15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (19)

(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.

__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022)

( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

_x_ (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar

2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct

2022) ( 15 U.S.C. 637(m)).

__ (25) 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 (Oct 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business

Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C.

637(a)(17)).

_x_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (29) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (Dec 2022) (E.O.13126).

_x_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (31)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

Page 20 of 84ORDER NUMBER:

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

_x_ (32)

(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_ (33)

(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_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020)

( 38 U.S.C. 4212).

_x_ (35) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (36)

(i) 52.222-50, Combating Trafficking in Persons (Nov

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

E.O. 13627).

__ (37) 52.222-54, Employment Eligibility Verification (May

2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (38)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of

Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (41)

(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.

__ (42)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun

2014) (E.O.s 13423 and 13514).

Page 21 of 84ORDER NUMBER:

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__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May

2020) ( 42 U.S.C. 8259b).

__ (44)

(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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48)

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

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

__ (49)

(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec

2022) ( 19 U.S.C. 3301 note<(>,<)> 19 U.S.C. 2112 note<(>,<)> 19 U.S.C.

3805 note<(>,<)> 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections

4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

_x_ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501<(>

,<)> et seq.<(>,<)> 19 U.S.C. 3301 note).

__x (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb

2021) (E.O.’s, proclamations, and statutes administered by the Office of

Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial

Page 22 of 84ORDER NUMBER:

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Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505<(>,<)> 10

U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and

Commercial Services (Nov 2021) ( 41 U.S.C. 4505<(>,<)> 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than

System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

_x_ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug

1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan

2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph

(c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug

2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.

S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

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

__ (6) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements (May

2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Order 14026 (Jan 2022).

Page 23 of 84ORDER NUMBER:

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__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan

2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing

Page 24 of 84ORDER NUMBER:

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Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered

Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment. (Nov

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun

2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022)

( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Jun

2020) ( 38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun

2020) ( 29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Jun

2020) ( 38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug

2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Nov

2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of

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

(xvi) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements (May

2014) ( 41 U.S.C. chapter 67).

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(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O.

12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Order 14026 (Jan 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan

2022) (E.O. 13706).

(xx)

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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

(d) of this clause" in the redesignated paragraph (d) to read

"paragraphs (a), (b), and (c) of this clause".

Alternate II (Jun 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and

(e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate

Inspector General appointed under section 3 or 8 G of the Inspector

General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs

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(a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1).

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